Blog Posts in Fighting Voter Suppression and Intimidation

ACLU, Lawyers' Committee Intervene in Georgia Voting Rights Act Challenge

 

On July 6, the American Civil Liberties Union (ACLU), the ACLU of Georgia, and the Lawyers' Committee for Civil Rights Under Law filed a motion to intervene in Georgia v. Holder, the state of Georgia's challenge to the Voting Rights Act. Georgia filed suit against the U.S. Department of Justice because it wants the federal government to allow it to verify each voter's citizenship before allowing an individual to vote.

The Justice Department has declined to approve it under Section 5 of the Voting Rights Act over concerns that it unfairly targets minority voters.

Section 5 requires all or part of 16 states, including nine states in their entirety, to seek federal approval before changing election rules or procedures due to past laws and practices that discriminated against and disenfranchised racial minorities.

"The suit says if the federal court declines to approve Georgia's voter verification process, it should declare Section 5 of the Voting Rights Act unconstitutional," according to the Atlanta Journal-Constitution.

The civil rights groups are intervening to protect the rights of minority voters. "The many U.S. citizen minority voters in Georgia who were incorrectly flagged as non-citizens under the state's voter-verification procedures can attest to the fact that discrimination in voting continues and the need for Section 5 remains," said Laughlin McDonald, of the ACLU Voting Rights Project, in a press release.

(Lateefah Williams* 07/07/10; 0 comments)

Recent Push for Bipartisan Voter Reform Measures

 

Recent efforts to reform and modernize the voter system have received bipartisan support. The Military and Overseas Voter Empowerment Act, which would allow overseas troops and American citizens to access voter information online, passed Congress last week with bipartisan support from legislators who "decried an antiquated voting system that left as many as one out of four overseas ballots uncounted," according to Roll Call.

In August, the House of Representatives passed a bill that would enable individuals who voted by absentee ballot to track the status of their ballots online. Also, a bill that would expand no-excuse absentee voting has passed in the House Administration Committee.

Another bill currently before Congress would "require all states to offer online voter registration by 2012," according to Roll Call. This would be a major challenge for the vast majority of the country and would require most states to significantly upgrade their procedures. Currently, "only six states offer some form of online voter registration, while half allow voters to verify their registration online. For most states, the voting system is a hodgepodge of snail mail, voter registration drives and polling places," according to Roll Call.

The online voter registration bill would bring the voter registration process in line with the convenience of other aspects of daily living. "Many voters expect to be able to register to vote online as part of their normal routine," Rep. Zoe Lofgren (D-CA), the sponsor of the bill, told Roll Call. "They are used to the convenience of online tools in their daily life and registering to vote should be just as easy and accessible as banking and bill paying," Lofgren said.

Brian Fallon, the Senate Rules and Administration Committee spokesman, told Roll Call that Sen. Charles Schumer (D-N.Y.), chairman of the committee, is "working on a bill to ‘modernize’ the voting system."

Republicans have some concerns about voter fraud, but agree that the system should be modernized.

(Lateefah Williams* 10/30/09; 3 comments)

Renewed Focus on Voting Reform

 

Recent efforts have renewed focus on voting reform efforts. Voter registration reform, a major issue highlighted in the 2008 election, is receiving attention from key legislators. According to the National Journal, Sen. Charles Schumer ( D-NY), chair of the Senate Rules and Administration Committee, will introduce a bill later this year that addresses concerns with the voter registration system.

Schumer wrote a letter in early April to Attorney General Eric Holder urging the Justice Department to sue states that are not complying with the National Voter Registration Act (NVRA), also called the Motor Voter Act, which requires public assistance agencies, and other agencies, to offer voter registration materials. According to Schumer’s website, at least 18 states are not complying with the requirement for public assistance agencies to provide voter registration materials.

Schumer’s letter highlighted that when Voter Registration: Assessing Current Problems, a new study, was presented at the Senate Rules Committee in March, the study noted that "one of the key concerns is that eligible individuals are not offered the option to register and vote at state motor vehicle agencies, public assistance agencies, and agencies that provide services to people with disabilities."

The 2008 Survey of the Performance of American Elections, conducted by the Massachusetts Institute of Technology, "found that in addition to as many as 3 million voters turned away due to registration problems, roughly 2.2 million registered voters were excluded for lack of proper identification; 1.9 million could not find their polling place; and 2.6 million left because of long lines," according to the National Journal.

(Lateefah Williams* 04/24/09; 0 comments)

Will Obama's Presidency Impact Key Voting Rights Case?

 

Northwest Austin Municipal Utility District No. 1 v. Holder, a U.S. Supreme Court case where Texas is challenging Section 5 of the Voting Rights Act of 1965, is scheduled for oral arguments on April 29. Section 5, which was reauthorized in 2006, applies to all or part of 16 states and it applies to nine states in their entirety. It requires those states to get federal approval before changing election rules or procedures, as a result of past laws and practices that discriminated against and disenfranchised racial minorities. This provision is referred to as the "preclearance" provision.

There is a debate about whether President Barack Obama's election means that the preclearance provision is no longer needed.

Ellen Katz, a University of Michigan law professor, wrote an article for the National Law Journal, as well as a blog posting, arguing that the Supreme Court should not decide whether the Obama presidency impacts the decision of whether preclearance is still needed. "To consider Obama's election now would fundamentally alter the legal inquiry and amount to an ill-advised power grab by the court," she said. She believes that if the Court uses the Obama presidency to impact its decision, then it would be deciding whether reauthorization of Section 5 was a good idea instead of deciding "whether Congress had good reason to think Section 5 is still needed."

Katz does not believe that the Court can ignore Obama's presidency. She argues that the parties should brief and argue the question. She also says that "Congress should be allowed to evaluate the significance of Obama's election in the first instance.

Edward Blum, director of the Project on Fair Representation at the American Enterprise Institute for Public Policy Research, refuted some of the assertions that Katz made in her article in a separate blog posting. He refuted the assertion that no state wholly covered by Section 5 voted for Obama and he refuted the assertion that Obama received less white votes than John Kerry did in 2004.

(Lateefah Williams* 04/17/09; 1 comment)

Is Voting Rights Discrimination an Issue of the Past in Alabama?

 

Alabama Gov. Bob Riley says that voting rights discrimination in Alabama is an issue of the Past. He feels that Alabama is currently being unfairly punished for its actions during the Jim Crow period. Thus, he had state lawyers file a brief in Northwest Austin Municipal Utility District No. 1 v. Mukasey, a U.S. Supreme Court case where Texas is challenging Section 5 of the Voting Rights Act of 1965. Section 5 applies to all or part of 16 states and it applies to nine states in their entirety.

Alabama is one of the nine states that the Voting Rights Act requires to get federal approval before changing election rules or procedures, as a result of past laws and practices that discriminated against and disenfranchised racial minorities.

Attorneys for the governor argue in the brief that Alabama only received two rejections from 1996-2005, out of more than 3000 instances in which they sought clearance from the Justice Department.

This logic, however, does not mean that Alabama officials would not disenfranchise voters if they knew that there was no federal government oversight (although I'm not asserting that they necessarily would, either). However, the fact that Alabama only received two rejections while under federal oversight can actually be used to illustrate the effectiveness of the federal oversight.

According to the Birmingham News, Riley said in the brief that, "Congress wrongly equated Alabama's modern government, and its people, with their Jim Crow ancestors."

Riley also says in the brief that "while several states moved the dates of their 2008 presidential primaries without needing permission from the federal government, it took Alabama four months to do so because of the Voting Rights Act," according to the Birmingham News.

The length of time that the process took, however, does not mean that it was unnecessary. Alabama has a large African-American population that has historically been discriminated against. Without applying specific facts, it is feasible that Alabama could move the primary to a later date, for instance, to diminish the impact that African-Americans would have in the Democratic primary. While Alabama overwhelmingly went for McCain in the general election, then-Senator Obama beat then-Senator Clinton by a substantial margin (55 percent to 41 percent) in the Democratic primary and it is largely attributed to the high African-American voter turnout. It is not unrealistic to assume that with the basic structure of the primary system in which winning states early in the process can cause your opponent to drop out, that there are legitimate reasons for the government to oversee the changing of the primary date.

Oral arguments in Northwest Austin Municipal Utility District No. 1 v. Mukasey will be heard on April 29.

(Lateefah Williams* 03/05/09; 0 comments)

Alabama Moves One Step Closer to Early Voting

 

An Alabama House Committee approved a measure that would allow no-excuse absentee voting for Alabama voters.  The bill would allow anyone to cast an absentee ballot as long as 40 days before the election.  The House Constitution and Elections Committee approved the bill 9-2.

According to the Birmingham News, "Alabama voters now can vote by absentee ballot only if they attest that they will be out of town on election day, are too ill to go to the polls or give another accepted reason."  If the current legislation passes, they will no longer have to provide an excuse for not voting in person on Election Day.

Furthermore, if this bill becomes law, it should cut down on Election Day crowds.  There were massive lines for the 2008 presidential election in Alabama and proponents of this bill are hoping that early voting will drastically decrease the lines on Election Day.

House Rules Chairman Ken Guin told the Birmingham News that "he thought the House would consider the early voting bill within a few weeks."

(Lateefah Williams* 02/12/09; 0 comments)

Nonprofits Help Disenfranchised Michigan Voter Join Voter Rights Lawsuit

 

The Advancement Project and the ACLU filed a motion, on behalf of Lisa Blehm, the wife of a U.S. serviceman, that will allow her to join a voter rights lawsuit. Pepper Hamilton LLP, the law firm representing the two nonprofits, filed a lawsuit in September 2008 on behalf of several nonprofits against several Michigan officials for illegal voter purges.

According to an ACLU press release, "Blehm became a victim of one of those programs, which immediately cancels the voter registrations of Michigan voters who obtain driver's licenses in other states, without issuing the appropriate confirmation of registration notices and following the other voter removal procedures required by the National Voter Registration Act of 1993 (NVRA)."

Blemh, a Michigan resident who registered to vote in 2006, temporarily relocated to Georgia in 2007 to join her husband, a U.S. Marine. Although she obtained a Georgia driver's license, she did not register to vote in Georgia and maintained her Michigan residency because she planned to return to Michigan when her husband completed his assignment, which she and her husband did.

On Election Day, Nov. 4, 2008, Blemh went to her polling place and was told that she was not registered to vote. She also was not allowed to cast a provisional ballot.

According to the ACLU, Meredith Bell-Platts, staff counsel with the ACLU Voting Rights Project, said, "Although election officials broke the law when they denied Lisa Blehm the right to vote, we are hopeful that the courts will put an end to misguided attempts at disenfranchising lawful registered voters so this doesn't happen in the future."

(Lateefah Williams* 02/02/09; 0 comments)