The Family Research Council is deeply troubled that Democrats have the gall to try to win elections in the state of Texas. On Washington Watch yesterday, FRC senior fellow Kenneth Blackwell said that President Obama is “trying to keep the border of Texas very open and porous” to allow undocumented immigrants to enter the state so they can vote Democratic, even though they are not US citizens and therefore cannot vote.
Blackwell even tied this “very disturbing” Democratic conspiracy to the lawsuit against the Texas voter ID law, a measure that would bar the 1.4 million Texas voters who lack a photo ID from voting.
“There’s a confluence of events and activities that taken as a group paints a very disturbing picture,” Blackwell told host Tony Perkins.
“Think about Texas and think about how the left is now trying to keep the border of Texas very open and porous and so you look at the number of illegals who are crossing the lines and now you have folks trying to make it easier—they’re fighting Texas in court to make voter ID illegal in Texas -- all of the sudden you see non-registered, non-legal citizens coming over the border, you see this effort by field organizers to get data on folks, making it very easy for them to mobilize those voters on Election Day.”
Of course, Blackwell’s argument is completely bogus. The Texas voter ID law would do extremely little to curtail voter fraud. The Dallas Morning News found last year that of the mere 66 people in Texas charged with voting irregularities since 2004, just “four cases involved someone illegally casting a ballot at a polling place where a picture ID would have prevented it.”
Blackwell also made a patently false claim about Obama’s handling of the US-Mexico border, as the number of border patrol agents on the southern border has grown to record highs since Obama came into office:
In June, the Supreme Court struck down the key enforcement mechanism of the Voting Rights Act of 1965, which mandated Justice Department review of election law changes in states and counties with a history of voting discrimination.
The state of Texas responded almost immediately by going ahead with an arduous photo ID requirement that had until the Supreme Court’s decision been blocked by federal courts.
As the Justice Department and voting rights advocates feared, Texas’ law, which went into effect on Monday, is already keeping qualified people from registering to vote. So far, only 41 of the 1.4 million people who lack an eligible voter ID have obtained a substitute “election identification certificate.” But the new requirement isn’t just preventing people who don’t have certain forms of ID from registering to vote – it’s also threatening to disenfranchise women who changed their names when they married.
Policy Mic notes that the Texas law “requires all voters to provide a photo ID that reflects their current name. If they cannot, voters must provide any of a series of other acceptable forms of identification all of which must match exactly and match the name on their birth certificate." This presents a problem for the 34 percent of women who lack an ID that shows their current name, including those who changed their names when they married:
In fact, only 66% of women have an ID that reflects their current name. If any voter is using name different than what appears on their birth certificate, the voter is required to show proof of name change by providing an original or certified copy of their marriage license, divorce decree, or court ordered name change. Photocopies aren’t accepted.
Now ask a woman who’s been married for years where her original marriage certificate is. Ask a woman who’s been divorced — maybe more than once — where all the divorce decrees are. Ask elderly women where their original birth certificate is.
Today, Think Progress reports on one Texas woman caught in this trap: a state district court judge who has been voting for nearly 50 years but whose registration was almost blocked because her drivers’ license lists her maiden name as her middle name, while her voter registration form did not:
As she told local channel Kiii News, 117th District Court Judge Sandra Watts was flagged for possible voter fraud because her driver’s license lists her maiden name as her middle name, while her voter registration form has her real middle name. This was the first time she has ever had a problem voting in 49 years. “What I have used for voter registration and for identification for the last 52 years was not sufficient yesterday when I went to vote,” she said.
Watts worried that women who use maiden names or hyphenated names may be surprised at the polls. “I don’t think most women know that this is going to create a problem,” the judge said. “That their maiden name is on their driver’s license, which was mandated in 1964 when I got married, and this. And so why would I want to use a provisional ballot when I’ve been voting regular ballot for the last 49 years?"
The Justice Department is currently suing Texas over the law and asking a federal court to require preclearance in the future, under a section of the Voting Rights Act not affected by its recent ruling.
We’re already well aware that the voter ID laws that have been passed in many states are designed not to prevent fraud but to deter certain groups of people from voting, as several Republicans have admitted in the past. But even without those accidental moments of honesty, it would be clear that something other than an epidemic of voter fraud was motivating the passage of these laws, because there is nothing close to an epidemic of voter fraud.
Today, we have some new evidence of that. Wayne Slater of the Dallas Morning News reviewed the 66 voter fraud cases prosecuted by Texas Attorney General Greg Abbott since 2004 and found that just four cases would have been prevented by the state’s voter ID law. The law was passed in 2011 and blocked by a unanimous three-judge panel of federal judges until this spring, when the Supreme Court gutted the key enforcement provision of the Voting Rights Act. Just two hours after the Supreme Court handed down its decision, Abbott declared the voter ID law to be once again…which in turn led to another Justice Department lawsuit.
The numbers that are supposedly driving Texas’ voter ID push are so ridiculous that they’re actually quite difficult to illustrate. Consider this: Texas had 13,594,264 registered voters in 2012. Four cases of fraud out of 13,594,264 voters works out to… actually, it’s a percentage so small my calculator won’t even display it. Of course, voter fraud is a serious felony that Texas is right to prosecute on the rare occasions that it happens. But Greg Abbott considers the crime widespread enough to pass a law that will disenfranchise thousands of voters who can’t access the ID they need, or will be confused or otherwise deterred by the restrictions and won’t go to the polls.
Perhaps the most telling part of Slater’s piece is this:
“Abbott acknowledged that voter ID wouldn’t have made a difference in most of the cases he has prosecuted.”
Instead, Abbott’s response to Slater’s data on the ineffectiveness of voter ID was as logical as can be expected: Obamacare!
So Abbott’s solution to prevent potential voter fraud is one that he admits won’t address most of the (very few) actual instances of fraud, yet he’s pushing ahead with instituting a law that will disenfranchise thousands? To me, it looks like he doesn’t even believe his own spin anymore. The only “problem” this law addresses is that some people want to vote for Democrats—and Greg Abbott knows it.
Texas Attorney General and GOP gubernatorial candidate Greg Abbott claims the Obama administration’s lawsuit against a redistricting plan, which a federal court unanimously ruled was designed to deliberately discriminate against Latino voters, is proof that the administration is actually discriminating against Latino Republicans.
With new legal battles heating up between the Justice Department and Texas over redistricting and voter ID laws, Abbott has taken to the Washington Times to argue that the Obama administration seeks to violate “the rights of Hispanic voters who preferred representatives” who are Republicans. “The administration’s approach reveals the Democrats fear that Republican candidates were making inroads with Hispanic voters,” Abbott writes.
While around 1.4 million Texans lack voter ID, Abbott claims that “crying ‘voter suppression’ is nothing but a cynical scare tactic designed to mobilize Democratic partisans, none of whom ever will be prevented from voting by these laws,” adding that “the Obama administration is sowing racial divide to score cheap political points.”
In redistricting, the Obama administration has aligned itself with Democratic state representatives and Democratic members of Congress who already are suing Texas. It is no surprise then that the legal position of President Obama’s attorneys seeks to improve Democratic candidates’ prospects. Of course, Mr. Obama’s attorneys conceal this partisan agenda with lofty rhetoric about minority voting rights. But it is no coincidence that every change to district lines supported by the administration benefits Democrats. Behind the empty allegations of racial discrimination lies one goal — helping Democrats in 2014.
The president’s partisan use of the Voting Rights Act actually hurts many minority voters in Texas. With the administration’s support, redistricting litigation already has unseated Texas state Reps. Jose Aliseda, Raul Torres, Aaron Pena and John Garza, as well as U.S. Rep. Quico Canseco. These representatives — all Republicans — won in 2010 in predominantly Hispanic districts. In 2011, however, the Obama administration and other partisan interest groups succeeded in getting a court to draw district lines so that only a Democrat could win these seats. As a direct result, all of these Republican Hispanic representatives lost their seats in 2012 except for Mr. Aliseda, who chose not to run for re-election. His district had been dismantled altogether at Democrats request.
The administration’s approach reveals the Democrats fear that Republican candidates were making inroads with Hispanic voters. Democrats could never “turn Texas blue” if that trend continued, so they got the courts to draw district lines that guarantee Democratic victory in predominantly Hispanic areas. What about the rights of Hispanic voters who preferred representatives such as Mr. Aliseda, you might ask? They apparently don’t matter to this administration.
Similarly, polling consistently shows that Hispanic Texans strongly support voter-ID requirements, another target of the administration’s litigious political strategy. Electoral fraud harms voters of all races, and voter ID is a simple, nondiscriminatory way to help stop it. Getting an ID is free of charge for any Texan who needs one. Voter-ID laws already have been upheld by the Supreme Court. Crying “voter suppression” is nothing but a cynical scare tactic designed to mobilize Democratic partisans, none of whom ever will be prevented from voting by these laws. The administration’s absurd claim that this common-sense fraud prevention device is actually a racist plot to prevent minorities from voting would be comical if it weren’t so depressing to see an American president stoop to that level.
After the Shelby County decision, the Voting Rights Act still works. It just no longer imposes an onerous and costly preclearance requirement that disrupts the state-federal balance of power enshrined in the Constitution. Instead of allowing the Voting Rights Act to work in a way the Constitution allows, the Obama administration is sowing racial divide to score cheap political points. The president is using the legal system as a sword to wage partisan battles rather than a shield to protect voting rights. This overreaching action undermines the Voting Rights Act and the rule of law. Texas will not tolerate it. So far, neither will the Supreme Court.
A state elections board has prevented Kansas Secretary of State Kris Kobach from forcing the status of 12,000 voters into limbo, but he doesn’t get what the big deal is.
Kobach hit a speed bump this week in his effort to implement a new voter ID measure that requires voters to produce proof of citizenship when they register to vote. As Think Progress reported yesterday, a computer system delay has caused the voting status of 12,000 Kansans, most of whom registered while doing business at the DMV under the “motor voter” law, to go into limbo.
To “fix” this problem, Kobach suggested that the 12,000 voters effected by the computer glitch be forced to cast provisional ballots in the next election. If they wanted those ballots to count, they would have to later go to local election officials armed with proof of citizenship, such as a birth certificate.
The state elections board rejected Kobach’s solution. As Republican state senator Vick Schmidt said, “I don’t believe a large percentage of the population knows what casting a provisional ballot means. They believe it is going to count. Sadly for these 12,000-plus individuals, it will not count unless they take further action, and I think that is disingenuous at best.”
But Kobach told the Wichita Eagle that disenfranchising those 12,000 people wouldn’t be a “major problem” because they represent a “tiny percentage” of Kansas’ voters and probably don’t really want to vote anyway:
Kobach said his proposal would have given voters, particularly those who could participate in upcoming special elections this fall, an extra week to prove their citizenship. But he said those who remain in suspense probably only registered after being asked by clerks at the Department of Motor Vehicles and aren’t likely to be very active voters.
“I don’t think it’s a major problem,” he said. “This is a pretty tiny percentage of 1.8 million voters. It’s a small number of people. We’ll see as the coming elections unfold how many actually come out to vote.”
To put this in perspective, Kobach’s justification for pushing the voter ID law in the first place was what he alleged were 221 incidents of illegal voting in Kansas over the period of 13 years, only seven of which resulted in convictions.
So, Kobach thinks seven confirmed cases of voter fraud over 13 years requires upending the state’s entire voting system. But that overhaul resulting in 12,000 voters in one election forced to cast ballots that might not count affects “a small number of people” and is not a “major problem.”
Back in April, two Alaska House committees approved a bill that would require voters to show a photo ID at the polls – a particularly damaging measure in a state where many rural communities don’t even require photos on drivers’ licenses. Now, the Anchorage Daily News is reporting that there is a familiar face behind the measure. Kansas Secretary of State Kris Kobach, the driving force behind voter suppression and anti-immigrant measures around the country, reportedly coordinated with Lt. Gov. Mead Treadwell to push the bill in what looks like an effort to damage Democratic Sen. Mark Begich in his 2014 reelection bid. (Treadwell denies that he worked with Kobach on the bill, which he says he opposes.)
Alaska Natives say a photo ID rule would be a roadblock to voting in the Bush. A decline in turnout there, with its traditionally heavy Democratic vote, could affect the 2014 reelection hopes of U.S. Sen. Mark Begich, a Democrat running in a Republican-leaning state. One of his potential rivals is Alaska's top election official, Republican Lt. Gov. Mead Treadwell.
Treadwell says he doesn't support the voter ID bill, but Kobach says Treadwell was instrumental in getting him involved in promoting the Alaska legislation.
In an April statement to reporters that didn't mention Kobach or Kansas, Treadwell touted the cross-checking as having found 14 people suspected of "actually voting in both Alaska and another state" in 2012. Treadwell threatened to prosecute the voters if the allegations were confirmed.
Alaska elections director Gail Fenumiai recently said 12 of the 14 voters cited in Treadwell's April statement were wrongly identified as duplicate voters and actually voted only in Alaska.
Kobach told the Daily News it was he who suggested to Treadwell that Alaska get involved in the Kansas project. "I personally talked to Mead Treadwell, your lieutenant governor, and encouraged him to join, and he did so," Kobach said.
And his testimony on the photo ID bill, Kobach said, was the result of a conversation with Treadwell.
"I spoke to Mead about it at one of our national conferences -- he mentioned that you guys were considering a photo ID law," Kobach said. "I said I'd be happy to share some of the experiences we've had in Kansas."
Treadwell, who said he doesn't support the Alaska bill because of the difficulty for Bush residents to get photo identification, said he didn't recall talking to Kobach about it.
As the Daily News explains, a photo ID bill would be especially damaging to Alaska Natives living in rural communities where DMVs are hard to access and where many towns don’t even require photographs on drivers’ licenses:
Photo ID measures are controversial across the country. Advocates say they help prevent fraud. Opponents say they make it more difficult for particular groups of people to vote: the elderly, students and the poor who don't own cars. In Alaska, the situation is compounded by the difficulty of getting to a Division of Motor Vehicles office in a regional hub like Nome or Bethel from a small village. Alaska doesn't even require a photograph on a driver's license in dozens of Bush communities.
Democratic activists say photo ID bills have the effect of disenfranchising more Democratic voters than Republicans. In his annual address to the Alaska Legislature this year, Begich criticized the bill as making it more difficult for Alaska Natives and Hispanics -- two traditional Democratic groups -- to vote.
The sponsor of Alaska’s bill, who has acknowledged that he drafted the measure using materials from the corporate-funded conservative group ALEC, had odd words of consolation for those concerned about the suppressive impact of the bill: at least it wouldn’t be as bad as Iraq!
Rep. Bob Lynn, an Anchorage Republican who is prime sponsor of the voter ID bill, said he wasn't trying to disenfranchise anyone. He dismissed opponents as complainers who should be happy they don't face the kind of obstacles voters do in places like Iraq.
"Terrorists have threatened to kill anyone who voted, but they voted anyway, and then these voters put ink in their finger to prove they had voted -- evidence that could have gotten them killed. Now that's a hassle, to say the least. Needing a photo ID to vote in Alaska wouldn't even come close to that," Lynn said when his State Affairs Committee first heard the bill in February.
Kansas Secretary of State Kris Kobach, the driving force behind draconian anti-immigrant laws in Arizona and Alabama and a rising national figure on the Right, is close to a major victory on one of his other pet projects – gaining attention for the mythical problem of “election fraud.”
Kansas’ legislature is poised to grant Kobach’s office the power to prosecute election fraud cases that it identifies, a responsibility previously reserved for county and federal prosecutors. Kobach claims that prosecutors and the state attorney general’s office are neglecting these cases because of “a very full plate.”
But a look at even a few of the cases Kobach claims that prosecutors are neglecting tells a very different story. In February, Kobach told The Topeka Capital-Journal that he had referred eleven “slam dunk” cases to prosecutors, none of which had ended in convictions. But one of the prosecutors responsible for following up on those cases found that most were isolated incidents involving people who were just confused about the voting laws:
Johnson County District Attorney Stephen Howe took exception to some of Kobach's characterizations in his testimony on behalf of the Kansas County and District Attorneys Association. Howe said Kobach's bird’s-eye view of widespread voter fraud crumbles when investigated by those on the ground.
For instance, Howe said one double-voter his office investigated was an elderly man showing "the early stages of dementia." Howe's office notified the man's family rather than prosecute him.
Another alleged double voter was a developmentally disabled man.
“Are we supposed to prosecute that case?" Howe asked. "I chose not to.”
This fits with the pattern. In 2011, Kobach claimed that there had been 221 incidents of voter fraud in Kansas between 1997 and 2010. Yet just seven of these resulted in convictions.
Kobach now claims that he has identified at least 30 cases of illegal double voting in the 2012 election by finding people with the same name and birthdate who voted in two separate states. Such matching tactics have in the past have resulted not in legitimate voter fraud convictions, but in embarrassing errors and mass wrongful disenfranchisement.
Kobach’s issue with the state’s prosecutors seems to be not that they haven’t properly investigated voter fraud – but that they have failed to promote the conspiracy theory about widespread voter fraud that, when it becomes popular, benefits people like Kris Kobach and the policies they pursue.
ALEXANDRIA, Va. – Rev. Gregory King, Sr., pastor of Russell Temple CME Church in Alexandria and a spokesman for People For the American Way Foundation’s African American Ministers Leadership Council, issued the following statement in response to Gov. Bob McDonnell’s signing of a restrictive voter ID law today:
“In last year’s election, Virginians who came out to exercise their right to vote faced some of the longest lines in the nation. This is a democracy problem that our elected officials should be working to solve.
“Instead, Gov. McDonnell and our legislature are working overtime to throw up even more barriers to the democratic process. This voter ID bill purports to combat the non-existent problem of voter fraud, but instead it creates a larger problem of voter suppression. This law is a politically-motivated attempt to disenfranchise already marginalized communities, and it places one more burden on voters who already had to go to extraordinary lengths to vote in last year’s election. We will fight to repeal it, and we will fight to make sure every eligible Virginian stands up and makes their voice heard at the ballot box.”
The African American Ministers Leadership Council, a program of People For the American Way Foundation, represents a nationwide network of clergy working toward equality, justice and opportunity for all.
Eagle Forum’s Phyllis Schlafly believes that Al Franken never would have been elected to the U.S. Senate in 2008 if Minnesota had a voter ID law and that there is now “reason enough for the U.S. Senate to use its constitutional power in Article I, Section 5 to unseat Franken.” Franken won by a mere 225 votes against incumbent Norm Coleman, but Schlafly says in her latest column that it's because felons cast illegal votes to push him over the top and that only Voter ID laws, which she claims are beloved by minorities, can remedy the situation.
Schlafly cited a report by the right-wing organization Minnesota Majority; however, the study has been largely dismissed as “frivolous” by experts, who also note that voter ID laws will do nothing to stop convicted felons from voting illegally and that the report’s “data include cases associated with the 2010 election, and are not limited to cases involving felons who voted illegally.” People For the American Way’s report The Right to Vote Under Attack also observes that Minnesota’s “Supreme Court wrote in its decision affirming Franken’s victory that neither Franken nor his opponent claimed voter fraud took place and ‘found no allegations or evidence of fraud or foul play and no evidence to suggest that the Election Day totals from the precinct are unreliable.’” Not to mention, how would Schlafly know that nearly every single felon who voted in Minnesota supported Franken?
As we approach a major national election, we hear warnings about many kinds of vote fraud and possible recounts that might delay confirmation of who are the victors. We also hear from deniers who insist that vote fraud is a figment of the imagination of Republicans. It isn't; vote fraud is real.
Many instances of registration fraud schemes were carried out by ACORN, and some members were even tried and convicted. Although ACORN announced it was closing its doors, it reemerged under new names.
It's common knowledge that there are more registered voters in Philadelphia than there are people living in Philadelphia, because dead and moved-away voters have not been stricken from the list. Similar accusations have been made in a dozen other states. In Minnesota, we were entertained for weeks with news of the recounting of votes in the 2008 Minnesota election for U.S. Senate. Al Franken was declared the winner by 312 votes out of three million cast.
After all was said and done, Minnesota discovered that 289 convicted felons had voted illegally in Hennepin County, 52 had voted illegally in Ramsey County, and many others voted illegally who were dead or who voted multiple times. That is reason enough for the U.S. Senate to use its constitutional power in Article I, Section 5 to unseat Franken.
Minorities are actually among those most eager to implement photo ID. Former Atlanta Mayor Andrew Young said, "You cannot be part of the mainstream of American life today without a photo ID." The sponsor of Rhode Island's photo ID law was Harold Metts, who is the only African-American in the state senate.
Just think of all the many occasions when we all must show photo ID: when stopped by the police for a traffic violation, to make a credit card purchase, to check in for any medical treatment, to check into a hotel room, or to board an airplane. Isn't it just as important to assure that only American citizens are allowed to vote, and to prevent non-citizens from canceling out your vote, and to prevent crooks from voting twice or voting in the name of a dead person who is still registered?
When your vote is nullified by illegal votes, you are cheated just as much as if you were denied the right to vote.
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.
A three-judge US District Court panel yesterday upheld South Carolina’s restrictive new voter ID law, but ordered that the law go into effect after November’s election. South Carolina softened its interpretation of the law during litigation. Under that interpretation, voters without proper photo ID are required to cast provisional ballots, although the presumption is that the voters' ballots will be counted unless a clear case can be made that they lied about why they do not have proper ID.
South Carolina members of People For the American Way Foundation’s African American Ministers Leadership Council reacted, expressing concern that that even the softened law could might keep African American South Carolinians from the polls in future elections.
“Today’s decision shows the continued necessity of the Voting Rights Act,” said Rev. Terry Alexander, pastor of Wayside Chapel Baptist Church in Florence and member of the South Carolina House of Representatives. “Because of the VRA’s preclearance provisions, South Carolina had to reinterpret a law that would otherwise have disenfranchised many African Americans. We now urge the state of South Carolina to enforce this law in a way that lives up to its promises in court, ensuring that every South Carolinian, with or without photo ID, can cast a vote that counts. If even one person is disenfranchised because of this law, that will be one person too many.”
The African American Ministers Leadership Council, a program of People For the American Way Foundation founded in 1997, works nationwide to help bring African Americans to the polls through the non-partisan “I Am A VESSEL and I Vote!” program.
Rev. Brendolyn Jenkins-Boseman, pastor of Abundant Life Fellowship in Camden, who was recently named the first-ever female co-chair of AAMLC, added, “We’re working every day to make sure every member of our congregations and communities can cast a vote that counts. While we work to educate voters on their rights under this law, we will also continue to work to make our elections fairer and more accessible.”