There has been a development in investigating one of the Election Day efforts to suppress the Democratic vote.
On Election Day, Maryland Democrats received telephone calls late on Election Day telling them that Democratic Governor Martin O'Malley had won reelection, so they could "relax" (i.e., not vote). It was soon discovered that the calls were generated by an operative working for the campaign of O'Malley's Republican opponent, former Governor Bob Ehrlich.
On Friday, state police raided that operative's home. According to the Baltimore Sun:
Investigators for the state prosecutor on Friday raided the home and office of Julius Henson, the political operative who ordered the controversial Election Day robocalls for former Gov. Robert L. Ehrlich. ...
Henson, a Democratic operative who was working this year for the Republican Ehrlich, ordered more than 112,000 robocalls before the polls closed on Election Day last month.
The calls focused on Democratic precincts in Baltimore and Prince George's County. The recorded message featured a female voice suggesting that Democratic Gov. Martin O'Malley had already won the election and encouraging supporters to stay home. ...
Ehrlich, who paid Henson $111,000 for "community outreach," told the Annapolis Capital last week that the calls were "done outside of my purview." When news of the calls broke on Election Night, an Ehrlich spokesman called them "absolutely irresponsible."
Maryland Attorney General Douglas F. Gansler has filed a civil lawsuit against Henson, alleging voter intimidation and vote suppression.
By the way, the effort to suppress the Democratic vote failed. Not only did Governor O'Malley win reelection by 14 points (double the margin over the same opponent in 2006), but Democrats gained seats in the state senate.
Election Day saw a number of efforts to intimidate or trick Democrats out of their constitutional right to vote, stoke fear of rampant voter fraud, and delegitimize possible victories by Democrats. (See here for the days leading up to Tuesday). Here are a few examples:
Some more on the voter "fraud" / voter intimidation front:
As we get closer to Election Day, the cacophony over "voter fraud" grows louder. Here are just a few of the items we're seeing:
It is important to remember why the Right puts so much energy into the Voter-Fraud Fraud, screaming and yelling and working overtime to tackle a mostly non-existent problem. While they don't root out the voter fraud that was never going to happen in the first place, they do intimidate people, often people of color and likely Democratic voters, into not voting. They also work to paint any election victory by Democrats as illegitimate.
With a new Government Accountability Office report on the activities of the Civil Rights Division of the Department of Justice between 2001-2007, we are learning even more about a department that had been politicized to a dangerous degree under the Bush Administration. Instead of representing the best interests of the American people, the DOJ had been turned into a political machine. The report, obtained by The New York Times, found:
When compared with the Clinton administration, its findings show a significant drop in the enforcement of several major antidiscrimination and voting rights laws. For example, lawsuits brought by the division to enforce laws prohibiting race or sex discrimination in employment fell from about 11 per year under President Bill Clinton to about 6 per year under President George W. Bush.
The report also found that recommendations of career DOJ lawyers to pursue voter intimidation and other cases were inexplicably rejected, with the supervisors leaving no information explaining why the cases had been closed.
The office also found that case files often had no information explaining why supervisors had decided to close cases, sometimes against the recommendation of career officials. In a companion report, it also found that six years of internal audits about the division’s case-tracking system were missing.
People For the American Way followed the politicization of the DOJ during the Bush Administration, calling for the resignation of then-Attorney General Alberto Gonzales and others who played a part in the department’s politicization. We reported on the U.S. attorneys scandal, in which career attorneys at the department were instructed to follow the lead of the White House, not the rule of law, to smear Democratic candidates, protect GOP candidates, and suppress voter turnout through overzealous pursuit of baseless voter fraud claims. We responded to the Inspector General’s report which confirmed the inappropriate actions surrounding their firing.
Today, Senator Sheldon Whitehouse (D-R.I.), along with 10 of his colleagues, re-introduced his bill – the “Caging Prohibition Act” – that if enacted, would prevent political operatives from removing eligible voters from voting lists based on inaccurate and unreliable information. Like the Deceptive Practices and Voter Intimidation Prevention Act, originally introduced by then Senator Barack Obama, the need for this bill became increasingly evident in the most recent federal elections where we have seen an increase in dirty campaign tricks aimed at suppressing the vote.
From the press release:
The Caging Prohibition Act, which was first introduced in the 110th Congress, would prohibit interference with registration or voting based solely on unreliable information, such as a "caging list." Caging is a voter suppression tactic in which a political party, campaign, or other entity sends mail marked "do not forward" to a targeted group of voters - often minorities or residents of minority neighborhoods. A list of those whose mail was returned "undelivered" is then used as the basis for challenges to the right of those citizens to vote, on the grounds that the voter does not live at the address where he or she is registered. There are many reasons that mail is returned undelivered, however; an eligible voter could be overseas on active military service or a student registered at a parent's address.
The Caging Prohibition Act would mandate that anyone who challenges the right of another citizen to vote must set forth the specific grounds for that voter's alleged ineligibility and describe the evidence to support that conclusion, under penalty of perjury. Following allegations in 2008 that Republican Party officials in Michigan, Florida, Indiana, and Ohio were considering challenging the eligibility of voters who were on a list of people whose homes were subject to foreclosure, the sponsors updated last year's version of the Caging Prohibition Act to explicitly prohibit challenges based on the foreclosure status of a voter's residence.
People For the American Way is committed to passing legislation that will increase the franchise and eliminate barriers to the ballot. This is what a true democracy is all about. While this country may have passed a threshold in the 2008 elections such that those working to decrease the franchise were overtaken by voting right advocates and the massive participation of voters, we must still be vigilant in protecting the franchise lest we repeat the electoral tragedies experienced during the 2000 and 2004 Presidential Elections. Senator Whitehouse’s voter caging bill is a welcome step in this process and we encourage all Senators to support this bill in a timely fashion so that we can protect the rights of all voters.
Well, I guess some people sit around and think, hey this group of people just lost their homes, why don’t we take their vote too? Civil right groups nationwide are up in arms about a reported Michigan GOP scheme to challenge voters on Election Day using the list of foreclosed homes as the basis for the challenge.
In addition to being a mean-spirited attempt to deny persons in extremely vulnerable states access to the polls, it is also an insufficient ground to challenge a voter’s eligibility!
According to former voting rights litigator J. Gerald Hebert, foreclosure notices may not, in and of themselves, be grounds for election challenges because “people often remain in their homes after foreclosure begins and sometimes are able to negotiate and refinance.”
Thus, implementing such a policy would likely have the effect of disenfranchising large swaths of voters, who would be and are eligible to vote. Additionally, most foreclosures in Michigan were on sub-prime loans, which went at a disproportionally high rate to African Americans at a rate of over 60%. Hmm, let’s look at all the pieces: African American Voters + Suppresion Tactics = same plan, different year.
While it still astonishes me to hear about the wanton depths some people will go to keep “certain” people away from the polls, it’s definitely not the first time we’ve seen deceptive and suppressive tactics used on people of color.
Perhaps most astonishing is the Party’s insistence upon ensuring that election procedures are followed. It is difficult to imagine the challenging of poor people and minorities who are struggling to fight their foreclosures as being evidence that our electoral process is running smoothly!
Foreclosures across the country have reached an all time high, with nearly 1.25 million homes in foreclosure, and it would be not be unlikely to expect challenges of this sort in other states with high foreclosure rates, such as Ohio, Florida, Nevada and Arizona (surprise, surprise — competitive election states!) While deceptive practices and voter intimidation and suppression tactics such as this have been common in federal elections, it is long past time to put an end to this.