The Right to Vote

Kris Kobach: If People Have Trouble Registering To Vote, It's Their Own Fault

Kris Kobach is the brains behind some of the most notorious voter suppression and anti-immigrant measures in the country. He also has a day job as the secretary of state of Kansas. That’s why we’ve been closely following Kobach’s attempts to implement one of the nation’s strictest voter ID law in his own state — it offers a glimpse into what voter-suppression advocates would like to see throughout the country, and what voting rights proponents fear.

This year, Kobach is implementing for the first time a law that he encouraged the state legislature to pass in 2011 that requires Kansans to present one of a narrow set of proof-of-citizenship documents (such as a birth certificate or naturalization certificate) in order to register to vote.

So far, it’s been an unqualified mess. Two weeks before the state’s primary election, 19,000 Kansas voters still have incomplete registrations. On top of that, Kobach has implemented a two-track voting system so that people who fill out a federal voter registration form but don’t provide the extra citizenship documents are allowed to vote only in federal elections. Even voters who dig up the correct documentation and follow the instructions laid out by Kobach’s office have reported problems with getting that information to elections officials.

The debacle has drawn Kobach a Republican primary challenger, Scott Morgan, who has criticized the secretary of state for the voter-registration disaster and for the large amount of time he spends working on his pet projects in other states.

Last weekend, Kobach and Morgan held a debate, at which Kobach once again repeated his philosophy that if 19,000 Kansans aren’t finished with his byzantine voter-registration process, it’s just because they’re procrastinators who don’t care enough to vote anyway.

“They aren’t being prevented from anything,” he said of the 19,000 people whose voter registrations are on hold. “They’re simply not yet completing the process.”

In the three years after Arizona passed a similar law in 2004, 30,000 people were turned away from the polls.

Judicial Watch Claims Voting Rights Suit Is Plot To Legalize Non-Citizen Voting

The right-wing group Judicial Watch has filed an amicus brief in support of Kansas and Arizona’s effort to add an extra, burdensome proof of citizenship requirement to federal voter registration forms in their states. A new law requiring citizenship documents to register has created a huge mess in Kansas, where tens of thousands of residents have been left with incomplete registrations and Secretary of State Kris Kobach has instituted a two-tiered voting system allowing some people to vote in federal elections but not state elections.

The Election Assistance Commission has been fighting Kobach’s effort to expand his law to federal forms, noting that his extra proof-of-citizenship requirement would deter far more eligible voters than the tiny number of illegal votes it would prevent. (The EAC’s filing to the Tenth Circuit notes that Kansas claims to have found 21 cases of noncitizens registering or attempting to register to vote in the state, although the EAC implies that the actual number is even lower. Meanwhile, 18,000 citizens have had their registrations suspended thanks to the new law.)

In an op-ed for Brietbart News today, Judicial Watch president Tom Fitton argues that the Obama administration is fighting Kobach’s effort not because they want to protect voting rights, but as part of a sneaky plot to legalize noncitizen voting in all federal elections.

Fitton, of course, ties this to the influx of Central American children fleeing to the U.S. border, echoing Louie Gohmert’s claim that the president will encourage the refugee children to commit voter fraud. 

One of the many negative downstream consequences of illegal aliens flooding across the border is the increased possibility of voter fraud. Obama and his leftist allies are committed to thwarting any effort by states to protect the integrity of the voting process that would prevent illegal aliens and other ineligible individuals from voting.

As CIS points out, every single state in the United States legally bars non-citizens from voting in national or state elections. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996, signed into law by President Clinton, made it a crime for any non-citizen to vote in a federal election.

This is a fact so basic and so well-documented, says CIS, that 94% of fourth graders tested on the question of whether or not non-citizens could vote got the question correct.

So why are leftists inside the Obama administration in the bottom 6% of a fourth grade class? It’s certainly not because they don’t understand the law. They understand it perfectly well. It’s because they don’t agree with the law, want to change it, and know they would not have a snowball’s chance in you-know-where driving that kind of legislation through Congress. So they do what they always do: Ignore the law, go to court, and hope judges allow them to get away with the lawlessness.

You also should know that the campaign to allow non-citizens to vote is a national effort that has already borne fruit. Per CIS: “there are several municipalities in the United States that currently allow non-citizens to vote in local elections. Moreover, legislation to allow non-citizens to vote has been introduced in a number of states and localities including Washington, D.C., San Francisco, and New York City.”

Kansas and Arizona, however, were not willing to “play ball” with leftists who boldly court non-citizen voting. And that’s why they (and we) are active in court.

Failing to Defend the Right to Vote Is Simply Not an Option

As we work to ensure not only that President Obama receives legislation without undue delay, but also that whatever language he signs protects as many voters as possible from discrimination, it is important to remember those who died a half century ago fighting for this very cause.
PFAW

New Report Reflects Persistence of Voting Rights Violations

While the Voting Rights Act of 1965 (VRA) took a giant leap toward reducing voting discrimination, a wealth of evidence today shows that discrimination at the polls persists. A new report by the Leadership Conference on Civil and Human Rights documents148 separate instances of voting violations since 2000, with each affecting hundreds to thousands of voters.

The report, The Persistent Challenge of Voting Discrimination, came just days before today’s one-year anniversary of the Supreme Court’s ruling in Shelby County v. Holder, which gutted a key provision of the VRA. The litany of voting rights violations detailed therein underscores the need for reform – now.

Key takeaways gleaned from recent examples:

• Racial discrimination in voting remains a significant problem in our democracy. Nearly 50 years after the enactment of the VRA, racial discrimination in voting remains a persistent problem in many places around the country…

• The problem of racial discrimination in voting is not limited to one region of the country. The examples outlined in this report document instances of voting discrimination from 30 states, representing every region of the country…

• Voting discrimination occurs most often in local elections… They often concern the election of city, county or other local elected officials, where many of the contests are nonpartisan.

• Discrimination in voting manifests itself in many ways, and new methods continue to emerge. Voting discrimination occurs today in both overt and subtle forms.

Here are just a handful of the cases in which systematic discrimination threatened to discourage or sideline voters:

• In 2008, the state of Alaska requested preclearance of a plan to remove polling places in multiple Native villages. The state intended to consolidate predominately Alaska Native voting precincts with those of other communities, creating new polling places that were geographically remote and inaccessible by road. Instead of complying with a “More Information Request” by the Department of Justice regarding the proposed changes, Alaska withdrew their submission.

• Between 2004 and 2011, DOJ alleged that five counties and four cities in California had been in violation of Section 203 of the VRA, citing failures to implement bilingual election programs for language-minority voters, as well as failures to translate election-related materials for precincts with large language-minority populations.

• Between 2002 and 2011, multiple school districts and localities in Louisiana proposed redistricting plans that would have eliminated districts in which an African American majority was able to elect the candidate of their choice. 

The Leadership Conference on Civil and Human Rights notes that because the study was only able to take into account reported cases, the statistics are likely a conservative estimate of the real magnitude of the problem.

Sadly, discrimination in the electoral process still happens. Moving forward on legislation to update and modernize the VRA would help return a voting voice to Americans who are too often, even today, marginalized.

PFAW

Cleaning Up the Supreme Court's Democracy Mess

This post was originally published at the Huffington Post.

One year ago this week, the Supreme Court's conservative majority struck down a key provision of the Voting Rights Act and took yet another step toward undermining our democracy. Since then, civil rights leaders have been hard at work trying to clean up the Court's mess.

The Shelby decision was a devastating loss, especially for those who fought to see the original Voting Rights Act enacted. Rep. John Lewis of Georgia, the sole surviving speaker from the 1963 March on Washington and a leader of the 1965 march from Selma to Montgomery, accused the Supreme Court of "stab[bing] the Voting Rights Act of 1965 in its very heart." Civil rights advocates mourned the naïve assumption that Selma had been relegated to ancient history and that racial discrimination in voting went with it. People For the American Way's director of African American religious affairs noted on the day of the decision: "Those who sided with the majority clearly have not been paying attention, reading the paper, attending community meetings, living in America."

Indeed, anyone who has been paying attention knows that voting discrimination is far from ancient history. A new report by the Leadership Conference on Civil and Human Rights found nearly 150 documented instances of voting rights violations since 2000, with each case affecting between hundreds and tens of thousands of voters.

Happily, reform is finally underway in the Senate. On Wednesday, the Judiciary Committee will hold a hearing on legislation to put the VRA back together again. It's a critically important first step in getting our country's laws back to where they need to be on voting rights protections. But so far House Republican leadership has refused to move forward. Maybe they think that if they pretend a problem doesn't exist, they won't have to fix it.

The push for voting rights protections isn't the only effort underway to clean up the mess the Supreme Court has made of our democracy. With the 2012 election the most expensive in history, this week the Senate Judiciary Committee is considering a proposed constitutional amendment to overturn cases like Citizens United v. FEC, the infamous 2010 ruling that paved the way for unlimited corporate political spending. Like Shelby, Citizens United was a contentious 5-4 decision with a strong dissent. Also like Shelby, it set our democracy back dramatically. Citizens United let corporate bank accounts overwhelm the voices of everyday Americans. Shelby made it easier for state and local governments to create barriers to voting.

But Americans know that the answer to attacks on our democracy isn't despair -- it's action. Sixteen states and more than 550 cities and towns have called for a constitutional amendment to get big money out of politics like the one moving forward in the Senate, and that number is growing rapidly.

National leaders are also speaking out. President Obama has expressed his support for an amendment to overturn Citizen United multiple times since the decision. House Minority Leader Nancy Pelosi, Senate Majority Leader Harry Reid, and former Supreme Court Justice John Paul Stevens are just a handful of other high-profile amendment supporters. And earlier this month, Justice Ruth Bader Ginsburg did not hold back her disdain for the recent democracy-harming decisions coming from the Supreme Court's majority: "Like the currently leading campaign finance decision, Citizens United v. Federal Election Commission, I regard Shelby County as an egregiously wrong decision that should not have staying power."

The Supreme Court has made some very bad calls when it comes to protecting the rights of all Americans to participate meaningfully in our political system. But Justice Ginsburg is right: these wrong-headed decisions shouldn't have staying power. And if the American people have anything to do with it, they won't.

PFAW

PFAW Commends Senate Hearing on VRA Legislation, Urges House to Follow Suit

WASHINGTON – Today the Senate Judiciary Committee is holding a hearing on the Voting Rights Amendment Act (VRAA), legislation that addresses the Supreme Court’s decision one year ago in Shelby County v. Holder. People For the American Way's Executive Vice President Marge Baker released the following statement:

“One year ago today, the Supreme Court gutted a key provision of one of our country’s crowning civil rights triumphs, the Voting Rights Act of 1965. We applaud the Senate Judiciary Committee for taking up the important work of repairing the harm done by the Shelby decision. Unfortunately, we can’t say the same for House Republican leadership, who have steadfastly refused to act.

“The right to vote is our most precious right as citizens. Failing to defend this right is simply not an option. Will House leadership stand up and act to protect every American’s right to cast a ballot that counts, or will they stand by and allow that right to increasingly come under attack?”

Today People For the American Way and its African American Ministers In Action program submitted letters on behalf of members, activists and a network of faith leaders thanking the Senate for moving forward on the VRAA and urging the House to do the same.

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Yes, Kansas's Proof-Of-Citizenship Law Is Disenfranchising People

Nearly one month before the state’s August 5 primary elections, 18,000 Kansas voters are still barred from the ballot box because of incomplete paperwork under the state’s new law requiring proof of citizenship to vote.

Kansas Secretary of State Kris Kobach, the major player behind the passage and implementation of the new law, has consistently pushed back on criticism by claiming that “nobody’s been denied any rights” and that the thousands of Kansans with suspended registration are just “procrastinators” who haven't gotten around to producing the required birth certificate, passport  or similar document to election authorites.

Now, of course, stories are emerging that show that the thousands of Kansans caught in registration limbo aren’t just “procrastinators” and that the system that he claims is quick and easy to use is in fact leaving people behind.

This weekend, the Wichita Eagle interviewed one such voter, Michael Nucci, who had his registration suspended despite having shown up at the DMV with his passport, one of the approved proof-of-citizenship documents:

Michael Nucci, a voter who was placed in incomplete status, said he found the process difficult.

Nucci, 43, moved to Wichita from Florida in 2012 and registered to vote without any problems. But in December 2013, when Nucci moved to a new address, he went to the DMV to update his registration and brought along his passport and phone bill. A week later, he said, he received a letter telling him his registration had been suspended.

Nucci contacted the Sedgwick County Election Office and was told to send a copy of his passport.

“There’s something involved between DMV and the election office where they are not on the same system. And I think it’s ridiculous,” Nucci said. “And I didn’t send them my passport because I already brought it to the DMV both times. Why should I send them a copy of my passport again, a third time?

“I’ve had no problem (registering to vote) until I came to Kansas,” Nucci said.

Today, the Eagle reported that the daughter of Kobach’s Republican primary challenger, Scott Morgan, was in a similar position — she uploaded a picture of her passport to Kobach’s website and still was informed that her registration had been suspended. Morgan told the paper that he was afraid that such “hurdles” to voter registration would discourage young voters:

Morgan said his daughter registered online through the secretary of state’s website and that he watched her upload a picture of her passport.

“It’s all these things that the average 18-year-old is just going to say, ‘the heck with it,’ ” Morgan said. He said that the online system repeatedly froze as she went through the registration process. “And it’s just phenomenal that we think it’s okay to put these kind of hurdles in front of these people who are trying to register to vote.”

Morgan said such issues could dissuade young people from voting.

“It’s hard enough to get 18-year-olds to get excited about voting anyway. And this is the kind of thing where each one of these steps, whether it’s the browser freezing up or the cumbersome form … each one of those you lose people,” Morgan said.

Morgan said his family couldn’t help but laugh upon receiving the letter, joking that many people would think it was something he made up for the campaign. But he took a photograph of his daughter holding her letter and posted it on Facebook as proof.

“When you get it, you laugh about it, because it’s so absurd. But then the sad thing is the absurdity is the reality of what we’ve created here in Kansas to protect ourselves from something that doesn’t exist,” Morgan said.

And this isn’t even to mention the hundred or so Kansans who will be able to vote only in federal elections in August, thanks to Kobach’s new two-tiered voting system. Or voters who don't have the required proof-of-citizenship documents at all and have to go through a time-consuming process with the state elections board in order to have their voting rights restored.

But Kobach apparently sees these problems as growing pains: He warned the Eagle that Morgan and his Democratic opponent just want to “wave the white flag and give up” on his voting scheme.

PFAW Calls Senate Hearing on VRA Legislation an “Important Step"

WASHINGTON –Chairman Patrick Leahy announced yesterday that the Senate Judiciary Committee will hold a hearing on June 25 on the Voting Rights Amendment Act (VRAA), legislation intended to repair damage done by the Supreme Court last year in Shelby County v. Holder. People For the American Way's Executive Vice President Marge Baker released the following statement:

“Chairman Leahy and the Judiciary Committee should be commended for taking an important step toward correcting the damage done by last year’s Shelby decision. The right to vote is the most fundamental right in our democracy, which is why we need a modern, effective Voting Rights Act to protect it. We urge the Senate to move quickly on this, and the House to follow suit. With another national election looming, now is the time to move forward to protect the right to vote for all.”

The day of the Senate hearing will mark one year since the Supreme Court gutted a key provision of the Voting Rights Act in its Shelby decision. While a bipartisan group of House members joined Chairman Leahy to introduce the VRAA in January, the House Judiciary Committee has yet to schedule a hearing.

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True The Vote Claims Voting Rights Act Encourages 'Race-Based Segregation'

In a fundraising email today, the voter-fraud mavens at True the Vote claim that a proposed bipartisan update to the Voting Rights Act is in fact a “move toward race-based segregation” that would “exclude millions of Americans from the full protection of the law — based solely on the color of their skin" and “turn our elections over to Eric Holder and Barack Obama.”

The Voting Rights Amendment Act is a bipartisan bill that would replace the formula that determines which areas are subject to Justice Department preclearance for changes in their voting laws. The previous formula was struck down by the Supreme Court last year, although the rest of the law remained.

The proposed formula, like its predecessor, would require states and counties with a history of voting restrictions targeting minority voters to obtain preclearance from the Justice Department before changing their voting laws. The preclearance provision, enacted to stop rampant Jim-Crow-era racial discrimination at the polls has for decades helped stem attempts to disenfranchise minority voters.

But according to True the Vote founder Catherine Engelbrecht, the very fact that the Voting Rights Act and the proposed coverage update are meant to stop racial discrimination at the polls means that they are the product of “race baiters” who want to “divide voters into color blocks for partisan gain” and “move toward race-based segregation.”

I'm sending you this message on the most urgent of topics!

Congress is considering a bill that could ultimately turn our elections over to Eric Holder and Barack Obama.

The bill is HR 3899. Bill sponsors have named it the Voting Rights Amendment Act, but we’re calling it what it really is- the Voting Rights Segregation Act. If it is not stopped, HR 3899 will fundamentally and intentionally change American elections into race-reliant battlefields where, for the first time in our history, the United States would EXCLUDE millions of Americans from the full protection of the law – based solely on the color of their skin.

HR 3899 also targets five states that will immediately be put under the authority of Holder’s Dept of Justice, requiring that they pre-clear election activities with Holder’s DOJ, effective immediately upon passage of the bill! The currently targeted states are Texas, Louisiana, Mississippi, Georgia and North Carolina. The Bill also gives Eric Holder the exclusive right to target other states for any reason he sees fit, including the passage and implementation of photo Voter ID laws.

This Country has gone through too much and come too far to now watch silently as the professional race baiters in Congress, like Reps. Jim Sensenbrenner and Sheila Jackson Lee, divide voters into color blocks for partisan gain.

Will you please help support True the Vote's effort to kill this terrible race based bill?

Earlier this week True the Vote led a group of pro-liberty election integrity organizations in requesting GOP House Majority Leader Eric Cantor to meet with our organizations to discuss the reasons this bill is an ill advised move toward race-based segregation. Last night, Cantor's constituents let him know what they thought of his position on HR 3899- by voting him out of office. But make no mistake, the battle for HR 3899 is far from won.

Kansas Moves Ahead With Two-Tiered Voting System, Some Voters Allowed To Cast Ballots Only In Federal Elections

We reported last year on Kansas Secretary of State Kris Kobach’s plan to create a two-tiered voting system in his state, in which voters who registered with a federal voter registration form but did not meet the state’s strict new citizenship documentation requirement would be allowed to cast ballots in federal elections but would be barred from participating state elections.

Kobach claimed at the time that the two-tiered system was “merely a contingency plan” in the event that he lost a lawsuit seeking to require the federal form used in Kansas to include the state’s proof-of-citizenship requirement. Kobach won that suit, but the decision has been stayed pending appeal, meaning that Kansas will go ahead with Kobach’s two-tiered system in this summer's primaries, reports the Associated Press. Arizona, which joined Kansas on the lawsuit, is implementing a similar system.

The good news is that, according to Kobach, fewer than 100 Kansans who registered with the federal form but didn’t provide the correct citizenship documentation will be the inaugural members of the new federal-elections-only voting tier. Those voters, according to the AP, "will be given full provisional ballots during the Aug. 5 primary elections — but only the votes they cast in federal races will actually be counted."

The bad news is that 18,000 Kansans who registered with the state form but couldn’t provide the correct documentation still can’t vote in either type of election.

Kobach, of course, continues to claim that “no one is disenfranchised” by his policies.

AP:

WICHITA — Kansas voters who registered using a national form without providing proof of U.S. citizenship will be given full provisional ballots during the Aug. 5 primary elections — but only the votes they cast in federal races will actually be counted, the state’s top election official said Tuesday.

Secretary of State Kris Kobach told The Associated Press that fewer than 100 Kansas voters who used the federal registration form without providing citizenship documents will be affected.

“No one is disenfranchised — any person can vote a full ballot by providing proof of citizenship,” Kobach said. “The notion a person is disenfranchised because they have to provide proof of citizenship is a silly one.”

As of Tuesday, more than 18,000 Kansans still had their voter registrations suspended pending documentation of citizenship. The vast majority used the state form to register, and they will still not be allowed to vote at all in the primary or general election unless they prove to state election officials that they are U.S. citizens.

The exception that allows the federal registrants to still vote in the August primaries for federal races comes because the 10th Circuit Court of Appeals stayed a judge’s ruling that had forced federal election officials to help Kansas and Arizona enforce their citizenship requirements.

Terrible Republican Secretary Of State Seeks Same

A Wall Street Journal story last week on a new set of PACs seeking to influence secretary of state races reported that the new conservative PAC, SOS for SOS, will be led by former Ohio Secretary of State Ken Blackwell.

"We are no longer going to let the left decide the size and dimensions of the playing field," Blackwell told WSJ.

It wasn’t long ago that Blackwell himself was deciding the size and dimensions of the electoral playing field in Ohio by, among other things, dictating the size and dimensions and paper stock of mail-in voter registration cards.

Leading up to the 2004 elections, Blackwell became notorious for administering elections rules that made it a lot harder to vote. The most colorful of these was a last-minute regulation on the size and paper quality of printed voter registration cards. Rolling Stone explained:

To further monkey-wrench the process he was bound by law to safeguard, Blackwell cited an arcane elections regulation to make it harder to register new voters. In a now-infamous decree, Blackwell announced on September 7th -- less than a month before the filing deadline -- that election officials would process registration forms only if they were printed on eighty-pound unwaxed white paper stock, similar to a typical postcard. Justifying his decision to ROLLING STONE, Blackwell portrayed it as an attempt to protect voters: ''The postal service had recommended to us that we establish a heavy enough paper-weight standard that we not disenfranchise voters by having their registration form damaged by postal equipment.'' Yet Blackwell's order also applied to registrations delivered in person to election offices. He further specified that any valid registration cards printed on lesser paper stock that miraculously survived the shredding gauntlet at the post office were not to be processed; instead, they were to be treated as applications for a registration form, requiring election boards to send out a brand-new card.

Blackwell's directive clearly violated the Voting Rights Act, which stipulates that no one may be denied the right to vote because of a registration error that ''is not material in determining whether such individual is qualified under state law to vote.'' The decision immediately threw registration efforts into chaos. Local newspapers that had printed registration forms in their pages saw their efforts invalidated. Delaware County posted a notice online saying it could no longer accept its own registration forms. Even Blackwell couldn't follow the protocol: The Columbus Dispatch reported that his own staff distributed registration forms on lighter-weight paper that was illegal under his rule. Under the threat of court action, Blackwell ultimately revoked his order on September 28th -- six days before the registration deadline.

Other Blackwell projects in the lead-up to the 2004 election included making it harder to cast a provisional ballot and keeping urban precincts low on electronic voting machines, resulting in long lines. A report from Democratic Rep. John Conyers found that “actions by Mr. Blackwell, the Republican Party, and elections officials, disenfranchised hundreds of thousands of Ohio citizens, predominantly Minority and Democratic voters.”

Blackwell’s partisan bent was never a secret. After losing his campaign to be Ohio’s governor in 2006, he moved on to work for the Family Research Council and tried to angle himself into the job of chairman of the Republican National Committee.

In other words, Blackwell is the perfect person to lead the Right’s new effort to elect Republican secretary of state candidates in the mold of Kansas’ Kris Kobach, who see their jobs not as encouraging and facilitating voting, but making it harder...especially for certain Democratic-leaning constituencies.

Tom DeLay Fails Miserably In His Attempt To Defend His 'God Wrote The Constitution' Claim

Today, Tom DeLay appeared on "WallBuilders Live" to defend himself from the mockery he received for having declared earlier this year that God founded America and wrote the Constitution, telling host Rick Green that God is going to use conservative Christians to lead "a revolution for the Constitution."

During the conversation, DeLay repeated his claim that "the Constitution was created by God" and then noted that he came under attack from the Left for saying this not too long ago even though, he insisted, he was absolutely right.

"Alexander Hamilton himself said that the Declaration and the Constitution were written as with a sun beam in the whole volume of human nature by the hand of divinity itself," DeLay triumphantly declared. "So I'm just quoting him":

Hamilton did, in fact, make such a statement when he wrote:

The sacred rights of mankind are not to be rummaged for, among old parchments, or musty records. They are written, as with a sun beam, in the whole volume of human nature, by the hand of the divinity itself; and can never be erased or obscured by mortal power.

You will notice that, contrary to DeLay's assertion, there is no mention of either the Declaration or the Constitution anywhere in Hamilton's statement ... and that is because Hamilton wrote the line in his work "The Famer Refuted," which was published in February 1775.

The drafting of the Declaration of Independence did not even begin until well over a year after Hamilton published these words and the Constitution wasn't to be written for another twelve years.

It seems particularly appropriate that DeLay would make this laughable defense on WallBuilders of all places, since false history is their specialty.

AIM Claims Voting Rights Are 'The Voting Version Of Reparations For Slavery'

Yesterday, Accuracy In Media published a report by James Simpson alleging that voter fraud is a massive, “existential threat to our American Republic,” and the result of Democratic election tampering. Like other right-wing reports on voter fraud, the article is highly speculative and fails to offer any actual evidence of large-scale fraud.

In fact, legislative “fixes” to combat the non-existent voter fraud epidemic recently lost in courts in PennsylvaniaArkansas and Wisconsin due to the inability to find any actual evidence of voter fraud.

The only “proof” of voter fraud that Simpson lists is college students voting in the state where they attend school, which is legal, and the findings of the extremely unreliable “crosscheck” system, which checks to see if voters in more than one state have similar names and birthdays. He writes said that the campaign to replace the electoral college with a national popular vote and efforts to restore felons’ right to vote are will also increase voter fraud, mainly because he thinks such steps will benefit Democrats.

Simpson alleges that “Democrats’ attitude toward voter fraud is the voting version of reparations for slavery,” pointing to a case in Port Chester, New York, where the town switched to a new voting method following a court case on lack of Latino representation in government.

He claims that “Hispanics were allowed to cast six votes” in Port Chester’s council races.

However, the method known as cumulative voting (where each voter can cast multiple votes, including more than one to the same candidate), applied to all voters, not just Hispanic voters as Simpson suggests.

The Brennan Center notes that “the Department of Justice filed a complaint alleging Port Chester’s at-large system of electing its board of trustees diluted the voting strength of its Hispanic citizens” in 2006, under the Bush administration.

Democrats’ attitude toward voter fraud is the voting version of reparations for slavery. Some Democrats have even said that because minorities and the poor have little influence, “extraordinary measures (for example, stretching the absentee ballot or registration rules) are required to compensate.” Democrat election officials do this all the time, and a form of it has actually become official Justice Department policy in its effort to boost Hispanic representation.

Hispanic voters in Port Chester, New York were allowed to use something called “cumulative voting” in an election for village trustees. There were six trustee seats and Hispanics were allowed to cast six votes in any way they chose, for example, casting one vote for each of six candidates or all six for one candidate. Cumulative voting has also been used to elect a school board in Amarillo, Texas, the county commission in Chilton County, Alabama, and the city council in Peoria, Illinois.

Having rationalized the moral high ground with their “voter suppression” charge—Democrats go on the warpath. In recent years this has involved lawsuits, organized slander and a nationwide campaign to resist election reform. Under the Obama presidency, it has also included using federal agencies to attack private citizens and organizations.



So who is doing the suppressing? By thwarting efforts to clean up the voting process, Obama and the Democrats are suppressing every single legitimate vote stolen by voter fraud. By cheating conservatives of their ability to organize and communicate with the voting public, Obama’s IRS is denying their rights to free speech. By denying conservatives’ right to educate the public, for example, regarding candidates’ records on Obamacare, the IRS is preventing voters from being informed. Obama and the Democrats are not battling voter suppression, they have institutionalized it.



Voter fraud, and the corrupt political infrastructure that facilitates, or at best ignores it, is an existential threat to our American Republic. The only answer is to elect principled conservative leaders willing to recognize and confront this threat.

Voting Rights Advocates Rack Up More Wins

Earlier this month, PFAW reported on what has gone right for voting rights at the state level in 2014. While there is much more work to be done to enact needed reforms and to step up and counter threats when the right to vote is under attack, states like Florida, Georgia, and North Carolina have shown that we can win. Now we've uncovered even more evidence of why we can and should keep fighting the challenges that lay before us.
PFAW

Florida & Oregon Drop Out Of Kris Kobach's Faulty Voter Roll Crosscheck Program

The Miami Herald reported Friday that Florida and Oregon have dropped out of Interstate Crosscheck, the disputed voter-fraud detection service run by Kansas Secretary of State Kris Kobach, with Oregon election officials citing "unreliable" data from the program.

Interstate Crosscheck’s reports in 2013 include Florida data based on the 2012 election. However, Florida is absent from the 2014 report.

We asked a spokeswoman for Republican Secretary of State Ken Detzner why Florida dropped out.

“The Department of State and Supervisors of Elections currently work with elections officials in other states to update registrations regarding residency, and we are always exploring options to improve the elections process,” Brittany Lesser said.

Oregon is another state that changed its mind about sharing its voter data with the Kansas project. Its explanation was more blunt than the one we got from Florida.

“We left because the data we received was unreliable and we felt joining the ERIC project would better meet our needs, said Tony Green, spokesman for Oregon Secretary of State.

ERIC is a project of the Pew Charitable Trust  to improve the accuracy and efficiency of state voter registration systems. States must pay to participate in ERIC while the Kansas project is free.

Voting rights opponents went into full-blown panic mode last week when North Carolina elections officials, citing data from Kobach's program, announced that 35,000 people who voted in North Carolina could have also voted in another state. That this number turned out to be completely overblown -- and that the state's top elections official urged caution in jumping to conclusions  -- did not stop Dick Morris and the Tea Party Nation from claiming that as many as a million Democrats voted twice in the 2012 elections.

via Rick Hasen​

Tea Party Nation Claims More Than A Million Democrats Voted Twice In 2012

Tea Party Nation president Judson Phillips has been hard at work crunching numbers, and today announces a starting conclusion: President Obama won reelection in 2012 because more than a million people cast votes in two states.

How did Phillips reach this number?

Well, he starts with a North Carolina elections board report that it found 35,750 records of people who voted in the state whose names and birthdays matched people who had voted in other states.

North Carolina used a program run by Kansas Secretary of State Kris Kobach, which even Kobach acknowledges produces a “significant number” of “false positives.” Officials using the program in Ohio and Colorado failed to identify a single case of fraudulent voting from the “matches” that the program produced. Even the North Carolina elections board has backtracked from its original blockbuster number, telling ThinkProgress that “we are not jumping to conclusions here.” In other words, North Carolina’s report contains no proof of any voter fraud, much less 35,000 cases of it.

But never mind the facts! Phillips then “extrapolate[s]” the North Carolina figure “out over the entire population” to guess that there “could be over one million double votes in 2012,” thereby winning President Obama the election. (Of course, in Phillips’ reckoning, all of these imaginary cases of voter fraud were perpetrated by Democrats – although they still weren’t enough to win North Carolina for the president).

“Democrats are not winning elections,” he concludes. “ They are taking them the old fashioned way. They are stealing them.”

What is the shocking secret that may explain how Obama got a second term?

A study done in North Carolina showed that 35,750 people who live and voted in North Carolina may have voted in another state in the 2012 Presidential election. The study was based on comparing the first and last names along with date of birth for people who voted in 28 other states. In 765 of those cases, social security numbers matched as well.

This number would have probably been larger but only 28 states participated and the four largest states, California, New York, Texas and Florida did not participate.

If you extrapolate this figure out over the entire population, that could be over one million double votes in 2012.

Democrats are not winning elections. They are taking them the old fashioned way. They are stealing them.

Lest we think that Phillips is just pushing a fringe argument, Kobach himself yesterday made a very similar claim, citing absolutely no evidence to claim that widows are voting “all the time” on behalf of their deceased husbands. Kobach has previously claimed that the “radical left” opposes his suppressive policies because they “feel they can benefit” from massive fraud.

And, to Phillips’ credit, his voter fraud estimate is more conservative than that of former Libertarian vice presidential candidate Wayne Allyn Root, who estimates that Democrats “across the country” voted ten times each for President Obama .

UPDATE: It appears that Phillips may have gotten his conclusion from Dick Morris, who wrote an op-ed in The Hill this week making the same claim. Meanwhile, the theory is getting debunked again and again.

Kris Kobach Claims Voter Fraud Is Real Because Widows Vote For Their Late Husbands 'All The Time'

Kansas Secretary of State Kris Kobach – the mastermind behind anti-immigrant and voter suppression legislation throughout the country – joined radio host Joyce Kaufman yesterday at an event hosted by the anti-immigrant group FAIR, where he currently holds a top legal position.

Kobach has been on a media blitz recently defending Kansas’ strict voter ID law, which requires people registering to vote to present a birth certificate or other proof of citizenship, a requirement that has left tens of thousands of Kansans with incomplete registrations .

Kaufman, who is based in Florida, told Kobach, “I can’t imagine how many widows are voting for their dead husbands.”

“Yeah, it happens all the time,” Kobach replied, going on to explain that people who die or move out of state often stay on a state’s voter rolls.

Kobach’s conflation of out-of-date voter rolls with fraudulent voting is common among advocates of voter suppression laws. While fraudulent voting is extraordinarily rareincluding in Kansas – Kobach has used the threat of such fraud to push faulty voter roll purges in states across the country.

Kobach went on to claim that those who cite the disproportionate effect of voter ID laws on people of color are in fact themselves making a “racist argument.” “You’re telling me that because of a person’s skin color, he’s less able to find his birth certificate?” he asked. “That’s just crazy to make that argument.”

In fact, numerous studies have shown that voter ID laws disproportionately affect minority communities and are often passed in response to an increase in minority voting.

Kaufman: I can’t imagine how many widows are voting for their dead husbands in communities like I lived in.

Kobach: Yeah, it happens all the time. There are basically three sources of people on our voter rolls who are not supposed to be there. One is people who die and they stay on the voter rolls. The other is people who have moved out of state, but they’re on the rolls in both states. And the third is aliens, people who were never entitled to vote in the first place. And we’re trying to do something about in Kansas, but you can imagine how the folks on the left complain and say, ‘Well, you can’t do that.’ Well, yeah we can do that and we’re going to do that.

Kaufman: And it’s not bigoted.

Kobach: It’s not at all!

Kaufman: You’re not doing it to close the doors on minorities.

Kobach: Yeah, exactly. And I think it’s outrageous the argument some make that it hurts minorities. It’s almost a racist argument! You’re telling me that because of a person’s skin color, he’s less able to find his birth certificate? That’s just crazy to make that argument.

Wayne Allyn Root: Democrats Won In 2012 By Voting 10 Times Each

Wayne Allyn Root, the conservative activist who ran for vice president on the Libertarian ticket in 2008, claimed last month that President Obama won reelection because “Democratic voters across this country are voting four times, five times, 10 times each for the Democrats.”

In a video commentary posted in late March, Root insisted that “Democrats are winning elections through what appears to be massive voter fraud.”

Root — who is also a birther — cited the right-wing myth that the fact that a handful of precincts in the heavily Democratic Philadelphia recorded no votes for Mitt Romney means that Democrats were “stuffing the ballot box.” The Philadelphia myth is part of a right-wing trend of blaming Democratic victories on unproven voter fraud in urban areas.

Root also said that President Obama should be impeached over alleged IRS targeting of conservatives, citing the removal of Ukrainian President Viktor Yanukovich.  “If you think impeachment can’t happen, it’s a pipe dream,” he said, “I’ve got news for you. Study Ukraine."

Applying McCutcheon's Logic to Voter ID Laws

If only the courts were as solicitous of the right to vote in elections as they are of the right to purchase them.
PFAW Foundation
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