Voter Checklists: Be Prepared at the Voting Booth

Just in time for the 2012 election,  Election Protection, a nonpartisan coalition formed to ensure that all voters have an equal opportunity to participate in the political process, is releasing its 50 state voter checklist.  These one-pagers have information on the top 8-10 things voters need to know on Election Day.

Check out the voter checklist for Virginia below and click here to find the checklist for your state.

From The New Yorker: “The Voter-Fraud Myth: The man who has stoked fear about impostors at the polls.”

By Jane Mayer
October 29, 2012

Teresa Sharp is fifty-three years old and has lived in a modest single-family house on Millsdale Street, in a suburb of Cincinnati, for nearly thirty-three years. A lifelong Democrat, she has voted in every Presidential election since she turned eighteen. So she was agitated when an official summons from the Hamilton County Board of Elections arrived in the mail last month. Hamilton County, which includes Cincinnati, is one of the most populous regions of the most fiercely contested state in the 2012 election. No Republican candidate has ever won the Presidency without carrying Ohio, and recent polls show Barack Obama and Mitt Romney almost even in the state. Every vote may matter, including those cast by the seven members of the Sharp family—Teresa, her husband, four grown children, and an elderly aunt—living in the Millsdale Street house.

The letter, which cited arcane legal statutes and was printed on government letterhead, was dated September 4th. “You are hereby notified that your right to vote has been challenged by a qualified elector,” it said. “The Hamilton County Board of Elections has scheduled a hearing regarding your right to vote on Monday, September 10th, 2012, at 8:30 A.M. . . . You have the right to appear and testify, call witnesses and be represented by counsel.”

“My first thought was, Oh, no!” Sharp, who is African-American, said. “They ain’t messing with us poor black folks! Who is challenging my right to vote?”

The answer to Sharp’s question is that a new watchdog group, the Ohio Voter Integrity Project, which polices voter-registration rolls in search of “electoral irregularities,” raised questions about her eligibility after consulting a government-compiled list of local properties and mistakenly identifying her house as a vacant lot.

The Sharp household had first been identified as suspicious by computer software that had been provided to the Ohio Voter Integrity Project by a national organization called True the Vote. The software, which has been distributed to similar groups around the country, is used to flag certain households, including those with six or more registered voters. This approach inevitably pinpoints many lower-income residents, students, and extended families.

True the Vote, which was founded in 2009 and is based in Houston, describes itself as a nonprofit organization, created “by citizens for citizens,” that aims to protect “the rights of legitimate voters, regardless of their political party.” Although the group has a spontaneous grassroots aura, it was founded by a local Tea Party activist, Catherine Engelbrecht, and from the start it has received guidance from intensely partisan election lawyers and political operatives, who have spent years stoking fear about election fraud. This cohort—which Roll Call has called the “voter fraud brain trust”—has filed lawsuits, released studies, testified before Congress, and written op-ed columns and books. Since 2011, the effort has spurred legislative initiatives in thirty-seven states to require photo identification to vote.

Engelbrecht has received especially valuable counsel from one member of the group: Hans von Spakovsky. A Republican lawyer who served in the Bush Administration, he is now a senior legal fellow at the Heritage Foundation, the conservative think tank. “Hans is very, very helpful,” Engelbrecht said. “He’s one of the senior advisers on our advisory council.” Von Spakovsky, who frequently appears on Fox News, is the co-author, with the columnist John Fund, of the recent book “Who’s Counting?,” which argues that America is facing an electoral-security crisis. “Election fraud, whether it’s phony voter registrations, illegal absentee ballots, vote-buying, shady recounts, or old-fashioned ballot-box stuffing, can be found in every part of the United States,” they write. The book connects these modern threats with sordid episodes from the American past: crooked inner-city machines, corrupt black bosses in the Deep South. Von Spakovsky and Fund conclude that electoral fraud is a “spreading” danger, and declare that True the Vote serves “an obvious need.”

Mainstream election experts say that Spakovsky has had an improbably large impact. Richard L. Hasen, a law professor at the University of California at Irvine, and the author of a recent book, “The Voting Wars,” says, “Before 2000, there were some rumblings about Democratic voter fraud, but it really wasn’t part of the main discourse. But thanks to von Spakovsky and the flame-fanning of a few others, the myth that Democratic voter fraud is common, and that it helps Democrats win elections, has become part of the Republican orthodoxy.” In December, Reince Priebus, the chairman of the Republican National Committee, wrote, “Election fraud is a real and persistent threat to our electoral system.” He accused Democrats of “standing up for potential fraud—presumably because ending it would disenfranchise at least two of its core constituencies: the deceased and double-voters.” Hasen believes that Democrats, for their part, have made exaggerated claims about the number of voters who may be disenfranchised by Republican election-security measures. But he regards the conservative alarmists as more successful. “Their job is really done,” Hasen says. “It’s common now to assert that there is a need for voter I.D.s, even without any evidence.”

In Hamilton County alone, the new citizens’ groups have challenged more than a thousand names since March. Some challenges, such as those aiming to disqualify college students who failed to include their dorm-room numbers on their registration forms, were tossed out immediately. But the board accepted nearly two hundred challenges, including those to twenty-six voters registered at a trailer park that no longer existed.

In Ohio, if voters whose eligibility has been challenged come to the polls in November, they may be forced to use a provisional ballot, which will be counted only if officials sanction it—after Election Day. Some experts worry that voters who have been needlessly challenged will feel too intimidated even to show up. “People have other things to do with their lives than respond to inaccurate complaints accusing them of being criminals,” Justin Levitt, a professor at Loyola Law School in Los Angeles, said.

Alex Triantafilou, a Republican member of the county’s Board of Elections, maintains that the challenges have been nonpartisan. But Caleb Faux, a Democrat on the board, says, “I don’t buy it. The True the Vote people are clearly going after Democratic voters: African-Americans, students, and other groups they think are likely to vote Democratic.”

Read the rest of the article from The New Yorker here.

From the Philadelphia Daily News: After voter-ID ruling, Pa. conservatives target Corbett, judges

BY CHRIS BRENNAN
Philadelphia Daily News
Oct. 3, 2012

Philadelphia officials and activists who oppose the voter-ID law hold a celebratory news conference after Tuesday’s decision. (photo via Philadelphia Daily News)

THERE WERE three types of reaction Tuesday to a judge’s ruling that voters in Pennsylvania can cast ballots in the Nov. 6 general election without having to show state-approved identification.

* Democrats, who considered the new voter-ID law an attempt to disenfranchise their political base, rejoiced about state Commonwealth Court Judge Robert Simpson’s ruling.

* Some Republicans, like Gov. Corbett, Secretary of State Carol Aichele and state GOP chairman Rob Gleason, wanted the law implemented this year but said they are glad that Simpson will allow it to be used in future elections.

* And the party’s right wing, including state Rep. Daryl Metcalfe, of Butler County, who sponsored the law, and the Independence Hall Tea Party Political Action Committee quickly turned their vitriol on Simpson and Corbett.

Simpson’s ruling means that the state will have a “soft run” on the voter-ID law on Nov. 6, with election officials asking for identification at polling places but allowing people to vote without them.

Metcalfe denounced Simpson, a Republican, as a “judicial activist” who overstepped his authority in a ruling “skewed in favor of the lazy” without identification.

Metcalfe also said that Corbett should not have allowed Aichele to develop a new type of voter identification for people who were having trouble getting other state IDs.

Metcalfe also accused Simpson and Corbett of supporting “the ever-increasing entitlement mentality of those individuals who have no problem living off the fruits of their neighbors’ labor.”

The tea-party group promised to hold accountable Corbett in the 2014 primary election if he doesn’t appeal the ruling.

They also vowed to politically target state Supreme Court members who on Sept. 18 ordered Simpson to reconsider his Aug. 15 ruling that upheld the law.

Vic Walczak, legal director for the ACLU in Pennsylvania and one of the attorneys who challenged the law, called Simpson’s preliminary injunction a victory because it means that voters without identification on Nov. 6 will not be forced to use provisional ballots.

Without Simpson’s intervention, anyone using a provisional ballot would have had to produce a valid state ID within six days.

Read the full story from the Philadelphia Daily News here.

From PBS NewsHour: “Ohio state senator Nina Turner says the state’s voter identification law will disenfranchise voters”

State Sen. Nina Turner said she thinks recent efforts to change the requirements for voting in her home state of Ohio and other battlegrounds are a partisan effort to disenfranchise voters.

“I really think that this is…about the reelection of President Barack Obama,” Turner, a Democrat, said in a recent interview with NewsHour senior correspondent Ray Suarez. “In those urban areas where voters came out overwhelmingly for Barack Obama, this is the Republican effort to try to steal the vote.”

No Republican has won the White House in recent history without capturing Ohio. There are 18 Electoral College votes at stake there on Nov. 6.

Read the full article from PBS NewsHour here.

Register to Vote Before Voter Registration Deadlines in October

Voter registration deadlines are fast approaching to be eligible to vote in the 2012 presidential election.

For more information, visit the U.S. Election Assistance Commission website.

To register to vote, click here.

From The Christian Science Monitor: “Voter ID and early voting cases heat up in courts across the country”

Legal battles over controversial voter ID laws, changes to early voting rules, and even the way ballots could look on election day are being heard in courts from Florida to Nevada.

By Mike Baker, Associated Press
September 2, 2012

[Some of the text from this story has been deleted here to highlight what is going on in particular states. Read the full story here.]

Pennsylvania lawyers recently filed briefs arguing whether an appeal on the state’s strict voter ID law should be held in September or October. Opponents won a mid-September court date, which is late even by their standards.

Wisconsin‘s attorney general is making a late push in the courts to reinstate voter ID requirements.

Along with Pennsylvania and Wisconsin, there are unresolved cases in Florida, Ohio, Iowa and Nevada. Those are among the most competitive states and any factor could tip the balance.

Florida and Ohio are locked in litigation tied to changes in early voting rules. Republicans in Florida approved a law last year that reduced the number of early voting days to eight from as many as 14. Advocates are challenging that, and a panel of three federal judges recently determined that the changes could hurt participation by blacks, who lean heavily toward the Democrats.

Ohio officials have struggled for months over early voting rules. The Obama campaign sued over a law that prevented most people from using early voting on the weekend and Monday before Election Day; a federal judge on Friday agreed to restore those voting days. The state’s attorney general is working on an appeal.

Florida and Iowa are dealing with suits related to the efforts by election administrators to purge voting rolls of ineligible people. The U.S. Department of Justice is continuing to pursue a suit challenging Florida’s purge, which previously included a list that contained more than 500 people who were citizens. A Hispanic civic organization also sued, alleging that the purge is an attempt to remove legitimate minority voters from the rolls.

Civil rights activists in Iowa are seeking to block the state’s Republican secretary of state from using emergency rules to try and purge voting lists of noncitizens. The groups contend that Secretary of State Matt Schultz was abusing his power in a bid to disenfranchise Latinos. Schultz says the effort is necessary to help maintain fair elections.

Nevada is dealing with a unique case over the state’s decades-old voting option of “none of the above.” The state attorney general is appealing a federal court’s decision that the ballot option is unconstitutional. The Republican National Committee financed the suit out of fears votes for “none” could influence the outcome, with conventional thinking that people who might cast a ballot for “none” are anti-incumbent voters who might be more likely to support Republican presidential nominee Mitt Romney.

Nevada officials filed an emergency motion in that case Thursday, noting that the state must finalize ballots for overseas and military voters by Sept. 7

The legal battles before Election Day may be just a first round. Thousands of lawyers and activists are preparing to help deal with issues for the campaigns that may arise Nov. 6, and they are poised to handle longer disputes if a crucial state turns out to be nearly tied, as Florida was in 2000.

Read the full story from The Christian Science Monitor here.

From The Huffington Post: “Texas Voter ID Law Rejected By Federal Court”

Texas Gov. Rick Perry speaks to members of the media at the State Capitol in Austin, Texas, on Tuesday, July 17, 2012. (AP Photo/Statesman.com, Rodolfo Gonzalez)

By the Associated Press

WASHINGTON — A federal court has ruled against a Texas law that would require voters to present photo IDs to election officials before being allowed to cast ballots in November.

A three-judge panel in Washington ruled Thursday that the law imposes “strict, unforgiving burdens on the poor” and noted that racial minorities in Texas are more likely to live in poverty.

The decision involves an increasingly contentious political issue: a push, largely by Republican-controlled legislatures and governor’s offices, to impose strict identification requirements on voters.

The ruling comes in the same week that South Carolina’s strict photo ID law is on trial in front of another three-judge panel in the same federal courthouse. A court ruling in the South Carolina case is expected in time for the November election.

Read the original article by The Huffington Post here.

Editorial from the LA Times: “Suppressing the vote, state by state”

July 16, 2012

Twelve years after disputes about hanging chads and butterfly ballots cast doubt on the credibility of the outcome of a presidential election, the integrity of the election process again has become a partisan issue. If the race between President Obama and Mitt Romney is a close one, look for the losing side to blame the outcome on either fraud or voter suppression. At this point the latter looks to be the bigger problem.

Precipitating this debate is a spate of new state laws requiring photo IDs at polling places. Not content to mount legal challenges to such controversial laws, Atty. Gen. Eric H. Holder Jr. has taken to the hustings to denounce them, arguing that they disproportionately suppress the votes of minorities, the poor and the elderly. Departing from his prepared remarks in a speech to the NAACP last week, Holder compared photo ID requirements to the notorious poll taxes of the Jim Crow era, which were used to prevent blacks from voting until they were finally abolished in federal elections by the 24th Amendment. Republicans who have been the principal advocates of photo ID laws insist that they are simply trying to prevent election fraud.

Who’s right? A photo ID would provide an additional measure of assurance that the person casting a ballot was who he said he was and not, for example, one of the deceased citizens whose names aren’t always purged from voter rolls. The question, however, is whether that sort of fraud is widespread enough to justify imposing a requirement that could disenfranchise a significant number of qualified voters. That case has not been made, and the evidence is overwhelming that recent photo ID laws — and other legislation likely to reduce turnout — are politically motivated.

Read the full editorial from the LA Times here.

From the Cincinnati Enquirer: In Ohio “Obama Campaign Sues Husted Over Early Voting”

Written by jprendergast
July 17, 2012

President Obama’s re-election campaign today sued Ohio’s secretary of state, alleging that new early voting rules violate Ohioans’ constitutional right to equal protection.

Obama for America-Ohio, with the Ohio Democratic Party and the Democratic National Committee, is taking aim at the Republican-led rewrite of Ohio election laws. Much of the changes were repealed this spring, but still remaining is a ban against voting the last three days before the election. Those days were believed to have been a key time for Obama, whose campaign worked hard on getting people out to vote those days, including busing people to the polls.

Secretary of State Jon Husted via the Cincinnati  Enquirer

The suit, filed in Columbus, seeks to stop Jon Husted, a Republican, from enforcing the law that allows only uniformed military personnel, their spouses and their voting-age dependents to vote through the Monday before the election, Nov. 6. Everyone else must vote before then, which the campaign and party say means all Ohio voters aren’t being treated equally.

Ohio party chairman Chris Redfern said 30 percent of all votes cast in the 2008 presidential election were cast early. Of those, 93,000 were cast on the last three days.

No date has been set yet for a hearing. The case was assigned to senior judge Peter C. Economus.

Husted’s people were working on a response this afternoon. But today’s posting on the secretary of state’s website touted the state’s recognition as an all-star state by the National Military Voter Protection Project.

“Ohio’s men and women in uniform endure great personal sacrifice in service to our nation, and one thing they should never have to worry about is exercising their right to vote,” Husted said in the statement on the site. “We have worked with local elections officials to ensure military voting is simple and secure.”

Read the original story here.

Florida and the war on voting

By Billy Joyner, AFGE

Florida Governor Rick Scott is losing his war on voting. His latest defeat was at the hands of Federal Judge Robert Hinkle. Judge Hinkle granted an injunction that prevents the state of Florida from enforcing new, draconian rules on voter registration organizations.

The Florida law, passed in 2011, forced third party organizations performing registration drives to:

  • register all their employees and volunteers with the state,
  • rush all completed applications to the local voter registration office within 48 hours,
  • track every registration form whether completed or not,
  • file monthly reports accounting for all registration forms, and
  • perform other heavily burdensome administrative and legal requirements.

Judge Hinkle noted that the plaintiffs in this case–the League of Women Voters and Rock the Vote among others–will likely win the case thus he was justified in preventing the enforcement of the law in the meantime. The judge noted that the law violated the First and Fourteenth Amendments of the Constitution as well as a national law–the 1993 National Voting Rights Act, also known as the Motor Voter Law.

The Motor Voter Law is important because it guarantees a right to vote – a right that is not specifically guaranteed by the Constitution (it is protected by the Constitution, however). Florida has managed to find many ways to violate the Motor Voter Law. In this case, the law protects the right for organizations to register voters and to do so without undue burdens from the state if those burdens do not serve any legitimate purpose. Judge Hinkle understood what Rick Scott was up to when he signed the law:

“If the goal is to discourage voter-registration drives and thus also to make it harder for new voters to register, the 18-hour deadline may succeed. But if the goal is to further the state’s legitimate interests without unduly burdening the rights of voters and voter-registration organizations, 48 hours is a bad choice.”

By preventing new voters from registering, Rick Scott hopes to prevent young people, minorities, and senior citizens from coming out to vote in November. Why? Well, those groups tend not to favor Governor Scott’s friends. These laws are a heavy burden on the voting rights of many people, but radical voter ID supporters claim they are necessary. However, this is a problem that simply does not exist. In fact, you are more likely to struck by lightening than encounter in voter fraud in this country.

Judge Hinkle can now add his name to a growing list, including Florida Election workers and the Department of Justice, of those fighting to end Rick Scott’s war on voting.

You can add your name too by registering to vote and volunteering.