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  • Approximately 24 million—one of every eight—voter registrations in the United States are no longer valid or are significantly inaccurate.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 – 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

It's Been a Pretty Great 36 Hours for Voting Rights Advocates

Hawaii update: HB 2590 still has to be signed by Governor Neil Abercrombie in order for it to become law. Voting rights advocates believe that he will approve the measure but will be working through the next week to ensure that he does.

PFAW has been keeping you informed about what has gone right for voting rights at the state level in 2014. In the last 36 hours alone, Hawaii, Minnesota, and Wisconsin have added new entries to the "win" column.

Thanks to the passage of HB 2590, Hawaii will likely have same-day registration for early voting in 2016 and add it for Election Day in 2018.

The measure (HB 2590) aims to encourage voting in a state where turnout is often dismal. Once the nation’s highest, Hawaii’s voter turnout cratered at 44.5 percent, the nation’s lowest, in the 2012 election, according to the U.S. Elections Project.

[ . . . ]

“It’s about making elections relevant to the modern world,” Rep. Kaniela Ing, D-Kihei, Wailea, Makena, the bill’s introducer, said in a statement. “Today’s policy decisions will impact young people for decades to come, and it doesn’t make sense to exclude them because of arbitrary registration deadlines based on technological limitations that no longer exist.”

Hawaii Chief Elections Officer Scott Nago said in written testimony supporting the measure that any qualified person who wants to vote should be able to register and vote.

In Minnesota, after the online voter registration system launched by Sectary of State Mark Ritchie was forced to shut down, legislators acted quickly, and Governor Mark Dayton signed into law its replacement.

Gov. Mark Dayton signed the Minnesota Legislature’s revival of online voter registration on Tuesday, just one day after a judge had ordered the system shut down, ruling that Secretary of State Mark Ritchie overstepped his authority in creating it last year.

“I am very pleased that this bill passed with bipartisan support in both bodies, and I look forward to signing it into law today,” Dayton said in a statement, soon after the Minnesota Senate gave the measure final approval.

The quick action means that Minnesotans’ access to Web-based voter registration, which more than 3,600 voters have used since September, will continue unimpeded. With Dayton’s signature, Minnesota officially joins about half of the states in offering some form of voter registration online.

In Wisconsin, US District Judge Lynn Adelman ruled against the state's voter ID law, saying that "it is absolutely clear that Act 23 will prevent more legitimate votes from being cast than fraudulent votes."

From the American Civil Liberties Union:

"This law had robbed many Wisconsin citizens of their right to vote. Today, the court made it clear those discriminatory actions cannot stand," said Karyn Rotker, ACLU of Wisconsin senior staff attorney.

"This is a warning to other states that are trying to make it harder for citizens to vote,” said Dale Ho, director of the ACLU’s Voting Rights Project. “This decision put them on notice that they can't tamper with citizens' fundamental right to cast a ballot. The people, and our democracy, deserve and demand better."

We can win, and let's not forget that.

Check out PFAW’s website for more voting rights updates.

PFAW

Voting Rights Advocates Rack Up More Wins

Earlier this month, PFAW reported on what has gone right for voting rights at the state level in 2014. While there is much more work to be done to enact needed reforms and to step up and counter threats when the right to vote is under attack, states like Florida, Georgia, and North Carolina have shown that we can win.

Now we've uncovered even more evidence of why we can and should keep fighting the challenges that lay before us.

Voters themselves will get to decide what voter empowerment means in Illinois. House Speaker Michael Madigan's constitutional amendment providing "that no person shall be denied the right to register to vote or to cast a ballot in an election based on race, color, ethnicity, status as a member of a language minority, sex, sexual orientation, or income" passed both chambers and will be on the November ballot. A similar effort is afoot in Ohio.

Native American voters in Montana have seen two encouraging developments. In Jackson v. Wolf Point School District, an agreement was reached that will provide for five-single member school board districts in addition to one at-large representative, as opposed to the existing multimember districts that heavily favored the area's white population. Wandering Medicine v. McCullough, which challenges the availability of late registration and early voting for residents of the Crow, North Cheyenne, and Fort Belknap Reservations, will proceed following a failed motion to dismiss the case.

In Washoe County, Nevada, home to Reno and the state's second most populated county, voters have come to expect 14 consecutive early voting days. This year, though, county commissioners planned to eliminate the two optional Sundays that fall within that period. The American Civil Liberties Union and other allies organized quickly, sending a letter to Chairman David Humke and providing testimony at a commission meeting. Thankfully at that same meeting Chairman Humke announced that Sunday early voting was back on and warrants further study.

Tod Story, ACLU of Nevada Executive Director, said:

Early voting allows more people to participate in our democracy, and weekend voting is necessary for many hardworking Nevadans. Weekends are especially important days for voting drives, including for communities of faith

US District Judge Nelva Ramos told Texas legislators, much like US Magistrate Judge Joi Elizabeth Peake did in North Carolina, that their emails must be disclosed – albeit confidentially – in the ongoing Voting Rights Act challenge to the 2011 Texas voter ID law.

Huffington Post:

The United States argued that the emails could be the only existing candid evidence about the purpose of the legislation because Texas Republicans coordinated their talking points on the bill and refused to publicly engage with the concerns of minority legislators. If any of the emails reveal discriminatory intent, the U.S. will still have to argue to get them admitted as evidence during the trial phase of the lawsuit.

Finally, Utah is taking Election Day Registration for a test drive. Governor Gary Herbert has signed HB 156, which sets up an opt-in pilot program for counties and municipalities. The state will keep an eye on how they do and report back to the legislature for possible further action.

We can win, and let's not forget that.

Check out PFAW’s website for more voting rights updates.

PFAW

Voting Rights – We Can Win

The New York Times and NPR recently shared somewhat different takes on where voting rights stand now and what the picture might look like come Election Day 2014.

It is true, as suggested by The Times:

Pivotal swing states under Republican control are embracing . . . bills, laws and administrative rules — some of them tried before — [that] shake up fundamental components of state election systems, including the days and times polls are open and the locations where people vote.

It's also true, as quoted by NPR from its interview with the Brennan Center's Myrna Pérez:

We've seen a lot of real momentum in 2014, thus far, towards improving our elections both at the states and nationally[.]

PFAW thought it would be good to take a step back and look at what has gone right at the state level in 2014 – and why we can and should keep fighting the challenges that lay before us.

Florida has an especially troublesome history with voter purges, but now the trouble is headed back toward the chief architects. On April 1, the United States Court of Appeals for the Eleventh Circuit found that Gov. Rick Scott’s voter purge of suspected non-citizens in 2012 violated the National Voter Registration Act (NVRA), because systematic removal programs are barred within 90 days of a federal election. This came just days after Secretary of State Ken Detzner did an about-face and called off his 2014 plans.

In the final hours of its legislative session, thanks to a flaw in the bill language, Georgia looked poised to take the early voting days for municipal elections down to ZERO. Because staunch advocates like the League of Women Voters closely monitored the bill and sprang into action when that fatal flaw was discovered, the session adjourned on March 20 with early voting intact. As the League's Kelli Persons noted:

The message here is that it's very important . . . to pay attention to what's happening at the local level[.]

Even in North Carolina, where the Moral Mondays movement began and challenges to voting reach far and wide, there's been a victory of sorts. On March 27, US Magistrate Judge Joi Elizabeth Peake ruled that lawmakers must release correspondence related to the formation of the state's new voter ID law, saying that though some records might be shielded, many are considered public. We need transparency as this case moves forward.

There is much more work to be done to enact needed reforms and to step up and counter threats when the right to vote is under attack – but we can win, and let's not forget that.

Check out PFAW’s website for more voting rights updates.

PFAW

Florida Puts Hold on Voter Purge, North Carolina Lifts the Veil on Voter ID Law

When we last checked in with the controversial Florida voter purge, advocates and media alike were speculating over what route Governor Rick Scott and Secretary of State Ken Detzner would take in 2014, with Detzner's office considering comparing its voter records with the US Department of Homeland Security's federal citizenship database known as Systematic Alien Verification for Entitlements (SAVE).

Now we know: the purge is off for 2014.

The about-face on Thursday by Secretary of State Ken Detzner resolves a standoff with county elections supervisors, who resisted the purge and were suspicious of its timing. It also had given rise to Democratic charges of voter suppression aimed at minorities, including Hispanics crucial to Scott’s reelection hopes.

Detzner told supervisors in a memo that the U.S. Department of Homeland Security is redesigning its SAVE database, and it won’t be finished until 2015, so purging efforts, known as Project Integrity, should not proceed.

“I have decided to postpone implementing Project Integrity until the federal SAVE program Phase Two is completed,” Detzner wrote.

As the Brennan Center reported in 2008, election officials across the country are routinely striking millions of voters from the rolls through a process that is shrouded in secrecy, prone to error, and vulnerable to manipulation.

Florida has an especially troublesome history with this practice, so voting rights advocates will have to keep a close eye on what shape it takes next year.

Also this week, in North Carolina US Magistrate Judge Joi Elizabeth Peake ruled that lawmakers must release correspondence related to the formation of the state's new voter ID law, saying that though some records might be shielded, many are considered public.

Dale Ho of the ACLU's Voting Rights Project:

North Carolinians have a right to know what motivated their lawmakers to make it harder for them to vote. Legislators should not be shrouding their intentions in secrecy.

Allison Riggs of the Southern Coalition for Social Justice:

Defendants have resisted at every turn disclosing information about their reasons for enacting this discriminatory law. Today's ruling will help ensure the court has a fuller picture of why the voting changes at stake are so bad for North Carolina voters.

In other voting rights news, Colorado considers recall election changes, Pennsylvania ID remains in legal limbo, and Wisconsin Governor Scott Walker approves (mostly) of the state's new voter suppression law.

Check out even more news from our friends at Fair Elections Legal Network.

PFAW

Urgent Action Needed on Georgia Early Voting Bill on Last Day of Legislative Session

Updated March 21: Georgia's legislative session closed without final action being taken on HB 891. According to Facing South, "House sponsors declined to take up a vote on the revised bill, and HB 891 was dead." The report quotes Kelli Persons of League of Women Voters of Georgia, "The message here is that it's very important . . . to pay attention to what's happening at the local level," in reference to the bill's impact on municipal early voting.

Earlier this month we told you about legislation in Georgia that would reduce the availability of early voting in municipal elections. While it was welcome news that the bill was amended to keep early voting at three weeks, requiring cities to pass their own legislation if they wanted to make further cuts, the League of Women Voters of Georgia is now reporting a flaw in the language that could take municipal early voting down to zero.

According to the League, it's time to act:

Please call, email, facebook/twitter & fax . . . Lt. Governor Cagle and Senate members,

And tell them to protect early voting and STOP HB 891 or FIX HB 891 before allowing a vote. It is a discredit to democracy to ask our Senators to vote on a flawed bill!

There is an "agreement" to correct the error before HB 891 is signed into law, but it should be fixed now – or stopped. Timing is especially critical as today, March 20, is the last day of Georgia's legislative session.

In other voting rights news, a federal judge has ruled in the Arizona-Kansas proof of citizenship case, early voting expansion suffers a setback in Louisiana, Virginia voter ID implementation moves forward – ahead of schedule, and Wisconsin Democrats and Republicans alike are speaking out against voter suppression.

Check out even more news from our friends at Fair Elections Legal Network.

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

PFAW Foundation Submits Amicus Brief in Critical Voting Rights Case

Yesterday, People For the American Way Foundation , on behalf of its Young People For program, joined with Demos and several other civil rights groups to submit an amicus brief to the Supreme Court urging it to reject a new requirement in Arizona that requires people to show certain documents proving citizenship when they register to vote. As Demos explains in its press release about the brief, this requirement could severely hamper grassroots voter registration efforts:

The brief filed today details the real-world negative impact that Arizona’s extreme documentation requirements have on the ability of community-based voter registration organizations to register eligible citizens to vote, particularly through registration drives.  Proposition 200 requires that a potential registrant produce a post-1996 Arizona driver’s license, a current U.S. passport, a birth certificate, naturalization documents, or selected Bureau of Indian Affairs and tribal identification documents.  Many eligible citizens do not possess these narrow forms of documentation required by the law and, of those who do, many  do not carry them while conducting their daily affairs.  Community-based registration efforts overwhelmingly rely on approaching individuals who did not plan in advance to register at that time or location and who are thus unlikely to be carrying a birth certificate, passport, or other documentation.  Even when a potential registrant does happen to be carrying one of the required documents, logistical hurdles—ranging from an inability to copy documents on the spot to an unwillingness to hand over sensitive identification documents to registration drive volunteers—greatly hinder the ability of community-based organizations to register people in Arizona.  In short, community-based voter registration efforts are made more difficult, less effective, and more expensive as a result of Proposition 200’s citizenship documentation requirements.

The case in question, Arizona v. Inter Tribal Council of Arizona, is one of two critical voting rights cases that the Supreme Court will hear this year. The Court will also be considering a challenge to Section 5 of the Voting Rights Act, which requires states and counties with a history of voting discrimination to get any changes to voting laws pre-cleared by the Justice Department or a federal court before they can go into effect. That law has helped to deflect numerous challenges to voting rights, including in the lead-up to the 2012 election. In fact, the Arizona law at issue in this case is a perfect example of why our federal voting rights protections should be expanded rather than eliminated.

Young People For fellows across the country worked last year to register and get young voters to the polls.

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