“A Systematic Effort”: Florida’s Former GOP Chair Says The Party Had Meetings About “Keeping Blacks From Voting”
In the debate over new laws meant to curb voter fraud in places like Florida, Democrats always charge that Republicans are trying to suppress the vote of liberal voting blocs like blacks and young people, while Republicans just laugh at such ludicrous and offensive accusations. That is, every Republican except for Florida’s former Republican Party chairman Jim Greer, who, scorned by his party and in deep legal trouble, blew the lid off what he claims was a systemic effort to suppress the black vote. In a 630-page deposition recorded over two days in late May, Greer, who is on trial for corruption charges, unloaded a litany of charges against the “whack-a-do, right-wing crazies” in his party, including the effort to suppress the black vote.
In the deposition, released to the press yesterday, Greer mentioned a December 2009 meeting with party officials. “I was upset because the political consultants and staff were talking about voter suppression and keeping blacks from voting,” he said, according to the Tampa Bay Times. He also said party officials discussed how “minority outreach programs were not fit for the Republican Party,” according to the AP.
The comments, if true (he is facing felony corruption charges and has an interest in scorning his party), would confirm what critics have long suspected. Florida Gov. Rick Scott is currently facing inquiries from the Justice Department and pressure from civil rights groups over his purging of voter rolls in the state, an effort that critics say has disproportionately targeted minorities and other Democratic voters. One group suing the state claims up to 87 percent of the voters purged from the rolls so far have been people of color, though other estimates place that number far lower. Scott has defended the purge, even though he was erroneously listed as dead himself on the rolls in 2006.
As Vanity Fair noted in a big 2004 story on the Sunshine State’s voting problems, “Florida is a state with a history of disenfranchising blacks.” In the state’s notoriously botched 2000 election, the state sent a list of 50,000 alleged ex-felons to the counties, instructing them to purge those names from their rolls. But it turned out that list included 20,000 innocent people, 54 percent of whom were black, the magazine reported. Just 15 percent of the state’s population is black. There were also reports that polling stations in black neighborhoods were understaffed, leading to long lines that kept some people from voting that year. The NAACP and ACLU sued the state over that purge. A Gallup poll in December of 2000 found that 68 percent of African-Americans nationally felt black voters were less likely to have their votes counted fairly in Florida.
Former Republican Gov. Charlie Crist, who has since become an independent and is rumored to be considering his next run as a Democrat, wrote an Op-Ed in the Washington Post recently slamming Scott’s current purge. “Including as many Americans as possible in our electoral process is the spirit of our country. It is why we have expanded rights to women and minorities but never legislated them away, and why we have lowered the voting age but never raised it. Cynical efforts at voter suppression are driven by an un-American desire to exclude as many people and silence as many voices as possible,” he wrote. A recent study from the Brennan Center for Justice at NYU Law School found that voter ID laws disproportionately affect poor, minority and elderly voters.
By: Alec Seitz-Wald, Salon, July 27, 2012
“It’s Not Just Freaks”: Who’s Affected By Pennsylvania’s Voter-ID Law?
The ACLU’s smart lawsuit shows it’s not just freaks who don’t have government-issued identification.
As the first big lawsuit against the Pennsylvania’s voter-ID law starts its third day at trial, arguments about the legality of the law have focused largely on who’s impacted by it. First, the secretary of the commonwealth estimated as many as 758,000 Pennsylvanians lacked the most common form of ID—those issued by the state Department of Transportation. A political scientist’s study showed that number to be around a million. Either way, it’s a lot of people, and we know a disproportionate number of them are poor, nonwhite, and elderly.
Still, those supporting strict voter-ID laws, which require citizens to show government-issued identification before voting, often cast suspicion on anyone without an ID. They argue that you need photo identification for pretty much anything these days, and people without them must be freaks or criminals—people we don’t want voting anyway. Republican Texas state Representative Jose Aliseda exemplifies this position; he recently said that anyone lacking a photo ID is probably in the country illegally or a recluse like the Unabomber.
In response, the ACLU, along with the other groups involved, made a brilliant move to publicize the stories of the ten plaintiffs. They’ve written up summaries of each person’s plight, made videos, and pushed the stories in the press. Those wondering just who these strange people without ID are getting an answer: Quite a few are little old ladies.
Of the ten people in the lawsuit, five are over 80. The chief plaintiff, Viviette Applewhite, is 93, and arrived in court in a wheelchair wearing “a gray sweater and a white lace hat,” according to Reuters. She was a civil-rights activist who marched in Macon, Georgia, with Martin Luther King, but even with all the time between now and the election, she’s probably not going to be able to get the necessary ID. Applewhite, who does not drive, took her husband’s name. That is the name she had on her Social Security card. But when her purse was stolen, the only document that she could get was a birth certificate—with her maiden name. Applewhite had a common-law marriage, so there’s no document to account for the mismatched name.
Applewhite isn’t the only elderly woman on the plaintiff list. There’s also Joyce Block, a spring chicken at 89, whose Social Security card and birth certificate were in her maiden name while her voter registration was in her married name. Block’s marriage certificate is in Hebrew and apparently the the clerks at the DMV were a little rusty in their ancient languages—they said the certificate could not be used as a proof of name change. Several of the other octogenarians in the case could not get copies of their birth certificates (necessary to get the IDs) because the state where they were born does not issue them.
Of course, older ladies aren’t the only ones in the lawsuit or the only ones with powerful stories. There’s Grover Freeland, a veteran whose only photo ID is his veteran’s card, issued by the U.S. Department of Veterans Affairs. But that card is not an acceptable form of ID under the Pennsylvania law. The ten plaintiffs all have different reasons why they cannot get an ID, but almost all of them are regular voters who now stand to lose their ability to cast a ballot.
Voting is a citizen’s fundamental duty and right, and those who fall outside of the mainstream have just as much of a right to vote as the mainstream. However, for the purposes of winning public support in this case, the ACLU was smart to choose and highlight relatable people who are impacted by the law. As with Republicans’ claims that voter ID laws were motivated purely by the need to cut down on voter fraud (which is virtually nonexistent), their claim that there’s something downright weird about people who lack photo IDs is now being exploded.
By: Abby Rapoport, The American Prospect, July 27, 2012
“A Whole New Form Of Voter Suppression”: Do We Need A New Voting Rights Act?
Ten states have enacted voter-ID laws that will discriminate against minorities and seniors. But the Department of Justice can do little to stop the discrimination in five of them.
On Friday, two counties in Southern states requested that the Supreme Court reconsider a key element of the Voting Rights Act. Both Kinston, North Carolina and Shelby County, Alabama hope the Court will find that Section 5 of the Act—the one that requires states and counties with a history of voter suppression to get permission from the feds before implementing changes to election law—is unconstitutional. The government has previously justified Section 5 under the Fifteenth Amendment, which guarantees the right to vote and prohibits discrimination based on race. The counties—both in states with new voter-ID laws—argue that the provision violates the Tenth Amendment, which gives states the right to regulate elections. Furthermore, they claim it unfairly gives states different levels of sovereignty by treating some differently than others.
With voter-ID laws proliferating around the country, the Voting Rights Act has been in the national conversation for months now, and Section 5 has played a major role in the debate. Voter-ID laws create barriers to voting, particularly for poor and non-white voters who are more likely to lack the necessary photo ID. The effort to suppress the vote is exactly what the Voting Rights Act sought to prevent, and it’s come in handy. While the Bush administration’s Department of Justice approved Georgia’s strict voter-ID law—which became a national model—under Obama, the DOJ has blocked Texas and South Carolina from implementing theirs, finding them to have a discriminatory effect. (Decisions on Mississippi and Alabama’s laws are still pending.) Thanks to the proceedings, we’ve learned a lot more about the impact of these laws. Documents from Texas revealed that Hispanic registered voters were between 47 and 120 percent more likely to lack the necessary ID, while in South Carolina, minorities were almost 20 percent more likely to have no government-issued identification.
Because of Section 5, the Department of Justice has been able to stop voter-ID laws from going into effect in four states. The trouble is, Section 5 only applies to nine list states, based largely on what those states were doing 50 years ago. And with the voter ID frenzy that began after Republicans swept into power in 2010, the states working to suppress the vote don’t totally align with those that require preclearance. In recent years, ten states have passed strict voter-ID laws which require a voter to show government-issued identification to vote and will likely prevent hundreds of thousands from voting. But of those ten, only five require preclearance. Indiana, Kansas, Pennsylvania, Tennessee, and Wisconsin all got to enact their versions of these laws without any say from the feds. Across all of them, the impacts are similarly devastating for poor and non-white populations.
As more and more states pass laws that functionally disenfranchise poor and nonwhite voters, it’s increasingly clear that Section 5 is no longer sufficient. The Department of Justice needs a broader ability to be proactive in preventing voter discrimination. When the Voting Rights Act was passed in 1965, Congress authorized Section 5 for only five years, with the idea that it might not be necessary after that. Since then, however, the section has been reauthorized several times—most recently in 2006, when Congress renewed it for another 25 years. But the section no longer reflects the voting landscape. It seems logical that the Department of Justice’s role should be expanded, so that states not listed in Section 5 cannot implement laws that infringe on voters’ rights.
The right to vote is integral to our political system, one of the defining acts of citizenship, and we should ensure it’s protected. Furthermore, who votes often determines which candidate wins. In 2012, the stakes could hardly be higher. Not including Alabama, where the law is not scheduled to take effect until 2013, the states with strict voter-ID laws comprise 127 electoral votes—almost half the number needed to win.
A report by the Brennan Center for Justice last week offered a devastating look at just how difficult getting ID actually is, and how many people are impacted. Nationwide, 11 percent of eligible voters lack the required ID; among African Americans, that number skyrockets to one in four eligible voters. Hispanics and seniors also disproportionately lack a government-issued photo ID. The Center’s report focuses on two key factors: the cost of acquiring the necessary documents, and the difficulties of getting to an office that issues IDs. Even in states that offer free IDs for voting, most still charge people to obtain the documents necessary to get that ID—and the costs are not insignificant. Birth certificates can run anywhere from $8 to $25. In Mississippi, there’s a special Catch-22: You need a birth certificate to get a government-issued ID, but you need a government-issued ID to get a birth certificate. Meanwhile, 10 million eligible voters live more than 10 miles away from a government office that can issue an ID—and in Alabama, Kansas, Mississippi, Texas, and Wisconsin, those ID issuing offices are closed on weekends.
While many of the most egregious examples are in Section 5 states, many are not. In Wisconsin, which does not have to preclear its election laws, more than 30 percent of the voting-age population lives more than 10 miles from an ID office. In Kansas, which also isn’t listed in Section 5, the voter-ID law shows similar problems with discrimination. Outside of Wichita, there’s one office that issues IDs for every 22,000 eligible voters; in downtown Wichita, there is one office for every 160,000. Twenty-two percent of Kansas’ black population lives in downtown Wichita where, in order to get their free IDs, they must wait much longer than their neighbors outside the city. In Tennessee, another state that doesn’t need preclearance, three rural regions have large populations but no offices that issue IDs.
Perhaps the best argument for expanding the Voting Rights Act is unfolding in Pennsylvania. Only a few months ago, the state legislature passed a strict voter-ID law that required a government-issued ID that included an expiration date. The state’s House majority leader, Republican Mike Turzai, openly touted it as a law that will guarantee that Mitt Romney wins the state. There’s reason for his confidence: A recent study from the Secretary of the Commonwealth in Pennsylvania showed that as many as 9 percent of state voters may lack necessary identification. In Philadelphia, a Democratic stronghold with a high number of African-American voters, it could be as high as 18 percent. Yet the DOJ cannot block the law.
For those states not listed in Section 5, challenges must be fought in the courts, where the bar is much higher. The DOJ or others can claim that voter-ID laws violate Section 2 of the Voting Rights Act, which prohibits discrimination either in practice or procedure. But Section 2 cases are difficult. “In order to bring a Section 2 case, you’d have to show two things. One, that there’s a significant racial disparity and two, that the burden of getting an ID is significant enough for us to care about,” Samuel Bagenstos, former deputy assistant attorney general, told Talking Points Memo. That means the DOJ will have a harder time winning a case against a voter-ID state before the November elections. Instead, the department may have to wait until the election is over and voters can testify to the discrimination. The DOJ may have to spend the 2012 election collecting evidence of discrimination—cold comfort for those whose votes are suppressed, particularly when their votes could change the outcome of a close presidential election.
Civic groups can also sue states for violating their constitutions. The ACLU has already brought suit against the Pennsylvania law on those grounds. In Wisconsin, a court found the voter-ID law violated the state constitution, and has granted a permanent injunction, though that decision is being appealed. These lawsuits require funding from civic groups that can afford and endure lengthy legal fights, of course, and the constitutional protections vary state to state.
The Voting Rights Act was passed at a time when certain states adamantly and openly refused non-white citizens the right to vote. These new laws are less obvious and more insidious, and have been implemented in states without voter-supression histories of Texas, South Carolina, and Georgia. But regardless of a state’s history, the result of voter-ID laws is still the same: Many, particularly those who are poor and not white, will lose their right to vote.
With a whole new form of voter supression spreading, it’s imperative that we look at new ways to safeguard that right. Norman Ornstein, among others, has called for an expanded Voting Rights Act. At the very least, the Department of Justice should have broader authority to examine discriminatory laws and at least hold up implementation as officials examine the potential impact. States like Pennsylvania should not be able to take away minority rights so easily, and with so little scrutiny. Unfortunately, as so many states move to make it harder for poor and nonwhite citizens to vote, the momentum is on the other side, with states and counties pushing to knock down Section 5 entirely and take away the procedural protections we do have in place, incomplete though they are.
By: Abby Rapoport, The American Prospect, July 23, 2012
“Civic Engagement”: Will Mitt Romney Condemn Voter Suppression At NAACP Convention?
Mitt Romney is going to address the 103rd convention of the National Organization for the Advancement of Colored People Wednesday.
Good. In recent years, Republican politicians have tended to criticize the NAACP, when they should be reaching out to the nation’s oldest civil rights organization. Romney’s acceptance of the group’s invitation is the right response and he gets credit for showing up at the convention in Houston.
The Republican presidential contender’s topic Wednesday will be “civic engagement.”
Very good. In the United States, a republic that bends toward democracy, the highest form of civic engagement has historically taken the form of voting. Americans have suffered and struggled and died for the right to vote.
As NAACP President Benjamin Todd Jealous wisely notes: “If you let someone diminish the power of your vote you will already have lost a battle.”
Unfortunately, the NAACP and allied groups have been forced to re-fight too many old battles on behalf of voting rights in recent years.
Republican legislators in states across the country, working in conjunction with the corporate-funded American Legislative Exchange Council — and, it was recently learned, the Republican National Committee — have sought to enact and implement so-called “Voted ID” laws. These laws have been condemned by good government groups, including the League of Women Voters and Common Cause, as assaults on voting rights.
The Voter ID laws, new restrictions on same-day registration and early-voting, purges of voting lists and other voter suppression schemes pose particular threats to civic engagement by African American voters and others who have historically faced discrimination based on their race, ethnicity or national origin.
“Our democracy is literally under attack from within. We have wealthy interests seeking to buy elections and when that ain’t enough, suppress the vote,” says Jealous. “There is no battle that is more important or urgent to the NAACP right now than the battle to preserve democracy itself. Let me be very clear, our right to vote is the right upon which our ability to defend every other right is leveraged.”
At the convention in Houston, Jealous and other NAACP activists have made the defense of voting rights a central focus. They are right to do so, especially in Texas, where local Republicans have been calling for the elimination of the Voting Rights Act — and where a newly-passed Voter ID law has been described by Attorney General Eric Holder as a 21st-century variation on the “poll tax.”
The question that Romney must answer Wednesday is a simple one: Which side is he on?
Is Romney on the side of the NAACP and campaigners for voting rights — including Republicans like his father, George Romney — or is he on the side of those who would suppress the vote?
If the prospective Republican nominee for president is really interested in “civic engagement,” he will call out those in his own party who seek to suppress voting rights.
By: John Nichols, The Nation, July 10, 2012
“A Very Sick Man”: Rush Limbaugh Wants To Extend Vote Suppression To Women
It did not generate the outrage that his offensive statements often do, probably just because it happened the day before July 4, but last Tuesday Rush Limbaugh made an inadvertently revealing statement. “When women got the right to vote is when it all went downhill because that’s when votes started being cast with emotion and maternal instincts that government ought to reflect,” said Limbaugh.
Limbaugh was not summarizing some serious new political science research. He was merely making assertions based on his own sexist stereotypes and the fact that women vote more Democratic than men.
The notion that women are less capable of controlling their biological weaknesses for the good of their country is often heard from right wing men. Newt Gingrich, who never served in the military, once said that women could not serve in combat because they would “get infections,” from living in ditches.
Limbaugh’s comment is also a reflection of Republican attitudes toward voting, and why they are so eager to trample voting rights. For another example, recall that Ann Coulter told the New York Observer in 2007, “If we took away women’s right to vote, we’d never have to worry about another Democrat president. It’s kind of a pipe dream, it’s a personal fantasy of mine.”
Limbaugh’s defense is that he was joking. But you never hear liberals joke that the world would be better if men or white people were not allowed to vote.
Republicans like Coulter and Limbaugh believe that groups who vote Democratic shouldn’t have the right to vote. The available mechanisms they are using, such as voter ID laws, target Democratic-leaning groups such as African-Americans, young people, city dwellers, and poor people. According to the Philadelphia Inquirer, “More than 758,000 registered voters in Pennsylvania do not have photo identification cards from the state Transportation Department, putting their voting rights at risk in the November election.” That’s 9.2 percent of Pennsylvania’s 8.2 million voters.
If there were a mechanism for disenfranchising women, the GOP would be pushing it.
By Ben Adler, The Nation, July 8, 2012