voter ID

Kris Kobach Thinks Disenfranchising 12,000 Voters Isn't a 'Major Problem'

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.”

Kansas' Kobach Pushes Plan that Would Disenfranchise Alaska Natives

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.
 

Kobach Seeks to Expand Own Power Over 'Election Fraud' Cases

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.
 

African American Ministers Leadership Council Disappointed as McDonnell Signs Voter ID Bill

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.
 

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Missouri Brings Voter ID Back from the Dead

Despite a veto and court rulings against the voter ID bill, Missouri’s state legislature continues this effort to disenfranchise thousands of voters.
PFAW

Election Protection: Our Broken Voting System and How to Repair It

“Although the time in our history has passed when certain Americans were excluded by force of law from electoral participation, endemic yet solvable problems continue to plague our system of elections and prevent too many eligible voters from fully participating in our democracy.”
PFAW Foundation

Restrictions on Early Voting and Voter Registration Used for Partisan Gain

Florida members of the African American Ministers Leadership Council said they were "appalled but not surprised" by the report and the claims that the restrictions exclusively targeted minority voters.
PFAW Foundation

The Right to Vote Under Attack, 2012 Update

Here we detail, as of October 6, 2012, except where otherwise noted, the latest efforts across the country to suppress the vote, as well as some encouraging successes in expanding the franchise.

Schlafly: Senate Should Move to Expel Al Franken

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.

Supreme Court to Hear Arizona Voting Rights Case

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.

PFAW

SC African American Ministers: Voter ID Decision Shows Continued Need for Voting Rights Act

 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.”

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Voter ID Blocked in Pennsylvania

While it is now guaranteed that voters without an ID cannot legally be turned away, the ruling only applies for the 2012 election. Concerns over voter disenfranchisement continue to exist.
PFAW Foundation

An Elderly Woman Grapples with Pennsylvania’s Voter ID Law

In March, Pennsylvania’s governor signed one of the most restrictive voter ID laws in the country. One study estimated that the law could impose extra burdens on 700,000 Pennsylvania voters, disproportionately affecting the poor, minorities, students and the elderly.

Andrew Cohen at The Atlantic writes today about one Pennsylvanian in her 80s who is struggling to keep her right to vote, sixty years after casting her first vote for Adlai Stevenson. Cohen quotes a letter that Robin Kane wrote to the voter ID law’s sponsor about her efforts to help her elderly mother, Jaqueline, register to vote in Pennsylvania:

For the past two weeks, my sister and I have been trying to help my mother gather the appropriate documents to get the newly required photo ID. The education campaign had inaccurate information and the rules keep shifting, making it difficult for me to understand and it would have been impossible for my elderly mother to do this without assistance.

First, VotesPA and PennDOT websites said she would need to get a non-driver's photo license. To do so, she would need her social security card; an original birth certificate with a raised seal; two proofs of residency; an application; and an oath that she had no other form of ID. My sister and mother spent two days looking for her birth certificate from 1930. They found my dead grandmother's birth certificate, plus ration cards from World War II, and lots of documents of my father's service during that war. But not her birth certificate.

I returned to the websites to learn that even without a birth certificate, she might be able to get the photo ID if the state Department of Health could confirm her birth. However, my mother was born in NY, not Pennsylvania. So, it turned out, this solution didn't apply to her. Instead, I was directed to seek a new birth certificate from the state of New York. Just when I thought we couldn't possibly get this done in time for her to vote, I learned that there is a new option for people exactly like my mom: the new, Department of State photo id for voting.

It still requires her to have her a social security card or number (which we found); proof of residency; an application; and an oath. And it still requires that my 82-year-old mother will travel by bus to a PennDOT office and hope that she has the stamina to wait in multiple lines to complete the process to get a photo ID that she needs for only this one purpose, ever. But she is determined to do so, if she is able. And she will vote against anyone who sided with you in this effort to suppress legitimate votes.

Cohen writes:

What this really means is that Jacqueline Kane is one of the lucky ones. She has a family that has the means to be able to help her in this fashion. But think of all the other elderly people out there, who won't have a health aid with them, or who don't have access to a bus, or who don't live in elder-care facilities where such opportunities exist. Those people aren't lazy, either. And yet they clearly face disenfranchisement if this law is permitted to stay in effect.

While Kane and countless others in Pennsylvania struggle to meet the voter ID requirement before election day, it’s still unclear whether the law will take effect in November. The Pennsylvania Supreme Court recently returned a challenge to the law to a lower court, ordering the lower court to halt the law if it’s not convinced the voter ID requirements won’t disenfranchise anybody.

PFAW

Experts Discuss the Politics of Voter Suppression

The right to vote is the most fundamental cornerstone of a functioning democracy. Yet right-wing  governors, legislators, and election officials around the country have been working to make it harder for Americans to exercise that right, through voter ID laws, restrictions on voter registration, cutting back opportunities for early voting, and other suppressive measures.
 
On Wednesday, the AFL-CIO held a panel discussion with three voting rights experts, who discussed the impediments many voters face and proposed ways to boost voter participation as we approach the November elections. The conversation was moderated by AFL-CIO executive vice-president Arlene Holt Baker, and the three panelists included Tova Andrea Wang, writer of the recently published book The Politics of Voter Suppression: Defending and Expanding America’s Right to Vote, Clarissa Martinez of the National Council of La Raza, and Carmen Berkley of Generational Alliance.
 
Discussing the GOP’s assault on voting rights, Tova Andrea Wang read this statement from a legislator: “I don't have a problem making [voting] harder. I want people in Florida to want to vote as bad as that person in Africa who walks 200 miles across the desert. This should be something you do with a passion.” Wang then asked the audience to guess what era they believed this assertion was made in. Most estimated the late 1800s. The audience was incorrect—the statement was made in 2012, by Florida Republican State Senator Michael Bennett. Wang further explained that parties have been manipulating election practices for almost 150 years, and politicians continue to repackage the same voter suppression tactics to fit the current times. Over the course of history, forces have repeatedly tried to block voters. But in the past couple of years, we have seen these forces re-emerge with particular ferocity, as more and more states attempt to introduce voter identification laws and implement other voter suppression tactics.
 
Wang alluded to restrictions on early voting in Florida and Ohio and the illegal purging of voter registration lists as massive hindrances to voter participation.  According to the NAACP, in Florida, more than 32 percent of those who voted early on the last Sunday before Election Day were African American, and nearly 24 percent were Latino. Many African-American churches in Florida and Ohio organize citizens to vote on the Sunday before the election, and by eliminating this possibility, states are making it harder for minorities to cast their ballot. Wang also mentioned how Florida's Gov. Rick Scott’s staff combed through the information of 80,000 registered voters to find out who was not an American citizen, and thereby ineligible to vote. Scott found only one individual on the list who was not an American citizen—more evidence that voter fraud is virtually nonexistent. 
 
Wang accentuated the importance of early registration and same-day registration as ways to increase participation. She stated that when North Carolina used early voting and same-day registration in the 2008 election, participation in the African-American community skyrocketed from 59% in 2004 to 72% in 2008.
 
Clarissa Martinez and Carmen Barkley continued the discussion, touching upon the barriers that Latino voters and young voters face. Martinez emphasized the need to combat suppression tactics and ensure that Latino communities are not confused with the election process. She advocated for the criminalization of deceptive practices and misinformation, which affect Latinos and recently naturalized citizens who may be unsure of how to navigate the voting process. Berkley, a campaigner for young people’s voting rights, stressed that since there are 46 million people under 29 who are eligible to vote this election, it is crucial to raise awareness and educate young people about the voting process. Many young people do not have a government issued ID or do not know the last four digits of their Social Security number, making them unqualified to vote in some states. Berkley stated that it is vital that we inform first-time voters in high school by using social media and creating online voter guides.
 
All panelists emphasized that we cannot let our legislators continue to cherry-pick who can vote by implementing suppressive laws that have proven to affect minorities and young people—a liberal-leaning demographic. The right to vote needs to be preserved, not stifled.

 

PFAW

Pennsylvania Pastors: State Supreme Court Voter ID Decision ‘Encouraging’

Philadelphia, Penn. – Pennsylvania members of People For the American Way Foundation’s African American Ministers Leadership Council cautiously praised a Pennsylvania Supreme Court decision today that could prevent a suppressive voter ID law from taking effect before November. The state Supreme Court ordered a lower court that had previously refused to block the law to reconsider that ruling, encouraging it to issue an injunction if the state cannot show that the law will not disenfranchise any voters.

“Pennsylvania’s voter ID law was intended to suppress the vote, and will have the effect if it is allowed to go forward in November,” said Rev. Michael Couch of Berachah Baptist Church in Philadelphia, a member of the African American Ministers Leadership Council. “Although I believe there was more than enough evidence for the Supreme Court to issue an injunction without this extra step, the decision to send the case back to the Commonwealth Court is tentatively encouraging. Our courts must consider the real impact this law will have on Pennsylvanians trying to vote in November.”

People For the American Way Foundation’s African American Ministers Leadership Council, 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.

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UPDATE: State legislation shines national spotlight on voter ID

"On voting rights in America, the arc of the universe has indeed been long, centuries long, from the three-fifths compromise in the Constitution to the poll tax to the literacy test. But it has always bent toward justice. These new laws seek to bend the arc backward again, to take away from people their effective right to vote."
PFAW Foundation
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