The Truth About Voter Suppression
The national trauma of the 2000 presidential election and its messy denouement in Florida and the U.S. Supreme Court made, for a brief moment, election reform a cause célèbre. The scrutiny of election administration went far beyond the vote counting and recounting that dominated headlines. The Florida saga cast a harsh light on the whole country’s archaic and fragmented system of election administration, exemplified by a state where hundreds of thousands of citizens were disenfranchised by incompetent and malicious voter purges, Reconstruction-era felon voting bans, improper record-keeping, and deliberate deception and harassment.
The outrage generated by the revelations of 2000 soon spent itself or was channeled into other avenues, producing, as a sort of consolation prize, the Help America Vote Act (HAVA) of 2002, an underambitious and underfunded law mainly aimed at preventing partisan mischief in vote counting. The fundamental problem of accepting 50 different systems for election administration, complicated even more in states like Florida where local election officials control most decisions with minimal federal, state or judicial oversight, was barely touched by HAVA. As Judith Browne-Dianis, of the civil rights group the Advancement Project, told me: “The same cracks in the system have persisted.”
But most politicians in both parties paid lip service to the idea that every American citizen had a right to vote, and that higher voting levels of the sort taken for granted in most democracies would be a good thing. “Convenience voting” via mail and early on-site balloting, or simply liberalized “absentee” voting, spread rapidly throughout the last decade, often as a way to minimize Election Day confusion or chicanery. In Florida itself, Republican Govs. Jeb Bush and Charlie Crist relaxed and then abolished the state’s practice of disenfranchising nonviolent felons for a period of time after their release.
No more. In the wake of the 2010 elections, Republican governors and legislatures are engaging in a wave of restrictive voting legislation unlike anything this country has seen since the Voting Rights Act of 1965, which signaled the defeat of the South’s long effort to prevent universal suffrage. This wave of activism is too universal to be a coincidence, and too broad to reflect anything other than a general determination to restrict the franchise.
Millions of voters are affected. In Florida new Republican Gov. Rick Scott signed legislation reversing Crist’s order automatically restoring the voting rights of nonviolent ex-felons. In one fell swoop, Scott extinguished the right to vote for 97,000 Florida citizens and placed more than a million others in danger of disenfranchisement. In a close contest for the Sunshine State’s 29 electoral votes, such measures could be as crucial to the outcome as the various vote suppression efforts of 2000.
As Ari Berman explained in an excellent recent summary of these developments for Rolling Stone, restrictive legislation, which has been introduced in 38 states and enacted (so far) in at least 12, can be divided into four main categories: restrictions on voter registration drives by nonpartisan, nonprofit civic and advocacy groups; cutbacks in early voting opportunities; new, burdensome identification requirements for voting; and reinstitution of bans on voting by ex-felons.
While new voter ID laws have clearly been coordinated by the powerful conservative state legislative lobbying network ALEC (American Legislative Exchange Council), other initiatives have spread almost virally. Virtually all of these restrictions demonstrably target segments of the electorate — the very poor, African-Americans and Hispanics, college students, and organizations trying to register all of the above — that tend to vote for Democrats.
Virtually all have been justified by their sponsors as measures to prevent “voter fraud,” a phenomenon for which there is remarkably little evidence anywhere in the country. As Tovah Andrea Wang, an election law expert at Demos, has concluded: “[L]aw enforcement statistics, reports from elections officials and widespread research have proved that voter fraud at the polling place is virtually nonexistent.” The Bush administration’s Justice Department tried to a scandalous degree to find cases of voter fraud to prosecute, and failed.
But as Marge Baker, executive vice president of People for the American Way, observes:
So-called anti-fraud laws are almost always thinly veiled attempts to prevent large segments of the population from making it to the ballot box … low-income voters, college students, people of color, the elderly. The people behind these laws know that there is no “voter fraud” epidemic. They just want to make it as difficult as possible for certain types of people to vote.
If so, is the motivation simply and purely partisanship? That’s the conclusion reached by former President Bill Clinton, who told a Campus Progress audience in July: “They are trying to make the 2012 electorate look more like the 2010 electorate than the 2008 electorate.”
The prevalence of restrictive measures in key 2012 swing states certainly reinforces this impression. With Scott’s order Florida rolled back the early voting that played a key role in Obama’s 2008 victory. New voter ID laws were pioneered in Indiana, the red state most famously carried by Obama in 2008. A voter ID bill passed in the Legislature in North Carolina, but was vetoed by the governor, a Democrat.
Cynical as such actions may seem, they do reflect an ideology. For some conservatives, however, there is a deeper motive than partisanship that helps explain the rapid proliferation of restrictive legislation. It hearkens back to much older debates over the franchise that raged from the mid-19th to the mid-20th centuries: the belief that voting is a “privilege” rather than a right, and one best exercised by “responsible” or “productive” members of the community. And it’s not really surprising that old-school doubts about the very concept of “voting rights” have accompanied the dramatic rise to power of “constitutional conservatives” who strongly believe that no popular majority should have the power to modify fixed concepts of property rights and limited government as handed down by the Founders, who themselves acted (according to many Tea Partyers) according to a divine mandate.
You hear echoes of this ancient anti-democratic conviction scattered all across the Tea Party Movement and among many state legislators active in voting for restriction legislation. Tea Party Nation president Judson Phillips created a furor in November of 2010 by suggesting that voting should be restricted to property owners, as it often was prior to enactment of the 15th Amendment.
Minnesota House Speaker Kurt Zellers flatly claimed voting was “not a right” during debate over a photo ID bill (a statement he later partially walked back). So, too, did Florida state Sen. Mike Bennett in a similar debate. Republican legislators and party leaders in Wisconsin, Maine and New Hampshire said all sorts of disparaging things about the civic qualifications of college students in the process of seeking to keep them from voting on campus.
Suffusing much of this sentiment is the pervasive Tea Party fear that voters without “skin in the game,” that is, “property ownership or significant tax liability,” will be prone to voting for big government and “welfare” at the expense of “productive” citizens. Few would publicly go so far as right-wing author Matthew Vadim, who briefly became a Fox celebrity for his argument that registering poor people to vote is “like handing out burglary tools to criminals,” since they “can be counted on to vote themselves more benefits by electing redistributionist politicians.”
But throughout the conservative and Tea Party subculture you find countless people who subscribe to the “Cloward-Piven Strategy” (popularized by Glenn Beck) that liberals have been engaged in a deliberate effort for decades to buy votes with expanded welfare benefits. And from practically the moment the financial crisis exploded, a preferred conservative-activist interpretation (advanced most aggressively by presidential candidate Michele Bachmann) has involved an elaborate variation on the Cloward-Piven Strategy.
The story is that the obscure community organizing group ACORN utilized the provisions of the Community Reinvestment Act to destroy the housing and banking industries with mortgages for shiftless poor and minority borrowers who were then encouraged to elect “socialist” politicians like Barack Obama to bail them out. This particular conspiracy theory has been especially potent since ACORN’s often-clumsy voter registration efforts also happen to be at the very center of Republican claims of widespread voter fraud.
Conservative suspicions that letting poor people vote leads to “socialism” have been most evident in the strange furor among tax-hating Republicans about the number of Americans who do not have net federal income tax liability. These “lucky duckies” (as the Wall Street Journal famously called them in a 2002 Op-Ed deploring the low taxes paid by the poor) have no “skin in the game.” Thus, as the Journal put it, “can hardly be expected to care about tax relief for everybody else … [and] are also that much more detached from recognizing the costs of government.”
While it’s unlikely Republican politicians will come right out and advocate higher taxes on the poor (although some “fair tax” schemes calling for a shift to consumption taxes would have the same effect), the resentment of them as freeloaders who get to “vote themselves welfare” probably does operate as a fine rationalization for placing landmines on their path to the voting booth.
All in all, the conservative commitment to full voting rights, which used to be a bipartisan totem that Republican operatives undermined in the dark and out of sight, is probably dead for the foreseeable future. And the war on voting will continue.
By: Ed Kilgore, Salon, September 30, 2011
The Real Voter Fraud Scandal: Conservatives Are Trying To Restrict And Distort The Will Of The Voters
Well over a year before the 2012 presidential election, there’s a battle going on over next year’s ballots—how they’ll count and who will get to cast them. At stake is an attempt to distort the voters’ will by twisting the rule of law.
Most recently, Pennsylvania has been the focus of this battle. Dominic Pileggi, the state Senate majority leader, wants to change the way the Keystone State distributes its electoral votes, divvying them up according to how each presidential candidate performed in each congressional district, with the remaining two electoral votes going to the candidate who won the popular vote.
So while Barack Obama’s 55 percent of the vote in Pennsylvania in 2008 netted him all 21 of its electoral votes, the Pileggi plan would have shaved that figure to 11 electors. (Nationwide, Obama won 242 congressional districts while John McCain got 193.) The change would be even sharper as Pennsylvania’s new congressional map is expected to have 12 of the state’s 18 seats drawn to favor the GOP. Obama could win a majority of the Keystone vote again but only score eight of the state’s 20 electors. Do we really want to bring gerrymandering into presidential elections?
The politics here aren’t obscure: Every Democrat since Bill Clinton in 1992 has won Pennsylvania. This is a naked attempt to undercut Democratic nominees. (And while Pennsylvania would join Nebraska and Maine with such a law, Nebraska Republicans are trying to return to the unit rule after Obama won a single elector there in 2008.) But the Pennsylvania gerrymander gambit is only one aspect of a broader push to rig the game.
The 2010 elections marked a huge shift in control of state legislatures from Democrats to Republicans. The result, according to Tova Wang, a Senior Democracy Fellow at the progressive think tank Demos, has been “an attack on voting rights in this country like we haven’t seen in years and years.”
So far this year, bills have been introduced in at least 38 state legislatures designed to make it harder for Americans to exercise their right to vote. Fourteen have actually enacted such laws, according to a report released this week by the Brennan Center for Justice at New York University School of Law, which found that the new rules could make it “significantly harder for more than five million eligible voters to cast ballots in 2012.” As Rolling Stone reported recently, Kansas and Alabama, for example, now require proof of citizenship to register to vote; Florida and Texas have raised barriers to groups like the League of Women Voters conducting voter registration drives; Florida and Iowa barred ex-felons from voting, instantly removing nearly 200,000 voters from their states’ rolls; Florida, Georgia, Ohio, Tennessee, and West Virginia have cut back on early voting; and Maine repealed its law allowing citizens to register and vote on Election Day or on the two business days immediately preceding it (even though GOP Gov. Paul LePage had himself used that law to register the day before the 1982 election).
Perhaps the GOP’s most popular vote suppression tool is a set of new laws requiring voters to present photo identification before they cast ballots. Seven states—Alabama, Kansas, Rhode Island, South Carolina, Tennessee, Texas, and Wisconsin—have enacted such measures this year. At first glance this may seem reasonable. Who doesn’t have a valid photo ID? The answer may surprise you. A 2006 study by the Brennan Center found that 11 percent of U.S. citizens lack one, a figure in line with a 2005 report by an election reform federal commission which suggested 12 percent of U.S. citizens lack driver’s licenses. Drilling down, the Brennan Center found that the groups worst off in this regard tend to be core Democratic constituencies: 25 percent of voting age African-Americans and 15 percent of voting age citizens who make less than $35,000 annually lack valid photo IDs.
In Ohio, where such a law is pending, roughly 940,000 citizens lack valid IDs, according to a study by a nonpartisan voters group. Or take Wisconsin: Less than half of Milwaukee County African-Americans and Hispanics have driver’s licenses, according to a study from the University of Wisconsin-Milwaukee, and the figures are worse for younger voters. Indeed, the Wisconsin law is especially pernicious, specifically not accepting student IDs, even from state institutions. Texas’s voter ID law is even more blatant in who it’s aimed at. State gun permits are acceptable, but student IDs and government employment cards are not.
And these laws are a solution searching for a problem. Conservatives have long bemoaned the menace of voter impersonation, but the evidence for this threat is nonexistent. George W. Bush’s Justice Department spent years ferreting out voter fraud and managed to prosecute not one voter for impersonating another. “Out of the 300 million votes cast [between 2002 and 2007] federal prosecutors convicted only 86 people for voter fraud,” Rolling Stone reported. A 2007 study by the Brennan Center found the instances of voter fraud to be literally infinitesimal. “You’re more likely to get killed by lightning than commit in-person voter fraud,” says the Brennan Center’s Michael Waldman. Which only makes sense: That thousands of people are casting illegal votes in others’ names while evading determined detection (always managing to choose people who weren’t going to vote anyway) doesn’t pass the smell test.
Knock away the spurious reasons for the push to restrict voting and you’re left with bare-knuckled partisanship. “There has never been in my lifetime, since we got rid of the poll tax and all the Jim Crow burdens on voting, the determined effort to limit the franchise that we see today,” former President Bill Clinton told a group of young political activists over the summer. He’s right, and it must be fought at every level.
By: Robert Schlesinger, U. S. News and World Report, October 6, 2011
The GOP’s Problem: There’s No Bridging The Gap Between Tea Party And Reality
Why do the Tea Party and the right adamantly oppose Mitch McConnell’s proposal to transfer control of the debt ceiling to the president as a way out of an impasse that many think is badly damaging the GOP?
The answer, paradoxically, lies in the beauty of the McConnell plan: It was crafted to allow Republicans to repeatedly vote against raising the debt ceiling without actually stopping it from being raised.
McConnell and other GOP leaders know full well the debt ceiling must be hiked. But they also know full well that this is entirely unacceptable to large swaths of the base who now see this as their number one ideological cause celebre, on a par with the now-forgotten drive to repeal Obamacare. So his plan tries to solve both these problems at once. It provides for Republicans to vote to “disapprove” of each debt ceiling hike the President pursues. But since they need a veto proof majority to block each debt limit hike, those “disapproval” votes won’t actually stop the hikes from happening — keeping the business community happy and averting economic and political disaster.
The problem for GOP leaders, however, is that the Tea Party and the right are dead serious about this stopping-the-debt-ceiling-hike thing — reality and the consequences be damned. Solid majorities of Republican voters and Tea Partyers don’t even think failure to raise it will be a problem. Symbolic votes to “disapprove” of debt ceiling hikes aren’t enough. Anything short of stopping the debt ceiling from going up is unacceptable. The McConnell plan would surrender the GOP’s ability to do this. Therefore it’s a total cave-in.
Business leaders and sane GOP leaders want the debt ceiling raised and understand that failure will be catastrophic. The Tea Party wants a hike blocked at all costs. The problem in a nutshell is that there’s no putting that ideological genie back in the bottle. One party is going to have to walk out of this situation not getting what it wants. Hint: That party’s name begins with the letter “T.”
By: Greg Sargent, The Washington Post Plum Line, July 19, 2011
How States Are Rigging The 2012 Election
An attack on the right to vote is underway across the country through laws designed to make it more difficult to cast a ballot. If this were happening in an emerging democracy, we’d condemn it as election-rigging. But it’s happening here, so there’s barely a whimper.
The laws are being passed in the name of preventing “voter fraud.” But study after study has shown that fraud by voters is not a major problem — and is less of a problem than how hard many states make it for people to vote in the first place. Some of the new laws, notably those limiting the number of days for early voting, have little plausible connection to battling fraud.
These statutes are not neutral. Their greatest impact will be to reduce turnout among African Americans, Latinos and the young. It is no accident that these groups were key to Barack Obama’s victory in 2008 — or that the laws in question are being enacted in states where Republicans control state governments.
Again, think of what this would look like to a dispassionate observer. A party wins an election, as the GOP did in 2010. Then it changes the election laws in ways that benefit itself. In a democracy, the electorate is supposed to pick the politicians. With these laws, politicians are shaping their electorates.
Paradoxically, the rank partisanship of these measures is discouraging the media from reporting plainly on what’s going on. Voter suppression so clearly benefits the Republicans that the media typically report this through a partisan lens, knowing that accounts making clear whom these laws disenfranchise would be labeled as biased by the right. But the media should not fear telling the truth or standing up for the rights of the poor or the young.
The laws in question include requiring voter identification cards at the polls, limiting the time of early voting, ending same-day registration and making it difficult for groups to register new voters.
Sometimes the partisan motivation is so clear that if Stephen Colbert reported on what’s transpiring, his audience would assume he was making it up. In Texas, for example, the law allows concealed handgun licenses as identification but not student IDs. And guess what? Nationwide exit polls show that John McCain carried households in which someone owned a gun by 25 percentage points but lost voters in households without a gun by 32 points.
Besides Texas, states that enacted voter ID laws this year include Kansas, Wisconsin, South Carolina and Tennessee. Indiana and Georgia already had such requirements. The Maine Legislature voted to end same-day voter registration. Florida seems determined to go back to the chaos of the 2000 election. It shortened the early voting period, effectively ended the ability of registered voters to correct their address at the polls and imposed onerousrestrictions on organized voter-registration drives.
In 2008, the U.S. Supreme Court, by 6 to 3, upheld Indiana’s voter ID statute. So seeking judicial relief may be difficult. Nonetheless, the Justice Department should vigorously challenge these laws, particularly in states covered by the Voting Rights Act. And the court should be asked to review the issue again in light of new evidence that these laws have a real impact in restricting the rights of particular voter groups.
“This requirement is just a poll tax by another name,” state Sen. Wendy Davis declared when Texas was debating its ID law early this year. In the bad old days, poll taxes, now outlawed by the 24th Amendment, were used to keep African Americans from voting. Even if the Supreme Court didn’t see things her way, Davis is right. This is the civil rights issue of our moment.
In part because of a surge of voters who had not cast ballots before, the United States elected its first African American president in 2008. Are we now going to witness a subtle return of Jim Crow voting laws?
Whether or not these laws can be rolled back, their existence should unleash a great civic campaign akin to the voter-registration drives of the civil rights years. The poor, the young and people of color should get their IDs, flock to the polls and insist on their right to vote in 2012.
If voter suppression is to occur, let it happen for all to see. The whole world, which watched us with admiration and respect in 2008, will be watching again.
By: E. J. Dionne, Opinion Writer, The Washington Post, June 19, 2011
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