Missouri Brings Voter ID Back from the Dead

Last week, Missouri’s House of Representatives attempted to resuscitate a failed voter ID law, approving two bills that would require voters to present valid, government-issued photo identification in order to vote. One of the bills would call for a November 2014 ballot measure to amend the state constitution to permit a voter ID requirement, and the other would implement the requirement if the measure were to pass.

People For the American Way continues to bring attention to the disproportionate impact voter ID laws have on African Americans, the elderly, low-income people, people with disabilities, and students. When the voter ID bills passed the Missouri House, Reverend Isaac McCullough of People For the American Way’s African American Ministers in Action said:

Faith leaders in my state worked hard in the months leading up to November to get our communities to the polls. It is disheartening to see that some of our Representatives yet gain want to discourage, rather than encourage, people from voting. Suppressive voter ID laws fall especially hard on people who are already marginalized, threatening to keep many Missourians from the polls in future elections. That’s not what our democracy is supposed to be about. As faith leaders, we have fought hard to protect the right to vote – and we are not about to give up that fight anytime soon.

The vote in Missouri comes after years of failed attempts to enact voter ID in the state. In 2006, the Republican-controlled legislature passed a voter ID bill that was later rejected by the state Supreme Court as “a heavy and substantial burden on Missourian’s free exercise of the right of suffrage.” The legislature passed a similar bill in 2011, but Governor Jay Nixon vetoed it. Last year, the legislature voted to put voter ID on the November ballot. However, a judge struck the measure down, calling it “insufficient and unfair.”

The editorial board of the St. Louis Dispatch takes aim at the most recent effort by Republicans attempting to solve a nonexistent problem by disenfranchising thousands by resurrecting these bills:

For a party that likes to drape itself in the flag, Missouri Republicans seem bound and determined to undermine the most basic right in a democracy. The GOP can’t win a national election the fair way, or many statewide elections either. So they figure to steal them instead.

In 2008 Missouri’s top elections official at the time, Secretary of State Robin Carnahan, estimated that 240,000 people in the state did not have the type of photo ID that this legislation requires.

PFAW

Election Protection: Our Broken Voting System and How to Repair It

Desiline Victor, you are not alone.

A report released on February 12, 2013 by the Election Protection coalition, led by the Lawyers’ Committee for Civil Rights Under Law, pledges to address the “endemic yet solvable problems [that] continue to plague our system of elections and prevent too many eligible voters from fully participating in our democracy.”

The Election Protection 2012 report begins with a brief overview of the national Election Protection program and how we mobilize to protect and assist voters around the country. Next, the report provides a summary of the voting battles fought around the country in 2011 and 2012 in the lead up to Election Day—including the coordinated effort to suppress voting and the national response by Election Protection and its partners. We then highlight the critical role voting rights litigation played in 2012 with courts striking down several restrictive state laws in places like Texas, Pennsylvania, Ohio, Michigan, and Wisconsin. Then we present what actually transpired—as documented by Election Protection—on and before Election Day through the lens of the recurring issues that continue to plague our electoral process and prevent millions of eligible Americans from exercising their right to vote. Finally, we propose needed reforms to “fix that” as President Obama decreed in his acceptance speech on Election night and spotlighted in his Inaugural Address.

The numbers alone are astounding.

  • Over 37,000 calls on November 5 and nearly 90,000 calls on November 6 from all 50 states and the District of Columbia
  • Election Protection hosted 38 call centers across the country on Election Day
  • More than 5,300 trained legal volunteers and 2,300 grassroots volunteers in 22 states and over 80 voting jurisdictions

But so are the stories.

Problems and delays regarding absentee and early voting:

Astonishingly, in Auburn Hills, Michigan, over 800 absentee ballots were discovered to be lost in the mail before reaching the voters who requested them. Rather than reach out to the pool of affected voters, election officials waited for voters who did not receive their requested ballots to contact them before issuing a replacement ballot. Similarly, over 100 ballots sent to voters were lost in Roseville, Michigan. The lack of an affirmative effort to replace the lost ballots had a significant impact on the voters who did not receive them, particularly individuals with disabilities, military voters, and elderly voters for whom it may have been difficult or impossible to get to the polling place.

Polling place problems:

Even worse was a report from Blackstone, Virginia, where voters were turned away from the polling place at approximately 5 p.m. – two hours before polls closed. The voter who reported this was told that she would need to vote at the Municipal Building, but upon arrival, she was told that she needed to go to the Police Precinct polling location. Before leaving the Municipal Building, she overheard a conversation that the Police Precinct polling place was understaffed and turning away voters. She waited in line again and ultimately left (as did others) when it became clear that they were not admitting anyone else to vote. She did not get to vote in this election.

Lack of language assistance:

Another poll worker (at the Mary Queen of Vietnam Church polling place in New Orleans, Louisiana) was under the erroneous impression that only [Limited English Proficiency (LEP)] voters whose language was covered by Section 203 [of the Voting Rights Act (VRA)] would be able to obtain assistance in voting. Because Vietnamese was not “on the books,” the poll worker incorrectly informed the LEP voters that they were not entitled to assistance. The denial of assistance to these voters was a violation of Section 208 [of the VRA], which allows all LEP voters throughout the U.S. to obtain assistance in voting from a person of their choice (so long as this person is not the voter’s employer, or an agent of the employer or of the voter’s union), regardless of the voters’ language or the jurisdiction’s obligations under Section 203 [of the VRA].

As the report makes clear, these voters were not alone in the challenges they faced. Nor are they alone in the ensuing call to action. Election Protection recommends such solutions as voter registration modernization (addressing convenience and portability), same-day registration, early and absentee voting, uniform standards, and continuing to take a stand against deceptive practices and voter intimidation – advanced, at least in part, through state and federal legislation.

PFAW Foundation, a founding member of Election Protection, released its own voting rights reports in 2011 and 2012 and, with People For the American Way, continues to monitor voting rights issues nationwide.

PFAW Foundation

Ensuring that Desiline Victor, and all Americans, Get to Have Their Say at the Polls

In his State of the Union address last night, President Obama used his bully pulpit to ensure that the critically important issue of voting rights is securely on the agenda in 2013. Calling it “our most fundamental right as citizens,” the President announced the formation of a non-partisan commission focused on improving our country’s system of voting.

One woman who was undoubtedly pleased to hear this news was 102-year-old Desiline Victor of Miami, seated in the House visitors’ gallery, who had waited in line for hours to cast a ballot in November’s election.  President Obama noted that the country should follow her determined example: “As time ticked by, her concern was not with her tired body or aching feet, but whether folks like her would get to have their say,” he said.

After all, that is the issue at the core of a working democracy: whether folks get to have their say. 

Leading up to the election, our affiliate People For the American Way Foundation’s leadership programs witnessed and stood up to efforts across the country – ranging from unnecessary registration obstacles to early voting restrictions – to suppress the votes of those who have traditionally been disenfranchised: communities of color, low-income communities, and youth.  In the past two years alone, more than 65 suppressive voter ID bills were introduced in 34 states.

That’s why it is important that President Obama made it clear last night that he is serious about addressing the problems in our election system.  With increased access to early voting and an end to discriminatory voter ID laws, we can ensure that all Americans “get to have their say” at the polls.

PFAW

GOP Electoral College Scheme Advances in Virginia

It’s been less than three months since the presidential election, but GOP leaders unhappy with November’s results are already developing a multi-state plan that would further disenfranchise voters in their quest to achieve victory in 2016. On Wednesday, Republican state senators in Virginia cleared the first hurdle in their push to fundamentally change how state Electoral College votes are allocated. The Associated Press reports that under the proposed bill, Virginia would:

[A]pportion electors according to which presidential candidate carries each of the state’s 11 congressional districts. The candidate winning the majority of districts would receive the two electoral votes not tied to congressional districts.

If this bill had been in effect in 2012, Mitt Romney would have walked away with 9 of Virginia’s 13 electoral votes, despite losing the popular vote in the state by nearly 150,000 ballots and four percentage points.

These Republican state senators, who are already under fire for their surprise redistricting scheme on Martin Luther King Day, are no strangers to cutting corners in their drive for political power. Alex Pareene at Salon points out a major motivation behind the plan:

You can see why they like this plan: It is effectively the same thing as mass disenfranchisement of minorities, but it doesn’t look as awful and Jim Crow-y. Instead of trying to take votes away from black and poor and Hispanic people — which led to some bad press and a bunch of lawsuits — these new proposals simply ensure that the votes of rural white people will count more…Electoral vote-rigging plans show a Republican Party that is finally acknowledging the reality that a majority of Americans don’t subscribe to its brand of conservatism.

Yet not all Republicans are jumping on board with these new pushes. In Pennsylvania, where a similar bill was proposed in 2011 and looks to be reintroduced later this year, some GOP officials worry that the plan could backfire. Pennsylvania Republican Party Chairman Rob Gleason, for example, is not sold on the idea:

“I was against it last year, and I am still not convinced it is the way to go. It puts a lot more pressure on the Congress members and could hurt their efforts to hold their seats,” said Gleason, an RNC member, here.

Commentators, such as Jamelle Bouie at American Prospect, see the potential massive political backlash against this electoral system rigging as the real thing the GOP needs be aware of. Bouie says:

[I]t tells you something important about the current Republican Party that—when it comes to winning elections—it’s more interested in changing the game than changing its policies.
PFAW

UPDATE: Reported Voting Troubles

UPDATE: Shortly after the election, several voting rights advocacy groups released reports or statements detailing problems voters encountered at the polls. Demos put out a report describing how all the various voter suppression tactics affected the 2012 election. The American Civil Liberties Union issued a statement addressing the problems voters faced and the steps that should be taken to prevent future problems. Project Vote also released a statement praising diligent voters for overcoming adverse voting circumstances.

Despite the concerted efforts by conservative legislators to suppress voters’ rights throughout 2011 and 2012 using a number of tactics in the supposed interest to combat voter fraud, millions of Americans took time last week to cast their vote on Election Day. However, a number of problems for voters still occurred, shedding light on some obvious inadequacies within our voting process.

The foremost issue on Election Day: long lines of epic proportions. In Virginia, Maryland, and the District of Columbia a lack of an appropriate amount of voting machines and too few poll workers led to hours-long waits at multiple voting locations. In Florida, voters were forced to wait until the early hours of the morning before being able to finally cast a vote due to ridiculously long lines, prompting Governor Rick Scott (a known advocate for vote suppressing measures) to call for a review of Florida’s voting process, even though his policies may have contributed to the long lines.

A recent study and a 2008 survey indicate that African Americans, Hispanics, and other minorities are disproportionately more likely to be subject to longer poll lines than others and this is largely a result of reductions in early voting. In Ohio, where restrictions on early voting were blocked, early voters showed perseverance over the cold weather as they waited in long lines stretching for blocks to cast their votes. Various Representatives and even President Obama weighed in on the issue, with all agreeing that a lack of voting machines and poll workers contributed to the overwhelming lines and that the issue should be preventable.

Glitches in voting machines also added to the longer-than-usual lines. Electronic voting machines were reportedly malfunctioning, causing vote flipping and ballot presentation errors that resulted in confused voters and the shutting down of faulty machines. These errors, coupled with insufficient available machines to begin with, had voters waiting much longer than expected.

Besides the long lines, other issues arose for voters. Even though Pennsylvania’s ALEC-linked voter ID law was blocked from being enforced on Election Day, poll locations throughout the state had confusing messages about voter ID requirements with many distributing old information that said voters needed a proper ID to vote. Upon being reported, poll workers were instructed to remove the misleading information and not demand ID from voters.

Elsewhere, voters received inaccurate robocalls the night before Election Day. The Arizona Republican Party allegedly called thousands of voters and provided incorrect addresses to polling locations. Information to Spanish speaking voters distributed by an Arizona County Election Department had also listed the wrong date for Election DayTwice! The Asian American Legal Defense and Education Fund also brought to light several instances where required language assistance was not readily available to help communities with large non-English speaking Asian American populations and cases where poll workers separated Korean American voters into segregated lines because “there were so many."

Although things were difficult at times, Americans still got out to vote last week, demonstrating determination to overcome broken machines and patience in long lines. Voting rights also had a significant win in Minnesota, where an amendment for voter ID requirements was struck down. However, the battle for ensuring voting rights has only just begun – the Supreme Court has accepted a case arguing that Section 5 of the Voting Rights Act is unconstitutional. Section 5 requires areas with a history of racial discrimination to get federal approval before putting any voting changes into effect, a vital protection that has served as the lynchpin of protecting voting rights for nearly half a century. The Court’s decision will have a profound impact on future elections and the future of guaranteeing the fundamental right to vote for all.

PFAW Foundation

Restrictions on Early Voting and Voter Registration Used for Partisan Gain

The past two years saw a dramatic rise in states attempting to enact voter suppression, the impact of which was certainly felt on Election Day. Under the guise of combating voter fraud and saving money, we saw strong pushes for ID and early voting and voter registration restrictions.

Florida was among the worst offenders. A recent Palm Beach Post report revealed the party politics behind the story. Jim Greer, former Chairman of the Florida Republican Party, says that GOP strategists and consultants "firmly believe that early voting is bad for Republican Party candidates" and simply used the issue of voter fraud as a "marketing ploy" to advocate for voter restrictions on early voting and registration. Several others stated that the restrictions on early voting and registration groups were explicitly in place to target minority voters and limit their turnout in the election.

Florida members of the African American Ministers Leadership Council said they were "appalled but not surprised" by the report and the claims that the restrictions exclusively targeted minority voters. Elder Lee Harris, Pastor of Mt. Olive Primitive Baptist Church in Jacksonville, stated:

There’s a reason African Americans stood in line for hours on Nov. 6. We knew that these early voting and voter registration restrictions were meant to keep us away from the polls. But we’ve come too far and fought too hard to let anybody take away our vote again… Even while cloaked in the dubious language of ‘voter fraud,’ the real reason for these measures was always clear. African Americans in Florida knew that, and we fought back – by voting.
PFAW Foundation

Attempts to Disenfranchise Ohio Voters Continue After Election

A few days before the election, Ohio Secretary of State Jon Husted ordered local election officials to reject ballots with mistakenly recorded identification information – even though the courts previously issued an order against this. Immediately following the election and with tens of thousands of ballots uncounted, Secretary Husted continued his crusade to change the rules for counting provisional ballots by issuing a directive excusing poll workers from correcting improper ballot forms, potentially invalidating many of the uncounted ballots.

Ohio members of the African American Ministers Leadership Council urged Secretary Husted to drop his attempt, with Reverend Tony Minor stating:

Every single person who shows up to vote on Election Day should be confident that their vote will be counted and their voice will be heard. Secretary Husted is trying to throw up last-minute barriers in an effort to stop some of these votes from counting. That’s undemocratic and unacceptable.

The last-minute changes were denied by U.S. District Judge Algenon Marbley because they violated the Constitution and Ohio election law. But Secretary Husted appealed the decision to the Sixth Circuit Court of Appeals and was allowed to go forward with the last-minute changes. The decision could result in thousands of Ohioans' (who waited for hours outside poll stations) votes not counting. It also lays the legal groundwork for voter suppression in future elections. On top of it all, Secretary Husted has been promoting the idea of dividing Ohio’s electoral votes by congressional district in the future, making it possible – due to gerrymandering – that the loser of the popular vote in Ohio would nevertheless win the majority of the state’s electoral votes.

These recent events epitomize the attempts by certain state legislators to suppress the vote over the past two years, underscoring the continued importance of ensuring equality and the right to vote for all.

PFAW Foundation

A First Swing at Fixing the Broken Election System

If you were casting a ballot in South Carolina last Tuesday, your wait to vote may have been four hours. In Florida, it might have been seven. If you were voting in Hawaii, you may have gone to one of the nineteen polling places that ran out of paper ballots. President Barack Obama noted in his victory speech that many Americans waited in long lines and, as he stated, “we have to fix that.”

Just nine days after Election Day, Senator Chris Coons (D-Del.) has taken a first swing at that fix. Coons proposed a bill yesterday that would reform many of the country’s election procedures. His proposed legislation, the Louis L. Redding Fair, Accurate, Secure and Timely (FAST) Voting Act of 2012, would provide federal grants to states that make voting faster and more accessible. The bill includes provisions for same-day registration, early voting, and reducing how long voters must wait at poorly-performing voting facilities.

As Sen. Coons noted in a statement: “Long lines are a form of voter disenfranchisement, a polling place running out of ballots is a form of voter suppression, and making it harder for citizens to vote is a violation of voters’ civil rights.” And these problems at the polls tend to disproportionately affect African American and Latino voters.

The Washington Post points out that it is less a matter of fixing a voting system but more an issue of fixing thousands of voting systems. They note that with Congress, states, and local officials all playing roles, there is no single entity that oversees voting in the country. This may complicate the process of developing solutions.

Nevertheless, it is welcome news that national leaders are focusing on this issue. It was inspiring to see millions of Americans willing to spend hour after hour on line to vote, many of them likely knowing that the lines were an intentional result of plans to prevent them from voting. Every single voter on Election Day should be confident that their ballot will be cast in a timely manner and that their voice will be heard. Anything less is undemocratic -- and unacceptable.

PFAW

Reported Voting Troubles

Despite the concerted efforts by conservative legislators to suppress voters’ rights throughout 2011 and 2012 using a number of tactics in the supposed interest to combat voter fraud, millions of Americans took time last week to cast their vote on Election Day. However, a number of problems for voters still occurred, shedding light on some obvious inadequacies within our voting process.

The foremost issue on Election Day: long lines of epic proportions. In Virginia, Maryland, and the District of Columbia a lack of an appropriate amount of voting machines and too few poll workers led to hours-long waits at multiple voting locations. In Florida, voters were forced to wait until the early hours of the morning before being able to finally cast a vote due to ridiculously long lines, prompting Governor Rick Scott (a known advocate for vote suppressing measures) to call for a review of Florida’s voting process, even though his policies may have contributed to the long lines.

A recent study and a 2008 survey indicate that African Americans, Hispanics, and other minorities are disproportionately more likely to be subject to longer poll lines than others and this is largely a result of reductions in early voting. In Ohio, where restrictions on early voting were blocked, early voters showed perseverance over the cold weather as they waited in long lines stretching for blocks to cast their votes. Various Representatives and even President Obama weighed in on the issue, with all agreeing that a lack of voting machines and poll workers contributed to the overwhelming lines and that the issue should be preventable.

Glitches in voting machines also added to the longer-than-usual lines. Electronic voting machines were reportedly malfunctioning, causing vote flipping and ballot presentation errors that resulted in confused voters and the shutting down of faulty machines. These errors, coupled with insufficient available machines to begin with, had voters waiting much longer than expected.

Besides the long lines, other issues arose for voters. Even though Pennsylvania’s ALEC-linked voter ID law was blocked from being enforced on Election Day, poll locations throughout the state had confusing messages about voter ID requirements with many distributing old information that said voters needed a proper ID to vote. Upon being reported, poll workers were instructed to remove the misleading information and not demand ID from voters.

Elsewhere, voters received inaccurate robocalls the night before Election Day. The Arizona Republican Party allegedly called thousands of voters and provided incorrect addresses to polling locations. Information to Spanish speaking voters distributed by an Arizona County Election Department had also listed the wrong date for Election DayTwice! The Asian American Legal Defense and Education Fund also brought to light several instances where required language assistance was not readily available to help communities with large non-English speaking Asian American populations and cases where poll workers separated Korean American voters into segregated lines because “there were so many."

Although things were difficult at times, Americans still got out to vote last week, demonstrating determination to overcome broken machines and patience in long lines. Voting rights also had a significant win in Minnesota, where an amendment for voter ID requirements was struck down. However, the battle for ensuring voting rights has only just begun – the Supreme Court has accepted a case arguing that Section 5 of the Voting Rights Act is unconstitutional. Section 5 requires areas with a history of racial discrimination to get federal approval before putting any voting changes into effect, a vital protection that has served as the lynchpin of protecting voting rights for nearly half a century. The Court’s decision will have a profound impact on future elections and the future of guaranteeing the fundamental right to vote for all.

PFAW Foundation

Minnesotans Reject Voter ID

Earlier this year, the Minnesota state legislature passed SF 509, requiring photo ID at the polls. Governor Mark Dayton vetoed the bill, but proponents led by ALEC State Chairwoman Mary Kiffmeyer managed to bypass him by pushing through a constitutional amendment version (HF 2738) and sending the voter ID question to voters. Efforts went forth to remove it from the ballot but the MN Supreme Court denied the challenge.

An aggressive “Vote No” movement was waged all the way up to Election Day. ACLU of Minnesota, Common Cause Minnesota, Jewish Community Action, Take Action MN, and Our Vote Our Future all campaigned and distributed information about the harmful and discriminatory nature of voter ID. The Minnesota League of Women Voters issued an excellent fact sheet that debunked the most common misleading claims regarding voter ID, and a popular “I Pledge to Vote NO” Facebook page got information out over social media networks. But organizations continued to grow weary as polls showed that voters were willing to approve the amendment all the way up to the week before Election Day.

But the campaign apparently worked – Minnesotans ended up opposing voter ID on Tuesday and the amendment failed 54.2% to 45.8%. Minnesotans do not need to fear having to present a photo ID to vote in future elections, and the question can largely be put to rest.

Throughout 2011 and 2012, conservative groups and legislators sought to restrict the right to vote and disenfranchise multiple groups of people. Minnesotans proved to want to preserve the right to vote for all.

PFAW Foundation