People For the American Way

Voting Rights – We Can Win

News and Analysis

This Saturday marks the 51st anniversary of the signing of the Voting Rights Act. Though we have a long way to go to restore this landmark law and ensure that every voter can cast a ballot that counts, it’s important to recognize the progress being made.

Yesterday a ruling in North Dakota provided relief for voters facing restrictive voter ID this November. From the Native American Rights Fund:

[A] federal district court enjoined North Dakota’s strict voter ID law and ruled that voters unable to obtain the necessary identification may vote in the upcoming election by completing a declaration or affidavit. The court agreed with the seven Native American voters that the new law disproportionately burdens Native Americans and denies qualified voters the right to vote.

Last week was huge for voting rights victories, with voters in five states receiving favorable rulings.

Kansas: A Shawnee County district judge ruled that thousands of questioned (thanks to Kris Kobach) voter registrations will count in the August 2 primary. As reported by the Kansas City Star:

A Shawnee County district judge ruled Friday that the votes of 17,500 people whose registrations had been questioned are to be tallied in Tuesday’s primary.

Judge Larry Hendricks issued a temporary order, meaning the votes will be counted Tuesday. The American Civil Liberties Union filed the lawsuit against Secretary of State Kobach on behalf of Kansas voters who were told that they could vote in federal elections but that their votes in state and local elections would not be counted.

Louisiana: A federal district court held the state accountable for its neglect of the National Voter Registration Act (NVRA), which expands voter registration access to motor vehicle offices and other agencies. Niyati Shah provided this Project Vote analysis:

In this exhaustive opinion, the court basically held that mere lip service to the public assistance provisions of the National Voter Registration Act (NVRA) is not an option . . . In Louisiana, however, the state had apparently decided that our vulnerable citizens weren’t all that important, and gave all sorts of excuses for neglecting Section 7 of the NVRA. But, in a resounding victory for the right to franchise, a federal district court rejected the state’s arguments.

North Carolina: The state’s monster voter suppression law that covers a number of harmful policies was struck down by the Fourth Circuit Court of Appeals. Paul Gordon provided this PFAW Foundation analysis:

A three-judge panel of the Fourth Circuit Court of Appeals today reversed a lower federal court and struck down North Carolina’s notorious voter ID law, as well as its provisions curtailing or eliminating early voting, same-day registration, out-of-precinct voting, and preregistration of 16 and 17 year-olds.

Significantly, the unanimous circuit court concluded that the law does more than “just” have a discriminatory impact, in violation of a section of the Voting Rights Act (VRA).  The court also found that the law’s purpose was to discriminate, putting it in violation of the United States Constitution. One piece of evidence: state officials moved to enact the law within days of the Shelby County case removing any preclearance requirements under Section 5 of the VRA.

Virginia: Though here it was a state court pushing back on voting rights progress, Governor Terry McAuliffe stood strong in defense of voting rights restoration for formerly incarcerated persons. After the Virginia Supreme Court struck down Governor McAuliffe’s executive orders restoring the voting rights of over 200,000 formerly incarcerated persons, McAuliffe said “he would forgo his blanket declaration — and, instead, individually sign about 206,000 restoration orders for ex-felons, including 13,000 who had registered after his April order.”

Wisconsin: A federal district court struck several provisions of the state’s voter suppression package. Rick Hasen provided this Election Law Blog analysis:

This is a pretty sweeping opinion, which rejects many of the state’s arguments for its restrictive voting rules as [pretextual], and really aimed at giving Republicans advantage in elections. The judge was particularly skeptical of measures which made it harder to vote in Milwaukee, with its large population of minority voters, and to a lesser extent, Madison, a liberal stronghold in the state. But this is a careful opinion which parses the evidence and does not accept all of the claims.

Two weeks ago it was Texas and, again, Wisconsin.

Texas: The Fifth Circuit Court of Appeals affirmed previous rulings against voter ID. As reported by the Texas Tribune:

Texas’ voter identification law violates the U.S. law prohibiting racial discrimination in elections, a federal appeals court ruled Wednesday.

The U.S. 5th Circuit Court of Appeals affirmed previous rulings that the 2011 voter ID law — which stipulates the types of photo identification election officials can and cannot accept at the polls — does not comply with the Voting Rights Act.

Wisconsin: A federal district court provided relief for voters facing restrictive voter ID this November. From the American Civil Liberties Union:

Wisconsin’s voter ID law has been a mistake from day one. This ruling is a strong rebuke of the state’s efforts to limit access to the ballot box. It means that a failsafe will be in place in November for voters who have had difficulty obtaining ID.

There is a lot of work left to do in the voting rights arena. Not even these victories signal the end of the road for voting rights advocates. But they are important signs of progress.


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