Maricopa County Will Address Long Lines At The Polls

Three years after the Supreme Court's ruling in Shelby County v. Holder, with the Voting Rights Act still a shadow of its former self, voters in Maricopa County, Arizona are getting some relief from the long lines that they faced in the primary.

Citing budget concerns and reduced demand, county election officials reduced the number of polling places available in the March presidential primary from the 200-plus used during the 2012 primary down to just 60. Frustrated voters faced hours-long waits and sites that ran low on ballots, or even ran out of them entirely. The Associated Press reported at the time that votes were still being cast past 10 pm at a third of those sites, and that that the last location wasn't able to close until nearly 1 am, despite polls officially closing at 7 pm. The Arizona Republic called the situation shameful.

Last Thursday, voting rights advocates that subsequently filed suit reached an agreement with Maricopa County, signing off on an official Wait Time Reduction Plan that:

[I]ncludes a formula for projecting turnout at each polling place; delineates roles and responsibilities for county officials, pollworkers, and troubleshooters in reducing wait times; outlines a mechanism to effectively respond to wait times should they exceed 30 minutes; and promotes the use of pollworker and voter hotlines for reports of long lines. For the next four years, the Plan will be shared with a network of community groups for feedback before each primary and general election. The Plan will also be included in each iteration of the pollworker training manual. Additionally, both the County and the Secretary of State will publicize the Plan before each election on various social media platforms.

While Thursday's news was welcome, the problems in Maricopa County might not have happened at all had the County's voting changes been subject to the preclearance that was in place before the Supreme Court gutted the Voting Rights Act, or had Arizona secretary of state Michele Reagan intervened in the VRA's absence.

Hopefully everything will go smoothly in Maricopa County this November. Still, voters there and across the country should be prepared with what they need to know to vote and what they need to do if they have a question or if something goes wrong.

PFAW Foundation

Voter Suppression Is Not The Solution To Problems With Voter Registration

Throughout out his campaign, Donald Trump has been sounding the same voter fraud alarm that Republican leaders have been sounding for years.

Trump had this to say on the subject during Wednesday's final presidential debate:

If you look -- excuse me, Chris -- if you look at your voter rolls, you will see millions of people that are registered to vote -- millions, this isn't coming from me -- this is coming from Pew Report and other places -- millions of people that are registered to vote that shouldn't be registered to vote.

What he appears to be referring to is a 2012 research report commissioned by the Pew Center on the States, which says:

  • Approximately 24 million—one of every eight—voter registrations in the United States are no longer valid or are significantly inaccurate.
  • More than 1.8 million deceased individuals are listed as voters.
  • Approximately 2.75 million people have registrations in more than one state.

Nowhere does Pew assert that there are 24 million cases of voter fraud. The only use of the word "fraud" in the entire report is this:

The inability of this paper-based process to keep up with voters as they move or die can lead to problems with the rolls, including the perception that they lack integrity or could be susceptible to fraud.

In fact, the rate of voter impersonation fraud is staggeringly low – 31 credible instances out of more than 1 billion ballots cast, according to another study.

A comprehensive 2014 study published in The Washington Post found 31 credible instances of impersonation fraud from 2000 to 2014, out of more than 1 billion ballots cast. Even this tiny number is likely inflated, as the study’s author counted not just prosecutions or convictions, but any and all credible claims.

In case you're wondering, that's 0.0000031 percent.

What we have is a system desperately in need of modernization. Some states have taken positive steps forward on voting rights, while others have failed or been unable to act, or even worse, have taken steps backward with new, potentially suppressive restrictions. Members of Congress have introduced federal legislation, which has yet to receive any meaningful attention from the Republican leadership – the failure to restore the Voting Rights Act being one of the worst cases.

So, Mr. Trump, we do have a voter registration problem in this country. But fraud isn't the problem. And voter suppression isn't the solution.

PFAW

Voting Rights Hang in the Balance – 32 Days and Counting

On June 25, 2013, the US Supreme Court dealt a devastating blow to the Voting Rights Act (VRA) in its Shelby County v. Holder decision. Congress has had more than three years since then to restore the VRA’s critical protections aimed at fighting racial discrimination in voting. Indeed, legislation known as the Voting Rights Advancement Act was introduced to develop a new coverage formula and make additional updates to this landmark law. Not only has GOP leadership failed to bring it to a vote, but people like House Judiciary Committee Chairman Bob Goodlatte have outright denied the need to restore the VRA, despite overwhelming evidence to the contrary.

Now there are just 32 days left before the first presidential election in fifty years in which ballots will be cast without full VRA protections.

According to the Brennan Center, 6 of the 14 states with new restrictive voting laws in effect for the first time in a presidential election were previously covered by Section 5 of the VRA, meaning that in the past they had to get prior federal approval for any voting changes.

Nearly Half of New Restrictive Voting Laws in Former Sec 5 States

Even when we have won victories for voting rights, there have been attempts to resurrect voter suppression. Talking Points Memo spoke to voting rights advocates about this disturbing trend:

“You take a step back and it’s really appalling,” said Dale Ho, the director of the ACLU's Voting Rights Project who has been involved in many of the legal challenges to state voting restrictions.

“I mean the Department of Justice and other groups, we have all won the cases ... you would have thought we would have been finished with this whole thing, when, up until Election Day, we have to stay on these people," Ho told TPM.

. . . “There’s two things going on: One is that we have seen court-ordered softening [of voter ID laws] in places like Wisconsin and Texas, and then either foot-dragging or incompetence in carrying it out, which has led to follow-up lawsuits or threats of lawsuits,” said Richard Hasen, a professor at UC-Irvine School of Law who also runs the Election Law Blog. “The other thing that is going on is new shenanigans in response to court rulings. And that’s North Carolina.”

. . . “The trend that you’re definitely seeing is that although you may win in a court, so much of what actually matters to voters depends on implementation of a court victory,” said Jennifer Clark, counsel for the Brennan Center's Democracy Program. “So getting a ruling that blocks or softens a restrictive voting law is really only the first step in making sure that people have the right to vote.”

It's painfully clear that voters are vulnerable this November. But that doesn't mean that anyone should shy away from the ballot box. It just means that we need to be prepared. Our affiliate PFAW Foundation is part of the Election Protection coalition that is preparing voters with what they need to know to vote and what they need to do if they have a question or something goes wrong.

Failing to defend the right to vote is simply not an option.

PFAW

Voting Rights – We Can Win

This Saturday marks the 51st anniversary of the signing of the Voting Rights Act. Though we have a long way to go to restore this landmark law and ensure that every voter can cast a ballot that counts, it's important to recognize the progress being made.

Yesterday a ruling in North Dakota provided relief for voters facing restrictive voter ID this November. From the Native American Rights Fund:

[A] federal district court enjoined North Dakota’s strict voter ID law and ruled that voters unable to obtain the necessary identification may vote in the upcoming election by completing a declaration or affidavit. The court agreed with the seven Native American voters that the new law disproportionately burdens Native Americans and denies qualified voters the right to vote.

Last week was huge for voting rights victories, with voters in five states receiving favorable rulings.

Kansas: A Shawnee County district judge ruled that thousands of questioned (thanks to Kris Kobach) voter registrations will count in the August 2 primary. As reported by the Kansas City Star:

A Shawnee County district judge ruled Friday that the votes of 17,500 people whose registrations had been questioned are to be tallied in Tuesday’s primary.

Judge Larry Hendricks issued a temporary order, meaning the votes will be counted Tuesday. The American Civil Liberties Union filed the lawsuit against Secretary of State Kobach on behalf of Kansas voters who were told that they could vote in federal elections but that their votes in state and local elections would not be counted.

Louisiana: A federal district court held the state accountable for its neglect of the National Voter Registration Act (NVRA), which expands voter registration access to motor vehicle offices and other agencies. Niyati Shah provided this Project Vote analysis:

In this exhaustive opinion, the court basically held that mere lip service to the public assistance provisions of the National Voter Registration Act (NVRA) is not an option . . . In Louisiana, however, the state had apparently decided that our vulnerable citizens weren’t all that important, and gave all sorts of excuses for neglecting Section 7 of the NVRA. But, in a resounding victory for the right to franchise, a federal district court rejected the state’s arguments.

North Carolina: The state's monster voter suppression law that covers a number of harmful policies was struck down by the Fourth Circuit Court of Appeals. Paul Gordon provided this PFAW Foundation analysis:

A three-judge panel of the Fourth Circuit Court of Appeals today reversed a lower federal court and struck down North Carolina’s notorious voter ID law, as well as its provisions curtailing or eliminating early voting, same-day registration, out-of-precinct voting, and preregistration of 16 and 17 year-olds.

Significantly, the unanimous circuit court concluded that the law does more than "just" have a discriminatory impact, in violation of a section of the Voting Rights Act (VRA).  The court also found that the law’s purpose was to discriminate, putting it in violation of the United States Constitution. One piece of evidence: state officials moved to enact the law within days of the Shelby County case removing any preclearance requirements under Section 5 of the VRA.

Virginia: Though here it was a state court pushing back on voting rights progress, Governor Terry McAuliffe stood strong in defense of voting rights restoration for formerly incarcerated persons. After the Virginia Supreme Court struck down Governor McAuliffe’s executive orders restoring the voting rights of over 200,000 formerly incarcerated persons, McAuliffe said "he would forgo his blanket declaration — and, instead, individually sign about 206,000 restoration orders for ex-felons, including 13,000 who had registered after his April order."

Wisconsin: A federal district court struck several provisions of the state's voter suppression package. Rick Hasen provided this Election Law Blog analysis:

This is a pretty sweeping opinion, which rejects many of the state’s arguments for its restrictive voting rules as [pretextual], and really aimed at giving Republicans advantage in elections. The judge was particularly skeptical of measures which made it harder to vote in Milwaukee, with its large population of minority voters, and to a lesser extent, Madison, a liberal stronghold in the state. But this is a careful opinion which parses the evidence and does not accept all of the claims.

Two weeks ago it was Texas and, again, Wisconsin.

Texas: The Fifth Circuit Court of Appeals affirmed previous rulings against voter ID. As reported by the Texas Tribune:

Texas' voter identification law violates the U.S. law prohibiting racial discrimination in elections, a federal appeals court ruled Wednesday.

The U.S. 5th Circuit Court of Appeals affirmed previous rulings that the 2011 voter ID law — which stipulates the types of photo identification election officials can and cannot accept at the polls — does not comply with the Voting Rights Act.

Wisconsin: A federal district court provided relief for voters facing restrictive voter ID this November. From the American Civil Liberties Union:

Wisconsin’s voter ID law has been a mistake from day one. This ruling is a strong rebuke of the state’s efforts to limit access to the ballot box. It means that a failsafe will be in place in November for voters who have had difficulty obtaining ID.

There is a lot of work left to do in the voting rights arena. Not even these victories signal the end of the road for voting rights advocates. But they are important signs of progress.

Onward.

PFAW

VRA on the Brink a Half Century after Freedom Summer

On June 21, 1964, Michael Schwerner, James Chaney, and Andrew Goodman were murdered in Mississippi while participating in the Freedom Summer campaign to register African Americans to vote.

A year later, the Voting Rights Act was signed into law.

Today, their legacy lives on in the fight to ensure that the VRA survives another half century.

The Supreme Court in 2013 in Shelby County v. Holder effectively gutted Section 5 of the VRA, which requires certain covered states and subjurisdictions to submit any changes in voting and election laws to the Department of Justice (DOJ) or a federal court for approval before they can go into effect. While the Court did not strike down Section 5 itself, it said that Congress’s previous determination, through the Section 4 coverage formula, as to where Section 5 applied was unconstitutional.

It could not be clearer that the lack of VRA preclearance has left democracy diminished. And with the first presidential election since Shelby County looming large, that point is coming into even sharper focus. Yet Congress has failed to do anything but let the Voting Rights Advancement Act languish, legislation that would replace what the VRA lost and make additional, critical updates.

Schwerner, Chaney, and Goodman did not give their lives 52 years ago today so that Congress could allow the legacy of the Civil Rights Movement and the voting protections it achieved to continue to unravel. We owe it to them and the countless others who put everything on the line in defense of voting rights to make sure – once and for all – that all eligible citizens can register to vote and cast a ballot that counts.

Failing to defend the right to vote is simply not an option.

It wasn't then. It isn't now.

PFAW

Restore The Voices Of The Excluded

After more than two years stymied by congressional inaction on voting rights, House Democrats this week renewed their efforts to Restore The Voices Of The Excluded – to #RestoreTheVOTE.

The new legislative mobilization is designed to drive more support to the Voting Rights Advancement Act, a bill introduced this June to restore what the Voting Rights Act of 1965 lost when the Supreme Court ruled in 2013 in Shelby County v Holder, and to make additional, critical updates to the landmark law.

Representative Terri Sewell:

My hope is that by launching #RestoreTheVOTE we gain grassroots support for restoring the right of every American to vote. In order to pass the Voting Rights Advancement Act we must get everyday Americans to care and demand congressional action to protect voting rights. We cannot silence ANY voices within our electorate.  We must RESTORE THE V.O.T.E. — the VOICES OF THE EXCLUDED!

Want to get involved?

Sign the PFAW petition telling Congress to pass the Voting Rights Advancement Act.

Make sure that your Representative is on H.R. 2867 and that your Senators are on S. 1659.

PFAW

House Judiciary Committee Takes Up Planned Parenthood Witch Hunt, Women And Voting Rights Suffer

Earlier today the House Judiciary Committee opened its fall session with the first public hearing in its investigation into Planned Parenthood, placing a one-sided, far-right smear campaign as a clear priority over a full and fair examination of the facts. Or as PFAW Senior Researcher Miranda Blue put it, "one piece of the larger far-right effort to not only shutter Planned Parenthood’s critical women’s health services but to end legal abortion entirely."

Take the title of the hearing – Planned Parenthood Exposed: Examining the Horrific Abortion Practices at the Nation's Largest Abortion Provider. Ranking Member John Conyers called it "one-sided." Representative Jerrold Nadler of the Constitution Subcommittee agreed that it was a "farce" for having stated the Committee's conclusion at the outset.

Then there's the witness list – Not one majority witness with direct knowledge of current Planned Parenthood practices, nor any who could speak with authority on the Center for Medical Progress. Representative Nadler pointed out that if the majority had any confidence in CMP's David Daleiden that they "would have bought him here to testify before this committee." In fact, as James Bopp twice testified, he was told by the majority that the videos were not the subject of their investigation. A further line of questioning pressed by Representative David Cicilline made clear just how little consideration the Committee has for CMP and its own practices.  

Finally the discussion itself – An overwhelming amount of energy spent rehashing decades of settled law and Supreme Court precedent at the expense of women who seek not only abortion services from Planned Parenthood, a very small portion of their work, but a wide range of reproductive and preventive healthcare.

Don't forget the discussion that they aren't having – As they take up Planned Parenthood, Congress is more than two years past due in restoring what the Voting Rights Act lost in 2013 through the Supreme Court's damaging Shelby County v. Holder decision. They should instead be holding a hearing on the Voting Rights Advancement Act.

Many of you stood up to Tell House Judiciary Chair Bob Goodlatte: Focus on Restoring the Voting Rights Act, Not Attacking Women with Planned Parenthood Witch Hunt.  

Your petition signatures were hand-delivered to the Committee prior to its hearing.

PFAW petition drop for Planned Parenthood and the Voting Rights Act

PFAW

House Judiciary Committee Investigates Planned Parenthood But Still Refuses To Hold VRA Hearing

On Wednesday the House Judiciary Committee announced the first public hearing in its investigation into Planned Parenthood.

Chairman Bob Goodlatte and Subcommittee Chair Trent Franks set the tone:

Planned Parenthood and its executives must answer for the alleged atrocities brought to light in the videos by the Center for Medical Progress. For the past two months, the House Judiciary Committee has been investigating the alleged acts of Planned Parenthood and its affiliates, and now the American people will have a chance to understand just how horrific these practices are to the unborn.

As PFAW recently explained, the Center for Medical Progress is linked to far-right activists such as Live Action founder Lila Rose, who has launched similar “sting” operations against Planned Parenthood in the past. Operation Rescue head Troy Newman, who runs a website listing personal information and photographs of abortion providers and once publicly celebrated the death of a provider, serves on CMP's Board.

PFAW Senior Researcher Miranda Blue:

It’s important to see the latest attacks for what they are: one piece of the larger far-right effort to not only shutter Planned Parenthood’s critical women’s health services but to end legal abortion entirely.

The Committee is putting its commitment to this far-right smear campaign ahead of its commitment to democracy. As they take up Planned Parenthood, Congress is more than two years past due in restoring what the Voting Rights Act lost in 2013 through the Supreme Court's damaging Shelby County v. Holder decision. They should instead be holding a hearing on the Voting Rights Advancement Act.

PFAW called for the Advancement Act's passage back in June.

Two years after the Shelby County ruling gutted the heart of the Voting Rights Act, voters in cities and states that were once protected by federal oversight are facing laws that make it harder to vote – laws that disproportionately affect people of color. This is unacceptable. Voting discrimination is still a very real, pervasive problem, even if some members of Congress choose to ignore it.

Some members – led by Chairman Goodlatte.

PFAW supporters have spoken loud and clear in favor of restoring the VRA and standing with Planned Parenthood.

PFAW

Fifth Circuit Ruling on Texas Voter ID Shows Importance of Preclearance

A unanimous three-judge panel of the Fifth Circuit today ruled that Texas’s restrictive voter ID law adopted in 2011’s SB 14 violates Section 2 of the Voting Rights Act because it has a racially discriminatory effect.  This is a great victory for voting rights.

The Texas voter ID law had previously been struck down by a district court.  Judge Nelva Gonzales Ramos had concluded not only that the law violated Section 2, but that Texas had adopted it with the intent to discriminate, in violation of the Constitution.  The Fifth Circuit rejected her analysis of how to discern discriminatory intent, concluding that she relied on factors that should not have been considered, such as long-ago intentional discrimination and assertions by the law’s opponents.  The Fifth Circuit remanded the case for her to reanalyze that aspect of her decision using a narrower set of evidence.  If she reaches the same conclusion, the voter ID part of the law would be struck down completely as unconstitutional.  But even if she finds no intentional discrimination, Judge Ramos can still fashion a remedy for the Section 2 violation, although it could very well fall short of completely eliminating the voter ID requirement section of SB 14.

You might wonder why a bill passed in 2011 is at this state of litigation more than four years after it was adopted.  The answer lies in the Supreme Court’s notorious Shelby County decision from 2013 that gutted the VRA’s critically important preclearance provision, which had covered Texas.

In 2012, a three-judge district court refused to preclear the law, finding that it would have had a harmful effect on racial minorities.  That should have been the end of the story, with Texas unable to put the law into effect.  But Shelby County removed Texas from preclearance requirements, allowing it to implement the law despite its previous failure at preclearance.  That meant that its victims had to go to court to challenge the law, bearing the burdens of litigation and of proving their case, even while people across the state suffered from the law’s discriminatory effects, including during the 2014 elections.  In fact, more than half a million registered voters in Texas lack the proper ID required by the law.

Now, two separate federal courts have ruled that SB 14 violates Section 2 of the VRA, and the case still has further to go: Even if the state doesn’t appeal today’s ruling, the remand back to the district court means that more litigation is in store, and portions of the law may still end up going into effect, albeit with a less discriminatory impact.

Far more efficient and just would have been to allow the preclearance provision of the VRA to work as Congress intended.  Texas officials’ eagerness to implement this discriminatory law as soon as they were able to shows just how important the preclearance provision is in protecting the right to vote.

Tomorrow will be the fiftieth anniversary of the Voting Rights Act.  Today’s ruling is a reminder of the law’s importance.  It is also a great example of why Congress should pass the Voting Rights Advancement Act, which would not only restore the vital protections of preclearance consistent with the Supreme Court’s directive that any formula should be based on modern circumstances, but also make other critical improvements to the landmark law.

PFAW

North Carolina Courts Test State Voter Restrictions

On Monday, a federal trial began in Winston-Salem, North Carolina to see if recent changes in the state’s election laws unfairly and purposefully discriminate against minority voters. The changes in question include an end to same-day registration, an end to a high school voter registration program, and a reduction in early voting days.

The Supreme Court’s decision in Shelby County v. Holder gutted a key provision of the Voting Rights Act by striking down a coverage formula that identified nine states – including North Carolina – with a history of voter discrimination. Before the 2013 ruling, federal approval was needed before any changes in election laws in these states could go into effect. However, in the immediate aftermath of Shelby County, Republicans in the North Carolina state legislature were able to implement the restrictions without federal approval.

The North Carolina N.A.A.C.P, League of Women Voters, a group of college students, and the Department of Justice initiated the case, arguing that the measures should be struck down, and that North Carolina should be required by the court to submit voting proposals to federal approval since the contested measures were intended to discriminate, in violation of the Constitution.

Several states remodeled their voting laws following the Shelby decision; however, North Carolina’s restrictions represent some of the broadest changes in the country.

This case is the latest development in a series of initiatives to protect the right to vote across the United States, including by restoring and strengthening the Voting Rights Act. PFAW recently participated in a rally in Roanoke, Virginia, and members of our affiliate People For the American Way Foundation’s leadership networks are participating in today’s events surrounding the beginning of the trial in Winston-Salem. 

PFAW Foundation