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 Day… Twice! 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.

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 Day… Twice! 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.

Late yesterday, a three-judge panel ruled that Florida's effort to restrict early voting discriminates on the basis of race and therefore cannot go into effect in parts of the state. It is a victory for those who value democracy, and it shows the important role that fair and just federal judges play in that democracy.

Under Section 5 of the Voting Rights Act, jurisdictions with a history of discrimination must get "preclearance" before changes in their voting laws can be carried out. That preclearance can be requested either from the Department of Justice or, as in this case, from a federal district court panel of three judges. Five of Florida's 67 counties are covered by this requirement (Hillsborough, Monroe, Collier, Hendry, and Hardee), so today's ruling applies only there.

Florida had previously had generous early voting provisions, with 96 hours of early voting over 12 days. The new Florida law allowed elections officials to hold early voting for anywhere from 48 to 96 hours over eight days. After making an intensive, fact-based analysis, the judges unanimously ruled that this would have a discriminatory impact on African Americans, who are more likely to use early voting. In addition, Florida failed to demonstrate that this would not present so severe a burden that it would likely cause some reasonable minority voters not to exercise their right to vote. The panel concluded that they would pre-clear the law if local officials in the five covered counties allow early voting for a total of 96 hours, with the polls open from 7 am – 7 pm over eight days.

The federal panel disputed Florida's argument that a voting change is permissible if it burdens only a small number of people:

Voting is a fundamental right, preservative of other basic civil and political rights, and no amount of voter disenfranchisement can be regarded as "de minimis." [internal citation omitted]

This is a perfect example of the vital role that federal courts play in our society. A group of Americans was targeted for disenfranchisement, but fair and just federal judges were there to protect their legal rights – and protect America's electoral democracy in the process.

Voting rights advocates in Ohio are outraged as Secretary of State John Husted has decided to end the evening and weekend voting in Cuyahoga County that have benefitted voters there in four of the past five years. He broke a tie vote after county election board members deadlocked along party lines about whether to maintain extended voting hours. Polls will now be open on weekdays only, from 8:30 a.m. until just 4:30 p.m.

Husted claims that this new policy ensures equal protections for all citizens, since not every Ohio county has offered extended voting hours. However, as Christine Link, executive director of the ACLU of Ohio puts it, using this logic, "[equal protection] will become a race to the bottom." Since the secretary has the ability to break tie votes on election boards, his stance may encourage board members in other counties who have voter suppression agendas to force votes that will strip Ohioans of even more opportunities to vote.

State Senator Nina Turner has estimated that, along with the termination of voting in the three days before the election, this recent reduction in voting hours could keep 29,000 people from the polls. This will have a particularly significant impact among women, the elderly, and those with lower incomes and education levels. People with a disability or illness will also suffer from being deprived of voting opportunities, as 10 percent of early voters in 2010 reported voting early for one of these reasons. Democratic lawmakers have protested that, since these groups tend to favor Democrats, they will be at a disadvantage in a critical swing state come November.

Senator Turner sees a historical precedent for this voter suppression with grave implications:

History is repeating itself in a very ugly way. Jim Crow has been resurrected. He is making repeat performances in portions of the South and he has packed his bags and is headed north.

The new policy will also end GOTV efforts that have been successful in the past, including when supporters of our African American Ministers Leadership Council (AAMLC) transported voters to the Board of Elections on weekends to vote early.

Supporters of AAMLC, along with other voting rights advocates, are already planning to take state officials to court over the issue and are contacting the Secretary of State to send a message that they will not tolerate his voter suppression tactics.

For more information, check out The Right to Vote under Attack: The Campaign to Keep Millions of Americans from the Ballot Box, a Right Wing Watch: In Focus report by PFAW Foundation.