The Right to Vote

Fighting for Voting Rights, Standing on the Shoulders of Giants

My family is from Selma, Alabama. My grandmother, aunt and mother (both teenagers at the time) were on the Edmund Pettus Bridge on March 7, 1965, what the history books now record as Bloody Sunday. Due to the terrible violence that occurred, my grandmother, a nurse, was called to the hospital to help treat the numerous people who had been injured, one of them being Civil Rights icon Congressman John Lewis.

I grew up hearing my family members’ Civil Rights Movement stories, continually in awe of their courage and determination. They had to deal with fire hoses, dogs, and police batons in order to receive what my generation now takes for granted, the right to vote.

Yesterday, nearly 50 years after Bloody Sunday and the passage of the Voting Rights Act, I stood outside the Supreme Court with many others who chanted, sang and rallied to protect the VRA’s Section 5. Yes, the dogs and the cattle prods are gone, but the spirit to oppress some of America’s citizens remains.

It saddens me that we still have to fight for our right to vote, and that there are those who are still trying to deny others their rights at the ballot box. But I was encouraged by the number of people who were outside the Supreme Court yesterday,  people of all races and creeds and ages who are dedicated to and invested in protecting the right to vote! Together we sent a message to the Justices and to the nation that Section 5 is still needed, because while our country has come a long way from that grainy black and white footage of people getting beaten while fighting for their rights, discrimination and attempts to disenfranchise still exist, especially in the states covered by Section 5.

It’s often said that we are standing on the shoulders of giants, but in my case, I am truly a descendant of Civil Rights heroes whose names will never be in the history books. They took a risk, put their lives on the line, not just for themselves but for me, someone who would not be born for another 15 years. When I hear my grandmother at 86 years old say that she will put on her marching shoes if she has to, then I know that I have no choice but to put on mine. I was proud to be at the rally to protect Section 5 of the Voting Rights Act yesterday. I was proud to honor the legacy of my family and anyone else who participated in the Movement. I was proud to continue the fight to ensure that no one is denied the right to vote.

PFAW Foundation

Scalia Completely Rewrites ... Everything

Scalia ignores constitutional text, says Congress didn't really mean to pass the Voting Rights Act, and calls the VRA a "racial entitlement."
PFAW Foundation

We Can’t Afford to Lose the Voting Rights Act

Tomorrow morning, the Supreme Court will hear oral arguments in a challenge to a pivotal section of the Voting Rights Act of 1965. The part of the VRA that’s under attack is Section 5, which requires the Justice Department or a federal court to approve changes to voting laws in states and counties that have a history of racially discriminatory voting practices before those laws can go into effect. The lead-up to last year’s elections, in which state legislatures passed a slew of discriminatory voter suppression measures, showed just how much Section 5 is still needed.

Today, People For the American Way Foundation released a new report from Senior Fellow Jamie Raskin detailing the history and continued need for Section 5 of the Voting Rights Act and what progressives can do to ensure equal voting rights in the years to come. Raskin writes:

A decision against Section 5 preclearance or the Section 4(b) coverage formula would likely spell the political demise of the Voting Rights Act, even if it is theoretically salvageable by an updated coverage formula or an even more relaxed preclearance procedure.  Our paralyzed, deadlocked Congress will never come to terms on how to revive and renovate it if the Court knocks it down or puts it into a tiny little straitjacket.

Win, lose, or draw, progressives should reckon with the prospect that the days of this landmark statute might be numbered.  This means that we need to take up an ambitious democracy and voting rights agenda of our own for the new century, this time with explicitly universalist aims and general terms that deal with the complex suppression of democracy today.  The voting rights struggles of the new century relate not just to old-fashioned racial trickery in Alabama and Texas but new-age vote suppression in Florida, Pennsylvania and Ohio; they involve not just traditional vote dilution in the South but the increasingly untenable disenfranchisement of 600,000 Americans in Washington, D.C and 3.6 million Americans in Puerto Rico.

Also today, PFAW Foundation’s Director of African American Religious Affairs, Minister Leslie Watson Malachi, wrote in the Huffington Post about the challenges that people of color still face at the ballot box, nearly half a century after the passage of the Voting Rights Act:

In 2011 and 2012 I organized faith leaders from 22 states in combating voter suppression efforts and turning out the vote among specific communities. This election cycle offered many powerful reminders why Section 5 of the Voting Rights Act is still needed. Texas, for example, passed a discriminatory voter ID law that would have required voters to present government-issued photo ID at the polls, which would have especially burdened poor people and people of color. But because Section 5 of the Voting Rights Act still stands, this law was defeated and the right to vote was protected. Reverend Simeon L. Queen of Houston, Texas, a comrade in the struggle, reflected: "It is inexcusable that nearly 50 years after the passage of the Voting Rights Act, politicians are still trying to make it harder for African Americans in Texas to vote. I wish the Voting Rights Act wasn't still necessary, but thank the Lord it's still there."

Since 1980 I have been fortunate to work with men and women, some who started before I was born, to fight for laws protecting the right to vote. Despite the commitment of those who devoted their lives to voter protections, the right to vote remains fragile for many Americans. From voter ID laws to restrictions on early voting, as a country we cannot allow anyone to say "this isn't a problem anymore" to communities who are experiencing, as others witness, those problems at the polls each election. 

PFAW Foundation

Voting Discrimination: Still an Obstacle to Democracy

This week, the Supreme Court will hear oral arguments in Shelby County v. Holder, a case challenging the protections of the Voting Rights Act. Based on a simple idea, one that is enshrined in our Constitution, the right to vote cannot be denied on the basis of race. It is considered by the Department of Justice to be "the most effective civil rights statute enacted by Congress," prohibiting voting discrimination in order to protect the right to vote for all Americans.

When President Lyndon Johnson signed into law the Voting Rights Act of 1965, he called the vote "the most powerful instrument ever devised by man for breaking down injustice" and Dr. Martin Luther King, Jr. called it the "foundation stone for political action." I call it a sacred right!

The centerpiece of that Act and the case is Section 5. It requires that all or portions of sixteen states with a history and a contemporary record of voting discrimination seek and gain approval federally before they put any changes in election practices into effect. Preclearance as it is known is intended to stop voter disenfranchisement before it can start.

In 1970 and again in 1975, Congress voted to extend the Voting Rights Act. At that time US Representative Barbara Jordan, my (s)hero and co-founder of People For the American Way, sponsored legislation that broadened the provisions of the Act to include Hispanic Americans, Native Americans, and Asian Americans.

As recently as 2006, Congress voted overwhelmingly to reauthorize Section 5 of the law with some critics then and now misguidedly asserting that it overstepped its boundaries, that voting discrimination really isn't a problem anymore, or that voting discrimination in other parts of the country somehow delegitimizes Section 5. I'd like to invite those critics to hear directly from people across the country who devoted countless hours to ensuring that marginalized communities were able to vote this past election.

In 2011 and 2012 I organized faith leaders from 22 states in combating voter suppression efforts and turning out the vote among specific communities. This election cycle offered many powerful reminders why Section 5 of the Voting Rights Act is still needed. Texas, for example, passed a discriminatory voter ID law that would have required voters to present government-issued photo ID at the polls, which would have especially burdened poor people and people of color. But because Section 5 of the Voting Rights Act still stands, this law was defeated and the right to vote was protected. Reverend Simeon L. Queen of Houston, Texas, a comrade in the struggle, reflected: "It is inexcusable that nearly 50 years after the passage of the Voting Rights Act, politicians are still trying to make it harder for African Americans in Texas to vote. I wish the Voting Rights Act wasn't still necessary, but thank the Lord it's still there."

Since 1980 I have been fortunate to work with men and women, some who started before I was born, to fight for laws protecting the right to vote. Despite the commitment of those who devoted their lives to voter protections, the right to vote remains fragile for many Americans. From voter ID laws to restrictions on early voting, as a country we cannot allow anyone to say "this isn't a problem anymore" to communities who are experiencing, as others witness, those problems at the polls each election.

President Johnson called the vote "a powerful instrument," Dr. King the "foundation stone," and for me it's a sacred right for breaking down injustice, removing obstacles to democracy and empowering the dis-empowered. When discriminatory laws threaten Americans' fundamental right to vote, we are called to utilize every tool available. Across the country we have seen the importance of courts in successfully fighting back against voter suppression efforts. Section 5 remains a key to protecting communities, my community from future attempts at disenfranchisement. Hopefully, prayerfully, the Supreme Court will realize this.

 This post originally appeared at the Huffington Post.

 

PFAW Foundation

Missouri Brings Voter ID Back from the Dead

Despite a veto and court rulings against the voter ID bill, Missouri’s state legislature continues this effort to disenfranchise thousands of voters.
PFAW

Election Protection: Our Broken Voting System and How to Repair It

“Although the time in our history has passed when certain Americans were excluded by force of law from electoral participation, endemic yet solvable problems continue to plague our system of elections and prevent too many eligible voters from fully participating in our democracy.”
PFAW Foundation

Ensuring that Desiline Victor, and all Americans, Get to Have Their Say at the Polls

In his State of the Union address last night, President Obama used his bully pulpit to ensure that the critically important issue of voting rights is securely on the agenda in 2013. Calling it “our most fundamental right as citizens,” the President announced the formation of a non-partisan commission focused on improving our country’s system of voting.

One woman who was undoubtedly pleased to hear this news was 102-year-old Desiline Victor of Miami, seated in the House visitors’ gallery, who had waited in line for hours to cast a ballot in November’s election.  President Obama noted that the country should follow her determined example: “As time ticked by, her concern was not with her tired body or aching feet, but whether folks like her would get to have their say,” he said.

After all, that is the issue at the core of a working democracy: whether folks get to have their say. 

Leading up to the election, our affiliate People For the American Way Foundation’s leadership programs witnessed and stood up to efforts across the country – ranging from unnecessary registration obstacles to early voting restrictions – to suppress the votes of those who have traditionally been disenfranchised: communities of color, low-income communities, and youth.  In the past two years alone, more than 65 suppressive voter ID bills were introduced in 34 states.

That’s why it is important that President Obama made it clear last night that he is serious about addressing the problems in our election system.  With increased access to early voting and an end to discriminatory voter ID laws, we can ensure that all Americans “get to have their say” at the polls.

PFAW

When Everything Is Partisan, Just Do What's Right

I suppose I shouldn't have been surprised when Republicans started complaining that President Obama's second inaugural address was too "partisan" and lacked "outreach" across the aisle. But who was left out? What did they find "partisan"? The acknowledgement of climate science? The idea that women should receive equal pay for equal work? The nod to civil rights struggles of our past and present? The hope that no American will have to wait in hours-long lines to vote? The defense of the existence of a social safety net? The determination to offer support to the victims of a historic storm and to find real answers to the epidemic of mass shootings? In the not-too-distant past, none of these would have raised eyebrows except on the very, very far right. But I guess that's the point: what was once the radical fringe is now in control of the Grand Old Party.

In many ways, Monday's inauguration ceremony was a Tea Party Republican's nightmare-come-true. The openly gay poet. The Spanish sprinkled into the benediction. The one-two-three punch of "Seneca Falls to Selma to Stonewall." It was the embodiment of all that the far right has tried to wall itself off from as the country begins to include more and more of the real America in its democracy.

What would have pleased this faction, short of winning the presidential election? I imagine they would have preferred a paean to the America of their imaginations -- where the founders were flawless and prescient about the right to bear assault weapons and the Constitution was delivered, amendments included, directly from God; where there are no gay people or only silent ones, where the world is not getting warmer; where there have been no struggles in the process of forging a more perfect union. This, of course, would have been its very own kind of political statement -- and one that was just rejected by the majority of American voters.

If embracing America as it is rather than as a shimmery vision of what it never was constitutes partisanship, and if it turns off people who cling to that dishonest vision, let's have more of it.

This post originally appeared at the Huffington Post.

PFAW

GOP Electoral College Scheme Advances in Virginia

On Wednesday, Republican state senators in Virginia cleared the first hurdle in their push to fundamentally change how state Electoral College votes are allocated.
PFAW

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

Martin Luther King, Citizens United and Driving Voters to the Polls

On a weekend that features both the third anniversary of the Supreme Court's decision in Citizens United v. FEC and Martin Luther King, Jr. Day, it is a timely moment to "take the temperature" of our democracy. Dr. King once said, "So long as I do not firmly and irrevocably possess the right to vote, I do not possess myself." What is the status of that right today? Or, to pose a broader question: what is the status of our democracy?

In the past year I worked with a network of 1,100 African American churches and 7,000 pastors to educate, motivate, and turn out our congregations and communities on Election Day. We facilitated hundreds of thousands of voter registrations, made more than a million contacts and even transported over 27,000 people to the polls. While we are proud of the work accomplished this year, it is clear to me -- and to many who facilitated get out the vote work -- that our elections aren't working equally well for everyone. More often than not, those for whom they are not working are people of color.

One of the reasons is that Americans -- and especially Americans of color -- are questioning whether our voices can be heard over the noise of massive corporate and special interest political spending in the wake of Citizens United. In the last election, more than 1.3 billion dollars of outside money flooded the airwaves, and voters understand that politicians are paying close attention.

Last year the Brennan Center for Justice at New York University School of Law conducted a national survey on American's perceptions of Super PAC spending and the implications for our political system. An overwhelming majority of respondents (77 percent) agreed that members of Congress are "more likely to act in the interest of a group that spent millions to elect them than to act in the public interest." Americans are seeing that excessive special interest spending is overwhelming the voices and priorities of individual voters -- as well they should. I believe that this is especially true for people of color, many of whom are starkly aware of the reality of the lack of power, influence and opportunities often available to us politically.

And as Colorlines' Brentin Mock pointed out, that's all before we even set out to vote. Faith leaders on the ground all across the country who I worked with witnessed the effects of voter suppression tactics such as voter ID laws and early voting restrictions. We all remember seeing photographs of voters standing in six hour long lines until 2:00 am on election night, waiting to cast their ballots even after the presidential election had been called. And a number of new suppressive laws may go into effect this year.

A democracy in which Americans do not have a fair opportunity to have their voices heard -- whether through discriminatory voter suppression tactics or through the overwhelming influence of big money on the political system -- is not a democracy working as it should. It is a democracy in need of healing.

That's why organizers around the country are speaking out this weekend to bring attention to the interrelated attacks on our democracy today. Under the banner of Money Out/Voters In, organizers are hosting "Day of Action" events in more than 76 cities in 33 states. Some of the same faith leaders who devoted their time and energy to GOTV efforts are leading teach-ins this weekend about the dual threats of voter suppression and unlimited corporate and special interest money in politics. As African American faith leaders who value the ideals of justice and fairness, we believe it is our responsibility to advocate for a system that puts electoral power in the hands of everyday Americans rather than corporations.

Perhaps Elder Lee Harris of Jacksonville, Florida -- one of the African American faith leaders organizing voting efforts this fall -- put it best: "We've come too far and fought too hard to let anybody take away our vote again."

This post was originally published at the Huffington Post.

PFAW Foundation

GOP Electoral College Power Play Tests Our Democracy

The GOP proposal to game the Electoral College in key blue states represents a massive escalation in the GOP war against electoral democracy.
PFAW

Thank You from PFAW Founder Norman Lear

Please take a moment to watch this end-of-the-year thank you message for you and all of PFAW's wonderful supporters around the world from PFAW founder Norman Lear:

year end donate

PFAW

Looking Back at Voting Rights in 2012

The Senate Judiciary Committee is holding a hearing this morning on “The State of the Right to Vote After the 2012 Election.” 2011 and 2012 saw an influx of state laws and administrative decisions designed to make it harder for certain groups of people to vote, actions that we documented in our 2011 report “The Right to Vote Under Attack” and in a 2012 update.

People For the American Way Foundation’s leadership programs were active in combatting voter suppression efforts across the country by getting out the vote among targeted groups. PFAW Foundation’s Young People For program worked with campus leaders across the country to mobilize over 22,000 young voters. And PFAW Foundation’s African American Ministers Leadership Council worked with African-American clergy in 22 states to facilitate 400,000 voter registrations and transport over 27,000 people to the polls.

Minister Leslie Watson Malachi, Director of African American Religious Affairs, submitted testimony [pdf] for today’s hearing about AAMLC’s voting rights work. She wrote:

Across the country, restrictions on voting led to confusion and discouragement among voters. But they also were a powerful motivator, especially for those of us who lived and fought through the Civil Rights Movement. As Elder Lee Harris of Mt. Olive Primitive Baptist Church in Jacksonville, Florida, put it, “We’ve come too far and fought too hard to let anybody take away our vote again.” Our task was to reach out to as many voters as we could to educate them on what they needed to vote and to make sure they got to the polls and stayed there.

Minister Malachi also emphasized the importance of the Voting Rights Act, which will be reviewed by the Supreme Court next year:

In the end, our efforts to educate and organize can only go so far. Equally important in the effort to maintain the right to vote has been the role of state and federal courts, where Americans can turn when powerful forces seek to deprive them of their right to vote. Federal courts play a particularly important role in protecting the guarantees set forth in the Voting Rights Act. From Ohio to Florida to Pennsylvania to South Carolina to Texas, the courts were critical in tamping down efforts to suppress the votes of African Americans and other targeted groups. As the Supreme Court prepares to review Section 5 of the Voting Rights Act, this year offered us many powerful reminders that the preclearance provisions of the VRA are still relevant and still vitally necessary. In August, when a federal court struck down Texas’ new voter ID requirement, Rev. Dr. Simeon L. Queen of Prairie View, Texas, offered these words:

“It is inexcusable that nearly 50 years after the passage of the Voting Rights Act, politicians are still trying to make it harder for African Americans in Texas to vote.  I wish the Voting Rights Act wasn’t still necessary, but thank the Lord it’s still there. African Americans in Texas have struggled throughout our history to exercise all of our rights as citizens, including the right to vote without unnecessary restrictions meant to discourage and disenfranchise. Today, thanks to the Voting Rights Act, a major threat to that effort has been defeated.”

You can read Minister Malachi’s full testimony here [pdf].

 

PFAW Foundation

Restrictions on Early Voting and Voter Registration Used for Partisan Gain

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.
PFAW Foundation

Young People For Got Out the Youth Vote This November

People For the American Way Foundation’s Young People For program was on the ground all across the country these past few months helping young people get out the vote. These efforts paid off: one in two Americans ages 18-29 voted this Election Day, making up 19 percent of the total electorate – an increase from 2008.

Here is a great video telling the story of how this outreach work happened:

This work was centered around a campaign called ARRIVE WITH 5, which encouraged youth, people of color, women, seniors and persons with disabilities to become active participants in the electoral process. ARRIVE WITH 5 asked voters to not only pledge to vote on Election Day, but to list five people they were committed to bringing to the polls with them:

All in all, YP4 helped campus organizers mobilize over 22,000 voters and collected 10,000 voting pledges through the ARRIVE WITH FIVE campaign.

 

PFAW Foundation

A First Swing at Fixing the Broken Election System

If you were casting a ballot in South Carolina last Tuesday, your wait to vote may have been four hours. In Florida, it might have been seven. If you were voting in Hawaii, you may have gone to one of the nineteen polling places that ran out of paper ballots. President Barack Obama noted in his victory speech that many Americans waited in long lines and, as he stated, “we have to fix that.”

Just nine days after Election Day, Senator Chris Coons (D-Del.) has taken a first swing at that fix. Coons proposed a bill yesterday that would reform many of the country’s election procedures. His proposed legislation, the Louis L. Redding Fair, Accurate, Secure and Timely (FAST) Voting Act of 2012, would provide federal grants to states that make voting faster and more accessible. The bill includes provisions for same-day registration, early voting, and reducing how long voters must wait at poorly-performing voting facilities.

As Sen. Coons noted in a statement: “Long lines are a form of voter disenfranchisement, a polling place running out of ballots is a form of voter suppression, and making it harder for citizens to vote is a violation of voters’ civil rights.” And these problems at the polls tend to disproportionately affect African American and Latino voters.

The Washington Post points out that it is less a matter of fixing a voting system but more an issue of fixing thousands of voting systems. They note that with Congress, states, and local officials all playing roles, there is no single entity that oversees voting in the country. This may complicate the process of developing solutions.

Nevertheless, it is welcome news that national leaders are focusing on this issue. It was inspiring to see millions of Americans willing to spend hour after hour on line to vote, many of them likely knowing that the lines were an intentional result of plans to prevent them from voting. Every single voter on Election Day should be confident that their ballot will be cast in a timely manner and that their voice will be heard. Anything less is undemocratic -- and unacceptable.

PFAW