“Foul Subterfuge”: A GOP Witch Hunt For The Zombie Voter
Republicans are waging the most concerted campaign to prevent or discourage citizens from exercising their legitimate voting rights since the Jim Crow days of poll taxes and literacy tests.
Four years ago, Democrats expanded American democracy by registering millions of new voters — mostly young people and minorities — and persuading them to show up at the polls. Apparently, the GOP is determined not to let any such thing happen again.
According to the nonpartisan Brennan Center for Justice at New York University, which keeps track of changes in voting laws, 22 statutes and two executive actions aimed at restricting the franchise have been approved in 17 states since the beginning of 2011. By the center’s count, an additional 74 such bills are pending.
The most popular means of discouraging those young and minority voters — who, coincidentally, tend to vote for Democrats — is legislation requiring citizens to show government-issued photo identification before they are allowed to cast a ballot. Photo ID bills have been approved by Republican-controlled legislatures in Alabama, Kansas, Pennsylvania, South Carolina, Tennessee, Texas and Wisconsin, and by referendum in Mississippi. Only one state with a Democratic-controlled legislature — Rhode Island — passed a law requiring voters to produce identification, and it does not mandate a government ID with a photo. In Virginia, Republican Gov. Bob McDonnell has not decided whether to sign a voter ID bill the legislature sent to his desk.
In theory, what could be wrong with demanding proof of identity? In the real world, plenty.
As Republican strategists are fully aware, minorities are overrepresented among the estimated 11 percent of citizens who do not have a government-issued photo ID. They are also painfully aware that, in 2008, President Obama won 95 percent of the African American vote and 67 percent of the Hispanic vote. It doesn’t take a genius to do the math: If you can reduce the number of black and Latino voters, you improve the Republican candidate’s chances.
If photo ID laws were going to be the solution, though, Republicans had to invent a problem. The best they could come up with was The Menace of Widespread Voter Fraud.
It’s a stretch. Actually, it’s a lie. There is no Widespread Voter Fraud. All available evidence indicates that fraudulent voting of the kind that photo ID laws would presumably prevent — someone shows up at the polls and votes in someone else’s name — just doesn’t happen.
For a while, the GOP pointed to South Carolina, where Republican Gov. Nikki Haley said that “dead people” had somehow cast ballots in recent elections. But then the state’s election commission investigated claims of 953 zombie voters and, um, well, never mind.
The number of voters came from a crude comparison of records done by the state’s Department of Motor Vehicles. The elections commission actually found 207 contested votes. Of that total, 106 reflected clerical errors by poll workers, 56 reflected errors by the motor vehicles department, 32 involved people who were mistakenly listed as having voted, and three involved people who had cast absentee ballots and then died before Election Day.
That left 10 contested votes — count ’em, 10 — that could not be immediately resolved. However, the commission found no evidence of fraud. Or of zombies.
Of course, there are other potential kinds of electoral fraud; crooked poll workers, for example, could record votes in the names of citizens who actually stayed home. Election officials could design ballots in a way that worked to a specific candidate’s advantage or disadvantage (see Florida, 2000). But none of this would be prevented by photo ID, which still hasn’t found a problem to solve — except, perhaps, an excess of Democratic voters.
Even more sinister are new laws, such as in Florida, that make it much more difficult for campaigns — or anyone else — to conduct voter-registration drives. If you thought Republicans and Democrats agreed that more Americans should register to vote, you were sadly mistaken.
Florida requires that groups conducting registration drives be vetted and that registration forms be submitted within 48 hours of when they are signed — an onerous and unnecessary burden that only serves to hamper anyone seeking to expand the electorate. Let’s see, who might try to do such a thing? The Democratic Party, maybe? The Obama campaign?
In the name of safeguarding the sanctity of the ballot, Republicans are trying to exclude citizens they consider likely to vote for Democrats — the young, the poor, the black and brown. Those who love democracy cannot allow this foul subterfuge to succeed.
By: Eugene Robinson, Opinion Writer, The Washington Post, April 30, 2012
“Satisfying The Base”: Why Republicans Can’t Stop Pissing Off Hispanics, Women, And Young People
What are the three demographic groups whose electoral impact is growing fastest? Hispanics, women, and young people. Who are Republicans pissing off the most? Latinos, women, and young people.
It’s almost as if the GOP can’t help itself.
Start with Hispanic voters, whose electoral heft keeps growing as they comprise an ever-larger portion of the electorate. Hispanics now favor President Obama over Romney by more than two to one, according to a recent Pew poll.
The movement of Hispanics into the Democratic camp has been going on for decades. What are Republicans doing to woo them back? Replicating California Republican Governor Pete Wilson’s disastrous support almost twenty years ago for Proposition 187 – which would have screened out undocumented immigrants from public schools, health care, and other social services, and required law-enforcement officials to report any “suspected” illegals. (Wilson, you may remember, lost that year’s election, and California’s Republican Party has never recovered.)
The Arizona law now before the Supreme Court – sponsored by Republicans in the state and copied by Republican legislators and governors in several others – would authorize police to stop anyone looking Hispanic and demand proof of citizenship. It’s nativism disguised as law enforcement.
Romney is trying to distance himself from that law, but it’s not working. That may be because he dubbed it a “model law” during February’s Republican primary debate in Arizona, and because its author (former state senator Russell Pearce, who was ousted in a special election last November largely by angry Hispanic voters) says he’s working closely with Romney advisers.
Hispanics are also reacting to Romney’s attack just a few months ago on GOP rival Texas Governor Rick Perry for supporting in-state tuition at the University of Texas for children of undocumented immigrants. And to Romney’s advocacy of what he calls “self-deportation” – making life so difficult for undocumented immigrants and their families that they choose to leave.
As if all this weren’t enough, the GOP has been pushing voter ID laws all over America, whose obvious aim is to intimidate Hispanic voters so they won’t come to the polls. But they may have the opposite effect – emboldening the vast majority of ethnic Hispanics, who are American citizens, to vote in even greater numbers and lend even more support to Obama and other Democrats.
Or consider women – whose political and economic impact in America continues to grow (women are fast becoming better educated than men and the major breadwinners in American homes). The political gender gap is huge. According to recent polls, women prefer Obama to Romney by over 20 percent.
So what is the GOP doing to woo women back? Attacking them. Last February, House Republicans voted to cut off funding to Planned Parenthood. Last May, they unanimously passed the “No Taxpayer Funding for Abortion Act,” banning the District of Columbia from funding abortions for low-income women. (The original version removed all exceptions – rape, incest, and endangerment to a mother’s life – except “forcible” rape.)
Earlier this year Republican legislators in Virginia, Pennsylvania, Idaho, and Alabama pushed bills requiring women seeking abortions to undergo invasive vaginal ultrasound tests (Pennsylvania Republicans even wanted proof such had viewed the images).
Republican legislators in Georgia and Arizona passed bills banning most abortions after twenty weeks of pregnancy. The Georgia bill would also require that any abortion after 20 weeks be done in a way to bring the fetus out alive. Republican legislators in Texas have voted to eliminate funding for any women’s healthcare clinic with an affiliation to an abortion provider – even if the affiliation is merely a shared name, employee, or board member.
All told, over 400 Republican bills are pending in state legislatures, attacking womens’ reproductive rights.
But even this doesn’t seem enough for the GOP. Republicans in Wisconsin just repealed a law designed to prevent employers from discriminating against women.
Or, finally, consider students – a significant and growing electoral force, who voted overwhelmingly for Obama in 2008. What are Republicans doing to woo them back? Attack them, of course.
Republican Budget Chair Paul Ryan’s budget plan – approved by almost every House Republican and enthusiastically endorsed by Mitt Romney – allows rates on student loans to double on July 1 – from 3.4 percent to 6.8 percent. That will add an average of $1,000 a year to student debt loads, which already exceed credit-card debt.
House Republicans say America can’t afford the $6 billion a year it would require to keep student loan rates down to where they are now. But that same Republican plan gives wealthy Americans trillions of dollars in tax cuts over the next decade. (Under mounting political pressure, House Republicans have come up with just enough money to keep the loan program going for another year – safely past Election Day – by raiding a fund established for preventive care in the new health-care act.)
Here again, Romney is trying to tiptoe away from the GOP position. He now says he supports keeping student loans where they were. Yet only a few months ago he argued that subsidized student loans were bad because they encouraged colleges to raise their tuition.
How can a political party be so dumb as to piss off Hispanics, women, and young people? Because the core of its base is middle-aged white men – and it doesn’t seem to know how to satisfy its base without at the same time turning off everyone who’s not white, male, and middle-aged.
By: Robert Reich, Robert Reich Blog, April 26, 2012
“Block The Vote”: The Republican War On Voter Registration
Republican state legislatures aren’t only trying to prevent voting at the polling place, they are also stopping people from becoming registered voters in the first place. These same laws that require voters to present state issued photo identification at the polling both—nominally aimed at preventing voter fraud—also sometimes contain provisions that are placing onerous requirements and stringent limitations on third party voter registration efforts.
The targets are national and statewide organizations that use volunteers or paid staffers to canvass underrepresented communities to register new voters. Often these voters are young, poor or non-white and thus lean Democratic. A study by the Brennan Center for Justice found, “54 million eligible Americans are not registered to vote. More than 25% of the voting-age citizen population is not registered to vote. Among minority groups, this percentage is even higher— more than 30% for African Americans and more than 40% for Hispanics.” Registration drives typically focuse their efforts on these historically disenfranchised populations, as well as elderly and disabled voters who may have trouble reaching a government office to register. Perversely, as the Brennan Center notes, “Instead of praising civic groups who register voters for their contribution to democracy, many states have cracked down on those groups.”
The excuse is that they wish to prevent fraudulent voter registrations from being submitted. But the result, if these rules are enforced, is that far fewer voters are registered.
In Florida, the New York Times reported on Tuesday, the law has been quite successful:
Florida, which is expected to be a vital swing state once again in this year’s presidential election, is enrolling fewer new voters than it did four years ago as prominent civic organizations have suspended registration drives because of what they describe as onerous restrictions imposed last year by Republican state officials.
The state’s new elections law—which requires groups that register voters to turn in completed forms within 48 hours or risk fines, among other things—has led the state’s League of Women Voters to halt its efforts this year. Rock the Vote, a national organization that encourages young people to vote, began an effort last week to register high school students around the nation—but not in Florida, over fears that teachers could face fines. And on college campuses, the once-ubiquitous folding tables piled high with voter registration forms are now a rarer sight.
The election of 2000 demonstrated how just a few hundred votes in Florida could determine who wins the presidency. Florida’s voter registration law is, of course, facing legal challenges. If the law remains in place, though, it could depress turnout by far more than a few hundred votes.
By: Ben Adler, The Nation, March 29, 2012
“Denied The Right To Vote”: Texas Had ‘Fewer Than Five’ Voter Impersonation Cases Over Three Years
Earlier this month, the U.S. Department of Justice blocked a new Texas state law that would institute strict photo identification requirements for all citizens trying to vote. The DOJ refused to grant the law pre-clearance under the Voting Rights Act, noting that the bill would unfairly disenfranchise Hispanic voters.
Supporters of the bill say the law is needed to prevent voter impersonation. Gov. Rick Perry (R-TX) argued:
Texas has a responsibility to ensure elections are fair, beyond reproach and accurately reflect the will of voters. The DOJ has no valid reason for rejecting this important law, which requires nothing more extensive than the type of photo identification necessary to receive a library card or board an airplane. Their denial is yet another example of the Obama administration’s continuing and pervasive federal overreach.
How big has the problem been? According to the San Antonio Express-News:
Fewer than five “illegal voting” complaints involving voter impersonations were filed with the Texas Attorney General’s Office from the 2008 and 2010 general elections in which more than 13 million voters participated.
The Texas attorney general’s office did not give the outcome of the four illegal voting complaints that were filed. Only one remains pending, according to agency records.
And as ThinkProgress Justice previously reported, more people than that have been denied their right to vote due to these sorts of strict voter ID laws.
Though Perry has claimed Texas has endured “multiple cases” of voter fraud, even of the paltry 20 election law violation allegations the state’s attorney general handled in the 2008 and 2010 elections, most related to mail-in ballot or campaign finance violations, electioneering too close to a polling place, and a voter blocked by an election worker.
It is unclear how many Texans attempt to illegally check out library books while impersonating neighbors or dead people, each year. But in a state of more than 25 million people, the odds of being even accused of voter impersonation in the Lone Star State are less than one in 6,250,000.
By: Josh Israel, Think Progress, March 26, 2012
“Discriminatory Election Laws”: The GOP Assault On The Voting Rights Act
Last week the Department of Justice denied preclearance to Texas’s law requiring voters to present photo identification under Section 5 of the Voting Rights Act. Section 5 requires states and jurisdictions with a demonstrated history of passing discriminatory election laws to get approval from the DOJ for any change to laws governing the time, place or manner in which an election is conducted.
Within days Texas filed a challenge in federal court arguing that Section 5 is unconstitutional. Texas Attorney General Greg Abbott maintains that the federal government exceeded its authority and violated the Tenth Amendment when it passed the measure.
Conservative opponents of civil rights are eager to see that challenge succeed. Writing in National Review—which opposed the civil rights movement—vice chairman of the US Commission on Civil Rights and conservative scholar Abigail Thernstrom argues that Section 5 is outdated. National Review’s evolution on the subject is the standard conservative slither on civil rights. First you oppose it. Then, when society has evolved and you look like a bigot, you accept it. Then, as soon as humanly possible, you argue it was necessary at the time but no longer is.
“The Voting Rights Act was absolutely essential in ending the brutal regime of racial subjugation in the South, but it has become a period piece—anti-discrimination legislation passed at a time when southern blacks were kept from the polls by violence, intimidation, and fraudulent literacy tests,” writes Thernstrom. “Those disfranchising devices are as unlikely to return as segregated water fountains.” Thernstrom focuses most of her argument on the question of redistricting, and she argues that increasing residential integration and ethnic and socioeconomic diversity within minority communities makes the creation of majority-minority districts either unnecessary or impossible. “The notion of a ‘black community’ as the foundation of a black legislative district is also becoming an anachronism.”
There are two separate arguments being advanced by civil rights opponents: that Section 5 is unconstitutional because it falls outside the federal government’s enumerated powers, and that it is bad policy. Both are bogus. Section 5 is clearly constitutional, and we very much need it to protect the right to vote.
When Texas votes for seats in the House and Senate or the presidency, the results affect every American. Thus it is in the national interest to insure that elections are conducted fairly. “Not having discrimination in the electoral process is important to all of us,” says Hilary Shelton, director of the NAACP’s Washington Bureau.
Congress has the authority to regulate national elections, and it has the power under the Fourteenth and Fifteenth Amendments to the Constitution to protect the rights of African-Americans from state governments. “Congress has broad authority to regulate procedures for federal elections under Article I, Section IV of the Constitution,” notes Daniel Tokaji, an election law expert at Ohio State University. “Because Texas ID requirement would apply to federal elections, we don’t even need to get into the question of whether Section 5 falls within Congress’s Fourteenth and Fifteenth Amendment power.” While Tokaji agrees that imposing federal power over redistricting may raise some constitutional questions, the Texas complaint maintains that the federal government has no business telling states not to disenfranchise their citizens.
Moreover, contra Thernstrom, southern blacks are indeed being kept from the polls today. Case in point: the Texas voter ID law itself. Blacks and Latinos in Texas are disproportionately likely not to have driver’s licenses other forms of state-issued photo identification, as are poor people and the disabled. As the DOJ noted in making its decision, “According to [Texas’s] own data, a Hispanic registered voter is at least 46.5 percent, and potentially 120.0 percent, more likely than a non-Hispanic registered voter to lack this identification.” Texas did not collect data for African-Americans. But national studies have shown they too are less likely than whites to have the requisite ID. The DOJ has also recently denied preclearance to a similar law in South Carolina for the same reason. (South Carolina is also suing the DOJ, but they are not claiming that the law is unconstitutional, only that it is being incorrectly applied.)
This is not an isolated incident. Every time the VRA is renewed, Congress documents that it is still needed by examining allegations of vote suppression. “[Section 5] has stopped laws from going into effect that would restrict minority participation,” says Nancy Abudu, senior staff counsel at the American Civil Liberties Union. The most recent renewal was in 2006, when Republicans controlled both Houses of Congress and the White House, so it can hardly be characterized as a Democratic power grab. “[In 2006] Congress did a very good job of collecting the evidence of why Section 5 remains necessary,” says Abudu.
“The only places covered by Section 5 have a history of discrimination,” explains Shelton. “Every state under Section 5 was reviewed carefully for its record and complaints. [Opponents] are right: it is an extraordinary measure to take that is inconsistent with states’ rights. But these are states that have proven bad behavior. The law is protecting the participation of all eligible Americans.”
By: Ben Adler, The Nation, March 21, 2012
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