The Right to Vote

Leading Conservative Judge Says He Was Wrong to Uphold Voter ID Law

Richard Posner now recognizes that voter photo ID laws are intended to unconstitutionally suppress the vote.
PFAW Foundation

The Republican Electoral Rigging Plan Is Back

It’s all been quiet on the election-rigging front for a while—so quiet that you might have thought the Republicans’ plan to rig the electoral college had been quietly dropped. Sadly, that’s not the case.

Florida state Rep. Ray Pilon introduced a bill last week to change how the state apportions its electoral college votes. Under his plan, the state would award its electoral college votes by congressional district. If this plan had been in place in 2012, Florida would have awarded an extra 15 electoral college votes Mitt Romney. Indeed, as Think Progress points out, if every state used this plan, Romney would have won the election.

That massive hypothetical shift is partly due to another plank of the Republicans’ plan to rig elections in their favor: gerrymandering congressional districts. If states like Florida award their votes by congressional district, then the Republican party in those states can create a huge advantage for themselves by gerrymandering their congressional district maps. This part of the plan is already complete in many states, where we won’t have an opportunity to try and reverse some of this gerrymandering for nearly 10 years (and two presidential elections).  Florida’s GOP would certainly benefit from such a plan, where the last round of redistricting created a map that will, in the words of the Washington Post, help “cement their overwhelming majority in the state’s delegation for a decade to come.”

Just look at the red the congressional district maps in Pennsylvania[], where Obama won the popular vote by more than five percent but would have lost the majority of electoral college votes under a plan like Pilon’s. Indeed, congressional district maps throughout the country are so gerrymandered that while Democrats won the 2012 popular vote for House seats, we ended up with the second biggest GOP majority in 60 years.

It’s clear that this bill is another sad attempt to rig the game in the Republicans’ favor. It has nothing to do with fairness and democracy, and everything to do with partisan games. But just being sick of losing doesn’t give you the right to change the rules. Most people learned that as children on the playground, but it seems like the Republican party never got that lesson. The only way they’ll ever get these bills passed is if we let them get away with it, so it’s up to us to let them know that we’re paying attention. That’s how we’ve kept these bills from being passed in every other state that they’ve been proposed in over the past year, and that’s what we’ll do with this bill. 

PFAW

Republican Admits His Party Does Better When People Don't Vote

How’s all that new outreach going, GOP? Not that well, it seems.

This week, Nevada Assembly Minority Leader Pat Hickey gave meaning to that old political saying, “A gaffe is when a politician tells the truth.” Speaking on a conservative talk radio show about the Republican Party’s chances in 2014, Hickey said:

"Probably where we had a million voters turn out in 2012; we'll have like 700,000 [in 2014]. A lot of minorities, a lot of younger people will not turn out in a non-presidential year. It's a great year for Republicans!"

It’s a great year for Republicans-- when people don’t vote! Particularly those young people and minorities, so never mind them! Really, just a great job rebranding there, GOP, I think you’ve nailed it.

Of course, it’s amusing when a politician accidentally reveals the truth like this, but it points to a serious problem in our democracy. The Republican assault on the right to vote in this country is moving full steam ahead, with bills introduced in 31 states just this year. It’s clear at this point that no amount of accidental truth-telling is going to embarrass them into stopping this attack: they’ve had slip-ups like this in the past, but they still keep pushing to make it harder for people to vote. We can’t wait for them to start feeling ashamed of their position, because that’s clearly never going to happen. It’s up to us to actively defend the right to vote, wherever it is under attack. 

PFAW

PFAW Releases New Toolkit on Getting Money Out and Voters In to Our Democracy

We believe in a democratic system where all Americans have equal access to the voting booth and can express their views on a level playing field.
PFAW

Voter suppression and intimidation reported in Colorado recall election

The recall effort began earlier this year as a grassroots protest and on Tuesday resulted in State Senate President John Morse of Colorado Springs and State Senator Angela Giron of Pueblo losing their seats.
PFAW

Texas Voter ID Law Would Have Prevented Just Four Instances of Voter Fraud

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. 

PFAW

Virginia Plans Massive, Faulty Purge of Voter Rolls

Between the Supreme Court’s decision to neuter Section 5 of the Voting Rights Act and the passage of one of the nation’s most restrictive voter ID bills in North Carolina, with many other states also passing bills to restrict voting and registration, it’s been a tough year for the right to vote in America. And it just got worse in Virginia, where elections are just around the corner.

According to a report by Think Progress, around “57,000 Virginians have been flagged as being registered in another state, and counties are removing some from the voter rolls without any notice or opportunity to rebut the claim.” This is a crucial point in this case: it’s one thing to make thousands of registered voters jump through hoops to prove they’re eligible to vote in the state, but it’s quite another to remove those voters without any notice, less than two months before an election and less than six weeks before the registration deadline. If the voter was removed in error, the burden is on that voter to fix the state’s mistake in time to vote this November. As Think Progress points out, 57,000 voters is around 3% of the number of voters in 2009—more than enough to make the difference in a close election.

This is disturbing news, particularly following reports that Florida may be looking to take another shot at purging their voter rolls, which they failed to do in time for the 2012 election. Oh, and Iowa, too. Any other swing states feel like joining in?

For more information on voter purges, take a look at  the Brennan Center’s report, as well as our report on voter fraud, The Right To Vote Under Attack: The Campaign to Keep Millions of Americans from the Ballot Box.

PFAW

James Crow, Jr., Esquire and the Moneyed Assault on Voting Rights

At the 50th anniversary of the March on Washington this Wednesday, Reverend Al Sharpton made the case that people of color are facing a new generation of Jim Crow-type laws.  “Jim Crow had a son,” Sharpton said, a son who writes voter suppression, Stand Your Ground, and stop-and-frisk laws.  His name?  “James Crow, Jr., Esquire.” 

At Rosa Park’s funeral in 2005, Sharpton made similar comments:

The one we’ve got to battle is James Crow, Jr., Esquire. He’s a little more educated. He’s a little slicker. He’s a little more polished. But the results are the same. He doesn’t put you in the back of the bus. He just puts referendums on the ballot to end affirmative action where you can’t go to school. He doesn’t call you a racial name, he just marginalizes your existence.

A case in point of the slicker, more polished push for policy that disproportionately harms people of color is the assault on voting rights in North Carolina. The Institute for Southern Studies released the results of an investigation yesterday finding that mega-donor Art Pope has played an important, if largely hidden, role in making restrictive voting laws in the state a reality.  Whether through funding conservative think tanks disseminating lies about voter fraud or by financially backing Republican elected officials involved in pushing the sweeping anti-voter law, Pope’s influence in bringing about what The Nation described as “the country’s worst voter suppression law” is clear.

At PFAW, we often write about the danger of individual Americans’ voices being drowned out by the roar of moneyed interests in our democracy.  Through organizations like the American Legislative Exchange Council, corporate lobbyists can quietly help get Stand Your Ground and voter ID laws on the books.  Art Pope’s support of North Carolina’s draconian voting law shows one more example of why the struggle to protect individual voices and votes in a democracy being flooded by the money of wealthy special interests is an uphill battle – but a battle unquestionably worth fighting.

PFAW

Making History and Knowing our History

Events commemorating the 1963 March on Washington for Jobs and Freedom are already under way in Washington, D.C.  If you live in the capital area or nearby, you may want to attend events at the Lincoln Memorial this Saturday, August 24th or next Wednesday, August 28th , or one of dozens of other events. The A. Philip Randolph Institute, for example is holding its 44th annual education conference and youth conference in honor of Randolph and Bayard Rustin, the organizers of the March who appeared on the cover of Life Magazine’s September 6, 1963 issue. You can find information about events here and here.

Whether or not you can get to Washington, you can catch major events on television. And you might want to get started tonight – Friday, August 23 – with the PBS re-broadcast of an award-winning documentary about author and advocate James Baldwin.  James Baldwin: The Price of the Ticket will be shown on PBS stations as part of the American Masters program.  Broadcast times vary so check your local station’s listings. PBS will also host on interactive online screening at 5:00 pm eastern on August 28th.

Another important documentary, Brother Outsider: The Life of Bayard Rustin, will also be shown on public television on August 28th.

For a reminder of why it’s important to know our history, and prevent it from being co-opted, see People For the American Way President Michael Keegan’s new Huffington Post op-ed, Don’t Let the Right Wing Co-opt King.

PFAW

Congress Begins Work on New Voting Rights Act Legislation

The House and Senate held hearings last week to discuss a replacement for the federal preclearance formula of the Voting Rights Act. Without a coverage formula, the Justice Department will no longer be able to enforce the VRA’s Section 5, which requires states and counties with histories of discriminatory voting practices to secure federal approval before changing their voting laws.
PFAW

In 2016, Remember This Week at the Supreme Court

It's been a week of mixed emotions for those of us who care about civil rights. There was the elation today when the Supreme Court overturned the so-called Defense of Marriage Act -- the discriminatory law that has hurt so many Americans in its nearly 17 years of existence -- and let marriage equality return to California. There was the anger when the Court twisted the law to make it harder for workers and consumers to take on big corporations. And there was the disbelief and outrage when the Court declared that a key part of the Voting Rights Act that was so important and had worked so well was now somehow no longer constitutional.

But throughout the week, I have been reminded of one thing: how grateful I am that Mitt Romney will not be picking the next Supreme Court justice.

It remains true that this Supreme Court is one of the most right-leaning in American history. The majority's head-in-the-sand decision on the Voting Rights Act -- declaring that the VRA isn't needed anymore because it's working so well -- was a stark reminder of why we need to elect presidents who will nominate Supreme Court justices who understand both the text and history of the Constitution and the way it affects real people's lives.

We were reminded of this again today when all the conservative justices except for Anthony Kennedy stood behind the clearly unconstitutional DOMA. Justice Antonin Scalia -- no stranger to anti-gay rhetoric -- wrote an apoplectic rant of a dissent denying the Court's clear role in preserving equal protection. If there had been one more far-right justice on the court, Scalia's dissent could have been the majority opinion.

Just think of how different this week would have been if Sonia Sotomayor and Elena Kagan were not on the court and if John McCain had picked two justices instead. We almost certainly wouldn't have a strong affirmation of LGBT equality. Efforts to strip people of color of their voting rights would likely have stood with fewer justices in dissent. And the rights of workers and consumers could be in even greater peril.

As the Republican party moves further and further to the right, it is trying to take the courts with it. This week, we saw what that means in practice. As we move forward to urge Congress to fix the Voting Rights Act and reinforce protections for workers and consumers, and work to make sure that marriage equality is recognized in all states, we must always remember the courts. Elections have real consequences. These Supreme Court decisions had less to do with evolving legal theory than with who appointed the justices. Whether historically good or disastrous, all these decisions were decided by just one vote. In 2016, let's not forget what happened this week.

This post originally appeared in the Huffington Post.

PFAW

The Smoking Gun in the Voting Rights Case

Scalia's comments during oral arguments show that he was guided by personal ideology, not the law.
PFAW

Representative John Lewis: "There's other bridges to walk across"

The Supreme Court's ruling in Shelby is a setback, or as Representative Lewis put it to ABC's Jeff Zeleny earlier today: "What the Supreme Court did was to put a dagger in the very heart of the Voting Rights Act of 1965." But it's also part of the voting rights bridge that we must continue fighting to get across.
PFAW Foundation

In Voting Rights Decision, Roberts Rewrites the 15th Amendment

The Court usurps Congress' constitutional authority and undercuts the Voting Rights Act.
PFAW Foundation

Supreme Court Upholds Voting Rights in Arizona Proof-of-Citizenship Case

The Supreme Court issued 7-2 ruling in favor of voting rights today, finding that a restrictive Arizona law requiring that voters show proof of citizenship when registering by mail is preempted by federal law. The court upheld Arizonans’ right to register to vote by mail using a federal form created by the 1993 “Motor Voter” law, which allows voters to certify under oath that they are citizens. Arizonans will not have to submit information that the federal form does not require.

PFAW Foundation joined in an amicus brief in the case, Arizona v. Inter Tribal Council of  Arizona, on behalf of its Young People For program.

The Arizona law, which would have required voters to present one of a narrow set of documents proving citizenship in order to register to vote, would have impeded the voting rights of countless Arizonans. As Demos put it:

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.

The Supreme Court has yet to issue a decision in the other major voting rights case on its docket this term, the constitutionality of Section 5 of the Voting Rights Act.

PFAW

Calling Out Corbett: PFAW Press Conferences in Pennsylvania

The pushback against Pennsylvania Republicans’ electoral vote-rigging bill continues to grow, as more and more public officials and average voters call on Governor Corbett to dump the hyper-partisan scheme plan.

On Monday, People For the American Way held a press conference in Philadelphia with state Senator Anthony Williams and a representative from the office of U.S. Rep. Robert Brady, who said that he fears this legislation represents “more of the same” partisan tactics that we saw with last year’s voter ID bill.

Yesterday in the state capitol of Harrisburg, state Auditor Eugene DePasquale and state Treasurer Rob McCord added to the calls for Corbett to put aside partisan politics and “stand up and say, ‘This isn’t right.’” McCord warned that the bill would mean millions in lost economic activity, and called it a “shame.” DePasquale said that the bill would greatly reduce the influence of Pennsylvania in national elections by limiting the number of electoral votes in play to 3 or 4, similar to small states like Wyoming. “When was the last time you saw a major policy announcement from a president in Wyoming?,” he asked.

With the chorus of voices against the bill growing ever louder, from both Democrats and Republicans, it’s becoming harder and harder for Corbett to maintain his tacit support for this scheme. If Pennsylvanians keep speaking out against this bill, Corbett won’t be able to act like he can’t hear us for much longer. 

 

PFAW

A Wake-Up Call for Governor Corbett: GOP Lawmaker Opposes Electoral College Plan

We already knew from our canvassing these past few weeks that the Pennsylvania GOP’s electoral vote-rigging plan is unpopular with Pennsylvania voters. Now, thanks to a People For the American Way video, we know that this opposition isn’t just coming from the voters -- it’s also coming from crucial Republican state senators. At a town hall meeting in New Hope, state Sen. Charles McIlhinney told constituents that he thought the electoral college scheme, sponsored by Sen. Dominic Pileggi, was “poorly thought out” and that he wouldn’t support the bill. Senator McIlhinney pointed out that it would “set Pennsylvania back” by diminishing its significance in the electoral college, putting its influence on a level with smaller states.

This should be a wake-up call for Pennsylvania governor Tom Corbett. He’s already facing a tough re-election battle, and it’s clear that this electoral college scheme is not a winner for him -- the comments from Sen. McIlhinney are just further evidence of this.  But clearly, it seems like Gov. Corbett thinks staying silent on the issue will mean that no one will notice. Unfortunately for him, it doesn’t work like that: we know his silence reveals his tacit support for the plan, and the longer he leaves it, the clearer it becomes. Governor Corbett has been hiding from his own party’s policies for a while now, but with these comments from Sen. McIlhinney -- a prominent member of the committee that would be the first to consider the bill -- the reality’s catching up with him. It’s time to either come out and support the bill or admit, like Sen. McIlhinney did, that his party got it wrong on this one.

Watch our video of the Senator’s comments here:

PFAW

Stepping Up The Pressure: PFAW Press Conference With Joe Sestak in PA

Over the past few weeks, People For the American Way has been busy in Pennsylvania, at the front lines of the fight to stop a Republican attempt to rig the electoral college. We’ve delivered over 100,000 petitions to Governor Tom Corbett; hosted a press conference with African American ministers against the scheme; and organized canvassing trips in key state senate districts.  

Now, we’re stepping up the pressure again. Today in Media, Pennsylvania, People For the American Way hosted a press conference with former congressman Joe Sestak to demand answers from the scheme’s sponsor, state Sen. Dominic Pileggi. Admiral Sestak denounced the scheme, and called on Senator Pileggi to end his campaign to rig the election. We also heard from the Delaware County Democratic Party Chairman David Landau, who called on the Republican co-sponsors like state Sen. Edwin Erickson to remove their names from this bill. Finally, we heard from our own Robert Weaver, who talked about the “enormous dissent” we’ve been hearing about from these state senators’ constituents.

Again and again, we’ve heard Senator Pileggi and the Republicans try to avoid criticism of this bill simply by saying that the bill isn’t moving right now. That isn’t good enough. We know, and Joe Sestak knows, and even Dominic Pileggi knows the reality: a bad bill that’s not moving is still a bad bill, and it can start moving anytime. Senator Pileggi and his co-sponsors need to stop trying to hide from the debate and either stand up for this bill or remove it from consideration, instead of just waiting until they think Pennsylvania voters aren't looking. As Rob said today, we will not stop until we know that Pennsylvanians’ electoral votes are safe.

PFAW

You won't believe what's in the OH GOP's budget...

Not content simply to pass a definitively right-wing budget, in recent weeks the extremist Republicans in control of Ohio’s legislature tacked on a slew of amendments to a substitute budget bill that read like a Radical Right Christmas wish list, including:

  • Cracking down on student voting -- Republicans are attacking young people’s ability to cast a ballot by threatening state universities and trying to discourage them from supplying the proof-of-address documentation needed by students to get a voter ID! They’re going after universities’ revenue by requiring that any students to whom the schools provide utility bills or other proof be charged significantly less expensive in-state tuition -- a massive deterrent to keep schools from providing these forms to would-be voters.
  • War on women -- The bill would block Planned Parenthood from receiving federal family-planning dollars … You might be thinking, “Ah, that old chestnut… will right-wing attacks on women’s health ever cease?” Well, if you live in Ohio, the answer is clearly, “not this year!”
  • Attacking sex ed & teachers -- A provision about sex education opens teachers up a $5,000 fine and lawsuits from parents if their instruction “promotes gateway sexual activity.” Translated, this means that sex education teachers now face stiff penalties for teaching certain evidence-based lessons about health care, and for providing materials or information about contraception or several other topics the Religious Right doesn’t like (ie. doing their job).

If you live in Ohio, please help STOP this budget bill by calling now and urging your state representative to OPPOSE Sub. H.B. No. 59. Click here to find your legislator.

PFAW

Keeping the Pressure On: PFAW Canvassing in Pennsylvania

This weekend, our Pennsylvania volunteers had their best canvassing trip yet- and not just because of the beautiful weather. 20 volunteers met in State Senator Lloyd Smucker’s district, spending their Saturday afternoon talking to 700 Pennsylvanians and collecting signatures for our petition to Republican lawmakers in Pennsylvania. We weren’t surprised to hear the same things we hear every time we talk to Pennsylvania voters about the Republican electoral college plans: shock, confusion, and disappointment that Republican lawmakers like Senator Smucker are trying to make Pennsylvania less important to national elections.

Again and again, we’ve seen these Republican lawmakers avoid discussion of this bill by saying it isn’t a priority- but we know this is just another attempt to pull the wool over voters’ eyes. We know they’re trying to get these plans through quietly and without debate. And we know that Pennsylvanians won’t stand for it. We’re keeping the pressure on, and we need your help to do it. On April 10, we're delivering more than 100,000 signatures of PFAW supporters against the electoral college rigging at the Pennyslvania State Capitol Rotunda. If you haven't done so already, it's not too late to add your name to our petition to Republican lawmakers in PA and other states telling them to abandon this effort. Or donate to support our campaign here.

PFAW