Open Left - Oklahoma

Two More Exonerations Stress the Need for Credible Evidence

John Terzano - The Justice Project — Mon, 12 Oct 2009 13:15:08 GMT

Two more innocent men have been freed from death row. Just last week, Yancy Douglas and Paris Powell became the 137th and 138th people to be exonerated from death row. The two men were convicted of a drive-by shooting in 1993 based on the testimony of an in-custody informant who had been offered leniency from the prosecution. The prosecutors at trial withheld information about this plea-deal from the defense, which resulted in a new trial. All charges against the two men have now been dropped because of the unreliability of the in-custody informant's testimony, the only evidence that linked Douglas and Powell to the crime.

These exonerations highlight the power prosecutors have in securing convictions by utilizing in-custody informant testimony, even when no physical evidence links a defendant to the crime. Testimony by in-custody informants or "jailhouse snitches" as they are often referred, is a leading cause of wrongful convictions.
With little to lose, jailhouse snitches have great incentives to provide false information to prosecutors in exchange for leniency or other forms of compensation. Deals that are made between prosecutors and jailhouse snitches do not often come to light when a jury has to weigh the evidence is a case.

The exonerations of Douglas and Powell demonstrate, yet again, the very real threat of false testimony and the strong need for corroborating evidence to ensure that accurate and credible testimony is presented to juries in criminal trials. The fairness and accuracy of our justice system is at stake when jurisdictions do not require mandatory, pre-trial disclosures of all incentives given to in-custody informant witnesses, as recommended in In-custody Informant Testimony: A Policy Review.

Unfortunately, Douglas and Powell are not alone in their experiences with a prosecution that withheld important evidence. Such acts are the most common type of prosecutorial misconduct that leads to wrongful convictions. The flawed trial that led to the wrongful convictions and death sentences of Douglas and Powell, along with the cases of the 136 death row exonerees before them, again highlight the urgent need for reform to address the common causes that lead to wrongful convictions. As exonerations continue to occur throughout the country, it is abundantly clear reform is needed to stem the tide of wrongful convictions and begin to restore credibility, fairness, and accuracy to our criminal justice system.

John F. Terzano is President of The Justice Project, a nonpartisan organization that works to increase fairness and accuracy in the criminal justice system.

All Voters are Unequal: Voter ID Law Exposed as Unfair, States Still Follow Suit

project vote — Sat, 03 Oct 2009 04:00:00 GMT

When an appellate court shut down Indiana's unequal mandate for polling-place voter ID, it sent a clear signal that-partisan politics aside-election laws should be assessed on whether or not all voters are given equal access to the democratic process. Yet, despite violations of law and the fact that absentee voting is more susceptible to voter fraud activity than in-person voting, other states continue to emulate what was one of the country's toughest voter ID laws.

While it has long been held (and proven) by voting rights advocates that voter ID is harmful to voters that do not have or cannot obtain required ID (primarily young, low income, and minority voters), the Indiana court's recent decision was based on entirely different criteria. The case was brought on the argument that "Indiana's Constitution requires all voters to be treated uniformly, and that the ID law treats absentee voters and in-person voters differently," wrote Sheila Kennedy, a professor of law and public policy at the Indiana University School of Public and Environmental Affairs in an Indianapolis Star opinion editorial Monday.

"The court unanimously agreed. If the legislature wants to keep the law, in other words, it'll have to apply it to all voters, not just those who show up in person."

However, "partisan politics" shroud the very simple argument that all voters should have the law applied fairly as voter ID supporters scramble to keep the voter ID battle afloat.

In response to Indiana Gov. Mitch Daniel's declaration that the judges' decision was "preposterous...partisan politics," Kennedy wrote that his "rhetoric is unfortunate on a number of levels. It betrays unfamiliarity with the arguments involved, and -- worse -- paints judges as no more than partisans in robes. Such attacks, as the Indiana Bar Association pointed out, undermine the legitimacy of the judicial system."

"In other words," she wrote, "the judges weren't the ones playing politics."

This year, 25 states introduced variations of Indiana's law in their own legislatures. Many failed to see the light of day, but battles are expected in at least five states next year, including Oklahoma, Kansas, Minnesota, Tennessee, and Mississippi.

Mississippi has battled voter ID in the state legislature for years and-in an attempt to circumvent the legislature in 2010-had plans to put an initiative on the state ballot for voters to decide. However, last week, Secretary of State Delbert Hosemann announced that a Republican sponsored voter ID referendum would not be on the ballot until November 2011 due to complications with state law regarding signature gathering, according to the Associated Press. Hosemann's office collected almost 19,000 signatures while the state Republican Party has 40,000. Ninety thousand signatures are required to put the voter ID initiative on the ballot.

The postponement of the referendum is raising suspicions among some. "With statewide elections coming in 2011, GOP officials may be counting on a voter ID referendum to help boost its turnout," a Mississippi publication, the Greenwood Commonwealth editorialized Monday. "There is arguably a lot more at stake for the party in 2011 than the congressional elections in 2010.

"That said, the delay could serve a useful purpose if it focuses the public's attention and that of lawmakers on where the problem of voter fraud really lies - absentee balloting."

Around the Country, Calls for Lawmakers to Address "Real Problems, Not Imaginary Ones"

project vote — Sat, 04 Apr 2009 04:00:00 GMT

As several states enter critical phases in their legislative sessions, the debate for one of the most controversial election reforms continues to dominate headlines and legislative hearings. This year, more than 26 states introduced legislation to go above and beyond federal election law relating to voter ID, despite near consensus among voting rights advocates that it hurts the process far more than it helps. Last week, the hysteria around voter ID reached an all time high in six states, evoking public concern from advocates and citizens alike.
The once divisive issue now has citizens questioning their states lawmakers' obsession with voter ID when there are larger problems in the administration of elections - including voter access issues - that trump the virtually non-existent issue of polling place voter fraud.

"We should be thinking of ways to make voting easier and more accessible to people, rather than scheming up ways to disenfranchise voters," said Pennsylvania resident Tim McCann in a Philadelphia Intelligencer letter to the editor last week. McCann criticized the Intelligencer for supporting voter ID in the state in a March 25 editorial.

"Some states are experimenting with Internet voting, early voting and voting by mail. Instead, we have a bunch of Republican senators who are trying to make it harder to vote - and your newspaper is supporting that effort."

McCann's sentiment was voiced by a number of voting rights advocates who ultimately pressured the Senate to "delay further action" on voter ID last week, according to another March 25 Intelligencer report.

"There's not an issue with impersonation voter fraud" (the only type of illegal activity a voter ID law would prevent), Kathy Boockvar of the nonpartisan group Advancement Project told the Intelligencer.

"Many people, including legislators, may not realize that as many as 25 percent of African Americans, 18 percent of senior citizens, and 15 percent of low-income Americans simply do not have the types of current photo ID required by this bill," Boockvar said.

While the threat of voter ID in Pennsylvania is now in limbo, citizens and advocates in South Carolina and Tennessee are broadcasting their dissent for pending bills in their states.

In a Tennessean opinion piece last week, ACLU National Board Representative Joseph Sweat commented on how his 82-year-old mother in law - who had been voting "since Harry Truman ran for president in 1948" - would be disenfranchised by pending voter ID bills in Tennessee that conflict with current, unrelated law. Sweat's mother-in-law "took advantage of the Tennessee law that allows drivers over 65 to choose not to have their photographs on their driver's license," he wrote. "So, for abiding by this law she may soon be denied the right to vote unless she goes through a lot of unnecessary and downright un-American hassle and expense."

Calling it a "straw man" argument because "proponents of voter ID have failed over and over again to demonstrate that individual voter fraud is a pervasive problem anywhere in the country," Sweat said the passage of such law would equate to a poll tax, impose more problems at the polling place, and cost taxpayers several hundred thousands of dollars despite the already existing economic crisis in the state.

Sweat concluded that, with the state already in economic crisis, the associated costs might quash legislators' thirst for passing one of the seven pending ID bills. Currently, Senate Bill 150 is the only bill to have advanced in the Tenn. legislature in the last week.

A widely reported - and widely opposed - South Carolina voter ID bill (SB 3418) would reportedly affect the voting rights of 343,000 South Carolinians, The bill was scheduled to be heard last week, according to the Associated Press, but rescheduled for today. The outcome of the scheduled hearing is unknown at this time. Opponents of the bill include American Civil Liberties Union, the League of Women Voters, NAACP and AARP, the AP reported.

Three more states have exhibited greater threats of voter ID, one of which actually enacted a voter ID bill just last week.

Although it went largely under the radar, the governor of Utah signed House Bill 126 into law last week, requiring all voters to present either one form of photographic proof of identity (unless it is a tribal ID) or two non-photo IDs proving name and address before voting in person. Earlier this year, the bill was strongly opposed by advocates because it "will disenfranchise hundreds, if not thousands of voters in Utah in order to solve [the] nonproblem," of voter fraud, according to advocates at local blog, Utah Legislature Watch.

Following in Utah's footsteps, the Oklahoma legislature approved a "preventive measure," voter ID Senate Bill 4 yesterday, despite Democratic Governor Brad Henry's "serious concerns about unintended consequences" relating to voter ID legislation, according to the Oklahoman today.

"While the voter ID concept sounds good on the surface, there are valid concerns that such requirements would keep some eligible voters at home, particularly senior citizens," said Henry's spokesperson, Paul Sund. "The right to vote is one of our country's most precious freedoms, and Governor Henry believes lawmakers must be especially careful when they attempt to tinker with this basic right."

If Henry vetoes the bill, SB 4 author Sen. Charles Ford plans to "work on another bill that would bypass the governor and send the question of voter ID to a vote of the people," the Oklahoman reported. However, "House Democratic leader Danny Morgan opposed SB 4, saying legislators' time would be better spent addressing real problems, not imaginary ones" Morgan said that even the Republican House author of the bill could not "offer a case of voter fraud. "It's funny to me that we took up this unnecessary legislation on the same day as we were supposed to finalize a budget for common education," he said.

Despite Oklahoma's intensive efforts to pass voter ID, Texas takes the cake for the dramatic measures legislators have taken to pass or fight voter ID in recent years. After a 23 hour Senate hearing in March that lead to the passage of voter ID Senate Bill 362, the House plans to hold a two-day hearing next week in an effort to "spare the House from a partisan bloodbath," according to the Austin American-Statesman.

"Rep. Todd Smith, chairman of the House Committee on Elections, wants that panel to hear invited testimony April 6, with members of the public welcome to speak April 7," according to the report.

Other "compromises" are being made in alternate drafts of the voter ID bill that "could bring members of both parties together." Rep. Joe Heflin (D-Crosbyton) hopes to present a draft that would phase in voter ID over a four-to-six year period, exempt voters over the age of 65, provide photos on voter registration cards, and ensure the state has money to pay for ID as well as support and expand voter education and registration efforts.

Last week, "he outlined some of his ideas to [Republican chairman of the House committee on Elections, Rep. Todd] Smith, who didn't reject any out of hand, though he said he wants to hear testimony about their feasibility and potential costs before making commitments."

Compromise or not, the Texas publication the Lubbock Avalanche Journal questions lawmakers' priorities in the legislature at such a critical time. "With other seemingly more pressing matters demanding lawmakers' attention, such as the state budget for the next two years and the struggling economy, photo ID is what they're focusing on?"

Opinion writer Jaime Castillo at the San Antonio Express-News wondered the same. "There isn't a district attorney in the state of Texas who says there is a crisis involving people trying to impersonate others in the voting booth," he wrote. "So, to put it into perspective, the Legislature will literally spend weeks debating a voter ID bill that solves no problem."

With one bill enacted, one bill withdrawn, and four more high profile bills pending, it is clear that lawmakers continue to focus on voter ID over other, serious election administration problems, doing nothing to make elections truly fair, honest, and accessible. As the citizens who are less likely to possess required ID tend to already be historically underrepresented in the electorate, it's time for lawmakers to stop the partisan politics and focus their attention on expanding access to the polls, not restricting it.

To monitor voter ID bills in these states, visit www.electionlegislation.org or subscribe to the weekly Election Legislation digest, featuring election bills in all 50 states, by emailing Erin Ferns at eferns [at] projectvote.org.

Irrational Fear of Voter Fraud Inspires Irresponsible Election Reform

project vote — Sun, 01 Mar 2009 17:09:00 GMT

Cross-Posted at Project Vote's Voting Matter's Blog

Weekly Voting Rights News Update

by Erin Ferns

Nationwide, budget concerns seem to be rendering most of this year's threatening election reform proposals impassable. However, that does not prevent these measures from perpetuating the irrational distrust in elections (and voters) that come with restrictive voter ID and voter registration proposals. Instead of focusing on resolutions that would create more transparency in election administration without disenfranchising voters, lawmakers in Oklahoma, Minnesota, Mississippi and Texas made headlines for their battles to move voter ID laws last week, while two more states are discussing bills that would negatively impact young voters.
Claiming voter ID is "about integrity," Minnesota voter ID advocates push House Bill 57, despite criticisms that the issue of voter fraud is "statistically insignificant to the point of being nonexistent," according to the Minneapolis Daily Planet. In addition to the danger of disenfranchising low income and minority voters, opponents fear that the provisions described in the bill could be costly for the state, and could hurt provisional voters as past elections show only one-third of provisional ballots are actually counted.

"The problems we have seen in Minnesota's current election system are frequently a result of unnecessarily complicated systems that allow multiple opportunities for error. This bill adds another layer of responsibility and complication," said Keesha Gaskins, executive director of the League of Women Voters of Minnesota.

While studies have consistently showed that voter purging from faulty list maintenance procedures, varying provisional voting rules, and overzealous election challenger laws compromise election integrity and disenfranchise legitimate voters more than the rare crime of voter impersonation, little effort has been made to resolve these flaws in the administration of elections, and voter ID proposals continue to dominate election reform discussions across the country.

Perpetuating the myth of voter fraud, and perhaps taking advantage of hysterical media exposure on the controversial issue over the last year, Mississippi Senator Joey Fillingane (R-Sumrall) is trying to take the voter ID fight away from legislators and into the hands of voters. Democratic lawmakers, who have "relented to a degree in their opposition" to voter ID, question Fillingane's motives since voter ID legislation- amended to exclude elderly voters or expand the list of acceptable ID - is finally moving through the Legislature, according to the Northeast Mississippi Daily Journal. "Fillingane has one year from Feb. 11 to gather the signatures," though he has reportedly not organized a petition campaign.

At least one media outlet in Texas, and voting rights advocates in Oklahoma, have spoken out against pending voter ID bills in their states with a common theme that the measures are, at best, pointless.

The League of Women Voters of Norman, Okla. said the proposed laws were "discriminatory" and "not in the public interest" in a Norman Transcript opinion piece on Saturday. "Oklahoma has one of the fairest and most efficient election systems in the nation. There is no evidence that voter fraud is or is likely to become a problem here. Oklahoma voters would be better served by focusing on the real issue -- maintaining the integrity of our fine state elections process."

The Waco Tribune-Herald in Texas, while dismissing opponents' argument that voter ID is a "defacto poll tax," also criticized voter ID supporters' arguments that illegal voters are diluting legitimate votes. "That, coupled with the fact some in Texas' emerging Hispanic population see this as racist, leaves us to wonder: Doesn't the Texas Legislature have more important business to do, especially when few instances of such fraud have actually been found?"

Fear of voter fraud is also being used to promote a reform regulating voter registration procedures in Georgia and to discourage a measure to expand the list of acceptable voter ID in Indiana. Both reforms appear to have an impact on young citizens - a consistently underrepresented constituency in the U.S. electorate.

Meanwhile, in Georgia, which faces serious budget issues, lawmakers are trying to put the spotlight on a bill to limit voter registration drives, according to local publication, the Albany Herald. Calling it a "proactive approach," or a reform to stop a voter fraud problem before it starts, lawmakers in Georgia hope to pass H 225, or at the very least "make a splash" in the legislature.

The bill would restrict unregistered voters from handling voter registration cards or conduct voter registration drives in the state.

"One of the objections bill sponsors have encountered as they've debated the measure is wording that would allow only registered voters to take part in voter registration drives. That would eliminate participation by Georgians under the age of 18," the Herald reported. Fear of voter fraud is nothing new to the state, which currently practices a strict photo ID law and has moved at least two bills to require voters to submit proof of citizenship before registering to vote this session.

Indiana, another state that requires photo voter ID, has stalled a bill to expand the list of acceptable ID to include student identification out of fear that it would "weaken current law." The state made headlines during the 2008 primary and general elections when numerous students were turned away from the polls for not meeting the state's requirement of current, state-issued photographic ID.

"How much is too much to ensure the integrity of our electoral process?" asked Minnesota Republican state representative and voter ID supporter, Tom Emmer. If paying the price of legitimate votes and complicating election administration in order to prevent a virtually hypothetical crime is not considered "too much," another question should be asked. How integral is democracy when it comes to election integrity?

Quick Links:
Minnite, Lorraine. "The Politics of Voter Fraud." Project Vote. March 2007.

In Other News:

House OKs registration, voting on the same day - Associated Press
New Mexicans could register to vote at early voting sites and cast a ballot on the same day under legislation approved by the House.

Judge blasts law as vote-fraud prober is paid - Cincinnati Enquirer
Hamilton County taxpayers will pay almost $15,000 to a special prosecutor who investigated allegations of voter fraud, an effort that a judge said Wednesday was a futile exercise and waste of money because of Ohio law.

Voter ID still a Looming Threat for 2009

project vote — Wed, 31 Dec 2008 19:32:32 GMT

Cross-Posted at Project Vote's Voting Matter's Blog

Weekly Voting Rights News Update

by Erin Ferns

After the U.S. Supreme Court upheld one of the country's strictest voter ID laws in April, several states rushed to pass similar bills before the year's end. By December, more than 25 states introduced legislation to require voter ID at the polls. Though none of these bills were successful this year, lawmakers in several states are hoping to revive such restrictive requirements in 2009.

Since July of this year, at least seven states have pre-filed or carried over voter ID legislation for the 2009-2010 sessions, including Nevada, Maryland, Missouri, Oklahoma, South Carolina, Texas and Virginia.
Oklahoma Senator and author of Senate Bill 4, John Ford (R-Bartlesville) is confident the voter ID bill will pass in 2009, despite resistance from the legislature to pass a similar bill earlier this year. However, opponents maintain that such a measure would "suppress the vote among the elderly and among minorities," according to the Tulsa World earlier this month. Furthermore, "there's no documentation of any fraud anywhere in the voting system," said Sen. Jim Wilson (D-Tahlequah).

Last week, Maryland Senator Andrew P. Harris (R-Baltimore County) pre-filed S 43, a bill requiring all voters to provide government issued photo ID when voting at their polling place. Two days later, the Baltimore Examiner reported an effort to require the voters in Anne Arundel County to provide photo ID at the polls. It would be the only jurisdiction in the state to require photo ID.

"My goal is to improve voter confidence in the election system," said Republican Anne Arundel County delegate and voter ID supporter, Nic Kipke. "There is skepticism over the validity of elections."

Despite this assertion, Kipke also admits that there were no instances of voter fraud in the county or the state to inspire the legislation, according to the Examiner.

Voting rights advocates are opposed to such measures in Maryland because such requirements "suppress turnout by intimidating people [away from the polls]," said state ACLU legislative director, Cindy Boersma."They'll feel as if their vote is being tracked. You shouldn't be able to prevent people from voting if they are constitutionally eligible to vote."

In May of this year, voting rights advocates, including Project Vote, helped defeat a voter ID/Proof-of-Citizenship bill (HJR 48) in Missouri. Last week, however, the state appeared to be re-igniting this battle by pre-filing another constitutional amendment to require photo ID (HJR 9).

Other states, including Mississippi, have recently made headlines for similar legislative plans for the new year. Secretary of State Delbert Hosemann is reportedly proposing to "expand the powers of the secretary of state," by way of multiple election reform measures, including voter ID. In 2008, voter ID was a top election issue in the state with the introduction and failure of several voter ID bills in both the regular and special sessions. In 2009, Elections Committee Chairman Sen. Terry Burton, R-Newton, "said he would produce [voter ID measures] and other legislative measures on a piece-by-piece basis rather than inserting all Hosemann's voter legislation in a Senate omnibus bill this year," according to the Jackson Free Press.

Currently, eight states either require or request government issued photo ID. Eighteen more states exceed Help America Vote Act requirements and request both photo and non-photo ID in order for voters to cast their ballots.

Beginning next week, states will begin convening for the 2009-2010 legislative sessions. To monitor voter ID or other election reform bills in 20 states, visit www.ElectionLegislation.org (registration required). To receive a weekly update on election legislation in 50 states and related news, please email eferns@projectvote.org.

Quick Links:
www.ElectionLegislation.org
"Voter ID Requirements." Project Vote (Web page).
"Voter ID Requirements by State." Project Vote

In Other News:

N.C. voter participation swelled in 2008 - Raleigh News & Observer [N.C.]
Democracy North Carolina says 2008 was the Year of the Voter.

Voting changes proposed: Measure would allow early voting, more absentees - Associated Press
RICHMOND (AP) - Virginia voters would find it easier to avoid long lines on Election Day if legislation submitted for the 2009 General Assembly becomes law.

Lawmakers Target Individual Voters, While Failing to Address Systemic Problems

project vote — Thu, 04 Dec 2008 21:36:20 GMT

Cross-posted at Project Vote's blog, Voting Matters

Weekly Voting Rights News Update

By Erin Ferns

Recent analyses of the 2008 general election find that overall participation increased on November 4, with a significant surge in voter participation among historically underrepresented Americans. Yet, while some lawmakers have been inspired by the recent voter turnout to propose election reforms that expand access to voting rights, others continue to focus on creating additional barriers to voting.
While new legislation aims to create additional hurdles to prevent one of the rarest election crimes-individual voter fraud-- some more serious election administration problems have still not been addressed a month (and, in some cases, years) after they were identified as Election Day problems, and little to no legislation to improve the way states manage voter rolls or distribute provisional ballots has been filed to date.

"I know there's a perception out there that this election proceeded more smoothly than the one four years ago," said election law expert at Ohio State University, Dan Tokaji in a recent Associated Press report. "But it's also clear from this election that we've got serious problems that remain," he said.

The inconsistency among states in interpreting federal election law is proving problematic in the administration of elections. Provisional ballots, for example, which are granted to voters who encounter "voter registration problems or because a person had signed up to vote by mail but wanted to cast their ballot at the polls," are counted differently from state to state, rendering many legitimate ballots ineligible if not cast within the correct county or even precinct.

In Colorado, a recent lawsuit to look into the questionable purging of 44,000 voters led to the investigation of whether 69 rejected provisional ballots were actually legitimate, according to Rocky Mountain News reporter, Myung Oak Kim.

"The analysis is being done as a result of a lawsuit filed last month by state and national voter-rights groups against Secretary of State Mike Coffman," Kim wrote. "The plaintiffs claimed that Coffman inappropriately removed scores of people from the voter rolls in violation of a federal law that prohibits purging of voter files within 90 days of a federal election. Coffman contends that it was legal to remove 44,000 voter files since May."

About 365 voters with canceled registrations cast provisional ballots, wrote Kim. Statewide, more than 53,000 provisional ballots were cast, about 80 percent of which were actually counted.

In 2004, acceptance rate of provisional ballots varied from 96 percent in Alaska to 6 percent in Delaware, according to a Project Vote report, Maximizing the Effectiveness of Provisional Voting.

These kinds of inconsistencies are also being challenged in Ohio for their potential to violate "citizens' equal protection and due process rights," according to the Associated Press . The report announced the court's decision to move forward with a lawsuit challenging the state's voting system after the 2004 presidential election.

"The Ohio lawsuit cites examples of voters in some counties who were misdirected by poll workers, believe their votes were miscounted or not counted at all, found broken or not enough voting machines at their polling sites, and it also alleges misuse of provisional ballots. It claims the irregularities fell disproportionately on minority voters," AP reports.

The case, filed by the League of Women Voters three years ago, cites election system issues that date back to 1971. And yet the problems persisted in 2008, according to Pete Johnson of The Free Press. According to this story, a coalition of Election Day observers from The Columbus Institute for Contemporary Journalism and the Ohio Green Party found an "outrageous" number of provisional ballots being distributed in inner city precincts due to misinterpretation of voter ID law and even data errors on voter rolls. Malfunctioning machines were also reportedly a serious voting inhibitor.

Despite state compliance issues with state and federal election law to protect and facilitate voting rights, from registration to ballot casting, several states are attempting to institutionalize barriers instead.

After instituting Same Day Registration during the early voting period this year to the dismay of state partisans, Ohio Republican lawmakers are attempting to halt the practice by passing a bill (SB 380) that would require voters to be registered 30 days before the early voting period, according to the Cincinnati Enquirer. Most states require voters to register 30 days before the actual election.

Proposals in other states to implement Same Day or Election Day Registration are being met with resistance from election officials. In West Virginia, for example, according to local newspaper, Beckley Register-Herald, "a proposal before a legislative interims panel would allow potential voters to come by Election Day, get registered and promptly mark ballots, all in one convenient trip."

But many elections clerks are against the proposal out of unsubstantiated fear of voter fraud.
"They don't realize what a monster they're trying to create," Raleigh County, W. Va. Clerk, Betty Riffe said of proposed EDR in the state. "They should, with other states trying it and all the problems they've had. I don't think it's a good idea." According to public policy group, Demos, voter fraud in EDR states is rare. Over three federal election cycles (1999-2005), "only 10 discrete incidents of voter fraud or alleged voter fraud that appeared
to have some merit [were found]. Of these, there was only one case of voter impersonation at the polls-ironically one of the most frequently claimed abuses when fraud enters the public debate."

And the isolated voter fraud problems that led to federal investigation "were directly attributable
to clerical errors, poll worker shortages and incompetence, not any organized scheme or intent on the
part of voters to scam the system," according to the report.

The Orlando Sentinel criticizes the "movement brewing to overhaul the nation's system of elections through a series of federal mandates." The editorial not only slams the prospect of federally mandated Election Day Registration because of the "chaos" that uninformed voters would bring to the polls, but inexplicably dismisses the idea of providing high school graduates the opportunity to register to vote.

"In Florida, the deadline is about one month before the general election. It's hard to muster much sympathy for someone who doesn't start paying attention until a few weeks before Election Day."

The editorial trivializes the need for such reforms by pinning the problem on the voter who, presumably, could not take the time to register before Election Day. In reality, voters who do not have stable residences and set incomes face more hurdles when it comes to registering to vote and staying on the rolls. Young, low income, and minority voters change residences at much higher rates than the national average of 14 percent, according to recent Census Bureau data. This requires them to go through the often untimely process of re-registering whenever they change residences and the headache that may result from overzealous list maintenance procedures (as illustrated in Colorado). Election Day Registration would help ameliorate those problems.

Like the argument against EDR in West Virginia, unsubstantiated claims of voter fraud are also perpetuating the demand for voter ID by lawmakers in numerous states for the 2009 legislative sessions.

In Mississippi, secretary of state and longtime voter ID advocate, Delbert Hosemann hopes to resurrect nine failed voter ID bills from 2008 by supporting early voting as long as it involves voter identification in 2009, according to the Northeast Mississippi Daily Journal. However, House Apportionment and Elections Committee Chairman Tommy Reynolds said the two reforms are unrelated and should not be tied together.

Maryland, another state hoping to pass a voter ID law, is also making headlines.

"Republican Delegate Nic Kipke drew headlines earlier this month when he said he would propose the requirement for Anne Arundel County during the 2009 General Assembly session," according local publication, the Frederick News-Post. However, lawmakers say that the law, which is criticized for its potential to "disenfranchise poor voters because there is a fee for state-issued identification such as a driver's license" is unlikely to pass.

Finally, one state actually has a voter ID bill filed and ready to be heard in 2009. The Oklahoma bill will be carried over from the 2008 session, according to the Associated Press. "Senate Bill 4 changes the types of documents that would be required, but still requires voters to provide identification. The new measure requires a photo identification that is issued by the federal government, state government or a tribe. If one of those items is not available, the voter can show a county-issued voter ID card."

Seemingly ignoring numerous lawsuits and reports that point to systemic problems in recent elections, lawmakers continue to point the finger at individual voters-not the state election system-as the biggest threat to election integrity. Enacting laws to prevent the rare crime of voter fraud does not alleviate the real issue of long lines, misuse of provisional ballots, data errors on voter rolls, or voting machine malfunctions. Until states get the system right, and remove state-to-state inconsistencies and barriers to participation, shouldn't the real focus be on reforms that create easier access to voting such as EDR?

Quick Links:
www.ElectionLegislation.org

In Other News:

Some confusion over motor-voter - Fredericksburg Free Lance Star [Va.]
A Virginia driver's license is not a ticket to vote.

OPINION: Where Are The New Voters? Look Closer: Overall Turnout Increased, But Some Sections Of The Population Took A Giant Leap Forward - National Journal
Given voter registration spikes and widespread predictions that this year's turnout would shatter records, it's tempting to look at exit polls and ask: Where did all the voters go?

After 2008 Election, Some States Want to Make Voting Easier; Others Determined to Make it Harder

project vote — Sat, 22 Nov 2008 17:32:40 GMT

Cross-posted at Project Vote's blog, Voting Matters

Weekly Voting Rights News Update

By Erin Ferns

Following an historic turnout in the 2008 election comes a flurry of election reform agendas from both sides of the battle over voting rights. Since November 4, some state lawmakers have seized on the success of early voting and Election Day Registration (EDR) as models for facilitating voter registration, while others appear to have been threatened by the heightened turnout and inspired to introduce restrictive voter ID and proof-of-citizenship bills for the 2009 legislative session.

Following what appears to be significant progress this year in closing participation gaps among historically underrepresented young and minority voters, we review Election Day stories in states with voter ID and EDR laws, and preview next year's legislative battle for election reform.
Election Day Registration

In North Carolina, lawmakers report being "proud" of the implementation of the state's 2007 Same Day Registration law, which permits early voters to register and vote at established "One-Stop" voting sites, according to the Raleigh News and Observer. In the 2008 primary and presidential elections, the law seemed to boost voter registration while cutting the use of provisional ballots by more than half, compared to figures from the 2004 election. On average, EDR states tend to outperform non-EDR states in election outcome by a minimum of 10 percentage points, according to public policy group, Demos.

"State Rep. Paul Luebke said he expects other states to model North Carolina's early voting system," according to the report. "The only change he would suggest for the next elections would be to standardize the hours, encouraging local boards of elections to stay open longer in early voting."

Despite the smooth success of Same Day Registration at early voting sites in North Carolina and other states,Republican lawmakers in Ohio are pushing to end the state's new mandate to allow voters to register during the early voting period.

State Republicans recently announced that they would file legislation to move the voter registration deadline to 65 days before Election Day, according to an Associated Press report. They hope to pass the bill before the 2008 session ends "and a new, Democratic-controlled House takes over in January."

However, election law expert Dan Tokaji said the bill will likely run into opposition as "federal law clearly prohibits states from having registration deadlines earlier than 30 days before an election."

Before the Nov. 4 election, the "Republican Party sued Secretary of State Jennifer Brunner to stop the same-day window...but state and federal courts upheld it."

Brunner has planned an election summit in December to review the elections process and will likely not adhere to any changes before the new legislature takes over, according to the AP report.

Meanwhile, states like West Virginia are considering implementing Election Day Registration, which currently exists in about eight other states in its traditional form whereby eligible citizens may show up at their polling place on Election Day, register to vote and cast a ballot. First implemented in Maine in 1973, EDR is also practiced in Minnesota, Wisconsin, Idaho, Iowa, Montana, New Hampshire and Wyoming. Other states, like North Carolina, Ohio and Connecticut permit variations of the option to register and vote at the same time, either during an early voting period, or-in the case of Connecticut-on a special ballot that only allows them to vote for the president.

"I lost my card, and I didn't think I could do it too close to the time," said one West Virginia voter and supporter of an EDR law, according to Parksburg, W. Va. News station, WTAP. "So, if it was that way, I could have voted."

However, Woods County clerk, Jamie Six, who "studied the idea for the state clerk's association" is against the implementation of EDR.

"The poll workers have a long and very busy day already," Six said. "And to add this to their plate to take care of on election day, we don't feel it would be fair."

While EDR in the state is unlikely, Six says it is possible to allow voters to register during the early voting period. "A committee of the West Virginia Legislature is to hear from Six on Monday," according to WTAP.

In the 2008 session, about 19 states introduced EDR legislation. Bills are pending in four states: Massachusetts, New Jersey, New York, and Ohio. None of these bills have moved since this summer.

At least two states, Texas and Montana, which currently practices EDR, have pre-filed several bills relating to EDR for the 2009 session.

Voter ID

While some states were facilitating voter registration and voting this year, Indiana - home of the country's strictest voter ID law - reportedly turned some of its young voters away without casting a regular ballot, and even encouraged poll workers in other states to mandate voter ID when no such law existed in the first place.

Despite being properly registered and equipped with out-of-state and student ID, the young voters were only allowed to vote provisionally on Nov. 4, leaving some discouraged and others in tears, according to a letter to the Indianapolis Star by Leon Riley, an election official at Butler University's Hinkle Fieldhouse precinct.

"The Indiana voter ID law amounted to disenfranchisement for a number of young, well-informed voters, as well as some voters who have various limitations of resources, transportation and problem-solving ingenuity. Is this what we want for some of our brightest and best, or for some who need help along the way? In fairness, this unnecessary barrier must be abolished," wrote Riley.

The day before the election, an emergency motion was filed to stop enforcement of the voter ID law based on constitutional violations. The 7th Circuit Court of Appeals in Chicago denied the motion a week later without citing any reasons why, according to the Indiana Lawyer.

With the controversy over the U.S. Supreme Court's upholding of Indiana's voter ID law, and a flurry of voter registration fraud allegations in the weeks before the election, poll workers in some states appeared confused over their own states' laws. Voters in Mecklenburg County, Virgina, for example, complained that poll workers illegally asked them to provide proof of identification, including photo ID, according to the Smith Hill Enterprise. There were also reports of misleading signs outside of polling places that indicated photo ID was required.

The misinformation amounted to a misinterpretation of the Help America Vote Act, which required voters who registered by mail after 2003 to provide proof of ID.

"The voter being asked to present a photo ID is not the preferred language to use," said Jessica Lane of the State Board of Elections. The preferred language, she said, is to ask for "a form of ID."

Whatever the intention, voters were set back after waiting hours in long lines, leaving to get their IDs, or possibly, not return at all, according to the Enterprise.

"I am registered with neither party. I am a devout independent with libertarian leanings, but I believe in the constitution and the fact that everyone needs to get out and vote," wrote one concerned voter. "Was anyone denied the right to vote? If they did not have a photo ID and saw the sign, did they say 'Oops. I guess I can't vote' and leave?".

For voter ID advocates, preventing the extremely rare crime of individual voter fraud is worth the risk of compromising a voter's right to cast a ballot. However, preventing many eligible voters from casting a ballot just to prevent a rare crime hardly seems on par with democracy. A four year investigation by the federal government found only 24 instances of voter fraud out of more than 214 million votes cast. Several studies have found that a number of already under-represented Americans - primarily young, elderly, minority and poor - would have a difficult time meeting the requirements. These studies include a Brennan Center survey that found 21 million Americans were without the required identification; a University of Washington study that found about a quarter of Indiana's young, African-American and low income voting-age populations lack the necessary ID; and a University of Georgia study found the state's Latino and Black voters were twice as likely not to posses required ID compared to White voters.

Yet despite the lack of evidence of voter fraud, and a well known, recent history of young and elderly voters missing out on the democratic process in Indiana (including Indiana nuns and Notre Dame University students who were turned away in the 2008 primaries) lawmakers in states like Oklahoma and Texas are hoping to make voter ID a reality in 2009.

While acknowledging that Oklahoma Speaker of the House Chris Benge "and the others pushing for a voter ID system have a certain level of common sense on their side (one idea is to offer free ID with their plan), Wayne Greene of the Tulsa World dismisses the argument that if people are required to show photo ID to cash a check, they should be required to show ID when they vote. Greene points out that there is plenty of evidence of people attempting to cash fraudulent checks, but no evidence of people attempting to cast fraudulent votes in Oklahoma.

"Benge told me he didn't have any examples of fraudulent voting to justify what sounds like a pretty expensive free ID system," Greene says. The state, which introduced and failed seven voter ID bills this year, will convene for the 2009-2010 session next February.

Immediately after Election Day, lawmakers in Texas - where there was a serious voter ID battle during the 2007 session - pre-filed a few bills requiring voter ID as well as proof-of-citizenship at registration.
Supporters of voter ID hope to have it in effect by the next gubernatorial election, according to local publication, Athens Daily Review.

In total this year, 25 states introduced voter ID bills, and bills are still pending in four states: Illinois, Massachusetts, New Jersey, and Pennsylvania.

Track these and other election-related bills by visiting www.ElectionLegislation.org.

After this presidential election's phenomenal turnout that showed the American electorate is finally closer to representing all of its citizens, lawmakers should recognize that voters take this fundamental right seriously. The passage of laws that help facilitate that right are far more conducive to a fair and healthy democracy than the passage of those that prevent some citizens from voting at all.

Quick Links:
www.ElectionLegislation.org

In Other News:

More minorities voted this year, but white turnout dropped - McClatchy Newspapers
WASHINGTON - Barack Obama's 8.5 million-vote margin over John McCain was fueled by a more than 20 percent surge in minority voting, a new analysis of exit polling data suggests.

Minnesota group asks feds to investigate problems with state's voter rolls - Associated Press
ST. PAUL (AP) - A group opposed to Minnesota's same-day voter registration law has asked the U.S. Department of Justice to investigate problems it suspects with the state's voter rolls.

Woman seeks limits on mentally disabled voters - Associated Press
GRINNELL - A Deep River woman wants to change a[n Iowa] state law to require that mentally disabled voters be supervised when they cast a ballot.

Erin Ferns is a Research and Policy Analyst with Project Vote's Strategic Writing and Research Department (SWORD

Who Gets To Vote? States Battle Over Voter ID and Election Day Registration

project vote — Thu, 29 May 2008 18:25:04 GMT

Cross-posted at Project Vote's blog, Voting Matters

Weekly Voting Rights News Update

By Erin Ferns

In light of the U.S. Supreme Court's decision to uphold Indiana's voter ID law, the state-by-state battle to pass similar legislation has escalated with politicians seeking partisan gain furiously pushing laws that hinder access to the ballot. However, lawmakers seeking to dismantle barriers to electoral participation are just as committed to election integrity and protecting the voting rights of potentially millions of voters by calling out voter ID laws as "sheer political posturing." Meanwhile, positive measures to increase participation through Election Day Registration (EDR) are gaining ground in several states even as Iowa prepares to test-drive its new EDR law in the June 3 primary.
Voter ID

Last week, two states introduced new voter ID bills, including Mississippi. The state - which convened for a "costly special session" - introduced two new voter ID bills after seven failed at the end of the 2008 regular session in April. One bill, S 2004a passed, but is expected to die in the House, according to Jackson, Miss. publication, The Clarion Ledger. The other state, North Carolina introduced voter ID bill, H 2284, explicitly citing the Supreme Court's Indiana decision and the state's unspecified "voter fraud history" as reason to enforce voter ID.

This week, stubborn Illinois politicians extended the deadline to pass voter ID bill, H 4403 for the third time since the bill was introduced in January. The state is projected to adjourn on May 29. Illinois' openness to continued efforts to pass a voter ID bill was not mimicked in Massachusetts on Tuesday when lawmakers blocked an effort to allow voter ID legislation in the city of Lawrence, according to The Eagle Tribune.

The Lawrence bill passed the city council in February in hopes of silencing "frequent rumors of electoral fraud and voter mischief," the mayor, Michael Sullivan, said. In another interview, Sullivan admitted he was not aware of actual voter fraud in the state, the Eagle Tribune reported. Even on the national level, voter fraud is exceedingly rare. Between 2002 and 2005, the federal government was able to secure just 24 voter fraud convictions out of 214 million ballots cast in federal elections during the same period, according to Project Vote report, The Politics of Voter Fraud.

Despite nine pending voter ID bills, such legislation is unwelcome in Mass., having a "powerful enemy" in chief election officer and Secretary of State William Galvin and organizations such as MassVote and the state ACLU, which "contended requiring voter ID was an unreasonable burden on voter access."

While the Mass. legislature blocked the bill to avoid setting "a precedent of allowing individual communities to have different election laws," Delaware politicians were less concerned with confusion and disenfranchisement. State legislators enacted a law permitting Milton city councilors to pass an ordinance requiring both proof of citizenship to register to vote and voter ID to cast a ballot.

This legislative session, Project Vote has monitored 25 states that introduced numerous voter ID bills. Currently, six states are still considering such legislation. To track some of these bills, visit ElectionLegislation.org (registration required).

Election Day Registration

On the positive side of election reform, several states are considering or preparing to implement a measure that "significantly increases the opportunity to cast a vote and participate in American democracy."

Iowa will "test" a new law allowing citizens to both register and vote on Election Day during the June 3 primary, according to the Associated Press. "It will be a good test for the county commissioners, because in November there will be a flood of people," said Secretary of State Michael Mauro.

The AP noted fears of voter fraud as a result of convenient registration procedures like EDR.

However, "administered effectively, Election Day Registration may actually provide more security for the ballot, not less," according to Demos, a research and advocacy organization. "As the secretary of state of Minnesota [Mark Ritchie] recently put it, 'EDR is much more secure because you have the person right in front of you-not a postcard in the mail. That is a no-brainer. We have 33 years of experience with this.'"

Election Day Registration helps enfranchise historically underrepresented communities, including minorities and young people. Currently, eight states allow same day registration, most of which boast a turnout rate 10-12 percent above the national average, Demos reports.

Last week, Ohio joined the ranks of seven other states that are currently considering EDR. The state introduced House Joint Resolution 6 to provide for same day registration. It is currently in the House committee on State Government and Elections. Same day registration is also being considered by Congress. Earlier this month, Sen. Russell Feingold introduced an EDR bill, S 2959. The bill is currently in the Senate Committee on Rules and Administration. To monitor Election Day Registration bills, visit ElectionLegislation.org or Demos.org.

Quick Links:
Voter ID:
Bills and Contact:
Miss. Senate Bill 2004a
Sponsor: Sen. Terry Burton (R-31)
Resources:
BLOG: Counter framing Voter ID: Voting is a Right, Not a Privilege. Voting Matters Blog.
Citizens Without Proof: A Survey of Americans' Possession of Documentary Proof of Citizenship and Photo Identification. Brennan Center for Justice at NYU School of Law.
EDR:
Bills and Contact:
Mass. S 2514
Sponsor: Joint Committee on Election Laws
Mich. H 410
Sponsor: Rep. Bettie Scott (D-3)
Neb. L 803
Sponsor: Sen. Ray Aguilar (NP-35)
N.J. S 141
Sponsor: Sen. Raymond Lesniak (D-20)
N.Y. A 4488
Sponsor: Asm. Michael N. Gianaris (D-36)
N.Y. S 581
Sponsor: Senate Rules Committee
Ohio HJR 6
Sponsor: Rep. Tyrone K. Yates (D-33)
Okla H 3035
Sponsor: Rep. Ryan McMullen (D-55)
Resources:
www.Demos.org

In Other News:

The Vote Fraud Bogeyman: Evidence suggests that rampant voter fraud is a myth, and voter-ID laws may suppress votes rather than protect them - Newsweek
Just as a sizable fraction of American children firmly believe in a bogeyman in the closet, many American adults are gripped by the paranoid fear that the opposing political party regularly steals votes-Democrats allegedly do this through vote fraud (i.e., casting ballots for dead people) and Republicans apparently do so through vote suppression (i.e., preventing voting through intimidation or misinformation).

Arizona to seek dismissal of challenge to voter ID law - Associated Press
State officials say a challenge to Arizona requirements for voter identification and proof of citizenship should be thrown out in the wake of a U.S. Supreme Court decision upholding Indiana's voter ID law.

Erin Ferns is a Research and Policy Analyst with Project Vote's Strategic Writing and Research Department (SWORD).

One Down, Three To Go, or, Do You Have Any Friends in Hawaii, North Dakota or Oklahoma?

Living Liberally — Fri, 23 May 2008 22:00:00 GMT

Drinking Liberally Shot of Truth

A few weeks ago, we asked some of our favorite activist friends if they had any friends in West Virginia, and man, did they deliver. Now we just need one more favor from you - to let us know if you have any leftie buddies in Hawaii, North Dakota or Oklahoma who'd like to help liberals organize over a few drinks.

In late April, as we moved closer to Drinking Liberally's 5th anniversary this Thursday, May 29th, we noticed just how close we were to hitting all 50 states, with, until recently, only 4 states left: the Aloha State (HI), the Peace Garden State (ND), the Sooner State (OK) and the Mountain State (WV). With that in mind, we made it our May goal to create Living Liberally chapters in all 50 states by May 29th, and simultaneously celebrate our 5th anniversary and a truly 50-bar strategy. We started by asking you to help us out with West Virginia.

Today, we have not just one, but two new West Virginia chapters soon to officially enter into the network, that will both hold their first meetings in the next few weeks - one in the state capital of Charleston, and one in Martinsburg.

That only leaves three states left - and we're going to have to ask again - know any liberals in Hawaii, North Dakota or Oklahoma?

Please don't make Howard Dean take back his words:

Block The Vote! Proof of Citizenship On The Rise, Flashpoint Mo.

project vote — Thu, 15 May 2008 17:57:43 GMT

Cross-posted at Project Vote's blog, Voting Matters

Weekly Voting Rights News Update

By Erin Ferns

Requiring proof-of-citizenship in order to register to vote is the latest addition to voter suppression arsenal. Spurred by Arizona's 2004 implementation of proof of citizenship requirements and the recent U.S. Supreme Court decision to uphold Indiana's strict voter ID law, proof of citizenship bills - often coupled with voter ID - are gaining traction across the country. With more than 13 million Americans lacking ready access to citizenship documentation and scant evidence of voter registration fraud by non-citizens (or any voter for that matter) leading to illegal votes, proof of citizenship requirements could have a significant impact on the electorate. Wasting no time after the high court's decision, the neighboring states of Kansas and Missouri have swiftly moved forward with efforts to pass such legislation that could take effect in the November election.
Missouri's HJR 48 - a constitutional amendment to require proof of identification at the polls - also requires proof of citizenship in order register to vote. As the New York Times reported on the front page Monday, "sponsors of the amendment - which requires the approval of voters to go into effect, possibly in an August referendum - say it is part of an effort to prevent illegal immigrants from affecting the political process. Critics say the measure could lead to the disenfranchisement of tens of thousands of legal residents who would find it difficult to prove their citizenship."

Missouri's own Secretary of State, Robin Carnahan estimates 300,000 voters could be disenfranchised this November for what she considers to be a Republican wild goose chase for "'mythical problems,'" according to ConsortiumNews.com and the Associated Press, respectively.

Carnahan questions the type of "voter fraud" cited by advocates - including the ultimately rectified voter registration of a dog - as none of it would be resolved by voter ID, according to the Columbia Daily Tribune: "Have we had instances of improper voting registrations? Yes. Have we had instances of improper absentee voting? Yes. Is this government ID to vote going to impact any of those? No."

Carnahan said there have been no reports of voter impersonation fraud in the state, rendering requirements to prove citizenship to register and identity to vote useless at best and disenfranchising at worst.

The situation in Missouri is especially urgent as the state Senate must decide the fate of the constitutional amendment before the legislative session ends Friday. And even if the amendment fails to come to a vote, the governor has the option to call a special session just to consider this highly partisan (it passed in the Missouri State House on a strict party-line vote) measure. Advocates are preparing for the worst and gearing up to fight the amendment at the ballot box in August.

Rapidly progressing proof-of-citizenship/voter ID hybrid legislation is not exclusive to Missouri. Last week, Kansas' legislature approved HB 2019, a measure to require both proof of citizenship at registration from first-time applicants and voter ID from all voters at the polls. Despite approval by the legislature, Gov. Kathleen Sebelius' office is expected to veto the bill "as she has other voter ID legislation in the past," according to the Wichita Eagle.

"To its earliest proponents, voter registration was intended as an anti-fraud safeguard" and occurrences of fraud have been rare, according to Project Vote report, "The Politics of Voter Fraud." According to the report, between 2002 and 2005, 21 non-citizens were prosecuted for voter registration fraud across the country. Four of these were dismissed, one was acquitted, three pleaded guilty and thirteen were convicted.

And despite their best efforts, the federal government was only able to secure convictions of 11 non citizens for voting illegally during the same period. That is to say, 11 votes out of 214 million cast for federal elections were by non citizens.

In addition to allegedly preventing the rare crimes of voter registration fraud and voter impersonation fraud - crimes for which there are already laws on the books to prevent - citizenship and ID requirements create obstacles for many Americans who want to participate in the democratic electoral process. Polling data by a Brennan Center for Justice at NYU School of Law survey found that 13 million individuals were without ready access to citizenship documentation, including birth certificate, passports and naturalization papers.

Currently, only Arizona requires proof of citizenship to register to vote. Since adopting the measure in 2004, more than 38,000 voter registration applications have been thrown out, according to the New York Times. "More than 70 percent of those registrations came from people who stated under oath that they were born in the United States, the data showed."

To date, Project Vote has monitored proof-of-citizenship bills introduced in 19 states, including Kansas' HB 2019 and Missouri's HJR 48. Currently, 11 states have pending proof of citizenship legislation. To track these bills, visit Project Vote election bill tracking website, ElectionLegislation.org.

The following states are considering proof of citizenship requirements at registration as of May 15, 2008: Calif., Ill., Kan., Mass., Mich., Minn., Mo., N.Y., Okla., S.C., and Tenn.

Quick Links:
For more information on the fight in Missouri contact Laura Egerdal at 314-363-5571 or Missourians for Fair Elections at mofairelections@gmail.com.
Pending Proof of Citizenship Bills:
Calif:
A 2317
Sponsor: Asm. Mimi Walters (R-73)
Ill.
S 103
Sponsor: Sen. Chris Lauzen (R-25)
Kan.
H 2019
Governor: Kathleen Sebelius
Mass.
H 648
Sponsor: Rep. Paul K. Frost (R-7th Worcester)
H 653
Sponsor: Rep. Bradford R. Hill (R-4th Essex)
Mich.
H 5337
Sponsor: Rep. David Law (R 39)
Minn.
S 188
Sponser: Sen. Amy Koch (R-19)
Mo.
HJR 48
Sponsor: Rep. Stanley Cox (R-118)
H 1317
Sponsor: Rep. Cynthia L. Davis (R-19)
N.Y.
S 6543
Sponsor: Sen John J. Flanagan (R-2)
Okla.
H 1803
Sponsor: Rep. Randy Terrill (R-53)
S 417
Sponsor: Sen. Anthony Sykes (R-24)
S.C.
H 3343
Sponsor: Rep. Gloria Haskins (R-22)
Tenn.
H 408, H 409
Sponsor: Rep. Curry Todd (R-95)
H 3050, H 3052
Sponsor: Rep. Jason Mumpower (R-3)
S 1610, S 1611
Sponsor: Sen. Mark S. Norris (R-32)
S 2794, S 2810
Sponsor: Sen. Jim Tracy (R-16)

In Other News:

BLOG: Missourians: Take Action Now or Lose Voting Rights, Dem Victory - Art Levine; Huffington Post
Missouri, the battleground state that has accurately picked the presidential winner in every election since the 1950s, now faces an unprecedented peril this week: the theft of the voting rights of at least 240,000 of its citizens (nuns included) and the sure loss of the swing state of Missouri to Republicans in the Presidential race in November. And If Obama, the presumptive nominee of the Democratic Party loses Missouri, he will likely lose the fall election as well.

Wyo works to avoid absentee ballot fraud - Jackson Hole Star Tribune
CHEYENNE -- Wyoming county election officials appear to be well ahead of other states in how they prevent fraud with absentee ballots in nursing homes.

Confusing ballot designs still plague elections - Associated Press
The solution should have been a no-brainer, voting experts say. After all, it was a badly designed ballot that enflamed the 2000 election meltdown and introduced the vagaries of chads to the political lexicon - pregnant, hanging and otherwise.

Erin Ferns is a Research and Policy Analyst with Project Vote's Strategic Writing and Research Department (SWORD).

Youth Voter Participation Surges - But So Do Voter Suppression Attempts

project vote — Thu, 17 Apr 2008 18:39:45 GMT

Cross-posted at Project Vote's blog, Voting Matters

Weekly Voting Rights News Update

By Erin Ferns

Young voters have arrived.

Finally.

Since the voting age was lowered to 18 in 1972, predictions of the increasing impact of young voters on the outcomes of elections have consistently been proven wrong on Election Day. In fact, youth voting rates have rarely been as strong as they were in 1972 and young people continue to be among the least represented groups in the electorate and in the voting booth.

Until now.
The 2008 primary season, remarkable for so many reasons, has seen a veritable firestorm of interest from young people that has driven their civic participation rates to record-setting levels. Super Tuesday alone yielded 3 million votes from voters younger than 30 while voter registration rates have increased exponentially across the country. As states with upcoming primaries brace themselves for the influx of voter registration applications - and even the possibility of youth "swinging" Pennsylvania's election next week - presidential candidates and youth voting advocates have taken a more "hands on" approach in engaging young voters in the political process. However, as we've seen when other historically underrepresented groups dramatically increase their participation, partisan agendas centered on excluding people from the electorate bring forth rules and regulations - often couched in terms of "ballot integrity" or "combating voter fraud" - that restrict access to the ballot.

"Candidates are tapping into the so-called millennium generation, the children of baby boomers who grew up demanding much from their elders and keenly interested in the world around them," wrote Barbara Barrett of Pennsylvania's Centre Daily Times Monday. "Everyone is sick and tired of the way things are going, and they want change," a Penn. State voter told Barrett. "Now is a good year for young people."

Presidential campaigns and groups like Rock the Vote have been reaching young voters through Internet networking and texting, an effective way of reaching highly mobile young people, according to a 2007 study by the Student PIRGS. The report found text message reminders to vote increased likelihood to turnout by 4.2 percentage points.

"Now reaching the masses, particularly the younger masses, means putting the power in their hands," the Associated Press reported Monday. All candidates have visited college campuses as part of their youth outreach campaigns. But both Barrett and the Associated Press point to presidential hopeful Barack Obama - who recently rallied 20,000 "shrieking, sign-waving" Penn State students and promised a game of basketball with high school and college students who helped register Indiana voters - as one of the biggest reasons for the revival of the youth electorate.

"[Obama] has drawn a lot of momentum from the buzz generated by young people, whose cultural upbringing has been in a highly fragmented media world of online social networking,"AP reported. Future Majority's Michael Connery also commented yesterday on the difference in Obama's campaign: "It's not just technology and it's not just star power. It's a real commitment to field organizing, and making sure that young people are targeting their fellow youth. In other words, it's all about the peer-to-peer organizing."

Engaging voters in the political process and allowing them to take part in campaigns, voter registration drives, and even media coverage, helps foster a healthy democracy and balances the electorate. In midterm election year 2006, just half of eligible voters younger than 30 were registered to vote. The disparity was even greater among young voters of color. While 54% of white youth were registered, just 46% of Black and 43% of Latinos were registered. In 2008, however, young Latinos are "shaping up to be this election's 'soccer moms,' a decisive group of swing voters," the San Francisco Chronicle reported yesterday.

In an effort to reach the millions of young Latino voters, non-profit group, Voto Latino and SiTV, a cable and Internet company created "Crash the Parties '08" to politically engage young, English-speaking Latinos by "crashing" Republican and Democratic conventions this summer.

The groups are recruiting young, Latino reporters to "produce newscasts, video blogs and interviews with candidates and convention delegates for a growing audience of hip, bicultural Latinos who may not be all that plugged in yet to the political process."

"The health of a democracy depends on active, informed voters," opined Oberlin College president, Marvin Krislov, in the Washington Post Saturday. "Numerous studies have shown that young people who vote are likely to become lifelong voters. So a young person's first experience of voting should be welcoming, not frustrating."

The frustrating experiences Krislov refers to are Election Day barriers, including restrictive proof-of-residency requirements that hurt students, a highly mobile population that is more prone to rejection from voter rolls and ballot access because of constantly changing residences. Oberlin recently helped its students overcome that barrier by providing utility bills in order to prove residency for on-campus residents who couldn't vote before, a measure Krislov encourages other states to emulate.

"That would be a welcome change from past practices that discouraged the youth vote."

Some challenges young people face when registering to vote or voting at the polls include proof of citizenship and voter identification requirements. Both were sold to lawmakers and the public as ways to stop so-called "voter fraud," a crime that rarely occurs. Government records show that only 24 people were convicted of or pleaded guilty to illegal voting between 2002 and 2005. That is out of 214 million ballots cast for elections to federal office in the same period. The bigger loss of valid votes is among young people, four million of which do not have valid proof of identity that includes current address in order to cast a ballot, according to a 2006 study by the Brennan Center for Justice at NYU School of Law. And despite proof that voter fraud is virtually non-existent, voter ID bills were pushed in 20 states this legislative session. Two of those states, Kansas and Oklahoma introduced voter ID proposals that have made significant progress in the legislatures. The Kansas bills (SB 169 and HB 2019)have received media attention in the recent past, but just this week, one of the Oklahoma bills, S 1150 made headlines after passing the House.

The study also found that about 13 million individuals do not have ready access to documentary proof of citizenship, a voter registration requirement that lawmakers pushed in 18 states this year. Currently, Missouri's House Bill 1317 is moving in the legislature. Progress of this bill may be monitored at Project Vote's bill tracking Web site, ElectionLegislation.org (registration required).

Other historically disenfranchised groups would benefit from the acknowledgment of today's "highly mobile society," include low income and minority voters. With such intense voter engagement occurring across the board - the sign of a healthy and vibrant democracy - it is worrisome that partisan activists and lawmakers in state legislatures would pursue policies and laws that institutionalize aggressive voter roll purges, and restrictive proof of residency, identity, and citizenship requirements. Most of these restrictions are expressly designed to perpetuate the imbalance of the electorate under the seemingly innocuous guise of protecting "election integrity."

"Voting in America is not restricted to taxpayers or property owners," Krislov said. "And in our highly mobile society, millions of voters do not live where they grew up. Denying such people the right to vote, which even the homeless are guaranteed, would be unthinkable."

Quick Links:

Oklahoma House of Representatives and Senate
Kansas House of Representatives and Senate

In Other News:

How Republicans Quietly Hijacked the Justice Department to Swing Elections: The GOP may have committed massive vote fraud in plain sight by encouraging widespread voter purges and restricting registration campaigns - AlterNet

States Failing to Implement Critical Voting Rights Laws - OMB Watch

Advocate group: Florida voter registration not adequate - Bay News 9

House OKs voter identification measure - Associated Press

Voter ID Apparently Dead for 2008 - Associated Press

Erin Ferns is a Research and Policy Analyst with Project Vote's Strategic Writing and Research Department (SWORD).

Goin' Green on St. Patrick's Day

alicescheshirecat — Mon, 17 Mar 2008 18:52:22 GMT

Crossposed from Wiretap

There was an interesting piece in the Fashion section of the NYTimes this Sunday that is a little weird but it gets into some pretty fun stuff.

The piece follows a kid from Brooklyn who is hell bent on becoming an organic farmer. Trucker hats, Carhartts, and Pabst were the fashion but now some are putting the heart behind the fashion and finding the funk in farming.

"The Billyburg scene has changed, said Annaliese Griffin, who contributes to a blog called Grocery Guy. "Having a cool cheese in your fridge has taken the place of knowing what the cool band is, or even of playing in that band," she said. "Our rock stars are ricotta makers."

The same is true for Sarah Love, an Oklahoma University political science graduate and sometimes young Clay Pope a former DC staffer turn conservation lobbyist who have formed an organization that helps farmers become more environmentally friendly and companies to offset their carbon emissions.
Pope says he doesn't know about New York farmers but in Oklahoma the coolness of farming just brings the same stream of folks. "But stuff like that usually starts on the coasts and works its way inward." "Boutique farms in Oklahoma would go a whole lot further if you legalize marijuana, though," Love laughs. "I see a lot of kids getting involved then!"

Kidding aside, they hope to increase the interest and financial availability to small farmers and new farmers by providing financial incentives to those who run environmentally friendly operations.

"There are a lot of ways that farms hurt the environment over time," Love tells me. "With someone providing incentives to be more eco-friendly more people are happy to do the right thing for the environment."

Their plan is three fold.

Switch to no till farming methods. Traditional farming methods have you work the land, turning over the soil to get rid of weeds and work in fertilizer. When you till the soil, however, carbon dioxide escapes from the ground into the atmosphere. The best way to get the soil to chill out is to let it sit for a while and let grasses grow over it which converts the carbon dioxide into oxygen via photosynthesis. You can let your cows graze on it and plant the next year. This is what people mean when they talk about carbon sequestration through the natural terrestrial cycle.
Pasture land management is the next idea. This is what is mentioned a little bit above. The more the land sits and the the grasses can grow and suck the carbon out and change it to oxygen. Reducing production and using it for livestock instead lets the grass do its thing.
Buffer zone repairs. In places like Oklahoma there is a lot of water. Tons of lakes, rivers, streams... just a lot of water moving around. And of course a lot of farmland and grazing lands bump up against these waterways. With cows grazing so close to them you have them pulling the grass out of the banks reducing the vegetation that is holding the soil in around the waterways. As a result the land falls into the water... as does everything that is on the land... which means... cow poo too. That pollutes the hell out of the rivers and streams and lakes.
So we have a couple of choices here. Move the buffer zone back 75-300 meters from waterways and it saves the grass. For the waterways that have already been compromised you'll allow the grass to regrow, or you can do what is called active re-forestation and plant trees and grass along to hold the soil together.

What Love and Pope do is work with companies to offset their own carbon emissions by contributing to farmers who do this kind eco-friendly farming and adopt some of these practices.

Organic is hot farming, but here's another way that new farmers can do their thing while also making the environment better and be adequately compensated for it. And its a great way for companies to offset their own emissions in a homegrown local way.

'Voter Fraud' Phantom Returns to Haunt Policy Makers and Voters Themselves

project vote — Thu, 13 Mar 2008 19:13:15 GMT

Cross-posted at Project Vote's blog, Voting Matters

Weekly Voting Rights News Update

By Erin Ferns

A year has passed since the U.S. Attorneys scandal first gathered steam for the firings of nine federal prosecutors - at least two of whom claim being "pressured by Republicans to bring charges of voter fraud against people who intended to [vote] for Democrats." But the issue is far from settled. This week, the phantom issue of "voter fraud" emerged in the guise of news stories, editorials, memos, blogs, legislation, and even a Senate hearing either extinguishing or inflaming the alleged election integrity problem, particularly regarding voter identification requirements. Ultimately, what has become most evident in the last year is how far partisans are willing to go in order to legalize voter suppression tactics through the smoke-screen of "voter fraud."
As we progress deeper into the election season, we expect accusations of voter fraud to increase in number, become more aggressive in tone, and continue to precede strident calls for a range of voter suppression tactics, including draconian voter ID requirements. In this climate we feel it is vital to reiterate the definition of voter fraud: "Voter fraud is...the intentional corruption of the electoral process by the voter....All other forms of corruption of the electoral process and corruption committed by elected or election officials, candidates, party organizations, advocacy groups or campaign workers fall under the broader definition of election fraud." This definition is especially helpful to keep in mind in evaluating voter ID proposals, almost all of which are designed to prevent only the very rare polling-place fraud and never target absentee voter fraud, where the bulk of the (very small number of) convictions for fraud have occurred.

Stories in advance of Mississippi's primary election highlight this dichotomy. An Associated Press headline announcing the indictment of 16 Benton County individuals for voter fraud in a 2007 county election greeted voters in the state on Tuesday. Some of the "voter fraud" activity appears to actually be an election fraud scheme, as outlined in this January article on the same defendants. This "voter fraud" news arrived just in time to back Secretary of State Delbert Hosemann's aggressive calls for voter ID laws.

Although they "don't have voter ID [requirements] just yet," Hinds County, Miss. voters who registered to vote by mail or through voter registration drives were alerted to bring proof of identification to the polls Tuesday. The county circuit court's office made this announcement on Election Day through Jackson, Miss. broadcast news channel, WLBT 3.

Currently, 27 states require proof-of-identification beyond what is mandated by the Help America Vote Act. Like Mississippi, Oklahoma lawmakers "are wanting to be included in that number," the Norman Transcript editorialized Wednesday, dismissing the state House's passage of a voter ID bill as a ticket to an expensive partisan battle. "We see no real reason for states to tackle this issues...States shouldn't feel beholden to try and step up just because some lawmakers found it to be a hot button, election-year issue."

The primacy of voter fraud and voter ID as tools of partisan voter suppression became crystal clear in the wake of the US Attorney's scandal and the exposure of widespread politicization of the Department of Justice. "In an interview, [former U.S. attorney of New Mexico, David Iglesias] said he intends to recount how his office was pressured to file voter fraud charges," which he ultimately found to be "'non-provable in court,'" writer Jason Leopold blogged Sunday. This recounting was part of his testimony in a U.S. Senate hearing Wednesday.

In related news, former counsel to the assistant attorney general of the Civil Rights Section and crusader for Georgia's controversial voter ID law, Hans von Spakovskey recently published a legal memo on "voter impersonation" with the conservative group, The Heritage Foundation. Von Spakovsky advances an argument that preventing fraud through voter identification requirements will help "assure" voters that "free elections remain untainted by fraud that undermines their fairness, and in turn, disappoints the expectations of the voting public." This argument ignores or minimizes the fact that voter fraud is vanishingly rare in U.S. elections.

One real voter fraud issue that most voter ID laws and proposals do not address involves absentee balloting, an increasingly popular method of voting. This is astonishing considering that absentee voting is "where fraud through forgery or undue influence, often directly implicating candidates or their close associates, is far more of a threat," according to the Brennan Center for Justice at NYU School of Law.

Out of the 21 states Project Vote is currently monitoring for election-related bills, 15 have introduced voter identification requirements this session. Only one state, Indiana, addresses absentee voting by repealing a current provision to exempt absentee voters from the state's strict voter identification requirement. The bill, S 174, remains inactive in the state Senate as the U.S. Supreme Court considers the constitutionality of the state's current voter ID law in Crawford v. Marion County Election Board.

If upheld, the Crawford case is pivotal for the future of voting rights as Indiana's strict photo ID requirement may serve as a legislative model for other states, even though there is no evidence of voter fraud in the state itself. Most importantly, the decision could impede turnout in this presidential election as 21 millions Americans - including low income, minority and elderly voters - do not have proper ID.

Brennan Center for Justice's Justin Levitt phrased it best in a statement for Wednesday's Senate hearing:"While in-person impersonation fraud is not a problem of any significance, there are real and pressing concerns still confronting the ability of the electorate to vote and have their votes counted. We urge Congress to address these challenges, to ensure that all eligible citizens are able to exercise the franchise effectively."

Quick Links:
Contact:
Senate Committee on Rules and Administration
Dianne Feinstein (D-CA) [Chair]
Robert F. Bennett (R-UT) [Ranking Member]
Reports:
Hearing: "In Person Voter Fraud: Myth and Trigger for Disenfranchisement?." Senate committee on Rules and Administration. March 12, 2008.
"Analysis of Alleged Fraud in Briefs Supporting Crawford Respondents." Brennan Center for Justice at NYU School of Law. Dec. 2007.
"The Truth About Voter Fraud." The Brennan Center for Justice at NYU School of Law. Nov. 2007.
"The Politics of Voter Fraud." Project Vote. March 2007.
"Citizens Without Proof." Brennan Center for Justice at NYU School of Law.
Resources
DOJ Watch. Project Vote.
ElectionLegislation.org

In Other News:

"WASHINGTON - The legend of Ritzy Mekler, the dog from St. Louis who allegedly registered to vote in the 2000 election, made a comeback Wednesday on Capitol Hill." Read more of this McClatchy Newspapers report on yesterday's U.S. Senate hearing on voter fraud here.

"U.S. Senators Dianne Feinstein (D-Calif.), chair of the Rules and Administration Committee, and John Kerry (D-Mass.) are urging Veterans Affairs Secretary James B. Peake to ensure that all veterans in VA facilities are able to participate in voter registration efforts." More on this U.S. Senate Committee on Rules and Administration press release here.