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Methods of voter suppression
[edit] Impediments to voter registration
Laws or administrative practices have made it more difficult for people to register to vote. In 2011, the state of Florida imposed a short deadline for the submission of voter registration forms, with stiff penalties for late filing.[1] The bill led to the end of voter registration work by one organization, the League of Women Voters, whose spokesperson said, "Despite the fact that the League of Women Voters is one of the nations most respected civic organizations, with a 91-year history of registering and educating voters, we will be unable to comply with the egregious provisions contained in [this bill]."[2]
[edit] Photo ID laws
See also: Voter ID laws (United States)
Photo ID laws require voters to present a government-approved photo ID before they may cast their ballots. Belgium,[3] Spain,[3] Greece,[3] Italy,[3] Malta,[3] and seven US states have such laws, including Indiana and Georgia.[4]
Supporters of photo ID laws contend that the photographic IDs (such as driver's licenses or student IDs from state schools) are nearly universal, and that presenting them is a minor inconvenience when weighed against the possibility of ineligible voters affecting elections. Opponents argue that photo ID requirements disproportionately affect minority and elderly voters who don't normally maintain driver's licenses, and therefore that requiring such groups to obtain and keep track of photo IDs that are otherwise unneeded is a suppression tactic aimed at those groups.[5]
Indiana's photo ID law barred twelve retired nuns in South Bend, Indiana from voting in that state's 2008 Democratic primary election. The women lacked the photo IDs required under a state law that was upheld by the U.S. Supreme Court in April 2008. John Borkowski, a South Bend lawyer volunteering as an election watchdog for the Lawyers' Committee for Civil Rights Under Law, said, "This law was passed supposedly to prevent and deter voter fraud, even though there was no real record of serious voter fraud in Indiana."[6][7]
Proponents of a similar law proposed for Texas In March 2009 also argued that photo identification was necessary to prevent widespread voter fraud. Opponents respond that there is no evidence of such voter fraud in Texas, so no remedy is required, especially if such a remedy would decrease voting by senior citizens, the disabled, and lower-income residents. Opponents cited a study asserting that 1 million of the state's 13.5 million registered voters do not have a photo ID.[4]
State Sen. Troy Fraser (R-Horseshoe Bay) said, "Voter fraud not only is alive and well in the U.S., but also alive and well in Texas. The danger of voter fraud threatens the integrity of the entire electoral process." Democratic Caucus Chairwoman Leticia Van de Putte (D-San Antonio) said the proposed law "is not about voter fraud. There is no voter fraud. This is about voter suppression." Texas Attorney General Greg Abbott (R) spent $1.4 million investigating voter fraud but did not report any cases where a person tried to impersonate an eligible voter at a polling placearguably the only kind of fraud that photo ID laws would prevent.[4]
Legislation to impose restrictive photo ID requirements has been prepared by the conservative organization ALEC and circulated to conservative state legislators[5].
In 2011, more than 100 Democratic members of Congress urged the Department of Justice to oppose such legislation, arguing that it "has the potential to block millions of eligible American voters, and thus suppress the right to vote."[8]
[edit] Purging voter rolls
In 2008, more than 50,000 registered Georgia voters were removed from the roll of eligible voters because of a computer mismatch in their personal identification information, leading registrars to conclude that they were no longer eligible Georgia voters at their registered addresses. At least 4,500 of those people must prove their citizenship to regain their right to vote, but opponents say that could be an impossible burden to meet. For example, the state of Georgia gave college senior Kyla Berry one week to prove her citizenship in a letter dated October 2, 2008. Unfortunately, the letter was postmarked October 9, 2008. However, Berry is a U.S. citizen, born in Boston, Massachusetts with a passport and a birth certificate to prove it. Commenting on Berry's case and those like it, Wendy Weiser, an elections expert with New York University's Brennan Center for Justice, said, "What most people don't know is that every year, elections officials strike millions of names from the voter rolls using processes that are secret, prone to error and vulnerable to manipulation."[9]
[edit] Jim Crow laws
Main article: Jim Crow laws
In the United States, voter suppression was used extensively by conservatives in most Southern states until the Voting Rights Act (1965) made most disenfranchisement and voting qualifications illegal. Traditional voter suppression tactics included the institution of poll taxes and literacy tests, aimed at suppressing the votes of African Americans and working class white voters.[10][11]
[edit] Ex-felon disenfranchisement
Further information: Loss of rights due to felony conviction and Felony disenfranchisement
In 2004, 5.3 million Americans were denied the right to vote because of previous felony convictions. Thirteen states permanently disenfranchise convicted felons; eighteen states restore voting rights after completion of prison, parole, and probation; four states re-enfranchise felons after they have been released from prison and have completed parole; thirteen allow felons who have been released from prison to vote, and two states do not disenfranchise felons at all.[12] Some states require ex-felons to complete a process to restore voting rights, but offender advocates say such processes can be very difficult.
The United States is the only democracy in the world that regularly bans large numbers of felons from voting after they have discharged their sentences. Many countries including Denmark, France, Germany, Israel, Japan, Kenya, Norway, Peru, Sweden, and Zimbabwe allow prisoners to vote (unless convicted of crimes against the electoral system).[13] Some countries, notably the U.K., disenfranchise people for only as long as they are in prison.
In Florida during the 2000 presidential election, some non-felons were banned due to record-keeping errors and not warned of their disqualification until the deadline for contesting it had passed.
This form of vote suppression in the United States disproportionately affects minorities including African-Americans and Latinos.[13] Disenfranchisement of felons and ex-felons is opposed by some as a form of the medieval practice of civil death.[14]
[edit] Disinformation about voting procedures
Voters may be given false information about when and how to vote, leading them to fail to cast valid ballots. For example, in recall elections for the Wisconsin State Senate in 2011, Americans for Prosperity (a conservative organization that was supporting Republican candidates) sent many Democratic voters a mailing that gave an incorrect deadline for absentee ballots. Voters who relied on the deadline in the mailing would have sent in their ballots too late for them to be counted.[15] The organization said that the mistake was a typographical error.[16]
[edit] Partisan election administration
While the majority of the world's democracies use independent agents to manage elections, 33 of 50 state election directors in the United States are themselves elected partisans. Those party affiliations can create conflicts of interest, or at least the appearance thereof, while directing elections. Florida Secretary of State Katherine Harris served as state co-chair of the Bush-Cheney campaign during the 2000 presidential election, and Ohio Secretary of State Ken Blackwell served as his state's Bush-Cheney co-chair during the 2004 presidential election.[17]
[edit] Inequality in Election Day resources
Elections in the United States are funded at the local level, often unequally. In the 2004 elections, Wyoming spent $2.15 per voter while California spent $3.99 per voter. In contrast, Canada spends $9.51 per voter. Underfunded election areas can result in long lines at polling places, requiring some voters either to wait hours to cast a ballot or to forgo their right to vote in that election. Voters who cannot wait the required amount of time are therefore disenfranchised, while voters in well-funded areas with sufficient voting capacity may face minimal or no waiting time.
Delays at polling places are is widely regarded as being a greater problem in urban areas.[17][18]
[edit] Caging lists
Main article: caging list
Caging lists have been used by political parties to eliminate potential voters registered with other political parties. A political party sends registered mail to addresses of registered voters. If the mail is returned as undeliverable, the mailing organization uses that fact to challenge the registration, arguing that because the voter could not be reached at the address, the registration is fraudulent.[19]
[edit] Examples of voter suppression in the United States
[edit] 2002 New Hampshire Senate election phone jamming scandal
In the 2002 New Hampshire Senate election phone jamming scandal, Republican officials attempted to reduce the number of Democratic voters by paying professional telemarketers in Idaho to make repeated hang-up calls to the telephone numbers used by the Democratic Party's ride-to-the-polls phone lines on election day. By tying up the lines, voters seeking rides from the Democratic Party would have more difficulty reaching the party to ask for transportation to and from their polling places.[20][21]
[edit] 2004 presidential election
In the U.S. presidential election of 2004, some voters got phone calls with false information intended to keep them from votingsaying that their voting place had been changed or that voting would take place on Wednesday as well as on Tuesday. Voters who believed this misinformation would go to the wrong polling place, or worse, not attempt to vote until after the election had ended.[22]
Other allegations surfaced in several states that the group called Voters Outreach of America had collected and submitted Republican voter registration forms while inappropriately discarding voter registration forms where the new voter had chosen to register with the Democratic Party. Such people would believe they had registered to vote, and would only discover on election day that they were not registered and could not cast a ballot.[23][24][25][26]
Michigan Republican state legislator John Pappageorge was quoted as saying, "If we do not suppress the Detroit vote, we're going to have a tough time in this election.".[27]
In 2006, four employees of the John Kerry campaign were convicted of slashing the tires of 25 vans rented by the Wisconsin state Republican Party which were to be used for driving Republican monitors to the polls. At the campaign workers' sentencing, Judge Michael B. Brennan told the defendants, "Voter suppression has no place in our country. Your crime took away that right to vote for some citizens."[28][29]
[edit] 2006 Virginia Senate election
During the United States Senate election in Virginia, 2006, Secretary of the Virginia State Board of Elections Jean Jensen concluded that incidents of voter suppression appeared widespread and deliberate. Documented incidents of voter suppression include:[30]
[edit] 2008 presidential election
A review of states' records by The New York Times found unlawful actions leading to widespread voter purges.[32]
A dispute between the Social Security Administration commissioner and the National Association of Secretaries of State about the use of the Social Security database to test the validity of voters led to the shutdown of the database over the Columbus Day holiday weekend.[33]
[edit] Georgia
Wait times of between 2 and 10 hours were reported during early voting at multiple Georgia locations[34]
[edit] Michigan
Prior to the 2008 United States Presidential Election, on September 16, 2008, Obama legal counsel announced that they would be seeking an injunction to stop an alleged caging scheme in Michigan wherein the state Republican party would use home foreclosure lists to challenge voters still using their foreclosed home as a primary address at the polls.[35] Michigan GOP officials called the suit "desperate."[36] A Federal Appeals court ordered the reinstatement of 5,500 voters wrongly purged from the voter rolls by the State:[34]
[edit] Minnesota
The conservative nonprofit Minnesota Majority has been reported as making phone calls claiming that the Minnesota Secretary of State had concerns about the validity of the voters registration. Their actions have been referred to the Ramsey County attorney's office and the U.S. Attorney are looking into Johnson's complaint. [37]
[edit] Montana
On October 5, 2008 the Republican Lt. Governor of Montana, John Bohlinger, accused the Montana Republican Party of vote caging to purge 6,000 voters from three counties which trend Democratic. These purges included decorated war veterans and active duty soldiers.[19]
[edit] Ohio
Wait times of six hours were reported for early voting in Franklin County leading to people leaving the line without voting.[34]
[edit] Wisconsin
The Republican Party attempted to have all 60,000 voters in the heavily Democratic city of Milwaukee who had registered since 1/1/2006 deleted from the voter rolls. The requests were rejected by the Milwaukee Election Commission with Republican commissioner Bob Spindell voting in favor of deletion."[38]
[edit] Impediments to voter registration
Laws or administrative practices have made it more difficult for people to register to vote. In 2011, the state of Florida imposed a short deadline for the submission of voter registration forms, with stiff penalties for late filing.[1] The bill led to the end of voter registration work by one organization, the League of Women Voters, whose spokesperson said, "Despite the fact that the League of Women Voters is one of the nations most respected civic organizations, with a 91-year history of registering and educating voters, we will be unable to comply with the egregious provisions contained in [this bill]."[2]
[edit] Photo ID laws
See also: Voter ID laws (United States)
Photo ID laws require voters to present a government-approved photo ID before they may cast their ballots. Belgium,[3] Spain,[3] Greece,[3] Italy,[3] Malta,[3] and seven US states have such laws, including Indiana and Georgia.[4]
Supporters of photo ID laws contend that the photographic IDs (such as driver's licenses or student IDs from state schools) are nearly universal, and that presenting them is a minor inconvenience when weighed against the possibility of ineligible voters affecting elections. Opponents argue that photo ID requirements disproportionately affect minority and elderly voters who don't normally maintain driver's licenses, and therefore that requiring such groups to obtain and keep track of photo IDs that are otherwise unneeded is a suppression tactic aimed at those groups.[5]
Indiana's photo ID law barred twelve retired nuns in South Bend, Indiana from voting in that state's 2008 Democratic primary election. The women lacked the photo IDs required under a state law that was upheld by the U.S. Supreme Court in April 2008. John Borkowski, a South Bend lawyer volunteering as an election watchdog for the Lawyers' Committee for Civil Rights Under Law, said, "This law was passed supposedly to prevent and deter voter fraud, even though there was no real record of serious voter fraud in Indiana."[6][7]
Proponents of a similar law proposed for Texas In March 2009 also argued that photo identification was necessary to prevent widespread voter fraud. Opponents respond that there is no evidence of such voter fraud in Texas, so no remedy is required, especially if such a remedy would decrease voting by senior citizens, the disabled, and lower-income residents. Opponents cited a study asserting that 1 million of the state's 13.5 million registered voters do not have a photo ID.[4]
State Sen. Troy Fraser (R-Horseshoe Bay) said, "Voter fraud not only is alive and well in the U.S., but also alive and well in Texas. The danger of voter fraud threatens the integrity of the entire electoral process." Democratic Caucus Chairwoman Leticia Van de Putte (D-San Antonio) said the proposed law "is not about voter fraud. There is no voter fraud. This is about voter suppression." Texas Attorney General Greg Abbott (R) spent $1.4 million investigating voter fraud but did not report any cases where a person tried to impersonate an eligible voter at a polling placearguably the only kind of fraud that photo ID laws would prevent.[4]
Legislation to impose restrictive photo ID requirements has been prepared by the conservative organization ALEC and circulated to conservative state legislators[5].
In 2011, more than 100 Democratic members of Congress urged the Department of Justice to oppose such legislation, arguing that it "has the potential to block millions of eligible American voters, and thus suppress the right to vote."[8]
[edit] Purging voter rolls
In 2008, more than 50,000 registered Georgia voters were removed from the roll of eligible voters because of a computer mismatch in their personal identification information, leading registrars to conclude that they were no longer eligible Georgia voters at their registered addresses. At least 4,500 of those people must prove their citizenship to regain their right to vote, but opponents say that could be an impossible burden to meet. For example, the state of Georgia gave college senior Kyla Berry one week to prove her citizenship in a letter dated October 2, 2008. Unfortunately, the letter was postmarked October 9, 2008. However, Berry is a U.S. citizen, born in Boston, Massachusetts with a passport and a birth certificate to prove it. Commenting on Berry's case and those like it, Wendy Weiser, an elections expert with New York University's Brennan Center for Justice, said, "What most people don't know is that every year, elections officials strike millions of names from the voter rolls using processes that are secret, prone to error and vulnerable to manipulation."[9]
[edit] Jim Crow laws
Main article: Jim Crow laws
In the United States, voter suppression was used extensively by conservatives in most Southern states until the Voting Rights Act (1965) made most disenfranchisement and voting qualifications illegal. Traditional voter suppression tactics included the institution of poll taxes and literacy tests, aimed at suppressing the votes of African Americans and working class white voters.[10][11]
[edit] Ex-felon disenfranchisement
Further information: Loss of rights due to felony conviction and Felony disenfranchisement
In 2004, 5.3 million Americans were denied the right to vote because of previous felony convictions. Thirteen states permanently disenfranchise convicted felons; eighteen states restore voting rights after completion of prison, parole, and probation; four states re-enfranchise felons after they have been released from prison and have completed parole; thirteen allow felons who have been released from prison to vote, and two states do not disenfranchise felons at all.[12] Some states require ex-felons to complete a process to restore voting rights, but offender advocates say such processes can be very difficult.
The United States is the only democracy in the world that regularly bans large numbers of felons from voting after they have discharged their sentences. Many countries including Denmark, France, Germany, Israel, Japan, Kenya, Norway, Peru, Sweden, and Zimbabwe allow prisoners to vote (unless convicted of crimes against the electoral system).[13] Some countries, notably the U.K., disenfranchise people for only as long as they are in prison.
In Florida during the 2000 presidential election, some non-felons were banned due to record-keeping errors and not warned of their disqualification until the deadline for contesting it had passed.
This form of vote suppression in the United States disproportionately affects minorities including African-Americans and Latinos.[13] Disenfranchisement of felons and ex-felons is opposed by some as a form of the medieval practice of civil death.[14]
[edit] Disinformation about voting procedures
Voters may be given false information about when and how to vote, leading them to fail to cast valid ballots. For example, in recall elections for the Wisconsin State Senate in 2011, Americans for Prosperity (a conservative organization that was supporting Republican candidates) sent many Democratic voters a mailing that gave an incorrect deadline for absentee ballots. Voters who relied on the deadline in the mailing would have sent in their ballots too late for them to be counted.[15] The organization said that the mistake was a typographical error.[16]
[edit] Partisan election administration
While the majority of the world's democracies use independent agents to manage elections, 33 of 50 state election directors in the United States are themselves elected partisans. Those party affiliations can create conflicts of interest, or at least the appearance thereof, while directing elections. Florida Secretary of State Katherine Harris served as state co-chair of the Bush-Cheney campaign during the 2000 presidential election, and Ohio Secretary of State Ken Blackwell served as his state's Bush-Cheney co-chair during the 2004 presidential election.[17]
[edit] Inequality in Election Day resources
Elections in the United States are funded at the local level, often unequally. In the 2004 elections, Wyoming spent $2.15 per voter while California spent $3.99 per voter. In contrast, Canada spends $9.51 per voter. Underfunded election areas can result in long lines at polling places, requiring some voters either to wait hours to cast a ballot or to forgo their right to vote in that election. Voters who cannot wait the required amount of time are therefore disenfranchised, while voters in well-funded areas with sufficient voting capacity may face minimal or no waiting time.
Delays at polling places are is widely regarded as being a greater problem in urban areas.[17][18]
[edit] Caging lists
Main article: caging list
Caging lists have been used by political parties to eliminate potential voters registered with other political parties. A political party sends registered mail to addresses of registered voters. If the mail is returned as undeliverable, the mailing organization uses that fact to challenge the registration, arguing that because the voter could not be reached at the address, the registration is fraudulent.[19]
[edit] Examples of voter suppression in the United States
[edit] 2002 New Hampshire Senate election phone jamming scandal
In the 2002 New Hampshire Senate election phone jamming scandal, Republican officials attempted to reduce the number of Democratic voters by paying professional telemarketers in Idaho to make repeated hang-up calls to the telephone numbers used by the Democratic Party's ride-to-the-polls phone lines on election day. By tying up the lines, voters seeking rides from the Democratic Party would have more difficulty reaching the party to ask for transportation to and from their polling places.[20][21]
[edit] 2004 presidential election
In the U.S. presidential election of 2004, some voters got phone calls with false information intended to keep them from votingsaying that their voting place had been changed or that voting would take place on Wednesday as well as on Tuesday. Voters who believed this misinformation would go to the wrong polling place, or worse, not attempt to vote until after the election had ended.[22]
Other allegations surfaced in several states that the group called Voters Outreach of America had collected and submitted Republican voter registration forms while inappropriately discarding voter registration forms where the new voter had chosen to register with the Democratic Party. Such people would believe they had registered to vote, and would only discover on election day that they were not registered and could not cast a ballot.[23][24][25][26]
Michigan Republican state legislator John Pappageorge was quoted as saying, "If we do not suppress the Detroit vote, we're going to have a tough time in this election.".[27]
In 2006, four employees of the John Kerry campaign were convicted of slashing the tires of 25 vans rented by the Wisconsin state Republican Party which were to be used for driving Republican monitors to the polls. At the campaign workers' sentencing, Judge Michael B. Brennan told the defendants, "Voter suppression has no place in our country. Your crime took away that right to vote for some citizens."[28][29]
[edit] 2006 Virginia Senate election
During the United States Senate election in Virginia, 2006, Secretary of the Virginia State Board of Elections Jean Jensen concluded that incidents of voter suppression appeared widespread and deliberate. Documented incidents of voter suppression include:[30]
- Democratic voters receiving calls incorrectly informing them voting will lead to arrest.
- Widespread calls fraudulently claiming to be "[Democratic Senate candidate Jim] Webb Volunteers," falsely telling voters their voting location had changed.
- Fliers paid for by the Republican Party, stating "SKIP THIS ELECTION" that allegedly attempted to suppress African-American turnout.
[edit] 2008 presidential election
A review of states' records by The New York Times found unlawful actions leading to widespread voter purges.[32]
A dispute between the Social Security Administration commissioner and the National Association of Secretaries of State about the use of the Social Security database to test the validity of voters led to the shutdown of the database over the Columbus Day holiday weekend.[33]
[edit] Georgia
Wait times of between 2 and 10 hours were reported during early voting at multiple Georgia locations[34]
[edit] Michigan
Prior to the 2008 United States Presidential Election, on September 16, 2008, Obama legal counsel announced that they would be seeking an injunction to stop an alleged caging scheme in Michigan wherein the state Republican party would use home foreclosure lists to challenge voters still using their foreclosed home as a primary address at the polls.[35] Michigan GOP officials called the suit "desperate."[36] A Federal Appeals court ordered the reinstatement of 5,500 voters wrongly purged from the voter rolls by the State:[34]
[edit] Minnesota
The conservative nonprofit Minnesota Majority has been reported as making phone calls claiming that the Minnesota Secretary of State had concerns about the validity of the voters registration. Their actions have been referred to the Ramsey County attorney's office and the U.S. Attorney are looking into Johnson's complaint. [37]
[edit] Montana
On October 5, 2008 the Republican Lt. Governor of Montana, John Bohlinger, accused the Montana Republican Party of vote caging to purge 6,000 voters from three counties which trend Democratic. These purges included decorated war veterans and active duty soldiers.[19]
[edit] Ohio
Wait times of six hours were reported for early voting in Franklin County leading to people leaving the line without voting.[34]
[edit] Wisconsin
The Republican Party attempted to have all 60,000 voters in the heavily Democratic city of Milwaukee who had registered since 1/1/2006 deleted from the voter rolls. The requests were rejected by the Milwaukee Election Commission with Republican commissioner Bob Spindell voting in favor of deletion."[38]
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