The Right to Vote

Kobach: Nonvoters Were 'Sitting In Front Of The TV All Day Talking On Their Obama Phones'

In the same radio program in which he considered the possibility that the Obama administration had opened the door to the “ethnic cleansing” of whites by Latino immigrants and called President Obama an underachieving product of “affirmative action culture,” Kansas Secretary of State Kris Kobach cited a racist meme to mock people who didn’t vote in the 2014 elections, saying that nonvoters were just “sitting in front of the TV all day talking on their Obama Phones.”

Kobach made the remarks on his Sunday radio program on Kansas City’s KCMO after taking a call from a listener who told him he had taken a bike to the polls because his truck was in the shop.

His voice dripping with sarcasm, Kobach told the listener: “Thank you so much for taking your rickety bike to vote, because I believe that your voice should be heard because you cared enough to vote. But President Obama thinks that the people who were sitting in front of the TV all day talking on their Obama Phones who didn’t vote, he speaks for those people. And I’m not saying any particular people, but I’m just saying someone who didn’t vote has an equal voice than you who actually got on your bike because you didn’t have a motor vehicle to get to the polls.”

Kobach, a former advisor to Mitt Romney and a driving force behind anti-immigrant laws and voting restrictions throughout the country, has been using his own state as a laboratory for restrictive voting laws, recently implementing a strict ID requirement that left about 20 percent of the state’s voter registration applications in limbo before election day.

Republicans Revive Bold Scheme to Rig Presidential Elections

This was originally published at The Huffington Post.

After Republicans failed to capture the White House in 2012, they dusted off a tried-and-true plan to improve their future electoral prospects. No, they wouldn't moderate their views or expand their appeal to win votes. They would just change the way that the votes are counted!

The plan: to rig the electoral college with the ultimate goal of squeaking out a Republican presidential win, even in an increasingly challenging electoral landscape.

Here's how it was supposed to work.

Before the 2010 election, Republican strategists focused energy and resources on gaining control of state legislatures, and succeeded in flipping party control of legislative chambers in blue states including Pennsylvania, Michigan and Wisconsin. This allowed Republican legislatures to draw congressional districts, gerrymandering their states to ensure future Republican gains even in states where Democrats tend to win statewide.

GOP strategists then took it a step further. What if Republicans used their control over these blue states and their favorably gerrymandered electoral maps to make it harder for Democrats to win presidential elections?

Under the Constitution, each state determines how it will distribute its electoral votes to presidential candidates. All but two states (Maine and Nebraska) have a "winner take all" system, in which the winner of the state's popular vote earns all of its electoral votes. The Republican plan would keep the "winner take all" system in big, solidly red states like Texas. But it would change it in big, blue states like Pennsylvania and Michigan, ensuring that a Democratic candidate who wins the popular vote in the state doesn't go home with all of its electoral votes.

For instance, under the plan originally proposed in Pennsylvania after the 2012 election, which would have divided the state's electoral votes up by gerrymandered congressional districts, Mitt Romney would have won 13 of the state's 20 electoral votes, despite having lost the state's popular vote. Last year, the Republican-controlled state house in the presidential swing state of Virginia put forward a plan to do something similar. If the Virginia plan had been in effect in 2012, Mitt Romney would have carried away nine of the state's 13 electoral vote, despite having lost the state's popular vote to Barack Obama.

Republican National Committee chairman Reince Priebus made the goal of the scheme clear when he endorsed it last year, saying, "I think it's something that a lot of states that have been consistently blue that are fully controlled red ought to be looking at."

The proposals in Pennsylvania and Virginia sank after groups like People For the American Way got out the word and residents realized the proposals were part of a blatant political ploy. But this month, the scheme was resurrected in Michigan, where a Republican state lawmaker is proposing his own plan to dilute the power of his state's reliably Democratic electoral college block. Under the plan introduced by Rep. Pete Lund, Michigan's electoral votes would be distributed according to a formula tied to the popular vote. It's not as blatant as the original Pennsylvania and Virginia proposals were, but it has the same goal: If it had been in effect in the last presidential election, it would have cut President Obama's electoral total in Michigan down to 12 from 16.

These plans can initially seem reasonable, even to progressives, many of whom are wary of the electoral college system. But this isn't a good-government plan to change the way our presidential elections are conducted. It's a targeted plot to get more electoral votes for Republicans, even when they're losing the popular vote. It's no coincidence that these plans have often been quietly introduced in lame duck sessions, when voters are paying less attention. These measures, if allowed to be passed quickly in a few states with little debate and attention, could have national implications and change American political history.

Voters should be allowed to pick their politicians. But this is yet another case of politicians trying to pick their voters. Like with voter suppression schemes and extreme gerrymandering, the GOP is trying to change the rules of the game for their own benefit. Voters can't let them get away with it.

PFAW

PFAW Delivers 50,000 Petitions Against Electoral College Rigging in Michigan

If you don’t like the outcome, change the rules of the game? Not so fast, PFAW members in Michigan told their elected officials today.

This afternoon PFAW delivered approximately 50,000 petitions against electoral college rigging to a meeting of the Michigan House Committee on Elections and Ethics. The proposed bill (HB 5974) would change Michigan’s process for distributing electoral votes from a winner-take-all system — the standard process in states across the nation — to a system that would split the state’s electoral votes, effectively rewriting the rules to help the GOP presidential candidate. This is a continuation of an effort we saw after the 2012 election in some traditionally blue presidential election states where Republicans control the state government. Not surprisingly, Republicans in states like Texas (38 electoral votes) are not seeking a similar change.

One representative from Grand Rapids told the Associated Press that he believes the public will see this partisan ploy “for what it is… a brazen attempt to rig the political system.”

As many Republican legislators across the country continue to support proposals making it harder for people who traditionally vote Democrat to cast a ballot, this latest push to rig elections in the GOP’s favor may come as no surprise.

But PFAW Regional Political Coordinator Scott Foval, who joined 34 Michigan PFAW members today at a meeting of the state’s House Committee on Elections and Ethics, said that Michiganders won’t stand by while the Republican Party tries to manipulate the election process. “The people are watching, and will hold you as elected representatives accountable for enacting purely partisan and undemocratic legislation,” said Foval.

PFAW

Report: In Key Races, Margin of Victory Came Close to ‘Margin of Disenfranchisement’

In 2012, People For the American Way Foundation published a memo highlighting many of the legislative and administrative tactics states were using to undermine voter participation in elections, all under trumped-up claims of “voter fraud.”

Now according to a new Brennan Center report, recently-enacted restrictive voter laws may have helped tip the scales in the 2014 midterm elections this past Tuesday. A number of states around the country have implemented restrictions to voting, including new voter ID laws, cuts to early voting, and faulty voter purges. These changes have been found to have a negative impact on low-income voters, minority communities and young voters.

As quoted in a Mother Jones article yesterday, report author Wendy Weiser pointed out, "In several key races, the margin of victory came very close to the likely margin of disenfranchisement." One example from the article:

North Carolina Senate: Republican House state speaker Thom Tillis beat incumbent Democratic Sen. Kay Hagan by 48,000 votes.

In 2013, North Carolina enacted a law—which Tillis helped write—limiting early voting and same-day registration, which the Justice Department warned would likely depress minority turnout. During the last midterms in 2010, about 200,000 North Carolinians cast their ballots during early voting days that the state's new voting law eliminated.

To read more about the attack on voters and how you can help fight back, check out The Right To Vote section on our website.
 

PFAW Foundation

How 2014's Elections Will Influence 2016's Voting Rights

Voters across the country trying to cast votes in Tuesday’s elections ran into hurdles erected by Republican legislatures, governors and secretaries of state. Along with mechanical glitches and human error — which occurred in states with leaders on both sides of the political spectrum — voters faced new laws and policies that made it harder to vote.

In Alabama, a last-minute decision by the attorney general barred people from using public housing IDs to vote. Voter ID laws in North Carolina and Texas sowed confusion. Georgia lost 40,000 voter registrations, mostly from minorities. In all, the group Election Protection reported receiving 18,000 calls on Election Day, many of them having to do with voter ID laws. The group noted that the flurry of calls represented “a nearly 40 percent increase from 13,000 calls received in 2010.”

In the presidential election year of 2016, it looks unlikely that those problems will subside — especially if Congress fails to restore the Voting Rights Act. The two states that had the closest vote tallies in the last presidential election — Florida and Ohio — will go into the presidential election year with Republicans controlling the offices of governor and secretary of state and holding majorities in their state legislatures.

In Florida, Republican Gov. Rick Scott, who won reelection yesterday, will be able to appoint a secretary of state and will enjoy the support of a veto-proof Republican majority in the state House.

In Ohio, controversial Republican Secretary of State Jon Husted won reelection on Tuesday, along with Gov. John Kasich. They’ll be able to work with a strengthened GOP majority in the state legislature.

In North Carolina, where a Republican legislature and governor have cracked down on voting rights, the GOP held onto its majority. Republican secretary of state candidates in the swing states of Colorado, Iowa and Nevada also won elections yesterday.

Two influential elections for voting rights also took place in states unlikely to be presidential swing states. Kansas Secretary of State Kris Kobach, a national ringleader for advocates of restrictive voting laws, won reelection. In Arizona, which has been working with Kansas to defend their states' respective tough voting requirements, Republican candidate Michele Reagan also won her contest.

One exception to the trend is Pennsylvania, where Republican Gov. Tom Corbett, who backed a harsh voter ID law that has since been struck down in the courts, lost to voting rights supporter Tom Wolf. Although Wolf will contend with a Republican majority in the state legislature, he will be able to appoint a secretary of the commonwealth.

True The Vote's Election Day App Undercuts Its Own Voter Fraud Conspiracy Theories

A week before Election Day, the “voter integrity” group True the Vote released a new smart phone app to empower its army of citizen detectives to report suspected incidents of voter fraud and intimidation across the country, in the hopes of creating, as True the Vote’s founder Catherine Engelbrecht put in an interview on Monday, “an archive that will finally pull the curtain back on the myth that there is no voter fraud.”

But it seems that the evidence of massive voter fraud that Engelbrecht hoped to expose failed to materialize. In the week that the app was available, users recorded only 18 incidents of election irregularities, the vast majority of which had nothing to do with True the Vote’s policy priorities.

Eight were incidents of voting machine malfunctions — a serious and persistent problem, but not the product of a voter fraud conspiracy. One was a report of the disorganization that left a number of Hartford, Connecticut, precincts missing their lists of voters.

Three reports were of suspected “voter intimidation” — one, a report of a camera in a polling place, another of an elderly woman who claimed a poll worker snatched her ballot out of her hands when she was done with it, and one from a Houston voter who was very concerned about an “African American woman” standing nearby while she voted:

Only one app user reported a suspected case of voter impersonation — the main bugaboo behind restrictive voter ID laws — an Iowan who reported getting a call about a rejected absentee ballot despite never having submitted one.

Ironically, one report to True the Vote’s app chronicled a voter’s struggle with an overly restrictive voting law that True the Vote supports. An Ohio voter reported casting a provisional ballot because they had moved since last voting. This voter would have been allowed to cast a ballot if Ohio permitted same-day voter registration, a practice that True the Vote opposes. The voter reported that a number of others in their precinct were experiencing the same problem:

It’s this voter’s experience that best represents the problems that thousands of Americans had casting votes that count yesterday. Texans struggled to present photo IDs acceptable under their state’s tough and deliberately discriminatory voting law. In North Carolina, a new restricting the precincts in which voters could cast ballots left people confused and unable to vote. In Georgia, a failure to process new voter registrations meant that many prospective voters were turned away from the polls.

Groups like True the Vote have raised the specter of widespread voter impersonation fraud in order to push for restrictive laws that make it harder for large segments of the population to vote. Their own app shows how wrong-headed they are.

Personhood Leader's Halloween Costume: Stabbed In The Back By Cory Gardner

When he launched his bid for U.S. Senate, Colorado Republican Rep. Cory Gardner dropped his previous support for his state’s radical anti-choice “personhood” amendment like a hot potato and has since been attempting to deny that he is sponsoring a similar bill at the federal level, saying that the bill does not exist.

This flip-flopping and evasion has brought Garner criticism from abortion rights advocates, but has also alienated his former allies in the “personhood” movement.

Jennifer Mason, the communications director for the Colorado-based Personhood USA, chalked up Gardner’s inconsistent stand on personhood to “bad political advice”: “Obviously [Gardner's] a victim of some bad political advice, there’s no reason for him to pull local support while he’s still 100 percent behind the federal amendment. It doesn’t make any sense.”

Then, Colorado reporter Jason Salzman wrote yesterday about a Halloween Twitter exchange he had with Keith Mason, the head of Personhood USA and Jennifer's husband, in which Mason declared that his “costume this year is a knife in my back” inscribed with Gardner’s initials:

 

Sadly, there are no pictures.

Kobach's New Rules Block 20 Percent Of Kansas Voter Registration Applications

In the run-up to the first general election in which Kansans have been required to provide one of a narrow set of “proof of citizenship” documents in order to register to vote, nearly 20 percent of voter registration applications in the state have been rejected or suspended, according to a Kansas political science professor.

University of Kansas professor Patrick Miller told Kansas City’s NPR affiliate last week that a large percentage of these suspended or rejected registrations are from independents, “essentially making the electorate more Republican”:

An even larger group than those who have had ID problems at the polls are those voters who haven’t yet proven U.S. citizenship, another provision of the new law. There are 22,468 voters whose registrations are suspended because they are lacking citizenship documentation, according to the Secretary of State’s office. That’s larger than the population of Prairie Village, a Kansas City suburb.

“This is a big change for Kansas. In 2010, we only rejected .03 percent of voter registration applications,” said Patrick Miller, a University of Kansas assistant political science professor. “Whereas in 2014, we’ve suspended or rejected almost 20 percent. That’s a massive increase.”

Of the nearly 22,468 suspended registrations, 18 percent are Democrats, nearly 23 percent are Republicans and a whopping 57 percent are independents, or unaffiliated. The new law has effectively made the electorate more partisan, Miller said.

“It’s filtering out independents, the swing voters, making proportionately the electorate more Democratic, more Republican,” Miller said. “In Kansas, the effect of this is essentially making the electorate more Republican, given that Republicans have a registration advantage here.”

The new Kansas law was championed by Republican Secretary of State Kris Kobach, who has also been in charge of implementing it. Kobach is facing his own tough reelection battle this year thanks in part to the mess created by his new voting restrictions.

Cross-posted from Right Wing Watch.

PFAW

Kobach's New Rules Block 20 Percent Of Kansas Voter Registration Applications

In the run-up to the first general election in which Kansans have been required to provide one of a narrow set of “proof of citizenship” documents in order to register to vote, nearly 20 percent of voter registration applications in the state have been rejected or suspended, according to a Kansas political science professor.

University of Kansas professor Patrick Miller told Kansas City’s NPR affiliate last week that a large percentage of these suspended or rejected registrations are from independents, “essentially making the electorate more Republican”:

An even larger group than those who have had ID problems at the polls are those voters who haven’t yet proven U.S. citizenship, another provision of the new law. There are 22,468 voters whose registrations are suspended because they are lacking citizenship documentation, according to the Secretary of State’s office. That’s larger than the population of Prairie Village, a Kansas City suburb.

“This is a big change for Kansas. In 2010, we only rejected .03 percent of voter registration applications,” said Patrick Miller, a University of Kansas assistant political science professor. “Whereas in 2014, we’ve suspended or rejected almost 20 percent. That’s a massive increase.”

Of the nearly 22,468 suspended registrations, 18 percent are Democrats, nearly 23 percent are Republicans and a whopping 57 percent are independents, or unaffiliated. The new law has effectively made the electorate more partisan, Miller said.

“It’s filtering out independents, the swing voters, making proportionately the electorate more Democratic, more Republican,” Miller said. “In Kansas, the effect of this is essentially making the electorate more Republican, given that Republicans have a registration advantage here.”

The new Kansas law was championed by Republican Secretary of State Kris Kobach, who has also been in charge of implementing it. Kobach is facing his own tough reelection battle this year thanks in part to the mess created by his new voting restrictions.

Voting For The Future Of Voting: Secretary of State Races To Watch

This post originally appeared on Right Wing Watch.

One influential issue at the ballot box this year is the future of how we cast our ballots. In secretary of state races throughout the country, voters will be choosing who runs their elections — and how open those elections are to all voters.

As Republican lawmakers continue to enact news laws aimed at curtailing the rights of voters, secretary of state elections have taken on renewed importance.

We’ve picked three key secretary of state races that we’ll be watching closely Tuesday and added a few more influential races that are also worth keeping an eye on. (And this isn’t even counting states like Florida and Pennsylvania, where the secretary of state is picked by the governor, leaving the gubernatorial elections will have even stronger voting rights implications.)

Kansas

Perhaps the hardest-fought and most-watched secretary of state race this year is taking place in the heavily Republican Kansas. And that’s all because of the national profile and extreme agenda of one man: incumbent Secretary of State Kris Kobach.

When Kobach won his job in 2010, he was already a national figure. After a stint in the Bush Justice Department, Kobach joined the Immigration Reform Law Institute (IRLI) — the legal arm of the nativist anti-immigrant group FAIR — where he worked with lawmakers to craft harsh anti-immigrant measures throughout the country, including Hazleton, Pennsylvania, and Arizona, where he helped write the infamous “show me your papers” law SB 1070. After a failed run for Congress in 2004, Kobach set his sights on his state’s elections office.

Kobach has recently gained a prominent place in national Republican politics, serving as an immigration policy adviser to Mitt Romney and working to insert anti-gay and anti-immigrant language into the 2012 GOP platform.

Kobach won his position handily in 2010, but is facing an unexpectedly tough fight to hold onto it. Part of the reason is because he’s kept up his out-of-state anti-immigrant work: He still holds a position at IRLI and jets around the country advising states and localities that have agreed to be his policy guinea pigs, prompting his critics to complain that he’s not spending enough time in Kansas. And part of it is because he’s brought his activism home, using his platform in Kansas to push some of the most extreme voting restrictions in the country by hyping fears that undocumented immigrants are voting en masse in Kansas.

In 2011, at Kobach’s urging, Kansas passed a restrictive voter ID law that included a requirement that those registering to vote provide a passport, birth certificate, or similar “proof of citizenship" to elections authorities. The proof-of-citizenship provision, which took effect this year, has thrown Kansas voter registration into chaos. Less than one week before the election, 22,394 potential Kansas voters are unable to cast ballots because they had not provided an acceptable form of citizenship documentation. In addition, Kobach has placed an estimated 300-400 voters in a special voting rights “tier” in which they can vote only in federal elections and not in state elections. Kobach has proudly reported that of the 200 people who were placed in this special class of disenfranchised voters in this summer's primary election, only one bothered to show up to cast a half vote.

Kobach is also at the helm of Interstate Crosscheck, a faulty program that claims to identify people who are voting in two states at once but in reality has encouraged states to purge eligible minority voters from their voter rolls.

Kansans became even more leery of Kobach’s priorities this year when he spent $34,000 in taxpayer money trying to keep a Democratic senate candidate, Chad Taylor, on the ballot after he dropped out to make way for the independent challenging Republican Sen. Pat Roberts. Kobach only relented when the state supreme court ordered him to, and even then he tried (unsuccessfully) to find a way around the order.

A recent poll shows Kobach tied with his Democratic challenger, Jean Schodorf.

Ohio

In the presidential swing state of Ohio, the secretary of state is often in the center of national battles over voting rights. Republican John Husted has been no exception.

In the lead-up to the 2012 election, Husted stepped in to break tie votes in Democratic-leaning Ohio counties, allowing those counties to eliminate night and weekend early voting hours... even as Republican-leaning counties expanded their early voting hours. In response to a national outcry, Husted enforced “uniformity” by requiring all counties to bring early voting opportunities down to the lowest common denominator, including cutting off night and weekend voting and eliminating early voting in the three days before the election. When a federal judge ordered Husted to reopen voting in the three days before the election, he flatly refused to comply, saying it would “confuse voters.” Eventually he relented, but as the election approached he appealed the ruling all the way to the Supreme Court.

Since the 2012 election, Husted has kept up his efforts to restrict early voting in 2014, fighting to eliminate the so-called “Golden Week” of early voting — in which voters can register and cast their ballots in one visit — and to cut early voting hours, including on Sundays, a time frequently used by African American churches for get-out-the-vote efforts.

Husted faces a Democrat state Sen. Nina Turner, a major critic of his record on voting rights. Although the two were neck-and-neck in an early poll, a recent poll shows Husted with a significant lead.

Arizona

Before Kansas ushered in its restrictive “proof of citizenship” law, Arizona was already fighting for a similar measure. In 2004, Arizona voters passed Proposition 200, a medley of anti-immigrant and voter suppression measures including a requirement that those registering to vote present one of a narrow set of documents to prove that they are citizens. The Supreme Court struck down the provision in 2013, saying that it was preempted by federal law — but left a loophole, suggesting that Arizona could sue the federal Election Assistance Commission to require that federal voter registration forms used in the state include the extra “proof of citizenship” requirement. So Arizona did just that, joined by Kansas under Kobach.

That case is still working its way through the courts, but it’s left a peculiar situation in Kansas and Arizona where Kobach and his Arizona counterpart Secretary of State Ken Bennett have set up dual-track voting systems in their states in which people who register to vote with a federal form but do not provide additional citizenship documents are allowed to vote in federal elections, but not in state elections. As we noted above, of about 200 Kansans on the special limited-rights voting track in this year’s primary election, just one voted. In Arizona, about 1,500 were put on the limited track, and 21 cast ballots.

Bennett isn’t up for reelection this year — he unsuccessfully sought the Republican nomination for governor — but the race to succeed him will determine the future implementation of Arizona’s restrictive requirements. Republican Michele Reagan sought and won Kobach’s endorsement, boasting that she voted for the infamous anti-immigrant bill that Kobach helped bring to Arizona. In the state senate, Reagan wrote a bill that, among other voting restrictions, would prevent community groups from collecting and delivering mail-in ballots, a method commonly used in voting drives by Latino groups. When an effort to repeal the bill by referendum started to gain steam, Reagan and her fellow Republicans worked to repeal it first, thus allowing the state legislature to bring back parts of the bill in a piecemeal fashion.

Reagan is facing off against Democrat Terry Goddard, a former state attorney general and mayor of Phoenix. Both candidates have said they want tighter disclosure requirements for “dark money” spending by outside groups. But when the Koch-backed 60 Plus Association bought $304,000 in ads attacking Goddard last week, she refused to distance herself from the dark money effort.

Reagan also struggled this week to explain her vote for Arizona’s so-called “birther bill,” which would have required presidential candidates to prove to the secretary of state that they are native-born American citizens.

Other States To Watch: Colorado, New Mexico, Arkansas, Iowa

In Colorado, Republican Secretary of State Scott Gessler — a key Kobach ally and crusader against the supposed scourge of Democratic “organized voter fraud” who last year tried to stop county clerks from sending ballots to voters who had not voted in the the last election — is stepping down this year, having tried and failed to get his party’s gubernatorial nomination. In the race to replace him are Republican El Paso County Clerk Wayne Williams, described by the Denver Post as Gessler’s “lone public ally” among clerks in the ballot controversy, and Democratic attorney Joe Neguse. The two differ on the sweeping elections overhaul Colorado passed last year, which allows same-day voter registration and requires the state to mail a ballot to every voter.

New Mexico’s secretary of state race has incumbent Republican Dianna Duran pitted against Bernalillo County Clerk Maggie Toulouse Oliver, a rising Democratic star. Toulouse Oliver is emphasizing “full participation across a wide spectrum of the electorate” in her campaign, while Durran is accusing her of using “community-organizer, consultant-styled rhetoric.” In a TV ad that doubles as a promotion for right-wing myths about widespread voter fraud, Durran accuses Toulous Oliver of “registering a dog to vote.” In reality, a right-wing activist tried to register his dog to try to prove a point; he was caught and Toulouse Oliver referred his case to the proper authorities.

Earlier this month, the Arkansas Supreme Court struck down the state’s voter ID requirement, a ruling that Secretary of State Mark Martin is vowing to fight. As the case worked its way through the courts, Arkansas voters got conflicting messages from elections officials under Martin’s leadership. He faces a challenge from Democrat Susan Inman.

In Iowa, outgoing Secretary of State Matt Schultz spent $150,000 in taxpayer money in a quest to root out voter fraud in Iowa…and found none. He also conducted a voter roll purge that critics called an attempt to  intimidate Latino voters.” The race to succeed him — between Republican voter ID supporter Paul Pate and Democrat Brad Anderson — is locked in a dead heat.

PFAW

Voting For The Future Of Voting: Secretary of State Races To Watch

One influential issue at the ballot box this year is the future of how we cast our ballots. In secretary of state races throughout the country, voters will be choosing who runs their elections — and how open those elections are to all voters.

As Republican lawmakers continue to enact news laws aimed at curtailing the rights of voters, secretary of state elections have taken on renewed importance.

We’ve picked three key secretary of state races that we’ll be watching closely Tuesday and added a few more influential races that are also worth keeping an eye on. (And this isn’t even counting states like Florida and Pennsylvania, where the secretary of state is picked by the governor, leaving the gubernatorial elections will have even stronger voting rights implications.)

Kansas

Perhaps the hardest-fought and most-watched secretary of state race this year is taking place in the heavily Republican Kansas. And that’s all because of the national profile and extreme agenda of one man: incumbent Secretary of State Kris Kobach.

When Kobach won his job in 2010, he was already a national figure. After a stint in the Bush Justice Department, Kobach joined the Immigration Reform Law Institute (IRLI) — the legal arm of the nativist anti-immigrant group FAIR — where he worked with lawmakers to craft harsh anti-immigrant measures throughout the country, including Hazleton, Pennsylvania, and Arizona, where he helped write the infamous “show me your papers” law SB 1070. After a failed run for Congress in 2004, Kobach set his sights on his state’s elections office.

Kobach has recently gained a prominent place in national Republican politics, serving as an immigration policy adviser to Mitt Romney and working to insert anti-gay and anti-immigrant language into the 2012 GOP platform.

Kobach won his position handily in 2010, but is facing an unexpectedly tough fight to hold onto it. Part of the reason is because he’s kept up his out-of-state anti-immigrant work: He still holds a position at IRLI and jets around the country advising states and localities that have agreed to be his policy guinea pigs, prompting his critics to complain that he’s not spending enough time in Kansas. And part of it is because he’s brought his activism home, using his platform in Kansas to push some of the most extreme voting restrictions in the country by hyping fears that undocumented immigrants are voting en masse in Kansas.

In 2011, at Kobach’s urging, Kansas passed a restrictive voter ID law that included a requirement that those registering to vote provide a passport, birth certificate, or similar “proof of citizenship" to elections authorities. The proof-of-citizenship provision, which took effect this year, has thrown Kansas voter registration into chaos. Less than one week before the election, 22,394 potential Kansas voters are unable to cast ballots because they had not provided an acceptable form of citizenship documentation. In addition, Kobach has placed an estimated 300-400 voters in a special voting rights “tier” in which they can vote only in federal elections and not in state elections. Kobach has proudly reported that of the 200 people who were placed in this special class of disenfranchised voters in this summer's primary election, only one bothered to show up to cast a half vote.

Kobach is also at the helm of Interstate Crosscheck, a faulty program that claims to identify people who are voting in two states at once but in reality has encouraged states to purge eligible minority voters from their voter rolls.

Kansans became even more leery of Kobach’s priorities this year when he spent $34,000 in taxpayer money trying to keep a Democratic senate candidate, Chad Taylor, on the ballot after he dropped out to make way for the independent challenging Republican Sen. Pat Roberts. Kobach only relented when the state supreme court ordered him to, and even then he tried (unsuccessfully) to find a way around the order.

A recent poll shows Kobach tied with his Democratic challenger, Jean Schodorf.

Ohio

In the presidential swing state of Ohio, the secretary of state is often in the center of national battles over voting rights. Republican Jon Husted has been no exception.

In the lead-up to the 2012 election, Husted stepped in to break tie votes in Democratic-leaning Ohio counties, allowing those counties to eliminate night and weekend early voting hours... even as Republican-leaning counties expanded their early voting hours. In response to a national outcry, Husted enforced “uniformity” by requiring all counties to bring early voting opportunities down to the lowest common denominator, including cutting off night and weekend voting and eliminating early voting in the three days before the election. When a federal judge ordered Husted to reopen voting in the three days before the election, he flatly refused to comply, saying it would “confuse voters.” Eventually he relented, but as the election approached he appealed the ruling all the way to the Supreme Court.

Since the 2012 election, Husted has kept up his efforts to restrict early voting in 2014, fighting to eliminate the so-called “Golden Week” of early voting — in which voters can register and cast their ballots in one visit — and to cut early voting hours, including on Sundays, a time frequently used by African American churches for get-out-the-vote efforts.

Husted faces a Democrat state Sen. Nina Turner, a major critic of his record on voting rights. Although the two were neck-and-neck in an early poll, a recent poll shows Husted with a significant lead.

Arizona

Before Kansas ushered in its restrictive “proof of citizenship” law, Arizona was already fighting for a similar measure. In 2004, Arizona voters passed Proposition 200, a medley of anti-immigrant and voter suppression measures including a requirement that those registering to vote present one of a narrow set of documents to prove that they are citizens. The Supreme Court struck down the provision in 2013, saying that it was preempted by federal law — but left a loophole, suggesting that Arizona could sue the federal Election Assistance Commission to require that federal voter registration forms used in the state include the extra “proof of citizenship” requirement. So Arizona did just that, joined by Kansas under Kobach.

That case is still working its way through the courts, but it’s left a peculiar situation in Kansas and Arizona where Kobach and his Arizona counterpart Secretary of State Ken Bennett have set up dual-track voting systems in their states in which people who register to vote with a federal form but do not provide additional citizenship documents are allowed to vote in federal elections, but not in state elections. As we noted above, of about 200 Kansans on the special limited-rights voting track in this year’s primary election, just one voted. In Arizona, about 1,500 were put on the limited track, and 21 cast ballots.

Bennett isn’t up for reelection this year — he unsuccessfully sought the Republican nomination for governor — but the race to succeed him will determine the future implementation of Arizona’s restrictive requirements. Republican Michele Reagan sought and won Kobach’s endorsement, boasting that she voted for the infamous anti-immigrant bill that Kobach helped bring to Arizona. In the state senate, Reagan wrote a bill that, among other voting restrictions, would prevent community groups from collecting and delivering mail-in ballots, a method commonly used in voting drives by Latino groups. When an effort to repeal the bill by referendum started to gain steam, Reagan and her fellow Republicans worked to repeal it first, thus allowing the state legislature to bring back parts of the bill in a piecemeal fashion.

Reagan is facing off against Democrat Terry Goddard, a former state attorney general and mayor of Phoenix. Both candidates have said they want tighter disclosure requirements for “dark money” spending by outside groups. But when the Koch-backed 60 Plus Association bought $304,000 in ads attacking Goddard last week, she refused to distance herself from the dark money effort.

Reagan also struggled this week to explain her vote for Arizona’s so-called “birther bill,” which would have required presidential candidates to prove to the secretary of state that they are native-born American citizens.

Other States To Watch: Colorado, New Mexico, Arkansas, Iowa

In Colorado, Republican Secretary of State Scott Gessler — a key Kobach ally and crusader against the supposed scourge of Democratic “organized voter fraud” who last year tried to stop county clerks from sending ballots to voters who had not voted in the the last election — is stepping down this year, having tried and failed to get his party’s gubernatorial nomination. In the race to replace him are Republican El Paso County Clerk Wayne Williams, described by the Denver Post as Gessler’s “lone public ally” among clerks in the ballot controversy, and Democratic attorney Joe Neguse. The two differ on the sweeping elections overhaul Colorado passed last year, which allows same-day voter registration and requires the state to mail a ballot to every voter.

New Mexico’s secretary of state race has incumbent Republican Dianna Duran pitted against Bernalillo County Clerk Maggie Toulouse Oliver, a rising Democratic star. Toulouse Oliver is emphasizing “full participation across a wide spectrum of the electorate” in her campaign, while Durran is accusing her of using “community-organizer, consultant-styled rhetoric.” In a TV ad that doubles as a promotion for right-wing myths about widespread voter fraud, Durran accuses Toulous Oliver of “registering a dog to vote.” In reality, a right-wing activist tried to register his dog to try to prove a point; he was caught and Toulouse Oliver referred his case to the proper authorities.

Earlier this month, the Arkansas Supreme Court struck down the state’s voter ID requirement, a ruling that Secretary of State Mark Martin is vowing to fight. As the case worked its way through the courts, Arkansas voters got conflicting messages from elections officials under Martin’s leadership. He faces a challenge from Democrat Susan Inman.

In Iowa, outgoing Secretary of State Matt Schultz spent $150,000 in taxpayer money in a quest to root out voter fraud in Iowa…and found none. He also conducted a voter roll purge that critics called an attempt to  intimidate Latino voters.” The race to succeed him — between Republican voter ID supporter Paul Pate and Democrat Brad Anderson — is locked in a dead heat.

PFAW’s Dolores Huerta Energizes Latino Voters in Colorado and Georgia

With Election Day rapidly approaching, get-out-the-vote outreach is heating up in key states across the country. This week, civil rights legend and PFAW board member Dolores Huerta is busy getting out the vote. She’s on the ground with PFAW staff energizing Latino voters in two critical midterm states: Colorado and Georgia.

Yesterday Huerta spoke at two kick-off events in Colorado for local canvassers going door-to-door to get out the vote. The first event, hosted by NextGen Climate Colorado and PFAW, drew scores of enthusiastic canvassers ready to talk to voters about pressing environmental issues and turn people out to the polls.

Later in the day, she met with Latino volunteers and canvassers gearing up to do voter turnout work in their communities – critical work in a state where the Senate race is tight and every vote counts.

Today Huerta has headed to Georgia with other members of the PFAW team to meet with more local organizers, speak at a rally, and encourage local residents to cast their ballots on Tuesday.

As Huerta said yesterday:

The Latino vote can decide the election, as we have done in other states. We need to elect people who are going to protect us – to protect our health, our safety, and work to pass immigration reform. It’s up to each one of us. We need to contact our friends and families to make sure they vote.

Indeed, Latino voters may prove to be decisive in a number of tight races. In both Colorado and Georgia, as well as in four other states with close Senate races, the Latino portion of the electorate is larger than the polling margin between the candidates. PFAW will continue to be on the ground in these states, working to ensure that Latino voters are informed, engaged, and ready to cast a vote on Election Day.
 

PFAW

Getting Out the Youth Vote in the Midterms

With elections for tight races all across the country just a few days away, People For the American Way Foundation’s Young People For (YP4) program is pulling out all the stops to help young voters get to the polls and cast their vote this November 4.

As overreaching new voter ID laws threaten to stifle the voices of Americans in a number of states, getting out the vote has never been more critical. YP4 Fellows and alumni have been working hard to ensure that students, people of color, women and other underrepresented communities get their equal say in our democratic system. Our 25 YP4 Vote Organizers are spread across the country in 15 states, working to conduct community outreach, voter engagement, and volunteer recruitment to help mobilize their communities to vote.

Throughout this year, YP4 activists have also advocated for resolutions to enfranchise student voters and increased the number of young registered voters by over 2,000 through dozens of trainings and events.

YP4 has dedicated itself this election cycle to helping young leaders make informed and motivated voters out of those who are routinely overlooked by politicians. In a year in which some lawmakers have sought to discourage voter turnout, campaigns like YP4’s ARRIVE WITH 5 initiative, which encourages voters to bring five or more friends to the polls, help shape a government that actually represents the governed.

The midterm election is no time to stay at home. In a campaign season of extremely narrow races, each and every vote has an impact. We can only make our democracy work for everyone when all Americans are encouraged to engage in civic life and realize what a real difference their voices can make.

PFAW Foundation

John Roberts, Calling Strikes and Strikes

Allowing Texas to enforce a voter ID law found to be intentionally discriminatory suggests the "umpire" takes sides.
PFAW Foundation

Judicial Watch's Farrell: Obama And Latino Groups 'Coordinated' Unaccompanied Minors Crisis

In an interview with Newsmax’s Steve Malzberg yesterday, Judicial Watch “investigator” Chris Farrell claimed that the crisis of unaccompanied Central American children fleeing to the southern U.S. border was a “manufactured crisis” that was “coordinated and prompted” by advocacy groups like the National Council of La Raza in concert with the Obama administration.

Citing the fact that the Obama administration had advance warning of the escalating humanitarian crisis, Farrell suggested that the administration in fact orchestrated it with the help of immigrants’ rights groups.

“My personal opinion is that this was all coordinated and prompted by groups like La Raza going down to Honduras and Guatemala and essentially organizing and promoting this,” he said.

“This wasn't just spontaneous combustion,” he continued. “This was an effort, a thought-out plan.”

Right Quietly Pours Money Into Montana, Hoping To 'Flip' Pivotal State Supreme Court

Conservative legal advocates from throughout the country have been quietly pouring money into a Montana state supreme court race, hoping to topple a court majority that has bucked the U.S. Supreme Court on campaign finance issues and could soon have a voice in cases with national implications involving abortion rights and LGBT equality.

The Right’s chosen candidate is Lawrence VanDyke, a former state solicitor general with a perfect pedigree for pro-corporate and Religious Right donors. Not only has VanDyke indicated his support for the U.S. Supreme Court’s dismantling of campaign finance laws and lamented that the current Montana high court is insufficiently “pro-business,” but, in his position as solicitor general, steered the state government toward taking positions against abortion rights, marriage equality and gun restrictions in other states.

What's more, in his writings as a law student, VanDyke was unguarded in his social conservative views, fretting about same-sex marriage, endorsing discredited “ex-gay” therapy and defending the teaching of anti-scientific “Intelligent Design” in public schools.

The Right Sees An Opportunity In Montana

At last month’s Values Voter Summit in Washington, the Family Research Council’s political action committee hosted a private $100-a-head reception featuring conservative luminaries including Rick Santorum, Louisiana Gov. Bobby Jindal, GOP congressmen Steve King, Vicky Hartzler and Mark Meadows, and congressional candidate Dave Brat of Virginia, who unseated former House Majority Leader Eric Cantor in an upset primary election this year.

A flyer for the event announced that along with those national Republican politicians, FRC would be “showcasing a very important State Supreme Court candidate, Lawrence VanDyke of Montana, who we hope can flip the court in that state.”

VanDyke’s presence on the fundraiser’s roster was telling. As FRC’s flyer made clear, a VanDyke victory would change the ideological balance on a court that has been a thorn in the side of opponents of campaign finance reform and could soon be facing nationally watched cases on abortion rights and marriage equality.

VanDyke has not yet submitted a campaign finance report showing how much money, if any, FRC was able to bundle for him at the fundraiser, and his campaign did not respond to our inquiry about whether he was personally present at the Values Voter event. But a review of VanDyke’s campaign finance reports shows that his candidacy has attracted keen interest from out-of-state donors, including some of the country’s leading conservative legal activists.

[UPDATE: VanDyke's Oct. 20 fundraising report revealed some of the contributions from FRC and its allies.]

Since filing for the race to unseat sitting Supreme Court Justice Mike Wheat in March, VanDyke has raised about $78,000, more than one-third of which — roughly $29,000 — has come from 114 individual out-of-state donors. By contrast, Wheat has raised just under $85,000 for his reelection bid, only $1,100 of which came from just five out-of-state donors.

Among those who have contributed to VanDyke’s campaign are recognizable names in conservative legal circles. Kelly Shackelford, president of the right-wing legal group Liberty Institute (a major sponsor of the Values Voter Summit) contributed $100, while another top Liberty Institute official, Hiram Sasser, gave $320, the maximum gift allowable as of VanDyke's last fundraising report. Carrie Severino, chief counsel of the Judicial Crisis Network and a Harvard Law School classmate of VanDyke’s, and her husband Roger also each maxed out with $320 contributions. Thomas Spence, an official at the conservative Regnery publishing house also sent the maximum contribution to VanDyke’s campaign. Two employees of the Arizona-based Alliance Defending Freedom have together contributed $370. Christopher Murray, a lawyer who served on Mitt Romney’s presidential campaign, also contributed $320.

Nearly $7,000 of VanDyke’s contributions have come from employees of the law firm Gibson Dunn, where Vandyke worked before entering public service. That includes $320 each from Theodore Olson, the conservative attorney argued the Citizens United case (but who has become better known as a marriage equality advocate), and controversial Bush appeals court nominee Miguel Estrada. VanDyke’s campaign also received $320 each from Eugene Scalia — the son of Supreme Court Justice Antonin Scalia and a Wall Street reform-buster in his own right — and his wife.

Montana’s Cowgirl Blog notes that prominent Montana social conservatives Greg and Susan Gianforte — who fund creationist efforts and support anti-gay policies — have also each contributed the maximum amount to VanDyke’s campaign. He has also received the maximum contribution from the Montana Gas & Oil PAC and — in the form of an in-kind gift of catering — from the PAC’s treasurer, Dave Galt.

Cowgirl Blog also notes that VanDyke got a major assist last month from a newly created group called Montanans for a Fair Judiciary, which sent a statewide mailer in favor of his candidacy. The group, which was registered last month, is staffed by a former Montana GOP official and a corporate lobbyist for oil and gas clients, among others.

And just last week, a Washington, D.C.-based group called the Republican State Leadership Committee Judicial Fairness Montana PAC — an offshoot a national group funded by big business interests including the Reynolds tobacco company and Koch Industries — bought $110,000 worth of television ads supporting VanDyke and slamming Wheat as soft on crime. The group has also been mailing out leaflets accusing Wheat of siding with “environmental extremists.”

All of this attention from national activists and corporate backers has caught the attention of a group of six retired Montana Supreme Court justices, who signed a letter last week calling VanDyke an “unqualified corporate lawyer,” adding, "Given [his] background, Mr. VanDyke is an excellent corporate pick although that is obviously not good news for Montanans.”

MTN News reported:

The letter from the judges notes that VanDyke has received the maximum allowable campaign contributions from numerous out-of-state lawyers who represent major corporations, including more than 20 at the Gibson firm - including at least one who represented Citizens United.

"Corporations are buying judicial races because they want judges who will not hold them accountable," the draft letter from the retired justices says. "If the disinformation they are spreading successfully manipulates Montanans into electing an unqualified corporate lawyer, we will lose our fair and impartial court."

‘Changing The Face of the Montana Supreme Court’

While VanDyke’s personal connections seem to behind quite a bit of his financial support from out-of-state conservative leaders, his featured spot at the Values Voter Summit hints that the conservative legal movement and the Religious Right see an opportunity in his candidacy.

Montana conservatives have made no secret of their desire to pack the state Supreme Court with justices in their ideological mold. Last year, the Great Falls Tribune published leaked emails between conservative Republicans in the state senate discussing a “long term strategy” for displacing more moderate Republicans in the state legislature and “changing the face of the Montana Supreme Court.”

One lawmaker wrote of the need to “purge” the party of moderates, after which “a new phoenix will rise from the ashes.”

In 2012, Montana conservatives were able to elect the likeminded Laurie McKinnon to the state Supreme Court thanks in part to a dark money group called the “Montana Growth Network” run by a Republican state senator that spent at least $42,000 on her campaign — more than the candidate spent herself. The “Montanans for a Fair Judiciary” group that has been campaigning for VanDyke is linked to the firm that was employed by the “Montana Growth Network” to boost McKinnon.

National conservative groups have good reason to take an interest in the race as well.

Montana’s Supreme Court gained national attention in 2011 when it bucked the U.S. Supreme Court on the issue of campaign finance regulation, ruling that the Supreme Court’s 2010 decision in Citizens United did not invalidate Montana’s century-old ban on corporate spending in elections. The 5-2 decision, in which Justice Wheat joined the majority, openly defied the Supreme Court’s controversial ruling. One of the two dissenting justices wrote that the state court must follow the high court’s precedent but used the opportunity to excoriate the Supreme Court for its Citizens United logic. On appeal, the Supreme Court summarily reversed Montana’s opinion, ending the state’s corporate spending ban.

Montana’s Supreme Court may soon also be in the center of the legal debates on same-sex marriage and abortion rights. State anti-choice groups have indicated that they might challenge Montana’s abortion clinic buffer-zone bill in the wake of the Supreme Court’s striking down of a similar bill in Massachusetts. In addition, marriage equality cases are working their way through both state and federal courts in Montana.

A Movement Candidate

Although Montana’s judicial elections are ostensibly nonpartisan, VanDyke’s resume makes him seemingly a perfect candidate for conservative activists hoping to drag the state's high court to the right. At Harvard Law School, VanDyke was active in the conservative Federalist Society and wrote an article for the school’s law review favorably reviewing a book arguing for allowing public schools to teach anti-scientific Intelligent Design.

In an article for another school publication, VanDyke lamented that courts in Canada had been “forcing same-sex marriage on the populace” and warned of a “trend of intolerance towards religion as homosexual ‘rights’ become legally entrenched.” In the same article, he cited a study supporting debunked “ex-gay” therapy to support the “view that homosexuals can leave the homosexual lifestyle.” (The author of that study has since recanted.)

After graduating from law school, VanDyke clerked for D.C. Circuit Judge Janice Rogers Brown, perhaps the most stridently conservative of that court’s activist pro-corporate wing, known for her extreme opposition to government regulation and her writing of a prequel to the Supreme Court’s Hobby Lobby decision. After a stint at Gibson Dunn, VanDyke became an assistant solicitor general in Texas and was named solicitor general of Montana early last year.

In public statements, VanDyke has indicated that he would have sided with the U.S. Supreme Court on Citizens United, defending the decision in a debate last month. And although his race is officially nonpartisan, VanDyke has made it very clear which side of the aisle he falls on, accusing his opponent of judging “like a liberal Democrat” and being “results-oriented” in his rulings — a loaded accusation favored by conservative activists.

VanDyke has also hinted that he would be more favorable to business interests on the court, touting an endorsement from the Montana Chamber of Commerce and saying, “I don’t think anybody who follows our court thinks it’s a pro-business court.” On his website, he backs efforts to “produce and preserve” natural resources, which he contrasts with his opponent's siding with preservationists in a dispute over drilling gas wells. In September, he spoke at a “Coal Appreciation Day” sponsored by a coal industry group.

VanDyke’s website also touts his support for the death penalty and an expansive interpretation of the Second Amendment, noting his work as state solicitor general defending a bill that would have invalidated federal firearms regulations on weapons manufactured and kept in Montana. (The law was ultimately struck down in federal court). In that position, VanDyke also pushed for Montana signing on to Alabama briefs in favor of overturning semiautomatic weapon bans in New York and Connecticut. At the time, he bantered over email with Alabama’s solicitor general, Andrew Brasher, about shooting elk with semi-automatic firearms, attaching a picture of himself hunting with “the same gun used by the Navy Seals.”

Ultimately, Montana signed on to both briefs, and VanDyke evidently made a useful connection as well: This year, Brasher contributed the maximum amount to his Supreme Court campaign.

VanDyke recently announced that he had been endorsed by the National Rifle Association.

In his role as solicitor general, VanDyke also worked on efforts to oppose same-sex marriage and abortion rights, including signing on to amicus briefs filed in other states.

VanDyke, meanwhile, is running on the message that he will follow “the law, not politics” and accusing Justice Wheat of being overly partisan. In the same interview in which he lamented that the current state supreme court was unfavorable to business interests, he said, “I have not promised anybody that I’m going to be a pro-business judge or that I’m going to be a conservative judge...I’m going to be a fair and balanced judge.”

Judicial Elections Draw More And More Big Money

Last year, Justice at Stake reported on the fast increase of spending in judicial elections, leading to judicial races seeming “alarmingly indistinguishable from ordinary political campaigns” and blurring “the boundaries that keep money and political pressure from interfering with the rule of law.”

Part of this increase was attributable to the 2010 Citizens United decision, which allowed outside groups to spend unlimited amounts supporting and opposing candidates. In the case of judicial elections, those candidates could be the ones deciding on the future of that very campaign spending.

It’s no wonder that the corporate right and the Religious Right have joined forces to back VanDyke’s candidacy. A little-noticed nonpartisan race in Montana could prove to be an effective long-term investment for a movement that’s trying to solidify a pro-corporate grip on the courts and win back lost legal ground abortion rights and LGBT equality.

This post has been updated to clarify the status of marriage equality cases in Montana.

Fifth Circuit's Voter ID Decision Shows the Attitude of Bush's Judges

What is the public interest in enforcing a voting law that was found to have been passed with the intent to discriminate?
PFAW Foundation

Nothing To See Here: The Alternate Reality Of Voter-Suppression Advocates

It’s been a rough few days for voter-ID proponents. On Thursday, the nonpartisan Government Accountability Office came out with a report showing that restrictive photo-ID measures had depressed turnout in Tennessee and Kansas, especially among young people and African Americans. The same day, the Supreme Court blocked the implementation of a photo-ID law in Wisconsin that voting rights advocates said there was not enough time to implement before the election and a federal judge in Texas struck down that state’s restrictive law, citing its impact on minority voters and calling it an “unconstitutional poll tax.”

Then, the next day, renowned conservative 7th Circuit judge Richard Posner requested a full-court rehearing of the challenge to Wisconsin’s law, in the process offering a blistering takedown of the voter-ID crowd’s arguments. "There is only one motivation for imposing burdens on voting that are ostensibly designed to discourage voter-impersonation fraud, and that is to discourage voting by persons likely to vote against the party responsible for imposing the burdens,” he wrote. He added a special dig at the advocacy group True the Vote, calling some of their supposed evidence of voter-impersonation fraud “goofy” and “paranoid.”

Then, just today, University of Delaware researchers came out with a study showing that support for voter ID laws among whites jumps when they are shown a picture of a black person voting.

All of which made a Heritage Foundation panel today called “Keeping Elections Honest” seem like it was taking place in an alternate reality, one in which the extremely rare voter-impersonation fraud is in fact rampant and in which laws making it more difficult to vote do not have negative effects.

The Heritage discussion featured some of the nation’s top proponents of voter suppression measures, including Heritage’s Hans von Spakovsky, Kansas Secretary of State Kris Kobach (the brains behind anti-immigrant and voter suppression measures around the country), Kobach’s Colorado counterpart Scott Gessler and True the Vote’s Catherine Engelbrecht.

Kobach spent part of his presentation attempting to refute the GAO study, but the court rulings went mostly unmentioned.

This alternate reality was perhaps most stark when, during a question-and-answer session, a reporter asked Kobach about the two-tiered voting system he’s instituted in Kansas for the coming election. Kobach and Arizona Secretary of State Ken Bennett are in the process of suing the Election Assistance Commission to include a more restrictive “proof of citizenship” requirement on the federal voter registration forms it uses in those two states. In the meantime, Kansas and Arizona are allowing people who register using the federal form without providing additional documentation to vote…but only in federal elections. (Votes those people cast in state-level elections won’t be counted.)

About 1,500 Arizonans and 200 Kansans were put in this special federal-only voting tier in the primary.

Kobach, far from seeming concerned about this state of affairs, proudly reported that of the 200 Kansans to whom he gave special limited voting rights, only one bothered to show up at the polls.

In the primary on August 5, we had fewer than 200 total voters in the state who had registered using the federal form and had not provided photo ID. Using that number, we then created a sort of federal-elections-only voter roll, if you will, so a roll in addition to the main voter roll. And it didn’t include all of the 105 counties, it included a minority of the counties. And then those people, when they showed up, they were to be given a provisional ballot and told that they would be — actually it would occur on the back end, even if the poll worker didn’t know that that’s why they were being given a provisional ballot, the county canvas would count only the federal elections on the ballot.

So anyway, to answer your question, we are going to be doing a count, a final count – our registration actually closes today, this is the final day to register in Kansas – as soon as it closes, we’ll have a final count. My guess is it probably will be in the range of maybe 300-400, we’ll know soon what that number is, for the whole state. And by the way, of those fewer than 200 people— if memory serves, it was like 186 or something like that — only one actually showed up to vote out of that entire number. So, we’ll see what the number is. So the numbers are actually pretty small and pretty manageable right now and we’re hopeful that we’ll get a decision that will be a favorable one and then we won’t have to maintain a separate, federal-elections-only list.

At no point in the discussion did anyone mention the thousands of Kansans who currently have no right to vote in any kind of election because they haven’t been able to produce one of the few kinds of citizenship documentation required by the new state voter registration form.

PFAW's 2014 Federal Candidate Endorsements

Arizona | California | Colorado | Florida | Hawaii | Iowa | Maine | Michigan | Minnesota | New Hampshire | New York | Oregon | South Dakota | Virginia | Wisconsin

ARIZONA

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Ruben Gallego, running for Congress in Arizona’s 7th District – Former State Rep. Ruben Gallego is running for retiring 11-term Congressman Ed Pastor’s seat. Gallego convincingly won his primary on a strong progressive platform. He is a young and rising Latino progressive and we are excited he is heading to Congress.

www.GallegoForArizona.com

CALIFORNIA

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Pete Aguilar, running for Congress in California’s 31st District – Aguilar is running for the open seat being vacated by Rep. Garry Miller. Aguilar is a young and experienced progressive, who has served as Mayor of Redland, California since 2010. Before being elected as Mayor, Aguilar served in Redland’s City Council. As the son of a union worker in a working-class family in San Bernardino, Aguilar is a strong supporter of worker’s rights, fair wages, and is committed to taking his progressive values to Congress.

www.PeteAguilar.com

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Congressman Mike Honda, running for re-election in California’s 17th District – Rep. Honda is a veteran progressive leader in Congress on many issues, including education, immigration and civil rights. He holds leadership positions in both the Congressional Progressive Caucus and the LGBT Equality caucus.  He also founded and chairs the Congressional Anti-Bullying Caucus, working on legislation like the Student Non-Discrimination Act.

www.MikeHonda.com

honda

Amanda Renteria, running for Congress in California’s 21st District – Renteria is challenging freshman Republican David Valadao for this seat. She is a strong supporter of LGBT and women’s rights and will fight for worker protections and fair wages. In 2008, she became the first Latina Chief-of-Staff in Senate history, serving Senator Debbie Stabenow. Her opponent, David Valadao, has voted 75% of the time with the Tea Party, including voting to privatize Medicare.

www.AmandaRenteria.com

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State Senator Ted Lieu, running for Congress in California’s 33rd District – Senator Lieu is running for the open seat vacated by retiring Congressman Henry Waxman. Throughout his political career, Lieu has shown strong leadership on many progressive issues, including working on legislation to protect victims of domestic violence, ban gay conversion "therapy", and get money out of politics. Senator Lieu is a Lieutenant Colonel in the Air Force reserves.

www.TedLieu.com/

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Congressman Mark Takano, running for re-election in California’s 41st District – Rep. Takano made history in 2012, becoming the first LGBT person of color to be elected to Congress. He is a leader for progressive values in Congress, including advancing legislation to help our veterans and improve public education.

www.MarkTakano.com/

COLORADO

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Senator Mark Udall, running for re-election, Colorado –When Mark Udall was elected in 2008, the newly minted senator took office as the country was dealing with the after effects of the Bush administration. Udall took his responsibility seriously, working to bring what he calls “Colorado common sense” to Washington. As a senator, he has been a key leader in the fight to end the Pentagon’s Don’t Ask Don’t Tell policy, the DREAM Act, and has called for immigration reform.

www.MarkUdall.com

FLORIDA

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Congressman Alan Grayson, running for re-election in Florida’s 9th District – Rep. Grayson is a progressive champion in the U.S. House of Representatives and has been referenced as being one the “most effective Congressman” by Slate.com. He is a member and the former Vice-Chairman of the Congressional Progressive Caucus.

www.GraysonForCongress.com

HAWAII

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Congresswoman Tulsi Gabbard, running for re-election in Hawaii’s 2nd District – Since joining Congress in 2012, Rep. Gabbard has fought hard for working families. She is a strong critic of money in politics, co-sponsoring a resolution that would amend the U.S. constitution to regulate campaign spending. She is a member of the Young Elected Officials Network, a program of our affiliate, People for the American Way Foundation.

www.VoteTulsi.com

IOWA

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Staci Appel, running for Congress in Iowa's 3rd District – Appel is running for the open seat being vacated by Republican Incumbent Tom Latham. As a state Senator and Assistant Senate Majority Leader from 2006-2010, Appel showed strong progressive values as a state senator. If elected, Appel would become Iowa’s first female member of Congress. As a Congresswoman Appel, will work to protect women’s health care, the environment, and the middle class.

www.AppelForIowa.com

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Congressman Bruce Braley, running for U.S. Senate, Iowa – Congressman Bruce Braley currently represents Iowa’s 1st Congressional District in the U.S. House of Representatives, and is running for the open U.S. Senate seat currently held by his mentor, retiring U.S. Senator Tom Harkin. He established himself as a populist progressive, fighting for working Iowans, veterans, students, and seniors. Braley’s work on women’s issues includes voting for the Lilly Ledbetter Fair Pay Act, support of the Paycheck Fairness Act, and working to pass the renewal of the Violence Against Women Act.

www.BruceBraley.com

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State Representative Pat Murphy, Running for Congress in Iowa’s 1st District – Pat Murphy is running to succeed Congressman Bruce Braley, who is running for U.S. Senate. Murphy has established a progressive voting record while serving as a state legislator and is known as a tough progressive fighter for issues including fair wages, and LGBT and women’s rights. His opponent, Rod Blum, is not shy about his extreme conservative values, including legislation that allows hospitals to legally deny abortion services to a woman in a life-threatening situation.

www.PatMurphyForIowa.com

MAINE

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Shenna Bellows, running for U.S. Senate, Maine – Shenna Bellows is challenging GOP Senator Susan Collins to represent Maine in the U.S. Senate. The former executive director of ACLU of Maine and graduate of Emerge Maine’s candidate program, has been an outspoken advocate for LGBTQ equality and against ‘dark money’ in politics. While serving ACLU of Maine, she built bipartisan coalitions to advance privacy and civil rights legislation, establishing Maine as a national leader in these policies.

www.BellowsForSenate.com

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State Senator Emily Cain, running for Congress in Maine’s 2nd District – As Maine’s youngest state House Democratic Leader, Emily Cain, a member of affiliate PFAW Foundation’s Young Elected Officials Network, has established herself as a strong advocate for women and leader for expanding educational opportunities for all Mainers. She stands strong on these issues in her bid to replace Mike Michaud in Maine’s 2nd Congressional District.

www.CainForCongress.com

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Congresswoman Chellie Pingree, running for re-election in Maine’s 1st District – Rep. Pingree is a stalwart progressive. The former National President and CEO of Common Cause is a strong supporter of campaign finance reform to get money out of politics and a leader on many other progressive issues, including leading the debate on the Lilly Ledbetter Fair Pay Act.

www.ChelliePingree.org

MICHIGAN

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Congressman Gary Peters, running for U.S. Senate, Michigan – Congressman Gary Peters currently represents Michigan’s 14th Congressional District and is running for the seat of retiring Senator Carl Levin. He is well known around the state for his outspoken criticism of GOP Tea Party Governor Rick Snyder’s austerity measures. In Washington and at home, Rep. Peters has continued to promote the rebuilding of Detroit and has fought to return advanced manufacturing jobs to Michigan.

www.PetersForMichigan.com

MINNESOTA

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Senator Al Franken, running for re-election, Minnesota – Senator Franken is an outspoken critic of big money in politics, criticizing the U.S. Supreme Court’s Citizen United and McCutcheon decisions. A stalwart defender of women’s equality, he has criticized the Hobby Lobby decision, even co-sponsoring legislation with fellow Minnesota Senator Amy Klobuchar to override the judgment’s effects.

www.AlFranken.com

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Congressman Rick Nolan, running for re-election in Minnesota’s 8th District – After serving in Congress for 6 years between 1975 and 1981, the freshman Congressman has made a comeback and is again standing up against the right-wing agenda. Rep. Nolan is a vocal critic of money in politics and strongly supports public education and worker’s rights.

www.NolanForCongress.org

NEW HAMPSHIRE

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Senator Jeanne Shaheen, running for re-election, New Hampshire – Senator Shaheen has been an active leader in Congress since assuming office in 2009. Shaheen has championed legislation to advance women’s and LGBTQ rights, including the Shaheen Amendment and the Charlie Morgan Military Spouses Equal Treatment Act. Her challenger, former Massachusetts Senator Scott Brown, has a long record of putting Wall Street ahead the American middle class.

www.JeanneShaheen.com

NEW YORK

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Martha Robertson, running for Congress in New York’s 23rd District – Martha Robertson is challenging two-term incumbent Rep. Tom Reed in NY’s 23rd Congressional district. Robertson has been a member of the Tompkins County Legislature since 2002, serving as chair from 2010 to 2013. She is a strong supporter of core progressive issues, including women’s rights, marriage equality and, amending the constitution to get money out of politics.

www.MarthaForNY.com/

OREGON

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Senator Jeff Merkley, running for re-election, Oregon – Since being elected in 2008, Senator Merkley has worked to give Oregonians a fair shot at sustainable energy jobs, protection from Wall Street bankers, and access to quality health care. Senator Merkley worked to strengthen the Wall Street Reform and Consumer Protection Act limiting risky trading by Wall Street banks. He championed a program to drastically reduce the nation’s dependence on fossil fuels, and played a key role in passing the Affordable Care Act.

www.JeffMerkley.com

SOUTH DAKOTA

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Rick Weiland, running for U.S. Senate, South Dakota – Rick Weiland is running to win the open seat being vacated by retiring Senator Tim Johnson. He is an outspoken critic of money in politics and would fight for a more robust Affordable Care Act. He believes strongly in raising the minimum wage. Weiland is a fifth generation South Dakotan.

www.RickWeiland.com

VIRGINIA

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John Foust, running for Congress in Virginia’s 10th District – Foust is running for retiring Congressman Frank Wolf’s seat in northern Virginia. Since joining the Fairfax County Board of Supervisors, he has earned the trust and respect of his constituents by leading on issues that improve the lives of northern Virginia residents. He is a strong supporter of workers’ rights, immigration reform, and marriage equality. His opponent, Barbara Comstock, is a long-time Republican operative who recently suggested immigrants should be tracked like FedEx packages.

www.FoustForVirginia.com

WISCONSIN

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Congresswoman Gwen Moore, running for re-election in Wisconsin’s 4th District – Rep. Moore became the first African-American woman (and second woman) to represent Wisconsin in Congress when she was elected in 2004. She currently serves as Co-Chair of the Congressional Women’s Caucus and is a member of the Congressional Progressive and LGBT Equality Caucuses. While in Congress, Rep. Moore has championed progressive causes including working on legislation to advance women’s rights and opportunities, children, and low-income communities.

www.GwenMooreForCongress.com

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Congressman Mark Pocan, running for re-election in Wisconsin’s 2nd District – The freshman Representative from Wisconsin started his career with a bang, introducing a Constitutional amendment to protect the right to vote only five months into his term. Rep. Pocan has also been a leader on corporate accountability legislation and student loan reforms. He is Co-Chair of the LGBT Equality Caucus and a member of the Congressional Progressive Caucus.

www.PocanForCongress.com

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Kelly Westlund, running for Congress in Wisconsin’s 7th District – A member of affiliate PFAW Foundation’s Young Elected Officials Network, Kelly Westlund has taken on a tough fight against right-wing Tea Party GOP Rep. Sean Duffy. Westlund has been vocal on big money’s influence in state politics, mining deregulation, and has drawn significant fire from right-wing interest groups for her progressive positions on economic equality and fair pay.

www.KellyWestlund.com

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Rob Zerban, running for Congress in Wisconsin’s 1st District – Zerban is challenging right-wing House Budget Committee Chairman and 2012 Vice-Presidential hopeful Rep. Paul Ryan for the second time. He is a long-time activist for the environment and believes in an environmentally sustainable economy that strengthens the middle class. Zerban is also a strong advocate for full equality for all Americans, including members of the LGBT community.

www.RobZerban.com

 

Texas Judge Could Teach the Roberts Court a Thing or Two

A Texas federal judge strikes down that state's restrictive voter ID law as intentionally discriminatory.
PFAW Foundation
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