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“Letting The Right People Vote”: Control And Power Through Voter Suppression

For some years, the Republican party has tried to convince Americans that they have put their ugly legacy on issues of race behind them, that Richard Nixon’s “Southern Strategy” and Willie Horton have no relationship to the GOP of today. They call themselves the “party of Lincoln,” hoping people will forget that the Republican and Democratic parties were very different in 1864 than they are today. (Consider: If the likes of John Boehner, Mitch McConnell, Rush Limbaugh, Sarah Palin, and the rest of the leading lights of the GOP had been alive 150 years ago, which side would they have been on? The answer seems pretty obvious.) Sometimes, they may even go as far as the National Review did recently, publishing an unintentionally hilarious cover article claiming that Republicans are the real civil-rights heroes, because the Democratic party was once home to white Southern segregationists, so there! Never mind that those folks, like Strom Thurmond and Jesse Helms, eventually found their rightful home in the Republican party, as part of the realignment process that gave us the parties of today.

The protestations would be a little more convincing if every election—every election, without fail—didn’t see Republicans searching for new ways to exploit white racial animus and, more importantly, keep minorities from voting. This year’s election will be no different; Republicans are working harder than ever to make sure that if you’re not their kind of person, you will find voting as difficult as possible. That doesn’t mean that deep in their hearts Republicans are racists. It isn’t about hate. It’s about power.

This isn’t anything new. The history of voting in America is one of vicious battles over who would be able to cast ballots, battles that go well beyond the passage of the 15th and 19th Amendments, which extended voting rights to blacks and women, respectively. For decades, dozens of states had “pauper exclusions” on their books preventing poor people from voting. In some cases that meant that only property owners were allowed to vote; in other cases, going on any form of public assistance meant giving up your franchise. Incredibly, these laws were not finally repealed in most places until the 1960s. As Alexander Keyssar detailed in The Right to Vote: The Contested History of Democracy in the United States, classes of people with power have always sought to restrict the ability of those without power to vote:

They did so both to defend their own interests and because their beliefs and prejudices led them to view others as something less than responsible or worthy citizens. Most men did not want to enfranchise women until the twentieth century; most whites did not want to enfranchise blacks or other racial minorities in their own states; the native-born often were resistant to granting suffrage to immigrants; the wealthy at times sought to deny political citizenship to the poor; established community residents preferred to fence out new arrivals. There is nothing peculiarly American or particularly surprising about these patterns; those who possess political power commonly are reluctant to share it, and they have easily developed or embraced ideas that justify and legitimize that reluctance.

At various times in their histories, both political parties have sought partisan advantage in keeping certain people from the polls. But it has been some time since the Democratic party had a means by which to exclude whole classes of people from voting. The most reliable Republican voters today are groups like older white men. Even the most creative legislator would have a tough time coming up with some way to take away their voting rights.

But the reliably Democratic groups—blacks, Hispanics, poor people, young people—are easier to go after. You don’t have to stop all of them from voting, just enough to make a difference. And few things work better than voter ID laws, since those who don’t have such an ID are so much more likely to be the kind of people who vote Democratic. The fact that people impersonating other people at the polls is so rare as to be almost non-existent matters not at all. Write a voter ID law, and the cruder methods of keeping minorities from voting become less necessary. You don’t have to spend as much time distributing flyers in black neighborhoods threatening people with prosecution if they go to the wrong polling place, or mailing notices to voters claiming that if they have any unpaid parking tickets they won’t be allowed to vote, or posting signs around the neighborhood saying that the election has been moved to Wednesday.

All those things have happened may times before. But after their success in taking control of state legislatures in 2010, Republicans decided that kind of thing was for amateurs. You don’t need election day shenanigans if you’ve passed a law disenfranchising the right people. Minorities may be at the core of these efforts, but it isn’t just about them. Young people, college students, ex-felons, anyone who might be more likely to vote Democratic has been targeted by eager Republican legislators elected in the 2010 sweep. A dozen states with Republican legislatures have erected new barriers to voting since 2010. These barriers include voter ID laws, restrictions on early voting and same-day registration, and laws barring all ex-felons from voting. And no state’s Republicans have moved as aggressively as Florida, which has a bit of a history with this sort of thing.

You may have forgotten it by now, but the razor-thin margin of the 2000 presidential race there had its roots well before election day, when governor Jeb Bush and Secretary of State Katherine Harris assembled a list of people who were allegedly ex-felons and should therefore lose their voting rights. It turned out that thousands of them weren’t ex-felons at all, but just had names that resembled someone who had committed a felony. But too bad – they lost the right to vote anyway. In the last few years, Florida has passed an ID law, and passed a law imposing absurdly onerous requirements on those who register voters (voter registration is always a part of liberal and Democratic organizing campaigns). They also restricted early voting, most importantly by eliminating early voting on the Sunday before the election. Why that Sunday? Well, many black churches were organizing “Souls to the Polls” voting drives after church on that day. The Republicans solved that problem. And most recently, the government of Republican governor Rick Scott told local boards of elections to purge tens of thousands of people from the voter rolls, on the grounds that they might not be citizens. Many Florida citizens have already gotten threatening letters from the government, telling them they had 30 days to prove their citizenship or lose the right to vote.

Many of these plainly partisan moves are under legal challenge, but our system unfortunately allows much of what Republicans are trying to do. For instance, when the 2000 election controversy revealed the miasma of corruption and incompetence that was the Florida election system, many people were amazed that the Secretary of State, the person in charge of running the election, could be allowed to serve as state co-chair of one of the competing presidential campaigns. The idea that Bush co-chair Katherine Harris was an objective arbiter of election rules and processes was beyond absurd; it was like going to a Yankees-Red Sox game and learning that the home-plate umpire was also the Yankees’ batting coach. But that’s perfectly fine in America; you might remember that four years later, the Secretary of State in Ohio, Ken Blackwell (the state co-chair for the Bush-Cheney campaign) responded to a successful Democratic registration campaign by issuing a decree that any registration form not printed on heavy card stock would be declared invalid (his order was overturned by a court). And just recently the Arizona Secretary of State, Ken Bennett, declared that he might not allow Barack Obama on the state’s ballot, since he wasn’t convinced Obama was actually born in the United States. Bennett, who eventually backed off his birtherism, is–you guessed it–the state co-chair of the Romney campaign.

Few things are more absurd than to hear Republicans claim that in enacting restrictive voting laws, they are motivated not a whit by partisanship, but only by their deep and abiding concern for the integrity of the ballot. The Republicans who swept into office at all levels in 2010 had a policy agenda, to do things like restrict reproductive rights, roll back environmental and consumer regulations, and cut taxes. But their political agenda, designed to increase the chances that they will retain power, got nearly as much of their attention. And few things can more effectively ensure that you’ll retain power than making it harder for the wrong kind of people to vote.

By: Paul Waldman, Contributing Editor, The American Prospect, June 4, 2012

June 5, 2012 Posted by | Election 2012 | , , , , , , , , | Leave a comment

“Lobbyists Evading The Law”: Minnesota Elections Board To Investigate ALEC

Minnesota’s Campaign Finance and Public Disclosure Board will investigate whether the American Legislative Exchange Council (ALEC) should be registered as a lobbyist in the state, according to a letter sent to Common Cause-Minnesota. The Center for Media and Democracy (CMD) has also asked Wisconsin’s ethics board to investigate ALEC’s activities, and this month the Wisconsin Attorney General referred a joint complaint about ALEC’s lobbying — by CMD and Common Cause-Wisconsin — to the state ethics board.

Response to Common Cause’s Complaint in Minnesota

Common Cause-Minnesota filed two requests for investigation in recent months presenting evidence that ALEC lobbies state lawmakers to pass “model legislation” voted on by corporations and legislators at ALEC meetings. The Board has responded to the first complaint, which alleged that despite participating in lobbying, ALEC has failed to register as a lobbying organization. The Board says it “will investigate.”

“Corporations can no longer hide behind ALEC as they try to influence state law behind closed doors,” said Mike Dean, executive director of Common Cause-Minnesota. “This investigation should expose how ALEC has attempted to avoid laws that regulate lobbyists in Minnesota,” Dean said.

The complaint mirrored a letter to the IRS filed by the national Common Cause office last year. That office also filed formal a whistleblower complaint in April alleging ALEC has committed tax fraud.

ALEC has come under increased scrutiny in recent months for its role in promoting as a national “model” the Stand Your Ground/Shoot First law cited in the Trayvon Martin shooting in Florida, as well as other bills that make it more difficult for American citizens to vote, for workers to organize and bargain, and for regulatory agencies to protect the environment and health.

Common Cause-Minnesota filed a second complaint with Minnesota Attorney General Lori Swanson alleging that, because of ALEC’s substantial lobbying, it is in violation of state laws limiting such activities by charities. To date, Common Cause has filed similar requests for investigation in 37 other states.

On May 17, Common Cause-Wisconsin and the Center for Media and Democracy (CMD) filed a similar letter with Wisconsin’s Attorney General requesting an investigation into whether ALEC’s lobbying activities violate its charitable status, which was referred in part to the state ethics board. The letter was filed as part of a larger report detailing how ALEC facilitates corporate influence in the state, and counting more than 32 bills or budget provisions introduced in the 2011-2012 session reflecting ALEC model legislation. That report, “ALEC Exposed in Wisconsin: The Hijacking of State,” can be viewed here.

GAB Investigation in Wisconsin

Earlier this year, CMD requested that Wisconsin’s Government Accountability Board (GAB) determine that ALEC’s so-called “scholarship program” violates state ethics and lobbying laws.

In a complaint filed March 23, CMD described how the program allows global corporations to pay for ALEC member legislators’ travel to resorts for ALEC meetings, which would appear to violate Wisconsin laws prohibiting elected officials from accepting anything of value — even a cup of coffee — from corporations that employ lobbyists in the state. CMD also noted that while at ALEC meetings, legislators are offered invitations to corporate-sponsored receptions and given additional gifts like free tickets to the party box at a major league baseball game. CMD named all known Wisconsin ALEC members in the request because complete records about which lawmakers accepted these gifts in recent years are not publicly available.

ALEC subsequently disclosed that in 2010, it had asked the GAB to sanction these corporate-funded gifts, but offered a description of the so-called “scholarship” program contradicted by ALEC’s own bylaws, by ALEC’s filings with the IRS, and by other documents. CMD documented these contradictory claims in another letter filed in April.

Senator Van Wanggaard (R-Racine), who is a member of ALEC’s Telecommunications and IT Task Force, sought to distance himself from the program, declaring that he had never received an ALEC “scholarship” and asking that he be dropped from the complaint. CMD applauded Senator Wanggaard’s acknowledgement through his actions that receiving corporate-funded flights and hotel rooms could compromise a legislator’s official judgment.

The Wisconsin GAB has acknowledged receipt of CMD’s complaint but is prohibited by law from commenting on the status of an investigation.

By: Brendan Fischer, Center For Media and Democracy, May 30, 2012

June 2, 2012 Posted by | Lobbyists | , , , , , , , , | 1 Comment

“An Opportunity Lost To Register A Voter Is An Opportunity Gone Forever”: Federal Judge Blocks Florida Voter Suppression Law

A federal judge blocked much of Florida’s year-old voter suppression law today as an unconstitutional infringement on speech and voting rights.

Last year, the Republican-held Florida legislature passed HB 1355, which imposed harsh new restrictions on third-party voter registration groups, requiring them to turn in completed registration forms 48 hours — to the minute — after completion, or face fines. Outside groups often register hundreds of people at a time and, before this law, had used a quality-control process that took days to ensure the accuracy of submitted forms. With the onerous restrictions now in place, some groups like the League of Women Voters were ultimately forced to cease registration drives in the Sunshine State.

In blocking the new law, U.S. District Judge Robert Hinkle wrote:

The statute and rule impose a harsh and impractical 48-hour deadline for an organization to deliver applications to a voter registration office and effectively prohibit an organization from mailing applications in. And the statute and rule impose burdensome record-keeping and reporting requirements that serve little if any purpose, thus rendering them unconstitutional even to the extent they do not violate the NVRA. […]

The plaintiffs will suffer irreparable harm if an injunction is not issued, first because the denial of a right of this magnitude under circumstances like these almost always inflicts irreparable harm, and second because when a plaintiff loses an opportunity to register a voter, the opportunity is gone forever.

Though state judges and the Department of Justice have already taken steps to prevent voter disenfranchisement, Hinkle’s decision is the first time a federal court has blocked one of the most recent round of state voter suppression laws.

Voters have already begun to experience the effects of new anti-voting laws. Minority voter registration is down significantly from the 2008 election. Among Latinos nationwide, voter registration has dropped five percent; for blacks, registration rates are down seven percent.

New York University’s Brennan Center, which studies voting rights issues, hailed the decision. “Florida’s law and others approved in the past year represent the most significant cutback in voting rights in decades,” said director Wendy Weiser. “Today’s decision will help turn the tide.”

 

By: Scott Keyes, Think Progress, May 31, 2012

June 1, 2012 Posted by | Civil Rights | , , , , , , , | Leave a comment

“Justified And Necessary”: Wisconsin Reaches For The Last Resort

Recalls and impeachments are a remedy of last resort. Most of the time, voters who don’t like an incumbent choose to live with the offending politician until the next election, on the sensible theory that fixed terms of office and regular elections are adequate checks on abuses of power and extreme policies.

The question facing Wisconsin’s citizens is whether Republican Gov. Scott Walker engaged in such extraordinary behavior that setting aside his election is both justified and necessary.

Voters don’t have to get to this large question. Walker’s opponents forced next Tuesday’s recall vote by using the state’s laws in an entirely legitimate way. They gathered far more petition signatures than they needed, signaling that discontent in the state was widespread.

The result has been a fairly conventional campaign in which Walker once again confronts his 2010 opponent, Milwaukee Mayor Tom Barrett (D). At this point, preferring Barrett, an affable, moderate liberal, to the conservative firebrand Walker is reason enough to vote the incumbent out, but the broader case for recall is important.

Walker is being challenged not because he pursued conservative policies but because Wisconsin has become the most glaring example of a new and genuinely alarming approach to politics on the right. It seeks to use incumbency to alter the rules and tilt the legal and electoral playing field decisively toward the interests of those in power.

The most obvious way of gaming the system is to keep your opponents from voting in the next election. Rigging the electorate is a surefire way of holding on to office. That is exactly what has happened in state after state — Wisconsin is one of them — where GOP legislatures passed new laws on voter identification and registration. They are plainly aimed at making it much more difficult for poorer, younger and minority voters to get or stay on the voter rolls and to cast ballots when Election Day comes.

Rationalized by claims of extensive voter fraud that are invented out of whole cloth, these measures are discriminatory in their effect and partisan in their purpose. On their own, they are sufficient cause for the electorate to rise up and cry, “Stop!”

But Walker and his allies did more than this in Wisconsin. They also sought to undermine one of the Democratic Party’s main sources of organization. They sharply curtailed collective bargaining by most public employee unions and made it harder for these organizations to maintain themselves over time, notably by requiring an almost endless series of union elections.

The attack on unions was carried out in the name of saving state and local government money. But there is a big difference between, on the one hand, bargaining hard with the unions and demanding more reasonable pension agreements, and, on the other, trying to undercut the labor movement altogether. In the wake of the recession, mayors and governors of both parties have had to demand a lot from their unions. For Democrats, this often involved unions that helped elect them to office.

That is one of the reasons the party is well-represented in the recall by Barrett: He has been a tough negotiator in Milwaukee, to the consternation of some of its public employees. In the Democratic primary, unions spent heavily on behalf of Barrett’s main opponent, former Dane County executive Kathleen Falk. Although labor is now fully behind Barrett, Walker simply cannot cast his opponent as a captive of the movement. No wonder the Republican is closing his campaign with a demagogic ad on crime in Milwaukee. Walker knows he can’t win the last swing votes he needs on the basis of his record and his stand on collective bargaining.

The paradox of Wisconsin is that, although recalling a governor would be unusual, Barrett is the candidate of regular order, of consensual politics, Wisconsin-style. Wisconsin has had successful conservative governors before, Republican Tommy Thompson prominent among them. They enacted conservative policies without turning the state upside down. They sought to win over their opponents rather than to inhibit their capacity to oppose.

Walker seems to enjoy a slight advantage in the polls, having vastly outspent his foes up to now. Barrett, however, should have enough money to level the competition in the final days. This recall should not have had to happen. But its root cause was not the orneriness of Walker’s opponents but a polarizing brand of conservative politics that most Americans, including many conservatives, have good reason to reject.

 

By: E. J. Dionne, Jr., Opinion Writer, The Washington Post, May 30, 2012

 

 

May 31, 2012 Posted by | Wisconsin | , , , , , , , , | Leave a comment

“Here They Go Again”: How Florida Governor Rick Scott Could Steal The Election For Mitt Romney

On Wednesday, November 7, Mitt Romney could wake up as the President-elect thanks to one man: Florida Governor Rick Scott. With little fanfare, Scott is undertaking an audacious plan to kick thousands of Floridians off the ballot just before this year’s elections. It’s a sloppy, chaotic and possibly illegal plan. But it just might work. Here’s how:

1. Scott has created a massive list of Floridians to purge from the voting rolls before the election. Late last year, Governor Scott ordered his Secretary of State, Kurt Browning, to “to identify and remove non-U.S. citizens from the voter rolls.” But Browning did not have access to reliable citizenship data. The state attempted to identify non-U.S. citizens by comparing the voting file with data from the state motor vehicle administration, but the motor vehicle data does not contain updated citizenship information. The process, which created a list of 182,000 people, was considered so flawed by Browning that he refused to release the data to county election officials. Browning resigned in February and Scott has pressed forward with the purge, starting with about 2600 voters.

2. The list of “ineligible” voters is riddled with errors and includes hundreds of eligible U.S. citizens. According to data obtained by ThinkProgress, in Miami-Dade county alone, 1638 people were flagged by the state as “non-citizens.” Already, 359 people on the list have provided the county with proof of citizenship and 26 people were identified as U.S. citizens directly by the county. The remaining 1200 have simply not responded to the letter informing them of their purported ineligibility. Similar problems have been identified in Polk County and Broward County.

3. Scott’s list is heavily targeted at Democratic and Hispanic voters. A study by the Miami Herald found that “Hispanic, Democratic and independent-minded voters are the most likely to be targeted in a state hunt to remove thousands of noncitizens from Florida’s voting rolls.” For example, Hispanics comprise 58 percent of the list but just 13 percent of eligible voters. Conversely, “Whites and Republicans are disproportionately the least-likely to face the threat of removal.”

4. Florida election officials have acknowledged that, as a result of Scott’s voter purge, eligible voters will be removed from the rolls.It will happen,” Mary Cooney, a spokeswoman for the Broward County Supervisor of Elections, told ThinkProgress. On or about June 9, anyone who hasn’t responded to the ominous and legalistic letter informing them of their purported ineligibility will be removed from the rolls. Some eligible voters won’t have been able to respond by that time due to travel, work obligations, family obligations or confusion as to the purpose of the letter. Some will forget to open it. Others may have moved.

5. Florida will likely be a close contest in 2012 and purging eligible Democratic and Hispanic voters could tip the balance to Romney. In the latest Real Clear Politics average of polling in the state, Romney and Obama are separated by just 0.5 percent. Hundreds of eligible voters in Democratic strongholds, wrongfully purged from the rolls, could easily make the difference for Romney.

6. Winning Florida could clinch the election for Mitt Romney. Nationally, the race between Obama and Romney is within two points. It’s expected to be close all the way to election day and Florida’s 29 electorial votes would be the deciding factor in many plausable electorial scenarios.

Will history repeat itself in Florida this year? By one estimate, 7000 Florida voters were wrongfully removed from the voter rolls for the 2000 presidential election — 13 times George W. Bush’s margin of victory in that state after the U.S. Supreme Court halted the post-election recount.

 

By: Judd Legum, Think Progress, May 28, 2012

May 29, 2012 Posted by | Election 2012 | , , , , , , | 1 Comment