Nel's New Day

November 7, 2016

Voting in the U.S., a Third World Country

Filed under: Voting — trp2011 @ 8:53 PM
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Forget the problems of the FBI’s interference in the 2016 presidential election and the massive number of lies that Donald Trump has been permitted to publicize about Hillary Clinton because the media is no longer a “truth squad”—quote from “journalist” Chris Wallace. Three years ago, five Supreme Court justices gutted the Voting Rights Act of 1965, and chaos prevailed.

Throughout the nation, “Trump Trolls” are spreading misinformation to confuse voters. Tweets, disguised as campaign ads, tell people to “vote from home” by texting in their votes. Twitter claims it has tried to delete this falsehood, but it has not. Yesterday, trolls repeated this falsehood and added lies about voting on November 9 for Hillary Clinton to avoid the long lines. Tweets also falsely claimed that people needed seven kinds of ID at the polls.

In addition to being blatant lies, the tweets also violate Twitter’s policies because of the claims that the messages are “paid for by Hillary For President.” They could also violate the Federal Election Commission law. Clinton’s website is “Hillary for America,” not Hillary For President, and the Clinton campaign has created a reply to the texting number that “the ad you saw was not approved by Hillary For America in any way.” Trolls then shifted the number to the Clinton campaign with the response “Thanks for being a part of the campaign!” that trolls hope “sounds like it counted the vote.”

The nation now has 868 fewer polling places than four years ago, and the vast majority of those that disappeared are in minority- and student-heavy areas of Arizona, North Carolina, and Texas—states where the Voting Rights Act no longer has the ability to ensure that all registered voters can get to the polls. Almost half the closed polls are in Texas, all in counties with established records of discrimination and recent violations of the Voting Rights Act. Just one poll alone in Cincinnati (OH) had 4,000 people in line waiting to vote.

These are a few other recent voting issues in potentially swing states:

Arizona: The Supreme Court reinstated a state law banning political campaigners from collecting absentee ballots completed by voters after it was overturned by a lower court.

New Jersey: A federal judge ruled that the RNC’s “poll monitoring and ballot security activities” do not violate a legal settlement from 1982 despite the purpose of the “monitoring” is to intimidate minority voters.

North Carolina: A federal judge ordered county elections boards to immediately restore registrations wrongfully purged from voter rolls, but that was only four days before Election Day and long after people were turned away from early voting. Yesterday the GOP sent a press release bragging about its reduction of black voters.

Nevada: Donald Trump and the state GOP director are accusing polls of being “rigged” because long lines at a Las Vegas Latino neighborhood prevented closing until 10:00 pm. There was no justification for their complaints or the statement that Democratic voters were being bussed in to get votes from “certain people,” and people were in line before the polls closed hours earlier.

Ohio: A three-judge panel on the Sixth Circuit Court of Appeals overturned the restraining order against the plans of Donald Trump’s campaign, his adviser Roger Stone, and their associates to harass and intimidate voters at the state polls tomorrow. Stone doesn’t plan to keep his intimidation to Ohio: he plans to direct “watchers” to 20 Democratic-dominated and mostly urban precincts in eight battleground states—Florida, Michigan, Nevada, North Carolina, Pennsylvania, Ohio, Virginia and Wisconsin.

Monitoring at the polls employs racial profiling. Trump supporters plan to check on everyone who doesn’t “speak American,” his definition for Mexicans, Syrians, and other legal immigrants. Lawsuits brought by local Democratic parties in Arizona, Nevada, Ohio, and Pennsylvania accuse monitors of violating not only the Voting Rights Act of 1965 but also the Ku Klux Klan Act of 1871. That law from almost 150 years ago following the South’s loss of the Civil War states that obstruction of anyone’s right to vote based on race is illegal.

It’s been only 50 years ago since many people were murdered for their attempts to register or actually vote following a century of disenfranchisement through poll taxes, literacy tests, and all-white primaries.

Much of the GOP panic in voting by minorities comes from the massive surge of Hispanic voters. Black voters may not be turning out in the numbers that they did for President Obama in 2008 and 2012, sometimes because 2016 is the first year that the Voting Rights Act no longer protects them against voter suppression. But in Florida, almost one million of the 6.2 million early votes counted through yesterday are from Hispanics in a 100-percent increase over 2012. Over one-third of these voting Hispanics did not vote in 2012. Not only that, but the number of votes from blacks in the state has increased over 2012.

Hispanics have typically comprised a low percentage of voters. Former Arizona Gov. Jan Brewer even said that they were no danger this year to Republican candidates because Hispanic Democrats “don’t vote.” But the 27 million Hispanics eligible to vote this year is a 26-percent increase over four years ago when only 48 percent of them voted, and the Hispanic early vote in Arizona is already double what it was in 2012.

With the possibility of successful early voting for Democrats, the GOP will be working on a solution to get rid of those pesky progressive votes. Jonah Goldberg claims in a column for the conservative National Review that the events during the past week might have changed people’s decisions—citing all those negatives for Hillary Clinton. His innuendo that knowing about all these insinuations would move voters away from the Democratic candidate allows him to repeat all the recent accusations toward Clinton. He also writes, “Comey’s bombshell is a perfect illustration of how new facts can make a hash of things.” (Yesterday’s news exonerating Clinton pretty much cleaned up the hash.)  Goldberg repeats several of Clinton’s statements, but about Trump, he wrote, “Well, let’s just say he’s said a lot of things.”

Goldberg used the same argument that I’ve used in the past: “The standard argument against widespread early voting is that it encourages many people to make their decisions without important information available to the voters who wait until Election Day.” In that case, he’s right, but if we wait until Election Day to vote, we’re also missing more information that occurs after that time. And the many hours that people have to wait in line even with early voting show that states couldn’t handle all voting on Election Day. At this time, only seven states have not early voting: Alabama, Connecticut, Delaware, Michigan, New Hampshire, Pennsylvania, and Rhode Island.

Out of the kindness of his heart, Goldberg says that he doesn’t want “insurmountable obstacles” to voting, but like other conservatives he wants to make voting more difficult so that people will value this right. I’m sure he hates the Oregon systems of “motor-voter” registration in which eligible people are automatically registered to vote when they get their driver’s licenses and “vote by mail” in which ballots arrive in the mailbox and completed ones can be dropped off in easily accessible ballot boxes.

Only one party, the one that wants to totally control all laws and legislators in the United States, wants to make voting harder and harder. That is the mark of a Third World country.

Please vote by the close of polls tomorrow! And if you live in Oregon, drop off your ballot before then so that it will count.

September 29, 2014

SCOTUS: Future, Ginsburg Criticisms

Filed under: Elections,Judiciary — trp2011 @ 8:34 PM
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On the first day of the U.S. Supreme Court’s new session, and the conservative justices are already voiding citizens’ rights, temporarily stopping early voting in Ohio which was scheduled to begin tomorrow. The 5-4  vote to reverse a federal appeals court decision stays in effect until SCOTUS acts on the state officials’ appeal, which has not yet been formally filed. If that is denied, the order lapses. The order could also mean that early voting will not be permitted on most Sundays and after 5: pm, perhaps the only time that low-income people can vote.The ruling may also suppress the vote in Arkansas, North Carolina, Texas, and Wisconsin. (The five conservative justices from left to right: Roberts, Scalia, Alito, Thomas, Kennedy)

supreme court justices What other damage can the conservative Court do in the current session? Ian Millhiser and Nicole Flatow identify major cases and issues for this term:

Pregnancy Discrimination: UPS refused to put Peggy Young on “light duty,” not lifting over 20 pounds, after she got pregnant although the company would have permitted this if she had broken her arm. The 4th Circuit Court of Appeals supported UPS, but even pro-life groups object because the decision might cause women to get abortions. The Pregnancy Discrimination Act prohibits employers from treating pregnant women differently from other employees who are “similar in their ability, or inability, to work.” Considering the SCOTUS ruling against Lilly Ledbetter’s fair pay lawsuit, pregnancy women are likely to lose.

Racial Gerrymandering: One judge called the method for Alabama’s redrawn legislative districts as “naked ‘racial quotas’” because black voters were packed into a few districts. Considering the Court’s history against voting rights, black voters are likely to lose.

Facebook and the First Amendment: In Elonis v. United States, plaintiff Anthony Elonis threatened to kill his wife on social media: “There’s one way to love you but a thousand ways to kill you. I’m not going to rest until your body is a mess, soaked in blood and dying from all the little cuts. Hurry up and die, bitch, so I can bust this nut all over your corpse from atop your shallow grave. I used to be a nice guy but then you became a slut. Guess it’s not your fault you liked your daddy raped you. So hurry up and die, bitch, so I can forgive you.” The wife saw the comments as threatening, but Elonis said he didn’t mean them literally and called it art. A lower court ruled that his words were a “true threat,” but pro-life groups and anti-abortion protesters claim that an objective standard infringes on the First Amendment right to protest.

Religious Liberty in Prison: Abdul Maalik Muhammad is considered a dangerous prisoner. He wants to grow a beard because of his religious beliefs, but Arkansas officials claim that a beard could conceal contraband or weapons.

Israel and Palestine: For almost seven decades, the U.S. has been neutral about Jerusalem as an international city until Congress passed a law in 2002 that passports can list Israel as the birthplace for U.S. citizens born in Jerusalem. Both Presidents George W. Bush and Obama refused to invoke the law because it interferes with the president’s exclusive authority over American foreign policy.

Cops Apprehending People by Mistake:  North Carolina troopers pulled over Nicholas Heien for having a broken tail light and found cocaine when they searched the car. Because having just one non-working tail light isn’t a state law violation, Heien claimed that the search was invalid because the police had no basis for stopping him. The state Supreme Court upheld the search by 4-3.

Marriage Equality: The question is whether SCOTUS will take a case in which all the federal appeals courts have agreed.

Hobby Lobby Redux: After SCOTUS laid a minefield across the country by ruling that a business can be “religious,” it may feel the need to clarify how far businesses can go to eliminate workers’ ability to obtain birth control coverage—or to commit any other illegal behavior.

Abortion: Several cases on TRAP laws, sham health regulations to restrict access to abortion, are in the federal court system. In its last term SCOTUS agreed to hear a case concerning whether a state may enact a law that restricted access to medication abortion. The Court dismissed the case before reaching the merits. With many new anti-abortion laws at the state level, SCOTUS may tackle the issue.

Affordable Care Act: The federal courts currently have consensus in accepting ACA after the decision of two judges ruling against the health care law were withdrawn because the full appeals court decided to hear the case. Politics, however, may cause the four conservative judges to take on a case in this area.

At least one of those four judges, possibly Chief Justice John Roberts, may realize that taking on cases without federal court dissension opens up the Court to further charges of putting politics before the law and diminish the prestige of the highly unpopular court. In his confirmation he promised promising an age of apolitical comity. “It’s a high priority to keep any kind of partisan divide out of the judiciary as well,” Roberts said.

As Garrett Epps wrote in The Atlantic: 

 “The Supreme Court’s 2013 term began with oral argument in a divisive, highly political case about campaign finance and concluded with two 5-4 decisions of divisive, highly political cases, one about public-employee unions and the other about contraceptive coverage under the Affordable Care Act. In all three cases, the result furthered a high-profile objective of the Republican Party. In all three cases, the voting precisely followed the partisan makeup of the Court, with the five Republican appointees voting one way and the four Democratic appointees bitterly dissenting. In all three cases, the chief voted with the hard-right position. By the end of the term, the polarization Roberts had seen in the nation had clearly spread to the Court.”

Ruth Bader Ginsburg has become more and more open in her dissatisfaction of her Court. In an interview with Jeffrey Rosen for The New Republic, she discussed a wide variety of topics:

On differences if Justice Sandra Day O’Connor had stayed on the Court: “She would have been with us in Citizens United, in Shelby County, probably in Hobby Lobby, too…. I think she must be concerned about some of the Court’s rulings, those that veer away from opinions she wrote.”

Regarding former Chief Justice Rehnquist and Roberts: “As to [Roberts’] decisions, there’s not a major shift. I’m hoping that as our current chief gets older, he may end up the way Rehnquist did when he wrote for the Court upholding the Family and Medical Leave Act. That’s a decision you wouldn’t have believed he would ever write when he joined the Court in the early 70s. Chief Justice Rehnquist also decided that, as much as he disliked the Miranda decision, it had become police culture and he wasn’t going to overrule it.”

Regarding the 60 percent of the cases that were unanimous: “That figure is deceptive because of the disagreement among people who joined the ultimate judgment. In some of the leading cases, those disagreements were marked. For example, the recess-appointment case. The Court was unanimous that Obama’s appointments to the NLRB [National Labor Relations Board] were invalid, but divided on the first two questions posed in that case: Does the president have the authority to exercise the recess power when Congress takes an intra-session recess or only when the recess occurs between sessions of Congress? The second question was, when must the vacancy occur? Must it occur during the recess? Or can the president fill up vacancies that existed before the recess? Those are questions of major importance and the Court divided sharply on the answers.”

Worst ruling of the current Court: “If there was one decision I would overrule, it would be Citizens United. I think the notion that we have all the democracy that money can buy strays so far from what our democracy is supposed to be. So that’s number one on my list. Number two would be the part of the health care decision that concerns the commerce clause. Since 1937, the Court has allowed Congress a very free hand in enacting social and economic legislation. I thought that the attempt of the Court to intrude on Congress’s domain in that area had stopped by the end of the 1930s. Of course health care involves commerce. Perhaps number three would be Shelby County, involving essentially the destruction of the Voting Rights Act. That act had a voluminous legislative history. The bill extending the Voting Rights Act was passed overwhelmingly by both houses, Republicans and Democrats, everyone was on board. The Court’s interference with that decision of the political branches seemed to me out of order. The Court should have respected the legislative judgment. Legislators know much more about elections than the Court does. And the same was true of Citizens United. I think members of the legislature, people who have to run for office, know the connection between money and influence on what laws get passed.”

Overturning Roe v. Wade: “Women who can’t pay are the only women who would be affected…. It will take people who care about poor women… There is no big constituency out there concerned about access restrictions on poor women.”

About her dissents: “Sometimes one must be forceful about saying how wrong the Court’s decision is.”

The full interview is here.

September 26, 2014

Voter Suppression, Solutions

A new form of voter suppression has appeared in North Carolina where Americans for Prosperity, partially funded by the Koch brothers, sent incorrect voter registration information to voters in the state and one cat. Hundreds of recipients have called the State Board of Elections about the form that they received with the wrong information:

  • At the top, the form states voter registrations are due 30 days before an election to the State Board of Elections’ office. Below, in smaller type, it states the deadline is 25 days before the election. The information must be sent to the county elections board, not the state board.
  • The first page also states people should return the registration to the N.C. Secretary of State’s office, though the envelope is addressed to the State Board of Elections.
  • It states the Secretary of State’s office has an elections division and can answer questions about registration. The North Carolina Secretary of State does not handle elections. The phone number for the Secretary of State’s office is actually for the State Board of Elections.
  • The form states that after voters mail in their information, they will be notified of their precinct by their local county clerk. Notification comes from the county board of elections or the elections director, not the county clerk.
  • The registration form also includes the wrong ZIP code for the State Board of Elections. The ZIP code associated with the board’s post office box is 27611, and the board’s office ZIP code is 27603.

A form sent to Alison Beal of Wake Forest was addressed to her brother-in-law who lives in Caldwell. Neither one belongs to Americans for Prosperity.

Adam C. Nicholson, a spokesman for Americans for Prosperity, refused to say how many people were sent the forms, how the group obtained the voter lists, or how the mistakes occurred. Another spokesman, Levi Russell, said that people need to look at the forms in context with an otherwise “highly successful” voter registration drive. North Carolina is the same state where Senate President Pro Tem Phil Berger (R) was forced to change his television commercials because it gave misleading information about a new identification requirement that doesn’t go into effect until 2016.

Conservative lawmakers claimed that their new voting laws, the most restrictive and suppressive in the nation, would reduce fraud. The 4th Circuit Court of Appeals heard arguments on a lawsuit yesterday. Thomas Farr, one of the lawyers representing the state, justified the repressive laws because nothing “horrible” happened in the May primary. said the provisions didn’t hinder minority voting in the May primary, saying nothing “horrible” had happened. Another argument against allowing people to vote is that it would be a burden for the state because it had already mailed a 30-page pamphlet to households and would have to “re-educate” voters and “let them know the new rules with the election underway.”

Judge Henry Floyd asked, “Does an administrative burden trump a constitutional right?” Judge James Wynn also questioned the seriousness of long lines at polling places, people going to wrong precincts, and the need to count same-day voter registrations by hand if they reinstated the former procedures. “How come the state of North Carolina doesn’t want people to vote?” Wynn asked.

Last Monday, a U.S. District Court heard closing arguments in the case that challenges voter suppression of 600,000 people in Texas because of the narrow number of photo IDs that can be used to vote. There is no indication of when the court will issue its ruling.

Ohio has asked the U.S. Supreme Court to delay a federal judge’s order that expands the state’s early voting schedule this fall. Without help from SCOTUS, people can start casting early ballots next week.

One solution for voting problems is to modernize registration at the state level. Voters are told they aren’t registered in the right place, that their address hasn’t been updated, and that their name is misspelled. Some of them have been wrongly removed from the rolls.

A uniform early voting period would remove states’ abilities to restrict the time to vote and reduce long voting lines. Another way to reduce waiting time at the polls is to establish standards for voting machines per capita. During the last election, some states saw almost no waiting time in predominantly white precincts and many hours in precincts with mostly black voters.

The federal government could also research problems with computers for voting and perhaps the owners. For example, Karl Rove had a deep involvement with the voting computers used in Ohio in the 2004 presidential election, which coincidentally had abnormalities bringing the state in for George W. Bush. In 2012, Rove guaranteed that Ohio would go for Mitt Romney, resulting in rumors that hackers changed the rigged computer software that would have provided this. Certainly, Rove’s face on Election Night showed his disbelief that Ohio went for President Obama in 2012.

The Election Assistance Commission needs to be strengthened. Without commissioners or a permanent executive director, the EAC had long been dysfunctional. Currently all four commissioner positions are vacant.

To give voters greater freedom for voting personal choice, employers need to be stopped from controlling political activity outside the job. Only four states--California, Colorado, New York and North Dakota–protect workers from being fired for legal activity outside of work. Federal law makes it illegal to “intimidate, threaten or coerce” anyone against voting as they wish, but the connection between possible coercion or intimidation and “worker education” is rather fuzzy in the eyes of the law. The federal government has mostly chosen to let states, including the ones that promote voter suppression, to decide questions of employee free speech. About half of people in the United States live in states that do not provide any worker protection for political speech or from pressure, such as threat of job loss, to vote in a specific way.

In New Mexico, a signed letter saying that a person was fired because of carrying an Obama tote bag is no protection without litigation. The Supreme Court has strongly expanded “employer free speech,” giving them the rights to pay millions and millions of dollars to elect a specific candidate. Employees need the same right.

In their goal of suppressing the votes for the poor, the elderly, and minorities, Republicans will undoubtedly oppose any such moves, but these are ways to move the country toward the concept of one person, one vote.

Update in Georgia: After Georgia Secretary of State Brian Kemp refused to process 51,000 voter registrations from the New Georgia Project, black lawmakers in the state are demanding answers about the status of these registrations. NGP has reportedly submitted about 85,000 applications to county election officials in the state. Kemp staffers said they would “move expeditiously” to process the registrations before the October 6 deadline. That’s ten days. The office, however, was unable to provide adequate details about how the process would be carried out, according to state Rep. Dee Dawkins-Haigler. Kemp claimed that they had found several dozen suspicious applications after they sent letters to 159 counties in a concern for fraud.

The excuse for refusing to let people register or vote is always a concern that changing the rules so close to the election would cause voter confusion. This is the excuse from Alexander Peters, North Carolina’s senior deputy attorney general, who noted in arguments before the 4th Circuit Court yesterday that absentee ballots were mailed Sept. 5. Thanks to television ads from conservatives, voters in at least that state are already confused. So are voters in Wisconsin just increased voter suppression, thanks to a GOP three-judge panel.

North Carolina resident Rosanell Eaton, 93, remembers her registering to vote in 1939 when she turned 18. Three white officials told her that she had to recite the preamble to the U.S. Constitution before she could vote. She did it perfectly. Seventy-five years later, she and many others are once again facing obstacles to voting because of white conservatives. As Wynn asked, “How come the state of North Carolina doesn’t want people to vote?” That’s a question that could be asked in the majority of states in the United States of America.

August 22, 2012

Did You Lose Your Right to Vote?

Over 180 bills that restrict voting have been introduced in 41 states since the beginning of 2011; 34 states successfully passed such restrictions as mandating photo ID and limiting times when people can vote. Nowhere are these new laws more important than in the swing states of Florida, Ohio, and Pennsylvania. Although voting should be a constitutional right, the controls in different states limit the abilities of people to vote differently. People have different voting rights depending on where they live.

Initially conservatives tried to justify voter restriction by claiming massive voter fraud. Now, many admit that there’s no problem. An investigation of 2,068 purported cases of fraud during the last decade found only 10 cases of fraud among 146 million voters—one per 15 million voters. James O’Keefe, notorious for video stings, showed two supposed non-citizens voting. Both are actually U.S. citizens. Despite the falsehoods of his video, O’Keefe will be a Republican conference speaker at an exclusive luncheon where he will talk about “the role of the citizen journalist.”

Florida started purging their voting roles weeks ago with no apparent reason other than trying to hoping to keep more liberal voters from participating in the process. This was after Florida passed draconian laws preventing people from registering new voters. Then they moved forward in their attempts to limit students, seniors, and the poor from voting by curtailing the times that people could vote in the last election. A federal appeals court stopped the state from limiting early voting because it was determined racially discriminatory under the federal Voting Rights Act.

Because this act covers only five of Florida’s 67 counties, Tampa plus four other small counties, there is a question about what the state will do now. If the state fails to file an amended plan for Justice Department approval, the entire election reform bill will be struck down. Gov. Rick Scott persuaded four of the five states that voters would be fine with polls open for 12 hours during eight days of early voting. The fifth election supervisor, a Republican in the Florida Keys, is sticking to his guns, and Scott is threatening to fire him.

The state of Ohio isn’t covered by the Voting Rights Act so the Republicans in charge of county voting and the Republican secretary of state John Husted have limited early voting to 8:00 am-5:pm on weekdays. Doug Preisse, chair of the Franklin County Republican party, said, “We shouldn’t contort the voting process to accommodate the urban, read African-American, voter-turnout machine.” Because many people who want to vote earlier also work during the day, 82 percent of those who cast their votes in the last election went to the polls during the now-banned times.

Politics got even nastier in Ohio when Husted, who had established the restrictive voting times, removed the two Democrats on the Montgomery County Board of Elections. Because Dennis Lieberman and Tom Ritchie, Sr., did not see any written prevention of weekend voting, they brought up the issue at the board meeting. A 2-2 tie along party lines sent the issue to Husted to settle where all the problems with voting times began. Because all county election boards are split 50-50 between Democrats and two Republicans, Republican Husted makes the final decision.

Husted’s letter to the country election board demanded that it rescind Lieberman’s motion and threatened them with being fired if they didn’t. Lieberman, an attorney and former county Democratic Party chair, refused to withdraw his motion, arguing both that his motion did not violate the directive and that it was best for local voters. Both Democrats were suspended; the two Republicans remained on the board.

In Pennsylvania, a Republican state court judge ruled that the new voter ID law is constitutional.  One of the lead plaintiffs, a 93-year-old woman, doesn’t have her birth certificate or any photo ID because her purse was stolen while she was shopping, but the Republican judge didn’t see this as a problem. Also the name on her birth certificate was different from that on other documents, a not unusual situation for any woman who changed her name after she married, but a situation that can keep her from voting. Since the lawsuit, election officials gave her an ID card, an illegal action for them, but she is just one of possibly 600,000 people who would have to go to extremes to gain the ability to vote for the first time in their lives.

Watching the Pennsylvania photo ID court case unfold was black comedy. Pennsylvania Republican House Leader Mike Turzai (R-PA) was very open about his opinion that photo ID would guarantee Mitt Romney’s election:  “Voter ID, which is gonna allow Governor Romney to win the state of Pennsylvania, done.” The commonwealth’s Republican governor, Tom Corbett—the same guy who signed the measure into law—couldn’t remember what IDs he is making his constituents have to vote. During her testimony, Carole Aichele, secretary of the Pennsylvania Commonwealth, didn’t know what the law said but was positive that 99 percent of voters had valid identification. She just couldn’t provide an evidence for her claim.

The pre-hearing filing made all this very clear:

– There have been no investigations or prosecutions of in-person voter fraud in Pennsylvania

– The state is not aware of any in-person voter fraud in Pennsylvania

– The state will not offer any evidence that in-person voter fraud has occurred

– The state will not offer any evidence or argument that in-person voter fraud is likely to occur in the absence of the photo ID law

According to the Supreme Court ruling in Ayotte v. Planned Parenthood, plaintiffs have to show that a law is unconstitutional—extremely difficult until it goes into effect. Gonzales v. Carhart requires the court to make the assumption that legislators make laws in good faith—frequently no longer true and certainly not true with the photo ID laws. Pennsylvania Gov. Tom Corbett announced the day after the ruling to keep photo IDs that he was dumping plans to let voters apply online for absentee ballots and register online to vote. During testimony in the case, the governor’s administration had promised to take these two actions, but, heck, they won. They don’t need to help people register to vote.

Fortunately, the Department of Justice is investigating the effects of the Pennsylvania law.

In Massachusetts, Sen. Scott Brown (R-MA) protested a federal voter registration law. The 1993 National Voter Registration Act, sometimes called the Motor Voter bill, mandates that citizens be offered the opportunity to register to vote when they get a driver’s license or apply for social services. Sued for lack of compliance, the Commonwealth settled the case out of court and agreed to contact by mail 477,944 welfare recipients who might have been denied their right to be offered a chance to register to vote. Because the daughter of Elizabeth Warren, Scott’s opponent, is chair of one of the boards that sued, Brown made this statement:

“I want every legal vote to count, but it’s outrageous to use taxpayer dollars to register welfare recipients as part of a special effort to boost one political party over another. This effort to sign up welfare recipients is being aided by Elizabeth Warren’s daughter and it’s clearly designed to benefit her mother’s political campaign. It means that I’m going to have to work that much harder to get out my pro-jobs, pro-free enterprise message.”

One conservative governor deserves praise. Michigan Gov. Rick Snyder, known for appointing removing democracy from towns and schools in his state by appointing emergency managers, vetoed voter suppression laws. In his veto statement, he wrote that “voting rights are precious.”

Conservatives that lose the voter restrictions might be able to rig the election through computers. The swing states of Pennsylvania and Virginia use paperless systems that cannot do recounts and have no way to recover lost votes. Two large suburban counties around Denver (CO) also have no audit trail. Much of Ohio and Nevada use touchscreen electronic machines that print a cash register-like record of votes; Ohio does require polls to have backup paper ballots. Printouts from these computers, however, may not be the legal equivalent of a paper ballot marked by a voter if a recount is necessary.

Other swing states, such as Florida, North Carolina, and much of New Hampshire, scan paper ballots that may miss votes. Earlier this year, Palm Beach County (FL) scanners identified the wrong winner in two local contests, an error not discovered until a routine audit the next week. In 2010, Humboldt County (CA) officials finally figured out that when they re-scanned batches of mail-in ballots that the previous batch count was erased. The manufacturer knew about that problem but hadn’t told a new local election official. In the recent New York City congressional primary involving Rep. Charlie Rangel, officials failed to record all of the results from optical scan tabulators causing some precincts to report zero votes.

Computers also allow gatekeepers to magically “discover” more votes after an election.. Such was the case with Waukesha County Clerk Kathy Nickolaus who personally got David Prosser his place on the Wisconsin Supreme Court because she was the only person in charge of the computers that “found” 7,582 votes for him, two days after the election, just enough for Prosser to win the election without a recount. Wisconsin’s state’s attorney general announced yesterday that he is filing a petition to the Supreme Court to place a harsh state photo identification law—already ruled unconstitutional by two Wisconsin judges—into effect before the November election.

When he signed the Voting Rights Act 47 years ago, President Johnson called the right to vote “the basic right without which all others are meaningless.” It seems that Republicans beg to differ.

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