“Foul Subterfuge”: A GOP Witch Hunt For The Zombie Voter
Republicans are waging the most concerted campaign to prevent or discourage citizens from exercising their legitimate voting rights since the Jim Crow days of poll taxes and literacy tests.
Four years ago, Democrats expanded American democracy by registering millions of new voters — mostly young people and minorities — and persuading them to show up at the polls. Apparently, the GOP is determined not to let any such thing happen again.
According to the nonpartisan Brennan Center for Justice at New York University, which keeps track of changes in voting laws, 22 statutes and two executive actions aimed at restricting the franchise have been approved in 17 states since the beginning of 2011. By the center’s count, an additional 74 such bills are pending.
The most popular means of discouraging those young and minority voters — who, coincidentally, tend to vote for Democrats — is legislation requiring citizens to show government-issued photo identification before they are allowed to cast a ballot. Photo ID bills have been approved by Republican-controlled legislatures in Alabama, Kansas, Pennsylvania, South Carolina, Tennessee, Texas and Wisconsin, and by referendum in Mississippi. Only one state with a Democratic-controlled legislature — Rhode Island — passed a law requiring voters to produce identification, and it does not mandate a government ID with a photo. In Virginia, Republican Gov. Bob McDonnell has not decided whether to sign a voter ID bill the legislature sent to his desk.
In theory, what could be wrong with demanding proof of identity? In the real world, plenty.
As Republican strategists are fully aware, minorities are overrepresented among the estimated 11 percent of citizens who do not have a government-issued photo ID. They are also painfully aware that, in 2008, President Obama won 95 percent of the African American vote and 67 percent of the Hispanic vote. It doesn’t take a genius to do the math: If you can reduce the number of black and Latino voters, you improve the Republican candidate’s chances.
If photo ID laws were going to be the solution, though, Republicans had to invent a problem. The best they could come up with was The Menace of Widespread Voter Fraud.
It’s a stretch. Actually, it’s a lie. There is no Widespread Voter Fraud. All available evidence indicates that fraudulent voting of the kind that photo ID laws would presumably prevent — someone shows up at the polls and votes in someone else’s name — just doesn’t happen.
For a while, the GOP pointed to South Carolina, where Republican Gov. Nikki Haley said that “dead people” had somehow cast ballots in recent elections. But then the state’s election commission investigated claims of 953 zombie voters and, um, well, never mind.
The number of voters came from a crude comparison of records done by the state’s Department of Motor Vehicles. The elections commission actually found 207 contested votes. Of that total, 106 reflected clerical errors by poll workers, 56 reflected errors by the motor vehicles department, 32 involved people who were mistakenly listed as having voted, and three involved people who had cast absentee ballots and then died before Election Day.
That left 10 contested votes — count ’em, 10 — that could not be immediately resolved. However, the commission found no evidence of fraud. Or of zombies.
Of course, there are other potential kinds of electoral fraud; crooked poll workers, for example, could record votes in the names of citizens who actually stayed home. Election officials could design ballots in a way that worked to a specific candidate’s advantage or disadvantage (see Florida, 2000). But none of this would be prevented by photo ID, which still hasn’t found a problem to solve — except, perhaps, an excess of Democratic voters.
Even more sinister are new laws, such as in Florida, that make it much more difficult for campaigns — or anyone else — to conduct voter-registration drives. If you thought Republicans and Democrats agreed that more Americans should register to vote, you were sadly mistaken.
Florida requires that groups conducting registration drives be vetted and that registration forms be submitted within 48 hours of when they are signed — an onerous and unnecessary burden that only serves to hamper anyone seeking to expand the electorate. Let’s see, who might try to do such a thing? The Democratic Party, maybe? The Obama campaign?
In the name of safeguarding the sanctity of the ballot, Republicans are trying to exclude citizens they consider likely to vote for Democrats — the young, the poor, the black and brown. Those who love democracy cannot allow this foul subterfuge to succeed.
By: Eugene Robinson, Opinion Writer, The Washington Post, April 30, 2012
“Let My People Vote”: David Axelrod To Republicans On Election Engineering
Barack Obama’s former right-hand man accused Republicans of passing laws to shut out Democrats from voting in the next presidential election. “There’s no doubt that Republican legislatures and governors across this country have made an attempt to try to win the elections in 2012 and 2011 by passing laws that are restrictive, that are meant to discourage participation, particularly by key constituencies that have voted Democratic in the past,” said David Axelrod, former White House official and current senior advisor to the Obama campaign.
The comments were made in an online Q&A following the premiere of “The Road We Traveled,” a 17-minute film directed by David Guggenheim and produced by the Obama campaign. Questions were submitted over Twitter, and the topics ranged from how the president will handle Iran to whether Axelrod ever got in arguments with fellow senior advisor David Plouffe. The final question posed to Axelrod was about the string of laws Republican state legislatures have passed over the past year that will restrict access to the ballot in the name of combating voter fraud.
“The bottom line is we’re going to have to fight this in every state,” he said, “with every set of rules through organization, through commitment on the part of the campaign but also on individuals to find out exactly what the rules are in their state.” Axelrod and fellow Obama staffer Mitch Stewart then touted GottaRegister, a website started by the Democratic National Committee that helps voters register and navigate their local voting laws.
Seven states have passed strict voter ID laws since the 2010 midterm elections, though some of those have been held up after objections from the Department of Justice.
Immediately after taking power, newly elected Republican majorities in state legislatures rushed to combat voter fraud, a constant fear among the conservative base. But research has shown that these laws—and other restrictive voting measures such as repealing same-day registration or cutbacks on early voting—will make it incredibly difficult for certain groups of citizens to cast a ballot: senior citizens, racial minorities, the poor, and the young.
Republicans claim that it is just a coincidence that these groups targeted by the bill happen to vote consistently for Democrats. But Axelrod didn’t mince words about Republicans’ intentions. “We’re going to thwart this cynical attempt to depress voter turnout,” he said in the video. “The difference between our party and their party is we’d be comfortable if every single American who was qualified to vote did vote. We think that’d be a great thing for this country.”
By: Patrick Caldwell, The American Prospect, March 16, 2012
“Making Exceptions To The Right To Vote”: Bad News For Voting Rights In Swing States
Pennsylvania is a large, crucial swing state that leans a bit more Democratic than its neighbor Ohio. President Obama must win Pennsylvania if he is to retain the White House. That’s about to become more difficult.
Republicans in Pennsylvania’s state Senate passed a bill Wednesday—on a mostly party-line vote—to require that voters show photo identification in order to vote. Governor Tom Corbett, a Republican, supports the bill and will sign it into law once the Republican-controlled state House of Representatives passes it. Voter identification laws disenfranchise those without a photo ID. Multiple studies have shown that people without IDs are more likely to belong to a Democratic-leaning constituency, such as low-income, minority or young voters. It can also fall especially hard on people with disabilities and the elderly. That’s why Democrats oppose such a law. And as the Associated Press reports, “Counties, civil liberties advocates, labor unions, the AARP and National Association for the Advancement of Colored People also objected to the bill.”
The AP also notes, “The County Commissioners Association of Pennsylvania has warned lawmakers that adding the additional step of requiring poll workers to check photo IDs will create longer Election Day lines at polling places.” Long lines at polling booths can cause people to give up and go home. That happened in many Ohio polling places in 2004. Some experts, such as Mark Crispin Miller of New York University, argue that those problems in Ohio may have thrown the election to President Bush.
The Pennsylvania bill is actually more moderate than many of its progenitors in states such as Georgia. Valid identification includes a student ID card from a Pennsylvania college or university, identification from a personal care home or employee cards for county or municipal workers. Voters without identification will be able to cast provisional ballots. However, they would then have to return within six days to prove their eligibility. Such an onerous burden will often go unmet, meaning votes will be thrown out.
Pennsylvania would become the third-largest state, after Texas and Florida, to require voters to produce photo identification. Florida is another large, important swing state. Voting rights have long been a contentious issue in Florida. Many Democrats and civil rights leaders believe that Governor Jeb Bush’s administration allowed George W. Bush to beat Al Gore in Florida in 2000 by ordering a purge of the names of felons from voting rolls. Such purges often ensnare legitimate voters with the same names and prevent them from voting. Thanks to the War on Drugs, felons in Florida are disproportionately black and Latino, as are people with the misfortune to share their names.
African-American Democratic state senators in Florida are trying to find ways to expand opportunities for citizens to vote, but Republicans are stymieing them. As the Miami Herald reported on Wednesday:
Deciding that the proposal was off topic, Senate leaders refused to allow African-American senators to tag a proposal expanding early voting onto voter identification legislation.
Sen. Chris Smith, D-Ft. Lauderdale, filed an amendment to HB 1461 that would have given counties the option of opening early voting locations on the Sunday before an election day. Last year, the Legislature approved sweeping new election law that, among other things, limited early voting hours and prohibited early voting within 72 hours of an election.
Don’t worry, though, that Florida Senate Republicans have abandoned civil rights altogether. They made sure to amend the bill to prevent voting clerks from scanning the photo IDs they require voters to show. As the Herald reports:
Senators approved a different amendment sponsored by Sen. Joe Negron, R-Stuart. That proposal allows voters to opt out of having their driver licenses scanned at the polls.
The state’s supervisors of elections requested the option of scanning licenses, saying it will expedite the registration process during high-turnout election days. But Negron said civil liberties were at stake and people should be allowed to vote without potentially giving poll workers access to private information.
“This is the defining moment of the Libertarian caucus of the Senate,” Negron said while urging senators to approve his amendment.
It passed on a voice vote, eliciting cheers from conservative senators.
“Freedom,” Sen. Don Gaetz, R-Niceville, shouted after the vote while pumping his fists in the air.
This is a twofer for Republicans: they get to pose as defenders of small government, while ensuring long lines thanks to the ID requirement. Tea Party Republicans say they support civil liberties, but they make a big exception for the right to vote.
By: Ben Adler, The Nation, March 8, 2012
Election Day Registration, No Photo ID Requirement Will Help Boost Turnout In Tomorrow’s Iowa Caucuses
Tomorrow, when Iowa Republicans gather across the state to vote on their party’s presidential nominee, one important tool will be available to boost turnout: election day voter registration.
Though Iowa, unlike most states, permits those who haven’t registered (or just need to update their file after a move, for instance) before election day to do so when they show up at their precinct during regular elections, the Huffington Post notes that the Iowa GOP is in charge of setting the rules for its own caucuses.
Despite nationwide efforts to make voting more difficult, the Republican Party of Iowa decided to buck the trend and allow for on-site registration. In doing so, however, they necessarily undercut the argument being made by GOPers in many other states that election day registration (EDR) invites fraud. (Of course, voters are 39 times more likely to be struck by lightning than commit fraud at the polls, and EDR actually helps prevent already-miniscule levels of fraud.)
Residents of just nine states currently enjoy EDR: Idaho, Iowa, Maine, Minnesota, Montana, New Hampshire, North Carolina, Wisconsin, and Wyoming. However, in a number of these states, the GOP-led war on voting has targeted EDR for repeal, most notably in Maine. Republicans in the Maine legislature passed a bill ridding the state of EDR, only to see the popular program reinstated by referendum in November by an overwhelming 61%-39% margin.
Election day registration will certainly help boost participation in tomorrow’s Iowa caucuses. A 2001 study found that states which employ election day registration (EDR) boost their voter turnout rate by 7 percentage points, without partisan gain for either side. The study found that poorer and less educated voters benefited the most from EDR. ThinkProgress spoke with a number of Maine voters who also lauded the ability to update their registration if they’ve recently moved, particularly because most residents are at work during the day and unable to visit the election clerk during normal business hours.
Had the Iowa GOP followed the lead of their brethren in Maine and elsewhere, thousands of Iowans who will cast their vote tomorrow with the help of election day registration could have been turned away from the polls.
Update
Brad Friedman also points out that the Republican caucuses will not require voters to present a photo ID in order to cast their ballot, a requirement GOPers around the country pushed vigorously in 2011.
By: Scott Keyes, Think Progress, January 1, 2011
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
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