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
How Southern Republicans Aim To Make White Democrats Extinct
State Rep. Stacey Abrams serves as the Georgia House Minority Leader.
Across the state, legislative maps are drawn to split voters along artificial lines to isolate them by race. Legislators see their districts disappear, themselves the target of racial gerrymandering. Citizens rise up in protest and demand the right to elect the candidate of their choice, but the ruling party ignores them. Racial groups are identified and segregated; their leadership eliminated. It is the way of the South. Only this isn’t 1964, the year before the signing of the Voting Rights Act. This is Georgia in 2011.
But this time, the legislators at risk are white men and women who have had the temerity to represent majority African-American districts, and Latino legislators who spoke up for their growing Hispanic population. In crossover districts, where whites and blacks have worked together for decades to build multi-racial voting coalitions, the new district maps devised by the Republican majority have slashed through those ties with speed and precision. If the maps proposed by the GOP in Georgia stand, nearly half of the white Democratic state representatives could be removed from office in one election cycle. Call it the “race card”—in reverse.
Reapportionment is a dangerous business. Once every 10 years, the naked ambition of political parties wars with the dwindling hope of voters that this time their voices will be heard. In the South, the voting lines traditionally aimed for specific targets—racial discrimination that purged minorities, diminishing their numbers and political power. If a legislator had the poor fortune to be of the wrong race, that district would disappear for a decade or more. The voters who relied on you would find themselves isolated and polarized, the victims of racial gerrymandering.
For most of the nation, the battle lines are drawn by partisan leaders who search for the sinuous lines that will connect like-minded voters to one another and disadvantage those who have shown a preference for the other side. That, as they say, is Politics 101.
But for a handful of states, the stakes are higher. Below the Mason-Dixon Line and scattered across the country, a legacy of poll taxes and literacy tests required a special remedy—Section 5 of the Voting Rights Act of 1965. The Voting Rights Act has a simple goal—integrate the voting of minorities into the fabric of our democracy. For any state held to its obligations, no changes can be made to election laws without pre-clearance by the Justice Department. In the last decade, the minority population across the South has increased, and by any measure, the Voting Rights Act has been the engine of racial progress.
In Georgia, the gains made under the Act are undeniable. Districts populated predominately by African-Americans have routinely elected white legislators to speak for them. In enclaves across the state, white voters have punched their ballots to elect African-American and Latino representatives. Crossover districts, where blacks and whites and Latinos co-mingle, have grown in prominence–combining with majority-minority districts to comprise nearly 35 percent of the House of Representatives.
In 2011, Georgia should stand as a model for the South and a beacon for those who believe in the rights of voters. However, based on the maps passed last week by the Republican majority, we are in danger of returning to 1964.
Redistricting is fundamentally about voters, and in Georgia, minority voters comprise fully 42 percent of the population. More importantly, these populations have aligned themselves with majority white constituents to demonstrate political power. Under the proposal, Republicans will pair 20 percent of Democrats and 7 percent of Republicans in the state House and eliminate the sole remaining white Democrat in Congress from the Deep South. The House pairings pit black Democrats against white Democrats in four contests, white against white in another and eliminate multi-racial coalition voting across the state. When the dust settles, between pairings and the creation of GOP-leaning districts, Republicans stand to knock off 10 white Democrats—half the total number. They will pick up seven new seats, for a total of 123 Republican seats, 56 Democratic seats and one Independent. This will give Republicans a constitutional majority in the state of Georgia; in other words, they will be able to pass any piece of legislation without opposition.
Let’s be clear. It is absolutely the prerogative of the majority party to maximize its political gains. No one questions the right of the GOP to draw as many districts as it can legally muster. The issue is not whether the GOP can increase its hold, but how.
The GOP’s newly drawn voting lines in the state of Georgia reveals a pernicious new cynicism in our politics—the use of the Voting Rights Act as a weapon to destroy racial, ethnic, and gender diversity. It is no consolation if individual black legislators benefit in the GOP’s new scheme. The Voting Rights Act was never intended to protect a particular minority. Indeed, the highest goals of the Act, one of modern America’s most progressive pieces of legislation, was to encourage multi-racial cooperation and understanding. Precisely, what we in Georgia have begun to achieve. More alarmingly, this new strategy targeting white legislators is not limited to our state. If effective here, the cradle of the civil rights movement, the strategy is expected to be implemented in mid-term redistricting across the South. Republican lawmakers in Alabama, Louisiana, North and South Carolina, Mississippi, and Virginia are watching closely.
Today, we all decry a national partisanship that seems unhealthy and corrosive. But there is nothing wrong with partisanship, when it is a battle of ideas. The Voting Rights Act is intended to ensure that differing ideas be heard, that no single voice drown out the rest. Sadly, that is not what we see rising in the South. The Voting Rights Act is in danger of not protecting the promise of a new day, but becoming a new tool in the politics of destruction.
By: Stacey Abrams, Georgia House Minority Leader, Published in U. S. News and World Report, September 19, 2011
The GOP Assault On Voting Rights: A Poll Tax By Another Name
AS we celebrate the Martin Luther King Jr. Memorial, we reflect on the life and legacy of this great man. But recent legislation on voting reminds us that there is still work to do. Since January, a majority of state legislatures have passed or considered election-law changes that, taken together, constitute the most concerted effort to restrict the right to vote since before the Voting Rights Act of 1965.
Growing up as the son of an Alabama sharecropper, I experienced Jim Crow firsthand. It was enforced by the slander of “separate but equal,” willful blindness to acts of racially motivated violence and the threat of economic retaliation. The pernicious effect of those strategies was to institutionalize second-class citizenship and restrict political participation to the majority alone.
We have come a long way since the 1960s. When the Voting Rights Act was passed, there were only 300 elected African-American officials in the United States; today there are more than 9,000, including 43 members of Congress. The 1993 National Voter Registration Act — also known as the Motor Voter Act — made it easier to register to vote, while the 2002 Help America Vote Act responded to the irregularities of the 2000 presidential race with improved election standards.
Despite decades of progress, this year’s Republican-backed wave of voting restrictions has demonstrated that the fundamental right to vote is still subject to partisan manipulation. The most common new requirement, that citizens obtain and display unexpired government-issued photo identification before entering the voting booth, was advanced in 35 states and passed by Republican legislatures in Alabama, Minnesota, Missouri and nine other states — despite the fact that as many as 25 percent of African-Americans lack acceptable identification.
Having fought for voting rights as a student, I am especially troubled that these laws disproportionately affect young voters. Students at state universities in Wisconsin cannot vote using their current IDs (because the new law requires the cards to have signatures, which those do not). South Carolina prohibits the use of student IDs altogether. Texas also rejects student IDs, but allows voting by those who have a license to carry a concealed handgun. These schemes are clearly crafted to affect not just how we vote, but who votes.
Conservative proponents have argued for photo ID mandates by claiming that widespread voter impersonation exists in America, despite overwhelming evidence to the contrary. While defending its photo ID law before the Supreme Court, Indiana was unable to cite a single instance of actual voter impersonation at any point in its history. Likewise, in Kansas, there were far more reports of U.F.O. sightings than allegations of voter fraud in the past decade. These theories of systematic fraud are really unfounded fears being exploited to threaten the franchise.
In Georgia, Florida, Ohio and other states, legislatures have significantly reduced opportunities to cast ballots before Election Day — an option that was disproportionately used by African-American voters in 2008. In this case the justification is often fiscal: Republicans in North Carolina attempted to eliminate early voting, claiming it would save money. Fortunately, the effort failed after the State Election Board demonstrated that cuts to early voting would actually be more expensive because new election precincts and additional voting machines would be required to handle the surge of voters on Election Day.
Voters in other states weren’t so lucky. Florida has cut its early voting period by half, from 96 mandated hours over 14 days to a minimum of 48 hours over just eight days, and has severely restricted voter registration drives, prompting the venerable League of Women Voters to cease registering voters in the state altogether. Again, this affects very specific types of voters: according to the nonpartisan Brennan Center for Justice, African-Americans and Latinos were more than twice as likely as white voters to register through a voter registration drive.
These restrictions purportedly apply to all citizens equally. In reality, we know that they will disproportionately burden African Americans and other racial minorities, yet again. They are poll taxes by another name.
The King Memorial reminds us that out of a mountain of despair we may hew a stone of hope. Forty-eight years after the March on Washington, we must continue our work with hope that all citizens will have an unfettered right to vote. Second-class citizenship is not citizenship at all.
We’ve come some distance and have made great progress, but Dr. King’s dream has not been realized in full. New restraints on the right to vote do not merely slow us down. They turn us backward, setting us in the wrong direction on a course where we have already traveled too far and sacrificed too much.
By: Rep John Lewis, Op-Ed Contributor, The New York Times, August 27, 2011
The World According To Clarence Thomas And Ayn Rand
The Los Angeles Times highlights some of Justice Clarence Thomas’s more extreme solo opinions, most of which seem to be rooted in this: every year Thomas has his new clerks come to his home to watch a movie—”the 1949 film version of the classic of libertarian conservatism, Ayn Rand’s The Fountainhead.”
Explains a lot, and not just his willingness to be the only (often crazy) dissenter on key cases.
Among them, he has declared that the Constitution gives states a right to establish an official religion. Prisoners, he wrote, have no constitutional right to be protected from beatings by guards. Teenagers and students have no free-speech rights at all, he said in an opinion Monday, because in the 18th century, when the Constitution was written, parents had “absolute authority” over their children.Two years ago, the court ruled that a school official could not strip-search a 13-year-old girl to look for two extra-strength ibuprofen pills. Thomas — alone — dissented, calling the search of her underwear “reasonable and justified.”
Alone, he voted to strike down a key part of the Voting Rights Act that is credited with giving blacks political power in the South. And he was the lone justice to uphold the George W. Bush administration’s view that an American citizen could be held as an “enemy combatant” with no charges and no hearing….
“He is the most radical justice to serve on the court in decades,” said Erwin Chemerinsky, dean of the UC Irvine Law School and a liberal constitutional scholar. He “would change the law dramatically and give little weight to precedent. It’s easy to overlook how radical [he is] because his are usually sole opinions that do not get attention.”
He’s the Federalist Society’s dream Justice, a true “constitutional conservative.” Ed Kilgore writes about the radicalism of the movement in reference to Michele Bachmann, but it’s applicable here.
…[C]onstitutional conservatives think of America as a sort of ruined paradise, bestowed a perfect form of government by its wise Founders but gradually imperiled by the looting impulses of voters and politicians. In their backwards-looking vision, constitutional conservatives like to talk about the inalienable rights conferred by the Founders—not specifically in the Constitution, as a matter of fact, but in the Declaration of Independence, which is frequently and intentionally conflated with the Constitution as the part of the Founders’ design. It’s from the Declaration, for instance, that today’s conservatives derive their belief that “natural rights” (often interpreted to include quasi-absolute property rights or the prerogatives of the traditional family), as well as the “rights of the unborn,” were fundamental to the American political experiment and made immutable by their divine origin….The obvious utility of the label is that it hints at a far more radical agenda than meets the untrained eye, all the while elevating the proud bearer above the factional disputes of the conservative movement’s economic and cultural factions.
On the economic side of the coin, most mainstream politicians are not going to publicly say that the monstrosities they associate with ObamaCare, “redistribution of wealth,” or Keynesian stimulus techniques are rooted in their desire to reverse the New Deal, as well as a long chain of Supreme Court decisions that also happened to make possible the abolition of segregation. But many conservative activists actually think that way, and have in mind as their goal nothing so modest as a mere rollback of federal social programs to the levels of the Bush or even the Reagan administration. Bachmann and other candidates can talk to most voters as though they are simply trying to defend America from a vast overreach by the 44th president. But to the radicalized conservative base that dominates contests like the Iowa Caucuses, the constitutional conservative label hints broadly at a more audacious agenda ultimately aimed at bringing back the lost American Eden of the 1920s, if not an earlier era.
It’s an interesting concept for Thomas to align with, given that he would have been considered only 3/5ths of a man “in the 18th century, when the Constitution was written.” Or perhaps he’s interpreting it as three out of five African-Americans being counted, and assuming he’d of course be among the three. Of course, if we returned to his preferred era of governance, he could be in prison on the basis of his marriage alone. And it’s a pretty safe bet, had so many of the laws he has dissented from so strenuously not been passed and upheld, the last place he’d find himself now is on a seat in the highest court of the land.
All of which would only be an interesting quirk of Thomas’s personality if he weren’t part of an increasingly extreme majority on the court, manifesting this hard-right, highly corporatist, and dangerous philosophy. That he’s guided by Ayn Rand should be enough to put his place on the court in question, if his ethical lapses alone weren’t enough to do so.
By: Joan McCarter, Daily Kos, July 5, 2011
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