“Just Secede Already!”: Texas Asks Court To Nuke The Voting Rights Act, Forever
When the Supreme Court dismantled a key provision of the Voting Rights Act last June, there were two small silver linings in this decision. The first was the possibility that Congress could revive the regime killed by the Court, where states with particularly poor records of racialized voter suppression must “preclear” their voting practices with the Justice Department or a federal court before those practices can take effect. The second potential silver lining is Section 3 of the Voting Rights Act, which allows a state to be brought back under the preclearance requirement if a court finds that it engaged in “violations of the fourteenth or fifteenth amendment justifying equitable relief.”
Now, however, Texas wants to destroy these two silver linings as well. And there is a fair chance that the conservative Supreme Court will allow them to do so.
Late last month, the Justice Department joined a Section 3 lawsuit claiming that federal supervision of Texas’ election practices should be reinstated in light of very recent examples of intentional race discrimination by Texas. Among other things, a federal court found that Texas “consciously replaced many of [a] district’s active Hispanic voters with low-turnout Hispanic voters in an effort to strengthen the voting power of [the district’s] Anglo citizens.” These, the Justice Department explained, were “violations of the fourteenth or fifteenth amendment” justifying federal supervision.
Texas’ response to the Justice Department does not simply reject the idea that it should be subject to preclearance, it calls upon the courts to declare virtually any preclearance regime unconstitutional. According to Texas, the Supreme Court’s decision hobbling the Voting Rights Act “threw out Congress’s reauthorization of a preclearance regime because the legislative record failed to show ‘anything approaching the ‘pervasive,’ ‘flagrant,’ ‘widespread,’ and ‘rampant’ discrimination that faced Congress in 1965, and that clearly distinguished the covered jurisdictions from the rest of the Nation at that time.’” In other words, Texas wants a federal court order saying that any effort to reinstate the Voting Rights Act in Texas is unconstitutional unless Texas transforms into Mississippi at the height of the Jim Crow era.
And they may very well succeed in getting this order. While Texas’ theory cannot be squared with the text of the Fifteenth Amendment — which provides that “[t]he right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude,” and gives Congress “power to enforce this article by appropriate legislation” — it is not that hard to square with the Supreme Court’s recent decision. Chief Justice John Roberts’ opinion does indeed contain language suggesting that only something “approaching the ‘pervasive,’ ‘flagrant,’ ‘widespread,’ and ‘rampant’ discrimination that faced Congress in 1965″ can permit a preclearance regime now. The fact that this language flies in the face of the Constitution is not likely to bother the five conservative justices who already signed onto it once.
As a final act of chutzpah, Texas also claims that it cannot be subject to preclearance because “Hispanic citizens in Texas registered to vote at higher rates” than Hispanics in other states not subject to federal supervision under the Voting Rights Act. That very well be true, but it’s also besides the point. The thrust of the Justice Department’s lawsuit is that Texas intentionally drew its district lines so that white votes would count more and Hispanic votes would count less. In other words, the whole purpose of these lines was to make sure that it didn’t matter if Hispanic voters registered at high rates because their voting power would still be diluted by gerrymandering. It’s like a basketball referee claiming that it doesn’t matter that he’s not counting all the points scored by one team because that team is taking more shots.
By: Ian Millhiser, Think Progress, August 9, 2013
“Welcome To The Post Civil Rights Era”: Gov Rick Scott To Launch New Purge Of Florida Voter Rolls
Gov. Rick Scott will soon launch a new hunt for noncitizens on Florida’s voter roll, a move that’s sure to provoke new cries of a voter “purge” as Scott ramps up his own re-election effort.
Similar searches a year ago were rife with errors, found few ineligible voters and led to lawsuits by advocacy groups that said it disproportionately targeted Hispanics, Haitians and other minority groups. Those searches were handled clumsily and angered county election supervisors, who lost confidence in the state’s list of names.
“It was sloppy, it was slapdash and it was inaccurate,” said Polk County Supervisor of Elections Lori Edwards. “They were sending us names of people to remove because they were born in Puerto Rico. It was disgusting.”
The state’s list of suspected non-U.S. citizens shrank from 182,000 to 2,600 to 198 before election supervisors suspended their searches as the presidential election drew near. “That was embarrassing,” said elections chief Jerry Holland in Jacksonville’s Duval County. “It has to be a better scrub of names than we had before.”
Election supervisors remain wary of a new removal effort, which the U.S. Supreme Court effectively authorized in June when it struck down the heart of the Voting Rights Act. That ruling nullified a federal lawsuit in Tampa that sought to stop new searches for noncitizen voters, and Scott quickly renewed his call for action.
“If there’s anybody that we think isn’t voting properly, from the standpoint that they didn’t have a right to vote, I think we need to do an investigation,” Scott said the day of the high court decision. Last fall, Scott joined the Republican Party in a fundraising appeal that accused Democrats of defending the right of noncitizens to vote.
Scott’s top elections official, Secretary of State Ken Detzner, is now creating a new list of suspected noncitizen voters by cross-checking state voter data with a federal database managed by the Department of Homeland Security.
Detzner’s director of elections, Maria Matthews, sent a letter to election supervisors Friday, promising “responsible measures that ensure due process and the integrity of Florida’s voter rolls” and vowing to include supervisors “in the planning and decision-making.”
Sen. Rene Garcia, R-Hialeah, chairman of the Florida Hispanic Legislative Caucus, said Detzner told him the state would resume its purge of potential noncitizens within 60 days. “I’ve been told that they will go slow,” Garcia said. “I’m completely confident that the process will work.”
Hillsborough County halted its purge last year after several voters on a list of 72 flagged by the state proved their citizenship.
A voter whose citizenship is questioned has the right to provide proof of citizenship in a due-process system that includes certified letters and legal notices.
If the next list is anything like the last one, its burden will fall most heavily on urban counties with large Hispanic populations, notably Miami-Dade.
“Ineligible voters will be removed when their ineligibility is substantiated by credible and reliable data,” said Miami-Dade Elections Supervisor Penelope Townsley.
Townsley and a half-dozen county election supervisors interviewed across the state were emphatic that anyone who is not a U.S. citizen should not be able to cast a ballot. But they also say the state must meticulously document any case of a suspected ineligible voter and share all data with the counties — including access to the federal database known as SAVE.
Some supervisors remain irked that Detzner’s office still has not granted them access to the database after promising to do so last fall.
Okaloosa County election supervisor Paul Lux said the state’s questionable data damaged relations between the state and counties last year.
“We said then, ‘If you can’t give us good data, why should we kill ourselves vetting it?’ ” Lux said.
Relations have improved, but Lux said he’s not hopeful that the SAVE database will be much better.
“If the federal government is as good at collecting data as they are with doing other things, then I’ve got to wonder about the quality of this data,” Lux said. “If we get the information sooner, we can get started and have plenty of time to do our own due diligence.”
Maria Rodriguez, executive director of the Florida Immigrant Coalition, which opposed previous purge efforts, said the state’s motive is to remove poor and minority voters who are less likely to vote Republican.
“For every voter they purge, we will nationalize and register many, many more,” she said.
Voter purges aren’t necessarily a bad thing, said Myrna Pérez, deputy director of the Democracy Program at the Brennan Center for Justice at New York University’s law school.
She said many states require voter-list maintenance efforts to prune the rolls of voters who are no longer eligible or who have died, but purges close to an election should be avoided. “They offer lots of opportunities for eligible voters to get improperly removed because they frequently happen in a rushed, haphazard manner behind closed doors,” Pérez said. “And the data is usually flawed.”
On Twitter, Pasco County’s election supervisor, Brian Corley, said: “Info from FL SOS [Secretary of State] must be credible & reliable! Integrity of voter rolls is paramount!”
By: Steve Bousquet and Michael Van Sickler, The Miami Herald, August 4, 2013
“Shunning People Away”: Kansas Secretary Of State Kris Kobach’s Bold New Plan To Keep People From Voting
Kansas Secretary of State Kris Kobach, who has become a national figure by advising other states on how to implement anti-immigrant and voter suppression measures, has come up with a new creative way to make it harder for Kansans to vote: barring those who register to vote with a federal form from casting ballots in state elections.
Back in June, the Supreme Court struck down an Arizona elections law that required those registering to vote to show proof of citizenship beyond what is required by federal voter registration forms. In Kansas, Kobach has been struggling to deal with the implementation of a similar proof-of-citizenship law, which has left the voting status of at least 12,000 Kansans in limbo.
These voters, many of whom registered with the federal “motor voter” form at the DMV, were supposed to have their citizenship information automatically updated, a process that was delayed by a computer glitch. Kobach then suggested that these 12,000 voters be forced to cast provisional ballots – a suggestion that the state elections board rejected.
Now, the Lawrence Journal-World reports, Kobach has a new idea to deal with the problem that he created. The paper reports that Kobach is considering a plan to circumvent the Supreme Court’s decision in the Arizona case by creating two classes of voters. Under this plan, those who register with a federal form would be allowed to vote only in federal elections until they produced the state-required citizenship documents. Those who meet the state registration requirements would then be allowed to vote in state-level elections.
In Kansas, a new state law requires proof of citizenship to register to vote.
Kobach, a Republican who pushed for that law, said he is considering a proposed rule change that would allow those who use the federal form to register to vote to be allowed to vote in federal elections, such as presidential and congressional contests. The federal voter registration form does not require proof of citizenship documents, but includes a signed sworn statement that the individual is a U.S. citizen.
But those people would not be allowed to vote in state elections, such as contests for governor, other statewide offices and the Legislature.
Those who register to vote by providing proof of citizenship will be able to vote in both federal and state elections under the proposal.
Voting rights advocates in the state are understandably skeptical:
Dolores Furtado, president of the League of Women Voters of Kansas, said she would strongly oppose such a plan.
“It won’t work,” Furtado said. “When we can’t handle registrations, the process of applications and processing registrations, how are we going to separate ballots?” she said. “This is creating a problem. Whenever we make things complex, people shun away.”
When the elections board rejected his provisional ballots plan, Kobach was taken aback, saying that those who register to vote with the motor voter form aren’t likely to vote anyway, so disenfranchising 12,000 of them wasn’t “a major problem.” That seems to be his justification for the two classes of voter plan as well. According to the World-Journal, “Kobach said few Kansans register to vote using the federal form, so it shouldn’t affect too many voters.”
By: Miranda Blue, Right Wing Watch, August 2, 2013
“Fighting Back On Voting Rights”: First The Struggle Will Begin In Texas, Then The NC Omnibus Voter Suppression Act of 2013
Attorney General Eric Holder has opened what will be an epic battle over whether our country will remain committed to equal rights at the ballot box. In a display of egregious judicial activism in late June, the conservative majority on the Supreme Court gutted the Voting Rights Act. Holder made clear last week he intends to fight back.
The struggle will begin in Texas, but it won’t end there. “We cannot allow the slow unraveling of the progress that so many, throughout history, have sacrificed so much to achieve,” Holder told the National Urban League’s annual conference.
He wasn’t exaggerating the stakes. From the moment the Supreme Court threw out Section 4 of the act, which subjected the voting laws in states and jurisdictions with a history of discrimination to Justice Department scrutiny, conservative legislators in those places gleefully signaled their intention to pass laws to make it harder to vote. In addition, Texas re-imposed a redistricting map that a federal court had already ruled was discriminatory.
These hasty moves were unseemly but entirely predictable, proving that Chief Justice John Roberts’ opinion in the case will become a Magna Carta for voter suppression. Without having to worry about “preclearance” from the Justice Department, legislators can go about their business of making it more difficult for voters who would throw them out of office to reach the polls — and of drawing racially gerrymandered districts that prolong their tenure. Justice Ruth Bader Ginsburg understood a logic here that escaped Roberts. “A governing political coalition,” she wrote in her dissent, “has an incentive to prevent changes in the existing balance of voting power.”
This in turn means that when a political party fares badly with minority voters, it will try to turn them away from the polling booths. That’s what segregationist Southern Democrats did in the past. Many Republican-controlled legislatures are doing it now.
Holder announced he was using Section 3, a different part of the Voting Rights Act that was left standing, to ask a federal court to re-subject Texas to preclearance. It is a less efficient way to achieve what the pre-gutted act allowed automatically, but it is the best that can be done for now. It would be better still if Congress reinstated a revised version of Section 4. In the meantime, the hope is to limit the damage of the high court’s folly — and perhaps also give other states pause before they rush into new discriminatory schemes.
“This is the department’s first action to protect voting rights following the [Supreme Court] decision, but it will not be our last,” Holder declared. His department is likely to move this week against the Texas voter-identification law, and to go to court eventually against other states that pass comparable statutes.
To get a sense of how bad these laws are, consider the bill Republicans rushed through both houses of North Carolina’s Legislature that should be called the Omnibus Voter Suppression Act of 2013. It reads like a parody written for Stephen Colbert’s show with its cornucopia of provisions that would make it as hard as possible for African-Americans, Latinos and young people to vote.
As the Charlotte Observer reported, it shortens the early-voting period, eliminates the opportunity to register and vote on the same day during that time, and ends pre-registration for teenagers 16 to 17. The bill also prevents counties from extending voting hours when lines are long — which they will be with the cutback on early voting days. It not only requires photo identification, but also narrows the list of what’s acceptable, eliminating college IDs, for example.
Oh, yes, and remember the old civic tradition of using all avenues to encourage people to register to vote, a favorite cause of that famously revolutionary group, the League of Women Voters? This bill would ban paid voter registration drives.
Throughout the world, our country proclaims its commitment to equal rights and broad democratic participation. We seem to be abandoning those ideals at home. You have to wonder what this will do to our witness on behalf of democracy.
It won’t shock you to learn that after Holder made his announcement, Gov. Rick Perry of Texas condemned the Obama administration for showing an “utter contempt for our country’s system of checks and balances.”
Actually, what Holder’s move shows is an utter contempt for efforts to deprive our fellow Americans of their right to cast a meaningful ballot. It is a contempt that all of us should feel.
By: E. J. Dionne, Jr., Opinion Writer, The Washington Post, July 29, 2013
“You Can’t Gerrymander A Whole State”: The North Carolina GOP’s Extremism May Cost Their Party The U.S. Senate In 2014
Since the GOP took over both North Carolina’s state house and governorship for the first time in more than a century, the state has become a flashpoint, with extremist policies being put into place one after the other, almost as if conservatives were punishing the state for voting for President Obama in 2008.
The right-wing mania seems to have peaked, with abortion laws being injected into any legislation Republicans could get their hands on and the nation’s worst, most blatant voter suppression law.
Republican governor Pat McCrory has said he will sign the new women’s health restrictions — despite a campaign promise not to — and the voting law, though he hasn’t actually read it.
North Carolinians have been gathering every week for Moral Mondays at the state capitol, hoping their protests and the hundreds of resulting arrests will draw attention to the extremism coming out of the quintessential swing state.
But if people aren’t paying attention to North Carolina politics now, they will be, as the battle for the U.S. Senate in 2014 heats up and Democratic senator Kay Hagan defends her seat.
“North Carolina is the closest thing to the tipping point state in the Senate battle,” the New York Times‘ Nate Silver recently wrote.
Silver added, “Although North Carolina is increasingly purple in presidential election years, the coalition of African-Americans and college-aged voters that Democrats depend upon to win races in the state is less likely to turn out for midterm elections.”
And Republicans are well aware of this.
“By all accounts, there is no path to having a Republican majority leader that doesn’t lead through North Carolina,” Thom Tillis, the state House speaker and leading Republican Senate candidate, told the Washington Examiner.
While laws designed to suppress Democratic votes will certainly help Republicans, the controversies invoked by their policies are drawing the attention of the state’s growing unaffiliated voters and the nation.
Some have called North Carolina the “new Wisconsin,” which sounds promising for Republicans who were able to help Governor Scott Walker survive a recall. However, Democrats successfully took back the Senate in those recalls for a brief time, and only lost it again in 2012 due to gerrymandering.
You can’t gerrymander a whole state, and if there is a backlash against the GOP in North Carolina, it could cost Republicans the U.S. Senate.
By: Jason Sattler, The National Memo, July 29, 2013
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