“Voter Outreach Is Hard, Voter Suppression Is Easy”: GOP Policies Putting New Hurdles Between Voters And Their Democracy
Every few years, Republican officials will say they need to do a better job reaching out to minorities, women, and younger voters. In each instance, GOP leaders will give every indication that they’re serious and sincere about it, because they arguably have no choice – Republicans realize their base is much older and whiter than the Democratic base, which creates a long-term demographic nightmare.
But in practice, GOP officials actually do have a choice. They could, in theory, adopt a more mainstream agenda and prioritize diversity, or they could manipulate voting laws, as they did in advance of the 2012 elections, making it easier for candidates to pick the voters they like, rather than allowing voters to pick they candidates they like.
And as it turns out, voter suppression is vastly easier than voter outreach.
Pivotal swing states under Republican control are embracing significant new electoral restrictions on registering and voting that go beyond the voter identification requirements that have caused fierce partisan brawls.
The bills, laws and administrative rules – some of them tried before – shake up fundamental components of state election systems, including the days and times polls are open and the locations where people vote.
The so-called “Republican war on voting” in 2011 and 2012 was unlike anything Americans have seen since the era of Jim Crow, but the results were not what the GOP had hoped for. The policies had some of the intended effects – voting lines in several battleground states were, as designed, ridiculously long – but it didn’t prevent Democrats from making electoral gains.
But this apparently has only encouraged many state Republican policymakers to try harder, as we’ve seen of late in Wisconsin, Ohio, and elsewhere.
In the bigger picture, North Carolina poses an especially interesting case.
As we’ve discussed, the voting restrictions imposed by North Carolina Republicans are arguably the most egregious in the nation. Democratic critics have been quick to point out that the new voter-suppression measures, according to the state’s own numbers, disproportionately affect African-American voters.
It’s led opponents of the policy to argue that the policies have nothing to do with addressing voter fraud – a problem that doesn’t actually exist in reality – and everything to do with identifying likely Democratic voters and putting new hurdles between them and their democracy.
A few months ago, as part of a legal challenge to the new restrictions, voting-rights advocates turned up the heat. Zack Roth reported in January:
North Carolina is asking a federal judge to keep secret Republican state lawmakers’ communications as they pushed through the nation’s most restrictive voting law last summer.
“They are doing everything they can to try to keep us from finding out what they did and how they did it and who was involved,” Rev. William Barber II, the president of the state’s NAACP chapter, which is challenging the law, told reporters Thursday. “It’s time for what was done in the dark to come into the light.”
Barber’s NAACP, backed by the Advancement Project, wants access to the lawmakers’ emails and other internal communications in order to bolster the case that the law’s Republican sponsors knowingly discriminated against racial minorities. In response, the state argued late last week that the communications are protected by legislative privilege.
Last week, as Roth and Adam Serwer reported, the voting-rights proponents scored a partial court victory.
North Carolina lawmakers who backed the state’s restrictive voting law are going to have to cough up emails and other documents related to the law’s passage, a federal judge said Thursday evening. […]
North Carolina had sought to block a demand by the civil rights groups that the state turn over documentation that could shed light on what the legislators were thinking when they passed the law. In an order released Thursday evening, Judge Joi Elizabeth Peake ordered the state to turn over some of the documents sought by the civil rights groups. […]
Thursday’s ruling didn’t give the law’s challengers everything they wanted, though. It said that emails that were shared only between legislators and their staffers might still be subject to legislative privilege, as North Carolina claims.
Watch this space.
By: Steve Benen, The Maddow Blog, March 31, 2014
“Ohio’s War On Voting Intensifies”: The Kind Of Moves Official’s Make When They Want Fewer Voters
In advance of the 2012 elections, Ohio Secretary of State Jon Husted (R) launched an aggressive campaign against early voting, most notably targeting Sunday voting, for reasons he struggled to explain. The efforts ultimately failed, however, when federal appeals courts intervened to protect Ohioans voting rights against Husted’s policy.
Zachary Roth has been keeping a close eye on developments in the Buckeye State, where Husted is apparently picking up where he left off two years ago.
Ohio Secretary of State Jon Husted announced Tuesday he is cutting early voting on Sundays and weekday evenings, dealing another blow to the voting rights effort in the nation’s most pivotal swing state.
Husted’s change would spell doom for a voting method that’s popular among African-Americans in Ohio and elsewhere. Many churches and community groups lead “Souls to the Polls” drives after church on the Sunday before the election.
There’s little doubt that cuts to early voting target blacks disproportionately. In 2008, black voters were 56% of all weekend voters in Cuyahoga County, Ohio’s largest, even though they made up just 28% of the county’s population.
Mike Brickner, a spokesperson for the Ohio American Civil Liberties Union, told msnbc, “By completely eliminating Sundays from the early voting schedule, Secretary Husted has effectively quashed successful Souls to the Polls programs that brought voters directly from church to early voting sites.”
In the larger context, it’s worth keeping two angles in mind. First, there’s simply no reason to impose these new voting restrictions on Ohio. Second, this is only part of an even broader campaign against voting rights launched by Republican officials in the state.
On the former, those who support voting restrictions usually argue the measures are necessary to prevent “voter fraud.” The argument is a rather transparent fig leaf – the fraud scourge is generally limited to the imaginations of conservative activists – but that’s their story and they’re sticking to it.
But going after early voting is something else entirely because it has nothing to do with the fear of fraud. If an Ohioan can legally cast a ballot, it shouldn’t matter whether he or she votes on Election Day Tuesday or the Sunday before. The only reason to close the early-voting window is to discourage participation – it’s the kind of move an official makes if he or she wants fewer voters.
As for the larger “war on voting,” Ohio Republicans have kept their foot on the gas. Just last week, GOP policymakers in the state ended the so-called “Golden Week,” when Ohioans can register and vote on the same day, while at the same time, making it harder for voters to receive absentee ballots.
As we discussed last week, Ohio’s recent voting history matters. A decade ago, during the 2004 elections, the state struggled badly with long voting lines, so state policymakers decided to make things better. And in 2008, Ohio’s voting system worked quite well and voters enjoyed a much smoother process.
So smooth, in fact, that Ohio Republicans have worked in recent years to reverse the progress.
A month ago, President Obama’s non-partisan commission on voting issued a detailed report, urging state and local election officials to make it easier for Americans to access their own democracy.
Perhaps Ohio Republicans missed the message?
By: Steve Benen, the Maddow Blog, February 26, 2014
“We Have To Do Better”: We Can’t Just Play Defense On Voting Access, It’s Time To Make Voting Easier
When I think of the 2012 Obama campaign, I am proud of so many things we accomplished. But one thing I wasn’t totally satisfied with was voter turnout.
It’s not that we didn’t meet our goals—we actually surpassed them, especially in key states. The numbers were stark: We won nine of the ten battleground states, registered 1.8 million new voters, and built a grassroots army of more than 2 million volunteers who made 146 million calls and door knocks over the course of the electoral cycle. Yet the really telling stats are the ones no one is discussing—specifically who failed to cast his or her vote in either this past election or any election in the last decade.
In 2012, 60 percent of eligible voters (129 million American citizens) headed to the polling booth, including the largest number of voters ever among African-Americans, Latinos, and Asian-Americans, and large numbers of women and young people—many of whom voted for the first time ever. But when 40 percent (86 million American citizen adults) are not voting, the simple fact is our society—and democracy writ large—suffers.
The fundamental problem is that the way we exercise our right to vote remains trapped in the 19th century. Some election officials still use unwieldy reams of paper to check off voters, voting machines vary from precinct to precinct and frequently break, and voters are driving to city hall or the public library to get their voter registration forms in many states.
What’s more, it’s costing Americans to participate in the process both in terms of the time and effort they must invest in order to register and vote—and in taxpayer dollars. In Oregon, where voter turnout is remarkably high in comparison with the rest of the nation, the state spends $4.11 to process each voter registration form. Meanwhile in Canada, the average cost is less than thirty-five cents.
At the same time, lines to cast a ballot have been getting longer and longer, especially in urban and minority communities. Analytical studies of the 2012 election show the problem extends far beyond the anecdotal evidence of Florida early voters waiting for hours to enter the polling booth. In fact, MIT scholar Charles Stewart III found that while two-thirds of American voters waited less than ten minutes to vote, voters in low-income neighborhoods with high percentages of minorities often waited more than an hour. On average, African American voters across the country waited two times as long to vote as whites. Similarly, Hispanic voters waited a third longer than white voters.
The good news is the same innovative spirit and technological savvy that is making so many aspects of our lives easier—from travelling paper-free, to banking from home, to tracking on our smartphones how miles we’ve run or how many calories we’ve consumed—can also fix the problems with the way we vote. Digital technology and big data systems are continuing to change the world in which we live by helping us track massive amounts of data, protect against fraud, and democratize things that used to be the sole property of the elite and well-connected. It makes sense that those tools can help lead us to a more just and effective voting system as well.
The solutions already exist, and the policies are simply waiting to be adopted and enacted. In particular, by expanding online and automated voter registration, permitting no-excuse vote-by-mail, extending early voting, and implementing portable and Election Day registration, we can finally bring our voting system into the 21st century
If we do all these things we will not only improve democracy in America—we will save significant taxpayer dollars in the process.
One state leading the way on making voting both easier and more accessible is Colorado. In May, Governor John Hickenlooper signed a sweeping measure passed by both houses of the legislature that not only requires ballots be mailed to every single registered voter in Colorado but also permits registration through Election Day. Among the provisions included are a longer early voting period, a shorter time required for state residency to qualify to vote, and the ability to vote at any precinct within the voter’s county. What’s more, the law leaves it up to voters how they choose to cast their ballots during early vote or on Election Day—by mail, by dropping off the ballot, or in-person if that’s their preference.
We’re also seeing results in places like Washington State, which is a great case study on the benefits of expanding online and automated voter registration. Thanks to automated opt-in voter registration in the state’s Department of Licensing (DOL) offices, Washington saw cost savings amounting to $126,000 in 2008 alone, according to studies conducted by the Brennan Center. In addition, voters saved more than $90,000 in postage that would have been required to mail in their registration forms. It’s no wonder that Washington’s system has been popular with both the state and voters. In 2004, 15 percent of total registrations were completed at DOLs. By 2009, just a year after the state fully adopted and implemented online and automated registration, that number had jumped to 70 percent of total registrations.
While online and automated registration are key to easing the process for new voters, we know that increasing overall electoral participation can only happen if we improve the accessibility and convenience of voting, particularly for low-income and minority communities. That’s where policies that permit vote-by-mail and expand early voting come into play.
Oregon, Colorado, and Washington have already shown us what vote-by-mail can do for turnout. Oregon and Washington have instituted universal vote-by-mail, and both states have experienced voter participation rates that are significantly higher than the national average. Similarly, Colorado instituted the vote-by-mail option in 1992, and as awareness and education for this option increased, so has turnout. In 2012, Colorado had 70 percent turnout—and fully 82 percent of those voters cast their ballots before Election Day.
Instituting in-person early voting is another important piece that will help make it easier to vote, but this approach must go hand-in-hand with increasing early voting administrative resources and hours. In most states, early voting hours coincide with business hours and are shorter than Election Day hours. There are typically far fewer voting locations than on Election Day, and they are staffed with fewer poll workers and fewer machines. As a result, early voters have no choice but to travel greater distances to vote, and the expanded opportunity can be offset by the inconvenience.
One state that showcases how early voting can work well is Nevada. In 2008, 67 percent of Nevada voters voted early and 90 percent of Nevada early voters lived within 2.5 miles of an early vote site, further demonstrating the correlation between voting convenience and turnout. In 2012, Nevada offered two full weeks of early voting prior to Election Day with both permanent and mobile locations. Instead of the typical handful of staffers, mobile locations were run by teams of 10-12 election workers—and these locations changed sites every few days to ease the geographic burden on would-be voters. It’s not surprising then that in 2012, 69 percent of Nevadan voters cast their ballots prior to Election Day.
Finally, a crucial element of fixing our voting system is expanding portable and Election Day registration. Twenty-nine million voting age Americans move each year—that’s approximately one in eight people who would be eligible to vote—and 45 percent of voting age Americans move every five years. Yet most states require voters to re-register when they move to a new address. Portable voter registration would allow voters to keep their registration when they move.
Ten states currently allow voters to register and vote on Election Day: Colorado, Connecticut, Idaho, Iowa, Maine, Minnesota, Montana, New Hampshire, Wisconsin, and Wyoming—and when California’s new law goes into effect it will bring the total to 11. There is no reason why that number should be less than 50.
Fortunately, organizations like Turbovote are working to make this process easier for voters: Their goal is to ensure voters only have to register once in their lifetime. But if we want to modernize our voting system to reflect both our values as a nation and our technological capabilities, we will need to build the political will to do it.
Last November, former Florida Republican Party chair Jim Greer came clean about efforts to suppress the Democratic vote in his home state by reducing early voting hours, saying, “the Republican Party, the strategists, the consultants, they firmly believe that early voting is bad for Republican Party candidates…It’s done for one reason and one reason only…We’ve got to cut down on early voting because early voting is not good for us.”
We heard similar things in Pennsylvania when State House Republican leader Mike Turzai touted passing a law with serious voting restrictions, including “voter ID, which is going to allow Governor Romney to win the state of Pennsylvania.”
And it’s no coincidence that Texas Attorney General and presumed Republican gubernatorial candidate Greg Abbott put that state’s voter ID law into effect just hours after the Supreme Court struck down Section 4 of the Voting Rights Act this past June. What’s clear is the Texas voter ID law is designed to make it easier for certain people to vote and harder for others—under this law, a concealed handgun license is considered acceptable identification for voting while a student ID issued by a Texas university is not. It’s no wonder U.S. Attorney General Eric Holder has already announced plans by the Department of Justice to fight the Texas law and other efforts by states seeking to capitalize on the court’s decision.
In North Carolina, the state’s new Republican governor and Republican state legislature approved a sweeping law last month to reduce early voting, eliminate voter registration during early voting, require voters to obtain photo ID, and impose a tax on parents of students who choose to vote on campus. Like Texas, the North Carolina law further discriminates against students by prohibiting them from using their North Carolina student ID to vote.
What these extreme comments and actions indicate is that we need a “common sense caucus” on voting rights. There are moderate Republicans who believe that elections should be about who has the best ideas—not who can change the laws to make it more difficult for their opponents to vote. We need to lift up those voices.
The ideas outlined above are just common sense solutions—and lawmakers in Washington should be taking action to implement them. Ultimately, driving up voter participation and making it easier to vote will help not only urban voters but provide greater access to the political process for voters in rural communities as well. That’s a goal leaders from both sides of the aisle should be able to support.
But we can’t wait for Washington.
States need to begin passing laws that reform and modernize our voting system—and begin seeing results the likes of those in Colorado, Oregon, Washington, and Nevada. In fact this kind of a decentralized approach—using the states as “laboratories of democracy”—may be the only way to solve the problem
In Silicon Valley, former Obama staffer Jim Green recently started a venture called Technology for America (T4A). This group brings together the best and brightest of Silicon Valley together with mayors and other elected officials of either party who want to solve the big problems of our day. Every Secretary of State in this country should be banging down Jim’s door asking how they can partner with Silicon Valley to come up with smart technology solutions to create a better voting system. If they don’t care or have the audacity to lead on this, we should fire them and vote in better Secretaries of State who do.
In the last election, 60 percent of eligible voters cast ballots, and many of those who did waited in unacceptably long lines to do so. As President Obama said in his acceptance speech on election night, “we have to fix that.”
The facts are clear on this front—we have the technology and the brilliant technologists to help us do just that. The question is whether or not national and state lawmakers have the political will. If not, we need to start electing political leaders who care about our democracy and understand that participation in it is critical to our success.
We made history in 2012—and in 2008—and I was deeply honored to be part of both amazing, transcendent campaigns. But history isn’t enough. We have to do better.
By: Jeremy Bird, the New Republic, November 30, 2013
“The Republican Self-Preservation Act”: Texas Voter ID Law Discriminates Against Women, Students And Minorities
Texas’s new voter ID law got off to a rocky start this week as early voting began for state constitutional amendments. The law was previously blocked as discriminatory by the federal courts under the Voting Rights Act in 2012, until the Supreme Court invalidated Section 4 of the VRA in June. (The Department of Justice has filed suit against the law under Section 2 of the VRA.) Now we are seeing the disastrous ramifications of the Supreme Court’s decision.
Based on Texas’ own data, 600,000 to 800,000 registered voters don’t have the government-issued ID needed to cast a ballot, with Hispanics 46 to 120 percent more likely than whites to lack an ID. But a much larger segment of the electorate, particularly women, will be impacted by the requirement that a voter’s ID be “substantially similar” to their name on the voter registration rolls. According to a 2006 study by the Brennan Center for Justice, a third of all women have citizenship documents that do not match their current legal name.
Just yesterday, this happened (via Rick Hasen), from KiiiTV in South Texas:
“What I have used for voter registration and for identification for the last 52 years was not sufficient yesterday when I went to vote,” 117th District Court Judge Sandra Watts said.
Watts has voted in every election for the last forty-nine years. The name on her driver’s license has remained the same for fifty-two years, and the address on her voter registration card or driver’s license hasn’t changed in more than two decades. So imagine her surprise when she was told by voting officials that she would have to sign a “voters affidavit” affirming she was who she said she was.
“Someone looked at that and said, ‘Well, they’re not the same,’” Watts said.
The difference? On the driver’s license, Judge Watts’s maiden name is her middle name. On her voter registration, it’s her actual middle name. That was enough under the new, more strict voter fraud law, to send up a red flag.
“This is the first time I have ever had a problem voting,” Watts said.
The disproportionate impact of the law on women voters could be a major factor in upcoming Texas elections, especially now that Wendy Davis is running for governor in 2014.
Moreover, the state is doing very little to make sure that voters who don’t have an ID can get one. As I mentioned, 600–800,000 registered voters don’t have an acceptable voter ID, but according to the Dallas Morning News “only 41 of the new cards were issued by DPS [Department of Public Safety] as of last week.”
Getting a valid photo ID in Texas can be far more difficult than one assumes. To obtain one of the government-issued IDs now needed to vote, voters must first pay for underlying documents to confirm their identity, the cheapest option being a birth certificate for $22 (otherwise known as a “poll tax”); there are no DMV offices in eighty-one of 254 counties in the state, with some voters needing to travel up to 250 miles to the closest location. Counties with a significant Hispanic population are less likely to have a DMV office, while Hispanic residents in such counties are twice as likely as whites to not have the new voter ID (Hispanics in Texas are also twice as likely as whites to not have a car). “A law that forces poorer citizens to choose between their wages and their franchise unquestionably denies or abridges their right to vote,” a federal court wrote last year when it blocked the law.
Texas has set up mobile voter ID units in twenty counties to help people obtain an ID, but has issued new IDs to only twenty voters at the sites so far.
Supporters of the voter ID law, such as Governor Rick Perry, argue that it’s necessary to stop the rampant menace of voter fraud. But there’s no evidence that voter impersonation fraud is a problem in Texas. According to the comprehensive News21 database, there has been only one successful conviction for voter impersonation—I repeat, only one—since 2000.
Texas has the distinction of being one of the few states that allows you to vote with a concealed weapons permit, but not a student ID. Provisions like these suggest that the law was aimed less at stopping voter fraud and more at stopping the changing demographics of the state. Based on what we’re seeing thus far, the law might better be described as the Republican Self-Preservation Act.
By: Ari Berman, The Nation, October 23, 2013
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