October 16, 2014

VOTE NOVEMBER 4: DEFEAT SUPPRESSION OF MINORITIES, YOUTH, WORKERS

By Robert Weiner & Joseph Abay

Two riveting developments October 8 strike at the heart of Americans’ right to vote and minorities’ abilities to have fair power.

A report by the U.S. Government Accounting Office requested by five senators (Sanders, Leahy, Durbin, Schumer, Nelson) found that minority turnout was reduced 2-3% in states with ID laws—despite no ID fraud—because of the cost of procuring the ID’s. Close elections were clearly at risk. GAO found that “the falloff was greatest among African Americans, young people, and newly registered voters.”

Likewise on October 8th, The Supreme Court voted 7-2 (with dissents from Ginsburg and Sotomayor) overturning the 4th Circuit Court of Appeals decision that would have reinstated same day registration and students’ out-of-precinct voting in North Carolina. This ruling has added North Carolina to the already long list of 22 other states with Republican governors and legislatures that have enacted voter restriction laws across the nation. These laws will take a massive toll unless the courts reverse them or the victimized rebel in large numbers and find a way to the polls.

Given the Supreme Court’s attitude, there will not be time for the former before the November 4 Election Day clock ticks down—so standing in lines again to have voices heard – which worked in 2012 and 2008 -- may again be the only answer to stop a right-wing takeover of the Senate and massive progressive losses in the House.

“Voter fraud” legislation curtailing voting when no fraud has occurred has become the staple of the Republican agenda. They were helped by the 2013 Shelby V. Holder decision. The conservatives on the Supreme Court gave a 5-4 decision against Attorney General Eric Holder, invalidating Section 4 of the Voting Right Act. The statute had mandated federal government ‘preclearance’ in regards to changes to state election laws. This legislation was essential in preventing African American disenfranchisement. George W. Bush-appointed Chief Justice John Roberts decreed that we now live in a ‘post-discrimination’ society, despite congress almost unanimously finding the opposite when it passed and amended the law.

Following the court’s ruling, Republican governors and legislatures ran wild. 93 restrictive voting bills were introduced in 33 states; 22 states have passed them, and counting. On September 29th, House Minority Whip Steny Hoyer, the #2 House Democrat, contended that “Republicans around the country are trying to make it more and more difficult for people to vote, because their premise, which is accurate in my opinion, is if everyone votes, Democrats win.” Pennsylvania had passed a law in 2012, and Pennsylvania House Majority Leader Mike Turzai said: “Voter ID is going to allow Gov. Romney to win Pennsylvania--done.” Not quite—the Pennsylvania courts overturned it. Iowa Secretary of State Matt Schultz openly admitted voter suppression is directly linked to giving conservatives more power over “abortion, gay marriage, and a whole lot of social issues we care deeply about.”

Republicans present voter fraud as a pervasive problem, something that any fact-checking shows is not true. Between 2002 and 2012, out of a total of 600 million votes cast, only 10 cases of voter impersonation were reported. Any “fraud” has amounted to only 0.00000344666% of all votes cast. Why do Republicans love voter ID laws? They disproportionally affect African American voters, a critical Democratic Party voting bloc. African Americans account for 25% of Americans eligible to vote without Photo ID, while white voters account for only 8%.

Holder avowed that the Justice Department will combat voter suppression state legislation “that seeks to take advantage of the Supreme Court’s (2013) ruling.” Regrettably, his resignation on September 25 this year could prove disastrous for the federal lawsuits battling vote rigging “laws”, if his successor is not as dedicated to the cause as Holder.

Michigan is not exempt from voter “fraud” legislation; a Republican-passed amendment requires ID at the polls, but voters can avoid the ID if they swear and sign an affidavit there affirming their identity. The Republican legislature also passed two bills to require photo ID’s to pick up absentee ballots, cast an Election Day ballot and force citizens to sign paperwork affirming they are American citizens before getting a ballot. Even Republican Governor Rick Snyder considered the additional legislation “confusing” for voters (and knew it would backfire on him politically), resulting in him vetoing the latest bills. Republican legislators will attempt to push through voter “fraud” legislation in the future.

On October 9th, a U.S. Federal Court ruled against Texas, stating that the legislation created “an unconstitutional burden on the right to vote, has an impermissible discriminatory effect against Hispanics5 and African-Americans, and was imposed with an unconstitutional discriminatory purpose.”

The ruling was a victory for the Justice Department, who had filed the lawsuit against Texas law because they considered it “stringent and burdensome” for requiring ID’s to vote, and said it was “motivated by discriminatory intent” and “anti-immigrant rhetoric.” Assistant Attorney General Thomas Perez had called into question the law’s disproportional effect on Latino voters, noting that “a Hispanic registered voter is at least 46.5 percent more likely than a non-Hispanic registered voter to lack this identification.” The law also prevented college students from using their student ID at the polls. Texas did allow citizens to vote using their gun license – obvious pandering to the right-wing NRA. Since this decision, the New Orleans Fifth Circuit of Appeals reversed the action, and it is now appealed to the U.S. Supreme Court.

Ohio’s Republican legislature eliminated early week voting known as Golden Week. The legislation also ended early voting two Sundays before the election, used heavily by minority voters and church turnout drives like “Souls for Polls.” Following a September 29 court decision, voting on the last two Sundays before Election Day was eliminated and the early voting period reduced from 35 days to 28.

Early voting is used greatly by minorities and working class families. During the 2012 election, 19.9% of Ohio’s black voters voted early, while only 6.1% of whites did. American Sociological Review Editor Vincent J. Roscigno stated, Black Ohioans’ income is 60% of that for whites, and Black Ohioans are more likely to have longer hours, less pay and less freedom to take time off.

The right wing is attempting to rig and steal the election. The most assured way to express anger about voter suppression is to show up on Election Day.

Robert Weiner is a former White House spokesman and former senior staff for Cong. John Conyers, Charles Rangel, Claude Pepper, Ed Koch, and Sen. Ted Kennedy. He wrote the epilogue to Bankole Thompson’s groundbreaking book, “Obama and Christian Loyalty.” Joseph Abay is senior policy analyst for Robert Weiner Associates and Solutions for Change.

VOTER SUPPRESSION BY STATE

Chart by Joseph Abay and Robert Weiner to accompany article,

“VOTE: Defeat Suppression of Minorities, Youth, Workers”

●Alabama

Alabama’s H.B. 19 requires voters to present ID at the polls. Modern day voter restriction policies arose out of Shelby Count V Alabama, which essentially gutted the Voting Rights Act. Alabama had in place a photo ID law that required voters to provide ID at polls in 2011, but the Republican controlled senate forced through legislation that required documentation. Consequently, a fight between Alabama’s right to initiate the policy and the federal government’s right of “preclearance” on voting policies ensued, resulting in the Supreme Court striking down key provisions of the Voting Rights Act. This opened the door for many states, typically run by Republican legislatures & governors following the 2010 Midterm elections, to institute voter ID policies. Alabama’s right to demand proof of citizenship at polls will be decided by Kobach Vs USEAC and FEC regulations.

●Alaska

Alaska’s legislation §15.15.225 requires that voters present ID at the polls. They may vote if the person in charge of the polling station can verify their identity. If their identity cannot be verified, they can sign an affidavit affirming their identity and prove their identity at a later date.

●Arizona

In 2004, Arizona citizens voted in favor of the controversial Prop 200 referendum that dictated voters must provide proof of citizenship when voting in the state & submit voter registration forms with citizenship papers. Critics alleged the law was directed at Latino voters in the state. The referendum received bipartisan opposition from both Republicans & Democrats. Prop 200 was nullified in 2013 by the United States Supreme Court on the basis that it was ‘unconstitutional.’ Arizona is not allowed to require citizenship documentation at polls & ended the requirement of submitting federal voter registration forms with proof of citizenship. Arizona, alongside Kansas, sued the United States Election Assistance Commission (USEAC) in an attempt to repeal the decision. Kobach V. The USEAC resulted in a victory for Arizona & Kansas in March of 2014, when they allowed the states to apply the federal voter registration citizenship proof statute. The victory was quickly appealed and the legislation is awaiting a decision. The decision could become the foundation of sweeping voter suppression legislation.

●Arkansas

Arkansas’s §7-1-101(25) (A) passed in 2013. It requires citizens to present photo I to vote. If a voter does not have ID, they can still vote but are logged by the electoral officer in charge the polling place. If they do not submit ID by 12:00 PM the following Monday of the election, their vote is not tallied. On October 15th, the Arkansas Supreme Court ruled that the voter ID law was unconstitutional.

●Connecticut

Connecticut’s legislation §9-261 requires voters present ID at the polls. The ID does not need to be government issued, and does not require a photo.

●Delaware

Delaware’s §4937 legislation requires citizens to present ID at the polls in addition to signing a voting authority card, to verify identity. ID does not require a photo.

●Florida

A swing state battleground infamous for deciding the 2000 Presidential election has been surrounded in election law controversy. In 2011, Governor Rick Scott signed legislation that gave Florida the right to regulate third party registration groups, shortened early voting days significantly, and made the registration process bureaucratic & difficult to navigate. Shortening the early voter period from 15 to 8 days is blamed for the excessively long lines during Election Day. According to The Bipartisan Policy Center, the average wait time was 13 minutes. Florida nearly tripled that by 39 minutes, with some observers and voters claiming hour(s) long waits.

●Georgia

In 2011, Georgia enacted the early voting reduction legislation H.B. 92 that shortened the early voting period from 45 to 21 days. Georgia was one of the first states to require voter ID. Despite Republican officials attempts, Black voter turnout increased since the voter ID law came into effect, and black voter turnout was 5.9 percent higher than their white counterparts according to the Census report The Diversifying Electorate—Voting Rates by Race and Hispanic Origin in 2012.

●Hawaii

Hawaii’s H.B. 1359 requires citizens do not need to provide ID at the polling station. They are only required if the poll watcher requests it. Only citizens required to present ID are first-time voters.

●Idaho

Idaho’s H-496 requires voters to present ID at the polls. If the voter does not have ID, they can sign an affidavit affirming their identity.

●Illinois

The state is distinguished for its’ severe voter ID laws, which require two separate ID’s to vote in the state. Illinois also has strict voter registration laws, which mandates that third party voter organizations can only have two state mandated deputy registrars. Brennan Research claims Illinois as inconsiderately limiting voter opportunities, stating “anyone collecting state voter registration forms (as opposed to the national voter registration form) must first become part of the official registrar system”, a provision the ACLU considers impeding to the voter registration process.

●Indiana

Public Law 109-2005 was passed in 2005 and requires citizens to produce “a government-issued photo ID before casting a ballot at the polls on Election Day.” A 2013 amendment now allows polling places to demand ID before allowing the person to vote. Voters without ID can vote, but if ID is not produced by 12:00 PM the following Monday of the election to the state electoral agency, the ballot is invalidated.

●Kansas

Since 2012, Kansas has attempted to create restrictive voter laws, particularly photo ID laws in 2012 & proof of citizenship legislation in 2014. Kansas Secretary of State Kris Kobach is one of the most fervent voter fraud Republican zealots currently in office. Kobach is apprehensive about federal voter registration anti-fraud policies being truly effective at inhibiting undocumented immigrants from voting & has rallied in support of the national form registration necessitating proof of citizenship. The new voting system allows voters to vote in federal elections only if they do provide documentation, stating that “sometimes identity assurance is necessary to protect” against voter fraud. He asserted the 19,000 Kansas residents who have reportedly been barred from registering are just “not completing the process” properly. Currently Kobach is involved in multiple states voter suppression campaigns.

●Louisiana

Louisiana has one of the oldest voter ID law on the books, being enacted in 1997. Louisana’s RS 18:562 requires voters provide ID at the polls, but voters without ID can sign an affidavit affirming their identity.

●Michigan

Michigan’s Election Law Act 116 of 1954 is requests voters to bring ID. Voters can sign an affidavit without proving their citizenship at a later date. In 2012, Governor Rick Snyder vetoed legislation that would of expanded the law and made it mandatory for voters to show ID at polls and absentee voters to show ID before picking up a ballot. Republican Governor Rick Snyder called the proposed legislation “confusing” and made him one of few Republicans that have openly opposed more restrictive voter fraud legislation.

●Mississippi

Mississippi Voter ID Petition or Initiative 27, makes voter bring photo ID to the polling station. The law allows the use of various ID’s such as firearm registration, passports, tribal ID’s and a Mississippi voter ID card. Mississippi Secretary of State Delbert Hosemann celebrated Section 5 of the Voting Rights Act dissolution, arguing that Mississippi and the 9 other southern states covered under the provision deserved to be treated fairly. He went on to say “We're not the same old Mississippi our fathers' fathers were.”

●Montana

This pending legislation was passed in 2014 by a Republican controlled legislature, the LR-126 referendum is being placed on the November 2014 ballot to be voted on by citizens of Montana.

The referendums decides whether to end Election Day registration, effectively surpassing their Governor. Election Day registration has aided over 28,000 Montana residents in registering over the previous 9 years. Democratic Governor Steve Bullock has vetoed numerous bills calling to rescind of Election Day registration, considering the applications immeasurably insensitive to voter rights. In 2013, he maintained that his administration & the legislature were beholden by the principles of voter’s freedom to make an ample effort to guarantee “that every Montanan can vote – not doing everything we can to prevent them from voting.”

●Nebraska

In 2013, the Republican controlled state legislature voted in favor of bill LB271. LB271 condenses early voting from 35 to 30 days. Legislators compromised on 30 days after the preliminary proposition of 25 days failed to gain overall support due to concerns about disabled voter’s difficulties using the AutoMark voting machines. Secretary of State John Gale was a chief proponent of LB271 and viewed this measure as necessary to verify that Nebraska’s voting machines were in superior operational condition, ballots were secure, impartially processed & calculated accurately without prejudice.

●New Hampshire

New Hampshire, one of the only North-Eastern swing states instituted a photo ID law in 2012. Amendments to the law made less types of photo ID’s acceptable as well as requiring affidavit users to take a photograph at the polling station. The state allows affidavits in lieu of a photo ID. In 2013, Democrats voted on changes to the law, allowing expired ID’s to be used by the elderly over 65, and permitting students ID’s as a satisfactory form of ID.

●North Carolina

The Supreme Court voted 7-2 to reinstate laws blocking same-day registration and out-of-district voting (used by students). The ruling reversed a 4th circuit panel decision that had found the legislation unconstitutional. Earlier, in August of 2014, North Carolinas stringent voter policies were upheld by a U.S. district court as allowable in the November midterm election. Democrats, alongside NAACP, & other organizations against the legislation filed an appeal shortly after the decision. The law is considered one of, if not the harshest overhaul of voter laws in the country. The law terminates pre-registration for 16 & 17 year olds, reduces early voting periods, disallows residents from casing ballots outside of their districts & makes voters present IDs’ during elections. The ID portion of the legislation would not be applicable until the next presidential election in 2016.

●North Dakota

HB 1332 was signed into law by Republican Governor Jack Dalrymple. The law requires voters to provide ID at the polls and strengthens previous legislation by ending the capability for voters without ID to use affidavits. ID’s do not need to have photos and does not need to be state administered driver’s license, giving the ability for voters to use alternative ID’s like passports and college ID’s.

● Ohio

On September 29th, the Supreme Court voted 5-4 in favor of overturning the Federal Court ruling, allowing Ohio to prevent voting on the last two Sundays before Election Day and reducing the early voting period from 35 days to 28.