More than a year ago, the Supreme Court dealt a major blow to voting rights when they struck down a key provision of the Voting Rights Act in their Shelby v. Holder decision. In the wake of this decision, nine states and many other counties that once had to have their voting law changes approved by the federal government before they took effect — what’s known as “preclearance”— no longer have to do so. With the midterm elections rapidly approaching, where does that leave voters in the preclearance states and in other states where legal battles over voting laws are raging?
Yesterday ProPublica published a great round-up of the current landscape of voting rights across the country. Some of the lowlights included:
• Seven preclearance states have announced new restrictions since the Supreme Court rolled back the Voting Rights Act.
• [In 2012], a federal court called Texas's photo ID law [the] “most stringent in the country.” Now, it’s in effect.
• Two months after the Supreme Court ruling on the Voting Rights Act, North Carolina cut early voting and eliminated same-day registration.
ProPublica notes that while glaringly discriminatory barriers like literacy tests are behind us, these legal changes matter a great deal. As voting rights advocates have demonstrated, voter ID laws, limitations on early voting, and voter roll purges disproportionately harm communities of color and other marginalized groups. Rather, Americans agree that no one should be facing barriers to casting a ballot and participating in our democracy.
You can read the full article here.
The past week held both good news and bad news for voting rights, depending on your part of the country. On Friday in Ohio, an appeals court declined to put on hold a ruling that expands early voting in the state, a win for those of us who believe that voting should be fair and accessible for all people. But on the same day, an appeals court gave the okay to Wisconsin’s voter ID law — a law that had been blocked months ago by a federal judge who noted that it disproportionately affects Latino and black communities.
Commentators have noted that instating the new voter ID law in Wisconsin so close to an election could cause real confusion for voters, and advocates are asking for a re-hearing. As election law expert Rick Hasen said, “It is hard enough to administer an election with set rules — much less to change the rules midstream.”
Beyond the practical implications for voters, it’s also important to connect the dots back to how these decisions happened and who was making them. As The Nation’s Ari Berman wrote on Friday night:
[A] panel of Democrat-appointed judges on the Sixth Circuit upheld a preliminary injunction from a Democrat-appointed district court judge striking down Ohio’s cuts to early voting. Two hours earlier, however, a trio of Republican-appointed judges on the Seventh Circuit overturned an injunction from a Democratic judge blocking Wisconsin’s voter ID law.
This is why elections matter. And the courts are increasingly becoming the arbiters of who does and does not get to participate in them. [emphasis added]
In an interview recorded in September 2012, North Carolina Speaker of the House and U.S. Senate candidate Thom Tillis compared the growing population of African Americans and Latinos to a stagnant “traditional population of North Carolina and the United States.”
In an interview highlighted by Talking Points Memo, which first spotted the 2012 interview, a spokesman for Tillis claimed that “traditional North Carolinians refers to North Carolinians who have been here for a few generations.”
If you listen to the full context of Tillis’ remarks, however, it is clear that he was referring to the “traditional population” as a group distinct from the “Latino population” and the “African American population.”
Right Wing Watch points out that “traditional population” and “traditional Americans” are frequently used by anti-immigrant extremists as euphemisms for “white population.” For instance, in The Social Contract, a journal founded by an influential anti-immigrant leader, the term is used in a 2012 essay by Brenda Walker when she says, “Traditional Americans are assailed by affirmative action and benefits for illegal aliens, which are not available to citizens.”
In speaking of the “traditional population,” Tillis stands alongside people like William Gheen, founder of anti-immigrant group Americans for Legal Immigration PAC, who said that immigration reform would create a situation in which “traditional Americans, like those who that have been here for hundreds of years in descendancy, will no longer govern our own nation.”
It is true that North Carolina’s African American, Latino, and Asian American populations are growing faster than its white population. For instance, the Latino population in North Carolina grew by 111.1 percent from 2000 to 2010, increasing from 4.7 percent of the population to 8.4 percent. Yet Tillis has consistently worked to marginalize Latinos, by cutting spending on education, opposing healthcare reform, and supporting a restrictive voter identification law ironically called “VIVA.” That’s why People for the American Way is working in North Carolina this year to make sure Latino voters know the threat posed by Tillis’ extreme agenda.
Last year PFAW’s Spanish-language advertising helped spur turnout among Latinos in Virginia’s gubernatorial elections, and did the same in many 2012 battleground contests. As we look to the 2014 elections, Tillis’ actions and statements marginalizing the Latino community will represent a real challenge to his standing in an increasingly powerful voting bloc.
In June, the Supreme Court struck down the key enforcement mechanism of the Voting Rights Act of 1965, which mandated Justice Department review of election law changes in states and counties with a history of voting discrimination.
The state of Texas responded almost immediately by going ahead with an arduous photo ID requirement that had until the Supreme Court’s decision been blocked by federal courts.
As the Justice Department and voting rights advocates feared, Texas’ law, which went into effect on Monday, is already keeping qualified people from registering to vote. So far, only 41 of the 1.4 million people who lack an eligible voter ID have obtained a substitute “election identification certificate.” But the new requirement isn’t just preventing people who don’t have certain forms of ID from registering to vote – it’s also threatening to disenfranchise women who changed their names when they married.
Policy Mic notes that the Texas law “requires all voters to provide a photo ID that reflects their current name. If they cannot, voters must provide any of a series of other acceptable forms of identification all of which must match exactly and match the name on their birth certificate." This presents a problem for the 34 percent of women who lack an ID that shows their current name, including those who changed their names when they married:
In fact, only 66% of women have an ID that reflects their current name. If any voter is using name different than what appears on their birth certificate, the voter is required to show proof of name change by providing an original or certified copy of their marriage license, divorce decree, or court ordered name change. Photocopies aren’t accepted.
Now ask a woman who’s been married for years where her original marriage certificate is. Ask a woman who’s been divorced — maybe more than once — where all the divorce decrees are. Ask elderly women where their original birth certificate is.
Today, Think Progress reports on one Texas woman caught in this trap: a state district court judge who has been voting for nearly 50 years but whose registration was almost blocked because her drivers’ license lists her maiden name as her middle name, while her voter registration form did not:
As she told local channel Kiii News, 117th District Court Judge Sandra Watts was flagged for possible voter fraud because her driver’s license lists her maiden name as her middle name, while her voter registration form has her real middle name. This was the first time she has ever had a problem voting in 49 years. “What I have used for voter registration and for identification for the last 52 years was not sufficient yesterday when I went to vote,” she said.
Watts worried that women who use maiden names or hyphenated names may be surprised at the polls. “I don’t think most women know that this is going to create a problem,” the judge said. “That their maiden name is on their driver’s license, which was mandated in 1964 when I got married, and this. And so why would I want to use a provisional ballot when I’ve been voting regular ballot for the last 49 years?"
The Justice Department is currently suing Texas over the law and asking a federal court to require preclearance in the future, under a section of the Voting Rights Act not affected by its recent ruling.
We’re already well aware that the voter ID laws that have been passed in many states are designed not to prevent fraud but to deter certain groups of people from voting, as several Republicans have admitted in the past. But even without those accidental moments of honesty, it would be clear that something other than an epidemic of voter fraud was motivating the passage of these laws, because there is nothing close to an epidemic of voter fraud.
Today, we have some new evidence of that. Wayne Slater of the Dallas Morning News reviewed the 66 voter fraud cases prosecuted by Texas Attorney General Greg Abbott since 2004 and found that just four cases would have been prevented by the state’s voter ID law. The law was passed in 2011 and blocked by a unanimous three-judge panel of federal judges until this spring, when the Supreme Court gutted the key enforcement provision of the Voting Rights Act. Just two hours after the Supreme Court handed down its decision, Abbott declared the voter ID law to be once again…which in turn led to another Justice Department lawsuit.
The numbers that are supposedly driving Texas’ voter ID push are so ridiculous that they’re actually quite difficult to illustrate. Consider this: Texas had 13,594,264 registered voters in 2012. Four cases of fraud out of 13,594,264 voters works out to… actually, it’s a percentage so small my calculator won’t even display it. Of course, voter fraud is a serious felony that Texas is right to prosecute on the rare occasions that it happens. But Greg Abbott considers the crime widespread enough to pass a law that will disenfranchise thousands of voters who can’t access the ID they need, or will be confused or otherwise deterred by the restrictions and won’t go to the polls.
Perhaps the most telling part of Slater’s piece is this:
“Abbott acknowledged that voter ID wouldn’t have made a difference in most of the cases he has prosecuted.”
Instead, Abbott’s response to Slater’s data on the ineffectiveness of voter ID was as logical as can be expected: Obamacare!
So Abbott’s solution to prevent potential voter fraud is one that he admits won’t address most of the (very few) actual instances of fraud, yet he’s pushing ahead with instituting a law that will disenfranchise thousands? To me, it looks like he doesn’t even believe his own spin anymore. The only “problem” this law addresses is that some people want to vote for Democrats—and Greg Abbott knows it.