The Right to Vote

A Real-Life Halloween Scare From Mitt Romney

Forget ghosts and goblins. Americans' biggest Halloween fear should be a Supreme Court chosen by Mitt Romney.
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When Government Officials Encourage Voting

In Maryland, the governor extends early voting.
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Romney Campaign Trains Poll Watchers With False Information

With all the fact checkers focused on campaign speeches and debates, Mitt Romney’s campaign is turning to a new outlet for their lies: poll watcher trainings. In Wisconsin the Romney campaign has been training poll watchers with false information about voter’s rights, according to a ThinkProgress article today. In truth, Wisconsin law makes it easy for eligible voters to cast a ballot, and it's critically important that we don't let the Romney campaign scare any voters away from the polls.

In one egregious example, the training materials indicate that voter IDs must have photos, which is not the case in Wisconsin. ThinkProgress points out other disturbing claims the training materials make, including:

CLAIM: On page 16, entitled “The ONLY Acceptable Forms of ‘Proof of Residency”, the third bullet point says “Any other identification card issued by an employer in the normal course of business and bearing a photo of the cardholder, but not including a business card.” The sixth bullet point also said any college ID card “must include a photo.”

FACT: Wisconsin’s new voter ID law, which would have required these photos in order to vote, was struck down by Wisconsin state judges. It is not in effect for the November 2012 election.

CLAIM: Any “person [who] has been convicted of treason, a felony, or bribery” isn’t eligible to vote. (Page 10)

FACT: [In Wisconsin] Once a person who has been convicted of a felony completes his or her sentence, including probation and fines, that person is eligible to vote.

CLAIM: “If a handicapped voter is unable to come into the polls to vote, an assistant can deliver the ballot to the voter if the CEI verifies the elector’s proof of residency.” (Page 19)

FACT: Under Wisconsin law, the CEI (Chief Election Inspector) does not have to verify proof of residency so long as the voter is registered.

This is not a case of a single training gone awry. These trainings have been held across the state for the past two weeks. This is an instance of Mitt Romney’s campaign repeatedly spreading lies to poll watchers.

In recent months our affiliate People For the American Way Foundation has written about many attempts from the Right at voter suppression – from limiting early voting opportunities to proposing or passing voter ID legislation, purportedly to combat the virtually nonexistent issue of voter fraud.

Romney's efforts to disenfranchise those least likely to support him in Wisconsin is no surprise. Instead, it is just another component of a systemic nationwide effort to deny Americans the right to vote. The Romney campaign knows exactly what it is doing by spreading blatant falsehoods in its training materials – lies likely to cause serious damage to voting rights on Election Day.

Despite the lies of the Romney campaign, voting is easy and accessible. Let's make sure we turn out the vote and make our voices heard in this critical election.

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Supreme Court to Hear Arizona Voting Rights Case

The Supreme Court announced today that it will hear a critical voting rights case next year. Arizona has appealed a 9th Circuit decision that barred the state from requiring proof of citizenship from those registering to vote via a federally-approved registration form. Current federal law allows voters to register via federal form instead of a state-specific form. Those opting to do so must swear under penalty of perjury that they are citizens. Arizona’s law, which is currently stayed, would require voters using that form to jump over an extra hurdle to register, requiring them to show proof of their citizenship, a provision disproportionately affecting low-income and minority voters.

The AP explains:

The ruling applies only to people who seek to register using the federal mail-in form. Arizona has its own form and an online system to register when renewing a driver's license. The court ruling did not affect proof of citizenship requirements using the state forms.

Arizona officials have said most people use those methods and the state form is what county officials give people to use to register. But voting rights advocates had hoped the 9th Circuit decision would make the federal mail-in card more popular because it's more convenient than mailing in a state form with a photocopy of proof of citizenship.

The mail-in card is particularly useful for voter registration drives, said Robert Kengle of the Lawyers' Committee for Civil Rights Under Law, which is representing Native American and Hispanic groups in the case.

The conservative wing of the Supreme Court has been eager to challenge voting rights laws in recent years. In 2008, a 6-3 majority of the court upheld Indiana’s voter ID law, paving the way for suppressive voter ID measures throughout the country. The Court may also hear a challenge to section 5 of the Voting Rights Act, which requires federal preclearance for voting rights changes in states and counties with a history of discrimination at the ballot box. Successful court challenges to discriminatory voting law changes this year have shown just how essential that provision still is.

While the composition of the Supreme Court is unlikely to change before these cases are heard, they underscore the importance of federal courts in this election. Not only are federal courts the final protection we have against discriminatory voter suppression laws, the makeup of these courts is on the line in the presidential election. Either Mitt Romney or President Obama could pick up to three Supreme Court Justices and dozens of federal court judges in the next term. Romney has promised to appoint Justices like Antonin Scalia and Clarence Thomas, who have both signaled their hostility to voting rights. If he does, and the Court shifts farther to the right, we could see decades of progress for fair and free elections slip away.

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Voter ID Blocked in Pennsylvania

While it is now guaranteed that voters without an ID cannot legally be turned away, the ruling only applies for the 2012 election. Concerns over voter disenfranchisement continue to exist.
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Romney Says Teachers’ Unions Shouldn’t Be Able to Contribute to Campaigns, But Corporations OK

Stumping in Iowa last year, Mitt Romney famously defended the Supreme Court’s Citizens United decision, declaring, “Corporations are people, my friend.”

But it turns out there’s one group that Romney thinks should be prohibited from spending money to influence elections: teachers’ unions. Speaking at a forum in New York, Romney expressed his wish for one specific campaign finance restriction:

The bigger problem, Romney said, is that "the person sitting across the table from them should not have received the largest campaign contribution from the teachers union themselves ... [It's] an extraordinary conflict of interest and something that should be addressed."

He later added that "we simply can't have" elected officials who have received large contributions from teachers sitting across from them at the bargaining table "supposedly" to represent the interests of children. "I think it's a mistake," Romney said. "I think we have to get the money out of the teachers unions going into campaigns. It's the wrong way for us to go. We've got to separate that."

Romney’s absolutely right that large campaign contributions and expenditures can improperly influence elected officials. But if he’s going to apply that standard to teachers, he needs to apply it to corporations as well.

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An Elderly Woman Grapples with Pennsylvania’s Voter ID Law

In March, Pennsylvania’s governor signed one of the most restrictive voter ID laws in the country. One study estimated that the law could impose extra burdens on 700,000 Pennsylvania voters, disproportionately affecting the poor, minorities, students and the elderly.

Andrew Cohen at The Atlantic writes today about one Pennsylvanian in her 80s who is struggling to keep her right to vote, sixty years after casting her first vote for Adlai Stevenson. Cohen quotes a letter that Robin Kane wrote to the voter ID law’s sponsor about her efforts to help her elderly mother, Jaqueline, register to vote in Pennsylvania:

For the past two weeks, my sister and I have been trying to help my mother gather the appropriate documents to get the newly required photo ID. The education campaign had inaccurate information and the rules keep shifting, making it difficult for me to understand and it would have been impossible for my elderly mother to do this without assistance.

First, VotesPA and PennDOT websites said she would need to get a non-driver's photo license. To do so, she would need her social security card; an original birth certificate with a raised seal; two proofs of residency; an application; and an oath that she had no other form of ID. My sister and mother spent two days looking for her birth certificate from 1930. They found my dead grandmother's birth certificate, plus ration cards from World War II, and lots of documents of my father's service during that war. But not her birth certificate.

I returned to the websites to learn that even without a birth certificate, she might be able to get the photo ID if the state Department of Health could confirm her birth. However, my mother was born in NY, not Pennsylvania. So, it turned out, this solution didn't apply to her. Instead, I was directed to seek a new birth certificate from the state of New York. Just when I thought we couldn't possibly get this done in time for her to vote, I learned that there is a new option for people exactly like my mom: the new, Department of State photo id for voting.

It still requires her to have her a social security card or number (which we found); proof of residency; an application; and an oath. And it still requires that my 82-year-old mother will travel by bus to a PennDOT office and hope that she has the stamina to wait in multiple lines to complete the process to get a photo ID that she needs for only this one purpose, ever. But she is determined to do so, if she is able. And she will vote against anyone who sided with you in this effort to suppress legitimate votes.

Cohen writes:

What this really means is that Jacqueline Kane is one of the lucky ones. She has a family that has the means to be able to help her in this fashion. But think of all the other elderly people out there, who won't have a health aid with them, or who don't have access to a bus, or who don't live in elder-care facilities where such opportunities exist. Those people aren't lazy, either. And yet they clearly face disenfranchisement if this law is permitted to stay in effect.

While Kane and countless others in Pennsylvania struggle to meet the voter ID requirement before election day, it’s still unclear whether the law will take effect in November. The Pennsylvania Supreme Court recently returned a challenge to the law to a lower court, ordering the lower court to halt the law if it’s not convinced the voter ID requirements won’t disenfranchise anybody.

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Experts Discuss the Politics of Voter Suppression

The right to vote is the most fundamental cornerstone of a functioning democracy. Yet right-wing  governors, legislators, and election officials around the country have been working to make it harder for Americans to exercise that right, through voter ID laws, restrictions on voter registration, cutting back opportunities for early voting, and other suppressive measures.
 
On Wednesday, the AFL-CIO held a panel discussion with three voting rights experts, who discussed the impediments many voters face and proposed ways to boost voter participation as we approach the November elections. The conversation was moderated by AFL-CIO executive vice-president Arlene Holt Baker, and the three panelists included Tova Andrea Wang, writer of the recently published book The Politics of Voter Suppression: Defending and Expanding America’s Right to Vote, Clarissa Martinez of the National Council of La Raza, and Carmen Berkley of Generational Alliance.
 
Discussing the GOP’s assault on voting rights, Tova Andrea Wang read this statement from a legislator: “I don't have a problem making [voting] harder. I want people in Florida to want to vote as bad as that person in Africa who walks 200 miles across the desert. This should be something you do with a passion.” Wang then asked the audience to guess what era they believed this assertion was made in. Most estimated the late 1800s. The audience was incorrect—the statement was made in 2012, by Florida Republican State Senator Michael Bennett. Wang further explained that parties have been manipulating election practices for almost 150 years, and politicians continue to repackage the same voter suppression tactics to fit the current times. Over the course of history, forces have repeatedly tried to block voters. But in the past couple of years, we have seen these forces re-emerge with particular ferocity, as more and more states attempt to introduce voter identification laws and implement other voter suppression tactics.
 
Wang alluded to restrictions on early voting in Florida and Ohio and the illegal purging of voter registration lists as massive hindrances to voter participation.  According to the NAACP, in Florida, more than 32 percent of those who voted early on the last Sunday before Election Day were African American, and nearly 24 percent were Latino. Many African-American churches in Florida and Ohio organize citizens to vote on the Sunday before the election, and by eliminating this possibility, states are making it harder for minorities to cast their ballot. Wang also mentioned how Florida's Gov. Rick Scott’s staff combed through the information of 80,000 registered voters to find out who was not an American citizen, and thereby ineligible to vote. Scott found only one individual on the list who was not an American citizen—more evidence that voter fraud is virtually nonexistent. 
 
Wang accentuated the importance of early registration and same-day registration as ways to increase participation. She stated that when North Carolina used early voting and same-day registration in the 2008 election, participation in the African-American community skyrocketed from 59% in 2004 to 72% in 2008.
 
Clarissa Martinez and Carmen Barkley continued the discussion, touching upon the barriers that Latino voters and young voters face. Martinez emphasized the need to combat suppression tactics and ensure that Latino communities are not confused with the election process. She advocated for the criminalization of deceptive practices and misinformation, which affect Latinos and recently naturalized citizens who may be unsure of how to navigate the voting process. Berkley, a campaigner for young people’s voting rights, stressed that since there are 46 million people under 29 who are eligible to vote this election, it is crucial to raise awareness and educate young people about the voting process. Many young people do not have a government issued ID or do not know the last four digits of their Social Security number, making them unqualified to vote in some states. Berkley stated that it is vital that we inform first-time voters in high school by using social media and creating online voter guides.
 
All panelists emphasized that we cannot let our legislators continue to cherry-pick who can vote by implementing suppressive laws that have proven to affect minorities and young people—a liberal-leaning demographic. The right to vote needs to be preserved, not stifled.

 

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Birthers at Kansas State Board Could Keep Obama Off the Ballot

Top Republican officials in Kansas are considering removing President Obama from the ballot at the request of “birther” activists who believe that the president wasn’t born in the United States. Kansas’ Board of Objections, which includes Secretary of State Kris Kobach, Attorney General Derek Schmidt andLt. Gov. Jeff Colyer, haven’t made any decisions yet but they say they’re taking the challenge seriously.

This isn’t Kobach’s first brush with birtherism. It’s also not his first brush with extremism that targets people of color. Kobach, who once worked for the nativist anti-immigrant group FAIR, has been a leader in pushing extreme anti-immigrant laws throughout the country, including draconian measures in Arizona and Alabama.

Kobach is also an informal advisor to Mitt Romney.

TPM reports:

Kansas Secretary of State Kris Kobach, an informal advisor to Republican presidential candidate Mitt Romney, said on Thursday he and his fellow members of a state board were considering removing President Barack Obama from the Kansas ballot this November.

Kobach is part of the State Objections Board along with Attorney General Derek Schmidt and Lt. Gov. Jeff Colyer, all Republicans. The Topeka Capital-Journal reported that on Thursday the board agreed consider whether to take Obama off the ballot because they said they lacked sufficient evidence about his birth certificate.

“I don’t think it’s a frivolous objection,” Kobach said, according to the Capital-Journal. “I do think the factual record could be supplemented.”

The board is looking at a complaint filed by Joe Montgomery, of Manhattan, Kan., who claimed the Obama is not a natural born U.S. citizen and so is ineligible to be president. The man appears to be part of a group of conspiracy theorists known as “birthers,” who deny Obama’s birth certificate is real.

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UPDATE: State legislation shines national spotlight on voter ID

"On voting rights in America, the arc of the universe has indeed been long, centuries long, from the three-fifths compromise in the Constitution to the poll tax to the literacy test. But it has always bent toward justice. These new laws seek to bend the arc backward again, to take away from people their effective right to vote."
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Big Government the Right Likes: The Kind That Keeps People From Voting

This post originally appeared on the Huffington Post.

The Republican Party claims to be the party of small government -- with the obvious exceptions of denying marriage equality and massive government oversight of women's medical decisions. But there is another kind of big government that the party has overwhelmingly, enthusiastically gotten behind: expensive and intrusive attempts to make it harder for Americans to vote.

A trio of federal court decisions in Florida, Ohio and Texas last week ripped the lid off the increasingly successful right-wing campaign to limit opportunities for low-income people, minorities and students to vote -- especially, and not coincidentally, in swing states. These decisions, from even-handed and moderate federal judges across the country, show just how far the Right has gone to use the power of government to disenfranchise traditionally disenfranchised groups.

In Florida, a federal judge permanently blocked a law that had made it almost impossible for good government groups to conduct voter registration drives -- which had led groups like the venerable League of Women Voters to all but shut down operations in the state. In Ohio, a federal court ordered the state to reopen early voting in the three days before November's election, which Republicans had attempted to shut down. Early voting on the weekend before the election was enormously successful in 2008 -- especially among African Americans -- and the judge found that Republicans had no legitimate reason to want it to stop.

And finally a federal court, which is required to review changes in election policy in states and counties with a history of voting discrimination, ruled that Texas' new voter ID law couldn't go forward because it "imposes strict, unforgiving burdens on the poor, and racial minorities in Texas."

The effort that Republican governors and legislatures across the country have gone through in the past two years to make it more difficult for citizens to vote is truly remarkable. They have been willing to buck both the law and the spirit of our constitutional democracy to bar groups of people from participating in it. And they have been willing to set up extra layers of government and bureaucracy -- things they claim to despise -- in order to keep people from the polls.

There are plenty of areas of genuine disagreement in our politics, but the right to vote shouldn't be one of them. In an interview with The Atlantic last week, Rep. John Lewis, a hero of the Civil Rights movement, said "there should be public outcry" and a "sense of righteous indignation" at what is happening to our elections. He's right.

It's astounding that nearly 50 years after the Voting Rights Act banned racial discrimination at the polls, it's still needed as a shield against such egregious violations of its principles. And it's astounding that the self-proclaimed party of small government wants to use government's power to keep people from exercising their fundamental right to vote.

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Nikki Haley Amplifies the GOP’s Assault on Voting Rights

South Carolina Governor Nikki Haley took to the stage at the Republican National Convention Tuesday night, asserting her unwavering support for voter identification laws that make it harder for Americans—particularly minorities, students, and the elderly—to  exercise their constitutional right to vote.

The Justice Department is currently suing to stop South Carolina’s new voter ID law from taking effect, charging that it discriminates against traditionally disenfranchised groups. The voter ID laws particularly violate Section 5 of the 1965 Voting Rights Act, which outlaws discriminatory voting practices and gives the federal government open-ended oversight of states and communities with a history of voter discrimination.
 
In an attempt to defend the voter ID measures in South Carolina, Haley affirmed the alleged necessity of voters showing a picture ID: “…if you have to show a picture ID to buy Sudafed and you have to show a picture ID to set foot on an airplane, then you should have to show a picture ID to protect one of the most valuable, most central, most sacred rights we are blessed with in America - the right to vote.”
 
Haley’s statement was met with a fervent standing ovation from the Republican audience.
 
What Haley failed to mention is the overwhelming evidence proving that the implementation of voter ID laws will severely hinder many minorities from casting their vote—a right that is preserved by the Constitution. The Constitution does not protect a citizen’s right to buy Sudafed or fly on an airplane.
 
Under the South Carolina law, anyone who wants to vote but does not have one of the five acceptable forms of photo ID must acquire a new voter registration card that includes a photo. A birth certificate can be used to prove identity. But the Obama administration says the law is vague about how the new cards would be distributed, raising the issue that voters might have difficulty obtaining a new card in time for the November 6 election.
 
Another concern arising from these voter ID requirements is that many African Americans born in the era of segregation do not have accurate birth certificates or any birth certificate at all. Effectively, by requiring people to obtain a photo ID, which necessitates a birth certificate, states like South Carolina are encoding the segregation era into current voting laws.
 
 
Proponents of this law claim that it is a preventative measure that will end cases of voter fraud. Yet these claims are unfounded, as there have been no proven cases of voter misrepresentation fraud in South Carolina. During this week’s trial over South Carolina’s voter ID law, state Senator George “Chip” Campsen III even testified that he could not find cases of voter impersonation in South Carolina.
 
This law is an infringement on the constitutionally granted voting rights of minorities—a demographic that has historically maintained a liberal outlook and voted for Democratic candidates. These voter ID laws solve a problem that doesn’t exist in order to keep progressive-leaning voters from the ballot box.
 
 

 

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UPDATE: Making voter registration easier in New York

More good news from New York: Governor Andrew Cuomo announced a new initiative that will expand access to voter registration.
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