“Yes, Mess With Texas”: To Ensure Fairness At The Polls, Southern States Still Require Scrutiny
Pro-tip: When you win a big court case giving you the go-ahead to suppress voter turnout for your political opponents, don’t gloat about it.
That is surely one of the lessons in the remarkable news that the U.S. Department of Justice is challenging new voting-rights laws in Texas and elsewhere even after the Supreme Court ruling that eviscerated the part of the Voting Rights Act that the feds had relied on for decades to challenge voting restrictions. What made the ruling especially galling was the celebration that followed from Republicans in states, including Texas, who immediately vowed to proceed with voting restrictions that had been challenged under the now-undermined part of the VRA.
The alacrity with which Texas, North Carolina and other states have rushed to take advantage of the ruling seriously weakened the sober conservative argument, from Chief Justice John Roberts and others, that Southern states no longer needed to be singled out for special scrutiny because they had long since left their discriminatory ways behind. And it all but invited Attorney General Eric Holder to take this new step, to announce that his department would still do everything in its power to ensure fairness at the polls.
This will of course be decried as executive overreach and an assault on checks and balances, but the case for declaring it such would be much easier to make if Texas and other states hadn’t been so gleeful in their rush to capitalize on the ruling. Texas takes the cake for the speed of its response, but North Carolina surely takes the prize for sheer brazenness: The legislation making its way through Raleigh is so extreme that it earned even a tut-tut from arch-conservative Wall Street Journal columnist Stephen Moore. The legislation will not only add a strict Voter ID requirement by the polls, but reduce early voting days from 17 to 10 (early voting has been used disproportionately by African-Americans in the state), prohibit counties from extending polling hours in extraordinary circumstances, like unusually long lines, and eliminate provisional ballots for voters who show up at the wrong precinct, among other changes. A separate bill seeks to give a tax penalty to parents whose dependent children register to vote somewhere in the state other than where the parents reside, a nifty way to discourage voting by college students.
What impact would the changes have? My colleague Nate Cohn, who has generally warned against over-reaction on voter suppression measures, ran the numbers and found that the Voter ID provision alone could swing enough votes to win the state for Republicans in a close statewide election—and that’s not accounting for the early voting cutbacks and other changes. The New York Times has declared North Carolina “first in voter suppression,” a judgment quoted approvingly by election-law expert Rick Hasen, also not one prone to overstatement.
Holder is now, essentially, using the giddy brazenness of the voting-restriction push in these states to justify federal challenges even in the wake of the Supreme Court ruling. Under the “pre-clearance” provision in Sections 4 and 5 of the Voting Rights Act that was eviscerated by the ruling, a whole swath of states and municipalities, mostly in the South, had to submit voting law changes to the feds for approval as a matter of course. Holder is now threatening to use a different part of the Voting Rights Act, Section 3, which allows the federal government to demand pre-clearance rights by “bail-in.” As the Times puts it, if “the department can show that given jurisdictions have committed constitutional violations, federal courts may impose federal oversight on those places in a piecemeal fashion.” In other words, if the states’ recent track record on voting rights is sufficiently egregious, they may still need federal approval.
That is not to say, though, that the Supreme Court ruling was not enormously consequential. It will be much harder for the federal government to press its case by the Section 3 route. And whether the DOJ decides to make the effort to move against states will depend even more on which party holds the White House. As South Carolina Governor Nikki Haley boasted when I saw her on the stump in Greenville with Mitt Romney in early 2012, whereas the Obama administration had challenged her state’s stringent new Voter ID law, “President Romney [will say] that’s our right.”
By: Alec MacGillis, Senior Editor, The New Republic, July 26, 2013
“You Expect Me To Read The Bill?: NC Governor Admits He “Doesn’t Know Enough” About The Voter Suppression Bill He’s About To Sign
North Carolina Gov. Pat McCrory (R) said Friday he would sign a bill passed by the North Carolina legislature that would become the most suppressive voting law in the nation. But when asked to speak about a provision in the bill that would prohibit 17-year-olds from registering in advance of their 18th birthday, McCrory admitted he “did not know enough” and had not read that portion of the bill.
The bill, passed just weeks after the U.S. Supreme Court gutted the Voting Rights Act and paved the way for new suppressive state laws, imposes a laundry list of new restrictions on access to the ballot, including eliminating same-day registration, cutting early voting, easing campaign contribution limits, and expanding the mechanisms for alleging voter fraud. In remarks saying he would sign the bill, McCrory focused on his support for the bill’s voter ID requirement — a particularly suppressive and discriminatory policy that McCrory has long supported. But when asked by an Associated Press reporter about another provision in the bill to limit new voter registration opportunities, McCrory said, “I don’t know enough. I’m sorry. I haven’t read that portion of the bill.”
McCrory also dodged questions about two other elements of the bill that restrict early voting and end same-day registration, choosing instead to tout new campaign contribution limits, and pointing to an amendment — added by Democrats — that would expand early voting hours to make up for the limited early voting days.
When a reporter repeated the original question, McCrory said same-day registration concerns him because of the “possibility for abuse.” He added: “There’s plenty of opportunity for voter registration — online, off-line, through many methods. I thought that was a fair system before, and I think it’s a fair system now.” The Associated Press pointed out that North Carolina has no online voter registration, although voters can download a form online and print it out
In the wake of the U.S. Supreme Court’s June decision that effectively disables federal oversight of states with a history of voting discrimination, states have raced to pass new restrictive voting laws. On Thursday, Attorney General Eric Holder said he would challenge a voter ID law in Texas under another provision of the VRA not affected by the Supreme Court’s ruling. Holder hinted he would pursue similar actions against other states with restrictive laws, saying, “This is the department’s first action to protect voting rights [after the Supreme Court’s ruling]. … But it will not be our last.”
By: Nicole Flatow, Think Progress, July 28, 2013
“More Money, Less Voting”: North Carolina Passes The Country’s Worst Voter Suppression Law
I’ve been in Texas this week researching the history of the Voting Rights Act at the LBJ Library. As I’ve been studying how the landmark civil rights law transformed American democracy, I’ve also been closely following how Republicans in North Carolina—parts of which were originally covered by the VRA in 1965—have made a mockery of the law and its prohibition on voting discrimination.
Late last night, the North Carolina legislature passed the country’s worst voter suppression law after only three days of debate. Rick Hasen of Election Law Blog called it “the most sweeping anti-voter law in at least decades” The bill mandates strict voter ID to cast a ballot (no student IDs, no public employee IDs, etc.), even though 318,000 registered voters lack the narrow forms of acceptable ID according to the state’s own numbers and there have been no recorded prosecutions of voter impersonation in the past decade. The bill cuts the number of early voting days by a week, even though 56 percent of North Carolinians voted early in 2012. The bill eliminates same-day voter registration during the early voting period, even though 96,000 people used it during the general election in 2012 and states that have adopted the convenient reform have the highest voter turnout in the country. African-Americans are 23 percent of registered voters in the state, but made up 28 percent of early voters in 2012, 33 percent of those who used same-day registration and 34 percent of those without state-issued ID.
And that’s just the start of it. In short, the bill eliminates practically everything that encourages people to vote in North Carolina, replaced by unnecessary and burdensome new restrictions. At the same time, the bill expands the influence of unregulated corporate influence in state elections. Just what our democracy needs—more money and less voting!
“I want you to understand what this bill means to people,” said Representative Mickey Michaux (D-Durham), the longest-serving member of the North Carolina House and a veteran of the civil rights movement who grew up in the Jim Crow South. “We have fought for, died for and struggled for our right to vote. You can take these 57 pages of abomination and confine them to the streets of Hell for all eternity.”
Here are the details of everything bad about the ball, via North Carolina Policy Watch. It’s a very long list:
The end of pre-registration for 16 & 17 year olds
A ban on paid voter registration drives
Elimination of same day voter registration
A provision allowing voters to be challenged by any registered voter of the county in which they vote rather than just their precinct
A week sliced off Early Voting
Elimination of straight party ticket voting
A provision making the state’s presidential primary date a function of the primary date in South Carolina
A provision calling for a study (rather than a mandate) of electronic candidate filing
An increase in the maximum campaign contribution to $5,000 (the limit will continue to increase every two years with the Consumer Price Index from the Bureau of Labor Statistics)
A provision weakening disclosure requirements for ”independent expenditure” committees
Authorization of vigilante poll observers, lots of them, with expanded range of interference
An expansion of the scope of who may examine registration records and challenge voters
A repeal of out-of-precinct voting
A repeal of the current mandate for high-school registration drives
Elimination of flexibility in opening early voting sites at different hours within a county
A provision making it more difficult to add satellite polling sites for the elderly or voters with disabilities
New limits on who can assist a voter adjudicated to be incompetent by court
The repeal of three public financing programs
The repeal of disclosure requirements under “candidate specific communications.”
“We will see long lines, many citizens turned away and not allowed to vote, more provisional ballots cast but many fewer counting, vigilante observers at the polling place and all disproportionately impacting black voters,” says Anita Earls, executive director of the Durham-based Southern Coalition for Social Justice and a former deputy assistant attorney general for civil rights in the Clinton administration. “This new law revives everything we have fought against for the past ten years and eliminates everything we fought for.”
The legislation should be a wake-up call for Congress to get serious about resurrecting the Voting Rights Act and passing federal election reform. Six Southern states have passed or implemented new voting restrictions since the Supreme Court’s decision last month invalidating Section 4 of the VRA, which will go down in history as one of the worst rulings in the past century. Voting rights groups (and perhaps the federal government) will soon challenge at least some of the new restrictions through a preliminary injunction, others sections of the VRA, or the state constitution. But if Section 5 of the VRA was still operable, North Carolina would have to clear all of these changes with the federal government and prove they are not discriminatory—practically herculean task given the facts. The new law would’ve been blocked or tempered as a result. Instead, the North Carolina legislature interpreted the Court’s decision as a green light for voter suppression, which it was, and made the bill as draconian as possible.
Move aside Florida, North Carolina is now the new poster child for voter suppression. The Moral Monday movement in the state is now more important than ever. Maybe someday we’ll look back at this period as the turning point when the nation realized just how important the Voting Rights Act was and is.
By: Ari Berman, The Nation, July 26, 2013
“Carving Up the Country”: An Incontrovertible Fact, As We Drift Back Towards Bifurcation
Our 50 states seem to be united in name only.
In fact, we seem to be increasingly becoming two countries under one flag: Liberal Land — coastal, urban and multicultural — separated by Conservative Country — Southern and Western, rural and racially homogeneous. (Other parts of the country are a bit of a mixed bag.)
This has led to incredible and disturbing concentrations of power.
As The New York Times reported after the election in November, more than two-thirds of the states are now under single-party control, meaning that one party has control of the governor’s office and has majorities in both legislative chambers.
This is the highest level of such control since 1952. And Republicans have single-party control in nearly twice as many states as Democrats.
This is having very real consequences on the ground, nowhere more clearly than on the subjects of voting rights and women’s reproductive rights.
Almost all jurisdictions covered by Section 5 of the Voting Rights Act of 1965 — the section that requires federal approval for any change in voting procedures and that the Supreme Court effectively voided last month — are in Republican-controlled states.
So, many of those states have wasted no time following the court ruling to institute efforts to suppress the vote in the next election and beyond.
Within two hours of the Supreme Court ruling, Texas announced that a voter identification law that the Department of Justice had blocked for two years because “Hispanic registered voters are more than twice as likely as non-Hispanic registered voters to lack such identification” would go into effect, along with a redistricting map passed in 2011 but blocked by a federal court.
The department is trying to prevent those actions in Texas, but it’s unclear whether the state or the feds will prevail.
Alabama, Mississippi and South Carolina have also moved forward with voter ID bills that had already passed but were being held up by the Justice Department. (Virginia has passed a bill that’s scheduled to go into effect next year.)
And on Wednesday, a federal court gave Florida the go-ahead to resume its controversial voter purge by dismissing a case filed against the state that had been rendered moot by the Supreme Court decision.
Justice Ruth Bader Ginsburg is not surprised by this flurry. She voted with the minority on the Voting Rights Act case, and she wrote in a strongly worded dissent: “The sad irony of today’s decision lies in its utter failure to grasp why the VRA has proved effective. The Court appears to believe that the VRA’s success in eliminating the specific devices extant in 1965 means that preclearance is no longer needed.”
She continued, “With that belief, and the argument derived from it, history repeats itself.”
History does appear to be doing just that. In an interview this week with The Associated Press, Ginsburg reiterated her displeasure with the court’s decision and her lack of surprise at what it has wrought, saying, “And one really could have predicted what was going to happen.” She added, “I didn’t want to be right, but sadly I am.”
While Republicans may claim that voter ID laws are about the sanctity of the vote, Republican power brokers know they’re about much more: suppressing the votes of people likely to vote Democratic.
Last week Rob Gleason, the Pennsylvania Republican Party chairman, discussed the effects of his state’s voter ID laws on last year’s presidential election, acknowledging to the Pennsylvania Cable Network: “We probably had a better election. Think about this: we cut Obama by 5 percent, which was big. A lot of people lost sight of that. He won — he beat McCain by 10 percent; he only beat Romney by 5 percent. I think that probably voter ID helped a bit in that.”
And on women’s reproductive rights, as the Guttmacher Institute reported earlier this month, “In the first six months of 2013, states enacted 106 provisions related to reproductive health and rights.” The report continued, “Although initial momentum behind banning abortion early in pregnancy appears to have waned, states nonetheless adopted 43 restrictions on access to abortion, the second-highest number ever at the midyear mark and is as many as were enacted in all of 2012.”
A substantial majority of the new restrictive measures — which include bans on abortion outside incredibly restrictive time frames (at six weeks after the woman’s last period in North Dakota), burdensome regulations on abortion clinics and providers, and forced ultrasounds — were enacted in states with Republican-controlled legislatures.
These are just two issues among many in which the cleaving of this country is becoming an incontrovertible fact, as we drift back toward bifurcation.
By: Charles M. Blow, Op-Ed Columnist, The New York Times, July 26, 2013
“A Frightening Step Backwards”: What “Conservatives Gone Wild” Looks Like In North Carolina
Guest host Ezra Klein noted on the show last night that some key legislative fights were “down to the wire” in North Carolina, as the state legislative session neared its adjournment. After the show aired, there were some important developments, so let’s take a moment to recap — and explain why this matters in the larger context.
First up are the most sweeping voter-suppression efforts seen anywhere in the United States in generations, which, much to the disappointment of voting-rights advocates, garnered the support of literally every member of the Republican majority in both chambers, who voted to keep more North Carolinians from being able to participate in their own democracy.
As lawmakers rushed to adjourn for the summer, lawmakers gave final approval Thursday to drastic changes in how voting will be conducted in future elections in North Carolina.
After more than two-and-a-half hours of debate, the House voted 73-41 on party lines late Thursday to agree with dozens of changes made by Senate Republicans to a bill that originally simply required voters to show photo identification at the polls. It was approved by the Senate earlier Thursday, 33-14, also on party lines.
As we’ve discussed, the proposal is remarkable in its scope, including a needlessly discriminatory voter-ID provision, new limits on early voting, blocks on voter-registration drive, restrictions on extended voting times to ease long lines, an end to same-day registration, new efforts to discourage youth voting, and expanded opportunities for “vigilante poll-watchers to challenge eligible voters.”
How many North Carolina Republican lawmakers supported these suppression tactics for no apparent reason? Each and every one of them.
State Rep. Mickey Michaux (D-N.C.), who fought for voting rights in the 1960s, told the GOP majority, “I want you to understand what this bill means to people. We have fought for, died for and struggled for our right to vote. You can take these 57 pages of abomination and confine them to the streets of hell for all eternity.”
And then, of course, there are the new limits on reproductive rights.
Late last night, they were approved, too.
The state Senate has given final legislative approval to a bill that imposes new regulations and restrictions on abortion providers.
Senators voted 32-13 Thursday evening, sending the measure to Gov. Pat McCrory, a Republican who has said he will sign the measure as it was passed.
For his part, the Republican governor, just six months into his first term, promised voters as a candidate last year that he would oppose any new restrictions on women’s reproductive rights in the state. Now, however, McCrory is prepared to sign this bill anyway — his public vow apparently came with fine print that voters might have missed
The result is a new regulatory measure, known as a TRAP law, that will likely close 15 of the 16 clinics where abortion services are provided.
Let’s also not lose sight of the context for this radicalism. For the first time since the Reconstruction era, Republicans control the state House, state Senate, and governor’s office, and as we recently talked about, GOP officials had an opportunity to govern modestly and responsibly, making incremental changes with an eye on the political mainstream.
What the state has instead seen is what Rachel described as “conservatives gone wild.” North Carolina Republicans gutted unemployment benefits despite a weak economy; they imposed the most sweeping voting restrictions anywhere in the United States; they cut funding for struggling public schools; they blocked Medicaid expansion despite the toll it will take on the state hospitals and poor families, they repealed the Racial Justice Act; and then they closed nearly every women’s health clinic in the state.
And really, that’s just a partial list.
It’s a microcosm of a national political crisis of sorts — North Carolina, a competitive state perceived as a burgeoning powerhouse with some of the nation’s finest universities, became frustrated with a struggling economy, so it took a chance on Republican rule. The consequences of this gamble are proving to be a frightening step backward for the state.
By: Steve Benen, The Maddow Blog, July 26, 2013
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