“Just So We’re Clear”: Our Failure to Stop You from Voting Means We Weren’t Trying to Stop You from Voting
North Carolina recently passed what can only be described as an omnibus voter suppression law, including a whole range of provisions from demanding photo IDs to cutting back early voting to restricting registration drives, every single one of which is likely to make it harder for minorities, poor people, and/or young people to register and vote. It’s not just the Tar Heel state—across the South, states that have been freed by the Supreme Court from their prior obligation under the Voting Rights Act to get permission from the Justice Department before changing their voting laws are moving with all deliberate speed to make voting as difficult as possible. Since these are Republican states, these laws are going to pass (some have already), and I think it’s worth addressing what is fast becoming the main argument Republicans use to defend them.
They’ve always said that their only intent was to ensure the “integrity” of elections and protect against voter impersonation, a virtually nonexistent problem. But they recently realized that they’ve got a new, and seemingly compelling, piece of evidence they can muster against charges of voter suppression. Many voter-ID laws were passed over the last few years (the Supreme Court upheld voter ID in 2008), and as Republicans will tell you (see for example here or here), turnout among blacks hasn’t declined, and in some cases has gone up. Blacks even turned out at a slightly higher rate than whites overall in the 2012 election. As Rand Paul recently said, “I don’t think there is objective evidence that we’re precluding African-Americans from voting any longer.”
So what’s wrong with this argument? The voter suppression efforts have been largely unsuccessful because civil rights groups and Democrats have responded to them by redoubling their efforts to get people to the polls. The backlash has essentially brought turnout among African Americans back up to what it would have been without the voter-ID laws, even though in practice, it meant that some people who would have otherwise voted were prevented from doing so, while other people who might have stayed home managed to get to the polls.
So what Republicans are essentially saying is, we’re trying to suppress the votes of black people, but we aren’t succeeding, so how can you criticize us? It’s like me slashing your tires on Saturday, then when you go out and buy four new ones and get them installed in time for Monday morning, I say, “You got to work on time, didn’t you? So that just shows I wasn’t trying to do you any harm.”
The “voter fraud” rationale has been incredibly disingenuous from the beginning, but for me the real tell is the limitations on early voting that often end up being part of these laws. You can argue that everyone should have to prove who they are before casting a ballot. But restricting early voting can have only one purpose, and that’s making it more difficult for people to vote, especially those who happen to take advantage of early voting. And who might that be? You’ll never guess. The Republicans pushing these laws always make sure to eliminate early voting on the Sunday before election day, because that’s when many black churches have historically done “souls to the polls” drives, where people head to the voting locations after church.
So the next time you hear someone say that high turnout among African Americans proves that voter ID isn’t about suppressing votes, remember that they’re trying to use their failure to successfully keep black, poor, and young people from voting to explain away their obvious intent to keep black, poor, and young people from voting. If you put obstacles in my path to screw me, and then I manage with an extraordinary effort to evade them, it doesn’t mean you weren’t trying to screw me in the first place.
By: Paul Waldman, Contributing Editor, The American Prospect, August 15, 2013
“We Only Discriminate For Partisan Reasons”: Texas Struggles To Defend Discriminatory Voting Policies
It’s been about three weeks since the Justice Department, relying on what’s left of the Voting Rights Act, went after voter-discrimination policies in Texas. The U.S. Supreme Court may have severely damaged the VRA, but the Justice Department nevertheless argued that when “intentional voting discrimination” is found, changes to voting rights cannot be permitted to continue.
This week, as Adam Serwer reported, Texas submitted a brief presenting their defense.
Texas didn’t discriminate against minority voters. It was only because they were Democrats. And even if it did, the racial discrimination Texas engaged in is nowhere near as bad as the stuff that happened in the 1960s.
These are some of the arguments the state of Texas is making in an attempt to stave off federal supervision of its election laws. In late July, citing the state’s recent history of discrimination, the Justice Department asked a federal court to place the entire state back under “preclearance.” That means the state would have to submit its election law changes in advance to the Justice Department, which would ensure Texas wasn’t disenfranchising voters on the basis of race.
The arguments from Gov. Rick Perry’s (R) administration are pretty amazing, especially considering federal courts already found Texas’ election policies discriminatory as recently as two years ago, before the Supreme Court intervened.
As Kevin Drum explained, Texas’ first argument, as pushed by state Attorney General Greg Abbott, “is that, sure, Texas has tried to discriminate as recently as 2011, but their efforts were overturned by a court. So that means there are no current violations, and thus no reason to grant any kind of ‘equitable relief.'”
The second argument is the half-glass-full tack. As Serwer put it, “[T]he state claims, even if Texas did discriminate, and the state stresses that it did not, it was nothing as bad as ‘the ‘pervasive,’ ‘flagrant,’ ‘widespread,’ and ‘rampant’ discrimination that originally justified preclearance in 1965.’ So as long as Texas skies aren’t alight with flames from burning crosses, what’s the big whoop?”
But it’s the third argument that’s truly amazing.
From the brief filed by the state:
DOJ’s accusations of racial discrimination are baseless. In 2011, both houses of the Texas Legislature were controlled by large Republican majorities, and their redistricting decisions were designed to increase the Republican Party’s electoral prospects at the expense of the Democrats….The redistricting decisions of which DOJ complains were motivated by partisan rather than racial considerations, and the plaintiffs and DOJ have zero evidence to prove the contrary.
Got that? Texas wasn’t trying to discriminate against racial and ethnic minorities; Texas was simply trying to discriminate against racial and ethnic minorities who vote for Democrats.
In other words, Texas’ defense is that state policymakers were trying to crush the Democratic vote, and this led to inadvertent discrimination against African Americans and Latinos. As such, the argument goes, Texas was motivated by crass partisanship, and not racism, so the discrimination doesn’t really count.
Any chance this might be persuasive in court? Brenda Wright, a voting law expert with the liberal think tank Demos, told Serwer, “I don’t think it’s going to work, frankly. The mere desire to achieve partisan advantage does not give Texas a free hand to engage in racial discrimination. If the only way you can protect white incumbents is by diluting the voting strength of Hispanic citizens, you are engaging in intentional racial discrimination, and the courts will see that.”
By: Steve Benen, The Maddow Blog, August 13, 2013
“Nothing Short Of Radical Inclusiveness”: The Power of Pissed-Off Women United For Equality
I’ve just begun my second four-year term as president of the National Organization for Women. I was reelected — by acclamation, I’m proud to say — at NOW’s 2013 Conference in Chicago over the July 4th weekend.
My vision for the next four years of activism begins with something that’s long overdue — the election of a women president of the United States.
And not just any woman. A feminist woman who will stand up for our issues against those who would turn the clock back to the 1950’s.
Women need to be thinking — and acting — for the long-term, not just for this year’s elections or next year’s. We need to be preparing for the next president, and the ones after that. That’s what our adversaries have been doing.
As the grassroots arm of the women’s movement, NOW is strong and getting stronger. We are focusing our power — the power of a whole lot of pissed-off women — identifying targets and achieving goals.
As we look towards the 2014 elections, we know that the stakes couldn’t be higher. The radical fringe that controls the Republican party is chomping at the bit for a replay of 2010, and this time they mean to take over the Senate as well as the House.
The Supreme Court has just made our job harder by eviscerating Section 5 of the Voting Rights Act. Now dozens of state and local jurisdictions, freed from having to pre-clear changes in their voting laws with the U.S. Department of Justice, will race to erect new barriers against voting by such “undesirable” voters as people of color, seniors, immigrants and younger citizens.
We are committed to restoring the Act, and correcting the Supreme Court’s sordid attempt to enhance the political power of those who already have so much.
Beyond our electoral challenges, NOW is doubling down on fighting for women’s economic security. We support the initiative launched last week by House Democratic Leader Nancy Pelosi, Rep. Rosa DeLauro (D-CT), Congresswoman Doris Matsui (D-CA), Congresswoman Donna Edwards (D-MD), and House Democratic women to address real economic needs facing women and families: ensuring equal pay for equal work, promoting work and family balance, and providing access to quality, affordable child care.
It’s called When Women Succeed, America Succeeds: An Economic Agenda for Women and Families.
As Congresswoman Rosa DeLauro said,
Women are really struggling financially. They are looking for an increase in the minimum wage and equal pay, so they can raise their income, support their families and have a chance for a better life. So today, 165 years after the Women’s Rights Convention at Seneca Falls, we are launching a woman’s economic agenda to address these severe financial pressures. Raising wages for millions of struggling women is central to ensuring work pays for them and their families. Closing the wage gap, increasing the minimum wage, expanding educational opportunities and supporting women entrepreneurs are crucial to making sure that women — and America — succeed.
Of course, wage security isn’t the only linchpin of economic equality for women. We need access to the full range of reproductive health services, because, as this Valerie Tarico column in the Huffington Post says, “Anybody who says that talking about reproductive rights is a distraction from talking about economics is not running the numbers.”
Unintended pregnancies push women out of the workforce, keep women from earning their full potential as business leaders, contribute to absenteeism and lost wages and throw state and federal budgets out of whack. According to the Guttmacher Institute, every public dollar spent on contraception saves three dollars that would otherwise be spent on Medicaid payments for pregnancy-related and newborn care.
Another enormous economic burden facing women is the crushing cost of student loans. As Elizabeth Warren, the sponsor of the Bank on Student Loan Fairness Act has said,
Students owe more than $1 trillion in student loan debt — more than all the credit card debt in the entire country. But they didn’t go on a shopping spree at the mall–they did exactly what we told them to do. They worked hard, they played by the rules, and they got an education.
As I wrote in this column for the Huffington Post, because women are paid less than men are paid after college, student loan repayments eat up a larger part of women’s earnings.
Like a bad penny, economic insecurity follows women through school, in the workplace, at home, and far too often, in what should be a safe and secure retirement.
This year, we are rolling out NOW’s Campaign to Break the Social Security Glass Ceiling to add a good offense to our ongoing defense against cuts in this crucial program.
We are calling for a range of improvements in benefits for women — including a caregiver credit, so women will no longer be penalized in their retirement years for having dropped out of the paid workforce to care for children or family members; a higher minimum benefit for low-wage workers (who are, very disproportionately, women); modernized rules for divorced and widowed spouses; and equal treatment for same-sex couples and their families — and we show how to pay for it by requiring the wealthiest to pay their fair share into the system.
Simultaneously, our national action campaign to Let Them Put a Ring On It expands and deepens NOW’s commitment to achieving equal marriage rights in all states, at all levels of government. We’ll engage NOW’s chapter leaders and activists to press for passage of the Respect for Marriage Act, which would repeal DOMA including the provisions not struck down by the Supreme Court. And we’ll ramp up our work with coalition partners in key states to reverse anti-marriage measures and pass laws recognizing the full rights of loving, committed same-sex couples.
As NOW feminists, our goal is nothing short of radical inclusiveness, as we work to build an organization, a movement, and a society that values diversity and upholds respect for every single woman and girl, no matter where she comes from, what she looks like, where she works or who she loves. We are stronger together, and united for equality.
By: Terry O’Neill, President, National Organization for Women; The Huffington Post Blog, August 5, 2013
“The New GOP Confederacy”: The US Civil War Is Playing Out Again
Nearly 150 years after the end of the US civil war, the South and the federal government are poised for a rematch over the voting rights of black Americans, and ultimately over the fundamental rights of all Americans. Once again, the former Confederate states are determined to defend their traditions and way of life, while the Union forces in the North – the federal government – are positioning themselves to defend justice and equality.
But this time, in an ironic twist, two black men – President Barack Obama and Attorney General Eric Holder – are leading the charge.
In the 1860s, the fight between the North and the South was about slavery and the right of the Confederate states to maintain a dreaded institution that kept people of African descent in bondage. Unprecedented carnage resulted.
A century later – in light of the 1954 US supreme court decision in Brown v Board of Education of Topeka, which ended racial segregation in public schools – the South struggled to maintain a Jim Crow system that kept black people legally and politically impotent, all in the name of states’ rights.
Two hallmarks of the civil rights movement are the Civil Rights Act of 1964 and Voting Rights Act of 1965. Passed by Congress and signed into law by President Lyndon Johnson, the legislative victories were achieved only through the blood of civil rights workers, both black and white, who were beaten, sprayed with fire hoses, shot, firebombed, bitten by police dogs and lynched.
The purpose of the Voting Rights Act was to apply a nationwide ban against discriminatory election practices such as literacy tests. The existing anti-discrimination laws, Congress concluded, were insufficient to overcome the Southern states’ resistance to the Fifteenth Amendment.
In June 2013, the nation’s high court cut the voting law at its knees in Shelby County v Holder when it eviscerated the key component of the act – the section 4 preclearance requirement – which determined which states must receive approval from a federal court or the Justice Department before making changes to their voting procedures. The act applied to nine states – Alabama, Alaska, Arizona, Georgia, Louisiana, Mississippi, South Carolina, Texas and Virginia – and various other localities and counties across the country.
In the second decade of the 21st century, the latest battle centers around southern states with a history of voting rights violations, and currently exhibit the most anti-black, racist sentiment. These states want to employ restrictive and racially discriminatory voter suppression methods such as voter ID. This time, the Republican party has replaced the Dixiecrats as the party of white supremacy and the old Confederacy, of racial discrimination and voter suppression. And Holder has decided to make an example of Texas, firing the first shot at the Lone Star state.
Within 24 hours of the high court decision, five states – Alabama, Mississippi, South Carolina, Texas and Virginia – decided to move forward with their voter ID laws. They required preclearance under section 4, which no longer exists. Moreover, Holder and a federal court had already blocked the South Carolina and Texas voter ID laws because they violated the Voting Rights Act.
Florida has resumed its purge of Hispanic voters following the supreme court decision, and after a federal court lifted a ban on removing potential non-US citizens from the rolls. North Carolina Governor Pat McCrory is about to sign into law the nation’s most restrictive voter suppression measure, though, he admits he has not read the provision prohibiting 16- and 17-year-olds from pre-registering to vote. The law also eliminates same-day registration, cuts early voting by a week and requires government-issued ID to vote. According to the North Carolina secretary of state, voter ID laws are having a disproportionate impact on Democratic voters and voters of color.
SB 14, the Texas voter ID law considered the most severe in the US at present, requires Texans to prove their citizenship and state residency in order to vote, using a passport, military ID or birth certificate if they lack a driver’s license, concealed handgun license or photo ID. In 2012, a federal court struck down the Texas law on the grounds that:
The implicit costs of obtaining SB 14-qualifying ID will fall most heavily on the poor and that a disproportionately high percentage of African Americans and Hispanics in Texas live in poverty. … We therefore conclude that SB 14 is likely to lead to ‘retrogression in the position of racial minorities with respect to their effective exercise of the electoral franchise.’
Yet, in light of the Shelby County decision, the Supreme Court discarded the lower court’s Texas voter ID ruling, and threw out a ruling that found Texas’ state redistricting maps were “enacted with discriminatory purpose” and diluted the Latino vote. Although Latinos made up nearly 40% of the Texas population in the 2010 census and accounted for 65% of the growth in the state population, Texas Republicans essentially pretended Texas is a white state. The GOP kept Latinos and black voters out of the redistricting process, added only one minority district, and manipulated an electoral map “that would look Hispanic, but perform for Anglos”.
In addition, the court found that 603,892 to 795,955 Latino voters in Texas lacked voter identification – as Texas Republicans had intended. Student IDs are not adequate identification at the polls, but gun permits are acceptable, reflected a preference for Republican constituents.
Holder announced he would ask a federal court to force the state to continue to receive permission to make changes to its voting laws. The Justice Department has requested that a federal court impose an additional 10 years of preclearance.
Governor Rick Perry said in a statement:
This end run around the supreme court undermines the will of the people of Texas, and casts unfair aspersions on our state’s common-sense efforts to preserve the integrity of our elections process.
Greg Abbott, the Texas state attorney general, accused Holder of “sowing racial divide” and tweeted “I’ll fight #Obama’s effort to control our elections & I’ll fight against cheating at ballot box.” Conservative proponents of voter ID measures invoke the specter of voter fraud and the need to protect the integrity of elections as justifications for the legislation. However, voter fraud is exceedingly rare, and about as infrequent as death by lightning strikes, according to the Brennan Center for Justice at New York University School of Law.
Rather, white southern Republicans enact voter ID laws because they do not want Democratic constituencies to vote, particularly people of color. Rather than embrace the changing demographics in the US and adopt platforms to address the needs and concerns of voters of color, Republicans have chosen to eschew these voters and wage an assault on civil rights, immigration and policies of diversity and inclusion. This is the endgame for the Republican Southern Strategy of race card politics. The GOP was able to win elections on the margins by appealing to the racial insecurities of disaffected working class whites. In the process, southern whites fled the Democratic party, and the GOP became the party of the white South. Now, this marginalized base of angry white voters is all that is left of the Republican strategy and of the GOP as well, so Republicans must remove the segments of the electorate that will not vote for them.
Last year, President Bill Clinton said:
Do you really want to live in a country where one party is so desperate to win the White House that they go around trying to make it harder for people to vote if they’re people of color, poor people or first generation immigrants? … This is not complicated – America is becoming more diverse and younger and more vibrant. We’re younger than Europe, we’re younger than Japan and in 20 years, we’ll be younger than China.
In the South, dramatic Latino population growth has the potential to realign politics. The Obama administration’s decision to attack the war on voting rights, starting with Texas, is a wise move that will energize his diverse coalition of supporters. The Lone Star state – a red state, yet a majority-minority state – represents the future of the US. More than 55% of Texans are minorities, and only 30% of children under 5 in Texas are non-Hispanic whites. Demographic realities will one day betray GOP racial gerrymandering tactics, inevitably making way for a blue state.
Meanwhile, July marked the 150th anniversary of the Second Battle of Fort Wagner in Charleston Harbor, South Carolina. The Union army – led by black troops from the 54th Massachusetts regiment – failed to retake the fort, and the Confederate army won the battle.
But ultimately, two years later, the Union army won the war.
By: David A. Love, The Guardian, August 2, 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
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