From Alternet:
By Scott Keyes and Ian Millhiser and Tobin Van Ostern and
Abraham White, Center for American Progress
Posted on April 4, 2012, Printed on April 9, 2012
© 2012 Center for American Progress All rights reserved.
http://www.alternet.org/election2012/154842/voter_suppression_101%3A_how_conservatives_are_conspiring_to_disenfranchise_millions_of_americans/
http://www.americanprogress.org/issues/2012/03/pdf/voter_suppression.pdf
The right to vote is under attack all across our country. Conservative
legislators are introducing and passing legislation that creates new
barriers for those registering to vote, shortens the early voting
period, imposes new requirements for already-registered voters, and rigs
the Electoral College in select states. Conservatives fabricate reasons
to enact these laws -- voter fraud is exceedingly rare -- in their
efforts to disenfranchise as many potential voters among certain groups,
such as college students, low-income voters, and minorities, as
possible. Rather than modernizing our democracy to ensure that all
citizens have access to the ballot box, these laws hinder voting rights
in a manner not seen since the era of Jim Crow laws enacted in the South
to disenfranchise blacks after Reconstruction in the late 1800s.
Talk about turning back the clock! At its best, America has utilized the
federal legislative process to augment voting rights. Constitutional
amendments such as the 12th, 14th, 15th, 17th, 19th, 23rd, and 26th have
steadily improved the system by which our elections take place while
expanding the pool of Americans eligible to participate. Yet in 2011,
more than 30 state legislatures considered legislation to make it harder
for citizens to vote, with over a dozen of those states succeeding in
passing these bills. Anti-voting legislation appears to be continuing
unabated so far in 2012.
Unfortunately, the rapid spread of these proposals in states as
different as Florida and Wisconsin is not occurring by accident.
Instead, many of these laws are being drafted and spread through
corporate-backed entities such as the American Legislative Exchange
Council, or ALEC, as uncovered in a previous Center for American
Progress investigative report. Detailed in that report, ALEC charges
corporations such as Koch Industries Inc., Wal-Mart Stores Inc., and The
Coca-Cola Co. a fee and gives them access to members of state
legislatures. Under ALEC's auspices, legislators, corporate
representatives, and ALEC officials work together to draft model
legislation. As ALEC spokesperson Michael Bowman told NPR, this system
is especially effective because "you have legislators who will ask
questions much more freely at our meetings because they are not under
the eyes of the press, the eyes of the voters."
The investigative report included for the first time a leaked copy of
ALEC's model Voter ID legislation, which was approved by the ALEC board
of directors in late 2009. This model legislation prohibited certain
forms of identification, such as student IDs, and has been cited as the
legislative model from groups ranging from Tea Party organizations to
legislators proposing the actual legislation such as Wisconsin's Voter
ID proposal from Republican state Rep. Stone and Republican state Sen.
Joe Leibham.
Registering the poor "to vote is like handing out burglary tools to
criminals." --Conservative columnist Matthew Vadum
Similar legislation had been proposed during the early 2000s in states
such as Missouri, but the legislation frequently failed to be passed.
Seeking new avenues, the George W. Bush administration prioritized the
conviction of voter fraud to the point where two U.S. attorneys were
allegedly fired in 2004 for failing to pursue electoral fraud cases at
the level required by then-Attorney General John Ashcroft. In fact,
three years after first prioritizing election fraud in 2002, Ashcroft's
efforts had produced only 95 defendants charged with election-fraud,
compared to 80,424 criminal cases concluded in a given year.
These efforts were dismal in terms of effectiveness and convictions, but
news reports from 2007 pointed out that simply "pursuing an
investigation can be just as effective as a conviction in providing that
ammunition and creating an impression with the public that some sort of
electoral reform is necessary."
With this groundwork laid, ALEC today is spearheading these efforts
anew. These new anti-voting laws are being challenged legally by a
variety of nonpartisan organizations ranging from Rock the Vote to the
League of Women Voters to the Public Interest Research Group.
Additionally, the Department of Justice is reviewing some of the new
state laws for possible violations of the Voting Rights Act, which
freezes changes in election practices or procedures in nine southern
states due to their history of voter suppression in the past.
This issue brief focuses on both the current status of various
anti-voter measures throughout our country as well as the legal
challenges they face. Readers will learn how conservatives want to
return to past practices of voter suppression to preserve their
political power, and looks at several instances where progressives are
fighting back successfully.
Registration restrictions
Let's begin with voter registration restrictions. In a handful of
states, legislators aren't just making it more difficult to vote;
they're making it more difficult for citizens even to register in the
first place. Lawmakers in half a dozen states made a variety of changes
to the registration process in 2011. These include limiting when
citizens can register, restricting who is permitted to help them, and
implementing tougher bureaucratic requirements to register.
Nowhere has the war on registration been more controversial than the
state of Maine. Since 1973, Mainers have been permitted to register to
vote at the ballot box. For nearly 40 years, the system worked smoothly
-- separate lines for registering and voting are used to prevent
congestion -- and just two instances of voter fraud were found in the
entire span.
Nevertheless, when an unusually conservative group of lawmakers took
over both statehouse chambers and the governorship in 2010, one of their
primary orders of business was to repeal the state's law permitting
citizens to register on Election Day. Fortunately, in the ensuing weeks
citizens of the state rallied to collect tens of thousands of signatures
and force a vote on the matter. In November 2011, 61 percent of Mainers
rebuked the legislature and voted to restore Election Day registration
in their state.
"I don't want everybody to vote." --Heritage Foundation co-founder Paul
Weyrich
Alas, voting rights proponents in other states have not been as
successful. In Florida and Texas, for example, lawmakers succeeded in
placing onerous new restrictions on nonprofit organizations that help
register new voters. Voter registration drives by groups such as the
League of Women Voters have been a staple of our democracy for years,
helping thousands of citizens to register, regardless of their political
affiliation.
In the Sunshine State, however, those may now be a thing of the past.
Last July, the League of Women Voters announced it would no longer
operate in Florida because of new anti-voter legislation -- including
complicated new filing requirements and a mandate to submit completed
registration forms within 48 hours of completion or face a hefty fine --
made it nearly impossible for them to continue their work.
The Lone Star State also placed unnecessary new requirements on groups
and individuals interested in helping register others. Texas lawmakers
in May passed legislation requiring that people who help register
voters, known as volunteer deputy registrars, must also be eligible
Texas voters themselves. The new law has a number of unintended
consequences. For instance, legal permanent residents who are in the
process of obtaining their citizenship would be barred from learning the
political process by helping register others. Many such immigrants are
currently employed as deputy registrars; this new law would likely
result in their firing.
What's more, disabled Texans who are considered full guardians of the
state and ineligible to vote would be shut out as well. One disabled
gentleman had carried voter registration forms in his wheelchair for
years, eager to register others for a democratic process he himself
could not participate in. Under the new law, it would be illegal for him
to continue registering new voters. As of February 2012, Texas's new law
remains not in effect while the Justice Department determines whether it
complies with the Voting Rights Act.
Kansas, Alabama, and Tennessee took a slightly different route,
augmenting the required documentation necessary to register to vote.
Each passed laws requiring residents to prove their citizenship before
registering, either by presenting a birth certificate or passport. Less
than a third of Americans currently own a passport, and citizens who
don't have access to their birth certificate would be forced to pay for
one in order to vote -- an almost certain violation of the 24th
Amendment's ban on poll taxes. The problem is not small; at least 7
percent of Americans don't have easy access to a birth certificate or
similar citizenship document.
Arizona and Georgia also passed similar legislation prior to 2011. The
Justice Department is currently reviewing Georgia and Alabama's changes
for compliance with the Voting Rights Act, and Arizona's law is being
challenged in the Ninth Circuit Court of Appeals.
Residency restrictions
Another avenue where conservatives are proposing to limit voting rights
is tightening the residency requirements. The intended effect of these
measures is to make it difficult, if not impossible, for out-of-state
college students to vote where they attend school.
In Maine, young voters are being targeted even more brazenly. In
September 2011 Maine's secretary of state sent a threatening letter to
hundreds of college students who were legally registered to vote in the
state, implying that many of them were in violation of election law and
suggesting they correct this by unregistering in Maine. The list of
college students targeted for this letter came directly from the Maine
Republican Party Chairman, underscoring just how partisan the voter
suppression effort in Maine has become. New Hampshire is now considering
stricter residency requirements for Granite State voters as well.
All of this is especially surprising given the Supreme Court's decision
in Symm v. United States, where it upheld a lower court decision
establishing that states cannot place obstacles unique to college
students between those students and their right to vote.
Limiting early voting
Following widespread voting problems in the 2000 election that had
nothing to do with voter fraud -- from extraordinarily long lines to
hanging chads -- many states moved to ease the burden on clerks and
citizens by allowing people to vote prior to Election Day. Ohio and
Florida were the epicenter of these problems, and both states moved to
prevent similar problems in the future by allowing early voting.
Among conservatives, then-Florida Gov. Jeb Bush was a major proponent of
such reforms, calling them a "wonderful" way to "provide access to the
polls." As a result, over half of Sunshine State voters cast their
ballot before Election Day in 2008.
Yet three years later, lawmakers in the state moved to limit the
availability of early voting. In Florida voters had previously been
permitted two weeks of early voting prior to the election; lawmakers
rolled that back to eight days. Ohio lawmakers went even further,
reducing the state's early voting period from 35 days to just 11. Ari
Berman also notes in Rolling Stone that "both states banned voting on
the Sunday before the election -- a day when black churches historically
mobilize their constituents."
Other states have successfully rolled back their early voting periods as
well. Georgia reduced early voting from 45 to 21 days, Wisconsin
shortened their period by 16 days, West Virginia by five days, and
Tennessee by two.
In one bright spot, voting rights proponents in the Buckeye State are
fighting back against the new changes. Hundreds of thousands of Ohioans
signed a petition to hold a referendum on the voting changes, suspending
the law until voters decide its fate in November 2012.
Voter ID laws
The chief sponsor of Georgia's voter ID legislation, Rep. Sue Burmeister
(R-Augusta), told the Justice Department the bill would keep more
African Americans from voting, which was fine with her since "if there
are fewer black voters because of this bill, it will only be because
there is less opportunity for fraud."
The most common type of voter-related legislation in 2011 was the
mandate that individuals must show certain kinds of government-issued
photo ID at the polls before being allowed to vote. To date, Alabama,
Georgia, Indiana, Kansas, Missouri, Pennsylvania, Tennessee, Texas, and
Wisconsin have all passed such laws, and similar measures have been
proposed by 24 more.
But with more than 1 in 10 voters (over 21 million Americans) currently
lacking these photo IDs, it's clear that such laws could have a
disastrous effect. 20 Voter ID laws have the potential to exclude
millions of Americans, especially seniors, students, minorities, and
people in rural areas One example is Osceola, Wisconsin: A small town in
the northwestern part of the state with a population of under 3,000
people. The town is 30 minutes away from the nearest DMV offices and
both are rarely open.
Defenders of these laws claim they are necessary to prevent voter fraud.
In reality they are a solution in search of a problem. There's virtually
no such fraud in American elections -- and it's not even remotely close
to being the epidemic that some elected officials have made it out to
be. In the 2004 election, for example, about 3 million votes were cast
in Wisconsin -- only seven were declared invalid -- all of which were
cast by felons who had finished their sentences and didn't realize they
were still barred from voting. As a result, Wisconsin's overall fraud
rate came in at a whopping 0.00023 percent.
The only kind of voter fraud that is supposed to be prevented by these
laws is one voter impersonating another. Not only would impersonating
other voters one-by-one be an absurd strategy for stealing an entire
election, but the already-existing penalties -- five years in prison and
a $10,000 fine -- are doing an effective job at preventing such fraud.
Yet, while these laws would prevent few if any actual cases of voter
fraud, they could disenfranchise millions of ID-less voters. And they
are clearly illegal under longstanding voting rights law. The Voting
Rights Act not only forbids laws that are passed specifically to target
minority voters but also strikes down state laws that have a greater
impact on minority voters than on others. Because Voter ID laws
disproportionately disenfranchise minorities, they clearly fit within
the Voting Rights Act's prohibition.
Gaming the Electoral College
Pennsylvania Gov. Tom Corbett recently proposed changing the way his
state allocates electoral votes in a presidential election. Should his
proposal become law, it could alter the outcome in 2012 and
significantly increase the possibility that a candidate who loses the
popular vote in his state still receives more electoral votes overall.
Although the Constitution permits each state legislature to decide how
the winner of its electoral votes will be selected during a presidential
election, all but two of the states follow the same process -- whoever
wins the state as a whole receives all of that state's electoral votes.
The two remaining states, Maine and Nebraska, allocate one electoral
vote to the winner of each congressional district, plus two additional
votes to the overall winner of the state. Because these are both very
small states, however, their unusual process is unlikely to alter the
outcome of presidential elections.
The same cannot be said of Pennsylvania. As the nation's sixth most
populous state, Pennsylvania commands 20 electoral votes in the 2012
election. Gov. Corbett's proposal would allocate these votes according
to the Maine/Nebraska system, potentially swinging the election in the
process.
President Obama won Pennsylvania by more than 10 percentage points in
2008, but if Pennsylvania had allocated votes in the same way as Maine
and Nebraska then he would have only earned only more electoral vote
from the state than his opponent Sen. John McCain (R-Ariz.). In 2012
President Obama could win the state as a whole and still lose twelve of
the state's twenty electoral votes due to Pennsylvania's heavily
gerrymandered districts. This is more than enough to change the result
of next year's election. Consider that after the Supreme Court awarded
Florida's electoral votes to George W. Bush after the 2000 presidential
election. Bush received only five more electoral votes in 2000 than his
opponent Al Gore, who won the majority of the national popular vote.
Gov. Corbett's plan risks absurd results where the overall winner of a
state's popular vote becomes the loser of its electoral vote. Worse, it
undermines the legitimacy of any president who takes office solely due
to Pennsylvania conservatives gaming the Electoral College. Although the
Pennsylvania plan is probably constitutional, it is no less an attack on
our democratic system of government. The winner of the 2012 presidential
election should be the person chosen by the American people, not by
arbitrary differences between various states' election laws.
For the moment, Gov. Corbett's proposal appears to be dead due to
infighting between the proposal's supporters and some of Pennsylvania's
members of Congress in Washington who fear it could cause more campaign
resources to be directed toward their districts. There is nothing
preventing its supporters from reviving it -- potentially even on the
eve of the election -- should the 2012 election appear close enough to
be swung by manipulating the Electoral College.
Moreover, at least one Wisconsin lawmaker has jumped upon this proposal,
creating the risk that it could spread to other states. If similar swing
states, such as Florida or Michigan, took up this plan, it could
fundamentally transform the next election into a contest to see who can
best game the system.
Voter suppression in personal terms
In a representative democracy, it is important to point to individuals
who would be prevented from exercising their right to vote due to these
efforts at targeted voter suppression. Here are some real-life examples
of the consequences of these voter suppression laws.
Ricky Tyrone Lewis
Ricky is a 58 year-old Marine Corps veteran. Despite the fact that he
was able to offer Wisconsin voting officials proof of his honorable
discharge from the Marines, Milwaukee County has been unable to find the
record of his birth that he needs in order to obtain a voter ID card.
Ruthelle Frank
Ruthelle is an 84 year-old former elected official who voted in every
election for the last 63 years, yet she will be unable to obtain a voter
ID unless she pays a fee to obtain a birth certificate from the
Wisconsin government -- despite the fact that the Constitution
explicitly forbids any voter from being charged a fee in order to vote.
Worse, because the attending physician at her birth misspelled her name
on her original birth certificate, she may need to pay hundreds of
dollars in court fees to petition the state judiciary to correct her
certificate before she can obtain a voter ID.
Paul Carroll
Paul is an 86-year-old World War II veteran who has lived in the same
Ohio town for four decades. Yet when he attempted to vote in the recent
Ohio primary, he was told his photo ID from the Department of Veterans
Affairs was not good enough because it did not include his address.
Dorothy Cooper
Dorothy is a 96-year-old African-American woman who says she has voted
in every election but one since she became eligible to vote. Yet when
she attempted to obtain a voter ID she was turned away because she did
not have a copy of her marriage license. In a subsequent interview
Dorothy said that she didn't even have problems voting in Tennessee
"during Jim Crow days -- only now under Voter ID.
Thelma Mitchell
Thelma is a 93-year-old woman who cleaned the Tennessee Capitol for 30
years. She never received a birth certificate, however, because she was
delivered by a midwife in Alabama in 1918 and there was no record of her
birth. When she attempted to obtain a voter ID, she was turned away for
lack of a birth certificate by a clerk who suggested she could be an
illegal immigrant.
Virginia Lasater
Virginia is a 91-year-old woman who has been active in political
campaigns for 70 years Because of her advanced age, however, she is no
longer able to stand for extended periods of time. When she attempted to
obtain a voter ID, she was confronted with lines that stretched for
several hours and no place to sit while she waited -- forcing her to
abandon her effort to obtain an ID due to her physical constraints.
"Election Day registration leads to "the kids coming out of the schools
and basically doing what I did when I was a kid, which is voting as a
liberal. That's what kids do -- they don't have life experience, and
they just vote their feelings."
-New Hampshire House Speaker William O'Brien
Darwin Spinks
Darwin is an 86 year-old World War II veteran. He was told to pay a fee
before he could obtain a voter ID in Tennessee, despite the fact that
charging someone to vote is unconstitutional.
Rita Platt
Rita is a Wisconsin resident who was turned away from her attempt to
obtain a voter ID because she required either a birth certificate or a
passport to obtain one -- both of which can only be obtained if the
voter pays a fee. Worse, in Wisconsin, voters must fill out a misleading
form that suggests that they cannot obtain the birth certificate they
need to obtain a photo ID unless they already have a photo ID.
Jessica Cohen
Jessica is a Texas resident who lost her license and other
identification papers in a burglary. She now must also pay an
unconstitutional fee in order to obtain the birth certificate she needs
to obtain a new voter ID. Because Cohen lives in Texas, she will likely
be able to vote in 2012 because the Department of Justice blocked
Texas’s law under the Voting Rights Act -- although there is a high risk
that the Supreme Court’s conservatives will declare the Voting Rights
Act unconstitutional.
These nine voters are representative of the millions of voters who could
be deprived of their right to vote after exercising that right for, in
some cases, decades. Their problems will become more commonplace as
additional states continue to pass suppressive laws.
Conclusion
When speaking about this subject at the Campus Progress National
Conference in 2011, President Bill Clinton asked the young audience why
these laws making it harder to vote were all being proposed in such a
high rate and passed across the country. The answer, he said, was that
"They are trying to make the 2012 electorate look more like the 2010
electorate than the 2008 electorate."
Conservatives are scared because each cycle more young and minority
voters are entering voting age and their collective impact is growing
accordingly. In 2008 about 48 million Millennial generation voters --
those born between 1978 and 2000 -- were old enough to vote. By 2012,
that number will be 64 million, or 29 percent of all eligible voters.
According to analysis by the Center for American Progress, by 2020, when
all Millennial voters are of voting age, about 90 million of them will
be eligible to vote and will comprise around 40 percent of all eligible
American voters. This parallels changes in minority voters -- from 1988
to 2008 the percent of minority voters increased to 26 percent from 15
percent.
These young and minority voters are strongly progressive. They strongly
support progressive staples such as investing in renewable energy and
maintaining Social Security. This has translated into elections as well.
In 2008 both young voters and Hispanic voters delivered two-thirds of
their votes to President Obama.
Taken together, the growing influence of staunchly progressive voters
has conservatives scared to the point of extreme measures. Backed by
large corporate donors, they are looking for any proposal or law that
will help negate this change in voting demographics. While this is their
motivation, the right to vote is an American right that should be
protected by those of all political persuasions.
Right now, the protection of anti-voter suppression measures put in
place during the 1960s is preventing the enactment of the law in key
states. And in other states the laws will become ballot measures where
their outcome can be decided by the voters. In many states these laws
have already been passed and must be aggressively challenged through
legal and electoral measures to put our system of democratic elections
back on the right track.
--Comments?