Open Left - election integrity

Hanging In the Balance: Section 5 of the Voting Rights Act

project vote — Sat, 16 May 2009 04:00:00 GMT

This blog entry is cross posted at Project Vote's Voting Matters Blog

By Erin Ferns and Donald Wine II

In 1965 the course of American democracy changed when the Voting Rights Act was enacted to ensure proper enforcement of the 15th Amendment of the United States Constitution, which grants equal voting rights to people of color. While many strides have been made since the VRA's enactment, including rising voter participation among the nation's historically underrepresented citizens, voting rights advocates argue that it is still a long road to truly non-discriminatory voting practices and a balanced electorate. Now, the course of American democracy may change again as the U.S. Supreme court is considering a high profile case that challenges the constitutionality of a key provision of the VRA.
In addition to prohibiting against voting standards, practices, or procedures that have a discriminatory impact on minority groups, the VRA requires 16 states and areas that have a history of discrimination to seek federal approval or "preclearance" before making changes to their voting laws or election procedures. According to a summary of the Act by Project Vote, "a substantial increase in African-American voter registration took effect" as a result of the law's passage.

On April 29, the last day of oral arguments of the 2008 term, the U.S. Supreme Court heard Northwest Austin Municipal Utility District Number One v. Holder, a case that may determine the constitutionality of the provision under Section 5 of the VRA. At issue is whether the Texas utility district ("NAMUDNO") would qualify as a political subdivision that could petition to exempt itself or "bail out" of the provisions under Section 5. Attorney Gregory Coleman of Yetter, Warden & Coleman in Austin, Texas, argued on behalf of NAMUDNO, while Deputy U.S. Solicitor General Neal K. Katyal argued on behalf of Attorney General Eric Holder and the Justice Department. Debo Adegbile, of the NAACP Legal Defense Fund, argued in favor of Section 5 of the VRA.

During the arguments, it was clear that the constitutional arguments were the most contentious. The constitutionality debate centered around the question of whether the VRA preclearance provision's renewal in 2006 came with sufficient Congressional justification of pervasive racial discrimination in voting. While many of the Justices focused on why this small utility district should be made to conform within those rules when it had done nothing wrong, others focused on the data that indicates voting discrimination still exists in several areas of the country, including those states that fall under the preclearance provision of Section 5. Although the "bailout" provision was also a point of contention, the majority of the lengthy argument, which went beyond the allotted hour time limit, was dedicated to the constitutionality of the preclearance provision.

Discussed at length was Congress' reauthorization of the VRA in 2006 without adapting changes to some of the rules in light of what some call the nonexistence of voting discrimination. However, "the Obama administration and civil rights groups argue that the law still is needed to prevent discriminatory election changes and that Congress amassed a lot of evidence in support of its position," the Associated Press reported on April 29.

"In 2006, Congress reauthorized Section 5 by overwhelming margins after holding 21 hearings, taking testimony from some 200 witnesses and experts and compiling a record of more than 17,000 pages," according to NAACP Legal Defense and Education Fund president and director-counsel, John Payton in the New York Times blog, Room for Debate. "That record revealed that some 2,400 discriminatory changes in voting practices and procedures had been caught by the Section 5 process since it was last reauthorized in 1982 to 2006...If Section 5 had not existed, those 2,400 discriminatory changes would have gone into effect - provoking years of litigation in the federal courts at a cost of millions of dollars."

"I don't understand, with a record like that, how you can maintain as a basis for this suit that things have radically changed," Justice David Souter asked NAMUDNO attorney, Gregory Coleman, after citing "what he characterized as evidence of discrimination - including a 16-point difference in Hispanic and non-Hispanic voter registration in Texas and 600 lawsuits throughout the country alleging voter discrimination," according to an April 30 Atlanta Journal Constitution report. "They may be better. But to say that they have radically changed ... [is] to deny the empirical reality."

Justice Ruth Bader Ginsberg said that while discrimination in voting rights was at one time "blatant" and "overt," what she called "second generation discrimination" now is "more subtle, less easy to smoke out," according to an April 30 Associated Press report. For instance, voter discrimination can be seen in the lower voter registration and turnout rates among the nation's minorities, and voting rights advocates argue that this is the result of unequal access due to inconsistent implementation of voter registration and restrictive voting procedures such as voter ID and inconsistent database matching standards.

It is difficult to predict how the Court will rule this summer, but what is in doubt is nothing less than the future of Section 5 of the VRA. Given the long history of voter suppression in America, preclearance of certain states with a history of discrimination is a vital practice that helps underrepresented citizens register to vote and cast their ballots without a cloud of intimidation about them. Its removal, on the other hand, would allow these states to proceed unchecked with discriminatory changes to election laws and procedures, potentially creating new barriers for already-underrepresented citizens in the electoral process. The Supreme Court has Section 5 of the VRA in the balance, and their opinion will determine the integrity, credibility, and authority of the hard fought and valuable Voting Rights Act.

Legislative Efforts to Engage High School Students Move Quietly Forward

project vote — Fri, 13 Mar 2009 01:31:45 GMT

by Erin Ferns

With an estimated 23 million 18-29 year old citizens turning out to vote in the 2008 presidential election, it is easy to assume that young people today have overcome the stereotypical image of "apathetic youth." Yet, while the last few election cycles show an ever-growing interest in political engagement, young people are still underrepresented in the U.S. electorate-a problem that seems to have more to do with lack of access than lack of interest.
According to nonpartisan research group CIRCLE, an estimated 52 percent of 18-29 year olds voted in November 2008. While that shows a four percentage point increase in turnout since 2004, young people still turned out at least five percentage points below the national average. Furthermore, the youth electorate itself disproportionately represents educated, White citizens. While the youth electorate in 2006 was more diverse that the general electorate--a trend that estimates say continued in 2008-the highest registration and voting rates were among White youth. This gap reflects the existing disproportions on American college campuses, which are still the focus of most youth-focused voter registration programs.

The American youth's under-representation in the general electorate, coupled with the disproportionate representation within the youth electorate itself, suggests a need to make voting more accessible for all of today's youth, not just the college students. Unfortunately, constructive reforms that would improve the administration of elections have been overshadowed by the economic crises in all but a few state legislatures where lawmakers are quietly moving bills that would help engage the future of America. Here are a few of the youth-targeted voting reforms that are focused on engaging young people beyond the college campus.

Lowering the Voting Age

Youth voter advocates argue that citizens who become politically engaged at a young age become lifelong voters. With that, some states have considered expanding access to the democratic process by extending voting rights to citizens younger than 18.

The most common trend in youth-targeted legislation is to provide primary voting rights for certain 17-year-old citizens. This year, nine states introduced bills that would allow 17-year-olds to cast ballots in primaries if they will be 18 by the following general elections. At this time, only Rhode Island's H 5005 appears to be gaining traction in the legislature. Currently, eight states allow 17-year-olds to vote in primaries. One additional state, Connecticut, is moving towards implementing last year's amendment to the state constitution providing primary voting rights to citizens under age 18 through House Bill 6439.

This year, only two states, Arizona and Minnesota, looked beyond primary voting and proposed to extend full voting rights to 16-year-old citizens. In neither state do the bills appear viable. To date, no states permit 16-year-olds to vote in any election.

Civic Engagement

Several states proposed legislation to help engage young voters by instilling the value of democracy through education and incorporation in the democratic process, including voter education classes on high school campuses and student poll worker programs.

This year two states have proposed to incorporate education on the voting process in the high school curriculum. Kentucky House Bill 155 is active in the legislature, passing the House and appearing to rapidly gain approval from the Senate. It is currently in the Senate Rules committee.

One state, Texas is considering a way to include high school students in the democratic process even if the students are still too young to actually vote. The bill, H 252, which allows qualified students who are at least 16 years old to serve as poll workers, has recently advanced in the House

Voter Registration Opportunities

Perhaps taking note of the largely successful youth voter turnout rates in the 2008 primary and presidential elections, lawmakers in at least five states are considering measures to further increase youth voter participation by providing voter registration opportunities on high school campuses.

A noteworthy bill, New Jersey's AB 2752, requires public and private schools to provide voter registration materials for eligible high school students prior to graduation. The bill was adopted by the assembly and is now in the Senate Elections committee.

Today, voter registration opportunities for young citizens is most commonly administered through preregistration with about half of the country already allowing 16 and 17 year-old citizens to preregister to vote. This year, just three more states are considering such measures. None of these bills have advanced since mid-February.

Recent trends in youth voter participation are enough to dismantle the apathy cliché, but not enough to dismiss constructive youth voting policies. Still, the youth electorate continues to lag behind the general electorate, a problem that only perpetuates its representational bias. The real issue of voter access should be a focal point for lawmakers and advocates who want to encourage all young citizens, beyond the college campus, to let their voices be heard.

To monitor youth voting legislation, 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.

Senate Committee Hearing Examines Flaws in Voter Registration System

project vote — Thu, 12 Mar 2009 00:38:03 GMT

Calling voter registration "the lifeblood of our republic," Senator Charles Schumer (D-NY), chairman of the Senate Rules and Administration Committee, opened the committee's hearing this morning on current problems in America's voter registration system. A focus of the discussion was a new study produced by the Cooperative Congressional Election Survey-conducted by researchers at thirty universities across the country-that finds that up to three million voters actively tried to vote in 2008 but were denied, and an additional four million were discouraged from voting due to administrative barriers.
In their opening statements both Chairman Schumer and ranking minority member Robert Benett (R-UT) described the need to balance what Benett called the "two compelling and sometimes competing interests": ensuring that everyone who is eligible to vote can, while at the same time preventing those who are not qualified to vote from voting. While referring to this "yin and yang" of election administration, however, the testimony of the witnesses and the discussion that followed made it clear that the first issue-the systemic problems with the voter registration system that risks disenfranchising millions of eligible voters-is the area most in need of attention.

"In the 21st century people shouldn't be denied their constitutional right to vote because of problems caused by an antiquated voter registration system that was set up in the 19th century by the Whig Party," said Chairman Schumer.

Dr. Stephen Ansolabehere of Harvard University-one of the lead researchers on the study-testified as to the stark realities of the numbers. According to Dr. Ansolabehere, an estimated 79 million eligible American voters did not participate in the 2008 election -44 million because they were not registered, and 35 million who were registered but did not vote. According to data from the study, two to three million of these voters were prevented from voting because of registration or authentication problems, and another two to four million registered voters were discouraged from voting because of administrative problems. "Registration continues to create significant barriers to getting into the electoral system and to voting on Election Day," Dr. Ansolabehere said in his written testimony.

As Jonah Goldman, Director of the National Campaign for Fair Elections of the Lawyers' Committee for Civil Rights Under Law said, the antiquated voter registration system "prevents more eligible voters from casting a ballot than any other part of the process."

"The United States continues to make voting more difficult than any other industrialized democracy," agreed Dr. Nathaniel Persily of Columbia Law School, who identified two major factors in this problem. The first is that Americans have a high mobility rate; an estimated 90 million eligible voters move every five years, and therefore are required to re-register each time-a problem that disproportionately affects certain vulnerable populations including low-income Americans, minorities, young voters, and military voters. The second factor, according to Persily, is that the American government takes a very limited role in affirmatively registering voters.

In her testimony Kristen Clarke, co-director of the Political Participation Group of the NAACP Legal Defense and Education Fund, raised the issue of "widely disparate practices among local election officials," including confusing application form design, implementation of HAVA's database matching requirements, felon disenfranchisement laws, and state purge programs, all of which improperly remove eligible voters-disproportionately low-income and minority Americans-from the rolls. "While we turn our attention to exploring the corrective action that must be taken," Ms. Clarke testified, "we must remain mindful of the particular challenges faced by those who are among the most vulnerable and marginalized in our society-the poor, those incarcerated, and our nation's racial and ethnic minorities."

Access to voter registration has always been particularly challenging for low-income citizens and racial minorities. One proven but neglected current solution received unfortunately little discussion today: the National Voter Registration Act (NVRA) requirements that states register voters through public assistance agencies. Despite South Dakota Secretary of State Chris Nelson's testimony today that public assistance registration is one of the reason's the voter registration system is "easy and accessible," too many states are neglecting the public agency provisions of the NVRA-as Project Vote has documented-and getting away with it due to a history of lack enforcement by the Department of Justice on this and other voting rights issues.

Another problem Project Vote identifies in its testimony is the failure of local election boards to send timely notices to applicants on the disposition of their registrations-which not only denies applicants an opportunity to correct any problems, but also encourages "useless re-registration" by individuals who are not sure their application was processed. This contributes to the duplication problems that plague local election boards, choke databases, and hamper voter registration efforts.

"What is most vexing is the intractability of some of these injustices, which should have been remedied long ago," Project Vote's testimony concludes. "It is perhaps not surprising, though, with literally thousands of election districts operating with some measure of autonomy that a problem solved in one town is bound to crop up in another. That is why federal regulation and oversight is so essential in ensuring that our system of registration and voting will soon be worthy of the public's confidence."

To read Project Vote's written testimony, click here.

Red State Officials Appear Intent on Reducing Voter Participation

project vote — Thu, 05 Mar 2009 21:12:46 GMT

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

Weekly Voting Rights News Update

by Erin Ferns

Last week we wrote about how partisan-fueled voter fraud rumors are leading election reform debates, potentially changing the way many Americans vote in future elections. With at least one state swiftly moving a bill to require all voter applicants to present proof of citizenship before registering to vote, and another strongly supporting the passage of voter ID, the threat of voter disenfranchisement looms ahead.
Overzealous Citizenship Requirements at Registration

Current law requires voter applicants to take an oath of citizenship when registering to vote. In February, bills requiring voters to go beyond current law to present proof of citizenship gained media attention. The Georgia Legislature introduced a number of related bills, with the approval of Republican secretary of state and gubernatorial hopeful, Karen Handel. She endorsed the bills despite the fact that her office's investigation had yet to substantiate any claims of illegal voting by non-citizens as a result of fraudulent voter registration, according to a Feb. 4 Associated Press report.

"These citizenship bills are even more devastating than the ID bills; they hit a lot more people,'' Neil Bradley, associate director of the American Civil Liberties Union Voting Rights Project told the AP. Up until this year, the state had endured several battles over the constitutionality of its requirement for voters to present photographic proof of identity when voting in person.

Despite the lack of evidence pointing to a need for the requirement, which "violates the National Voter Registration Act" and "creates a poll tax by forcing people who are missing their birth certificates or naturalization papers to have to buy new ones," proof-of-citizenship bill S.B. 86 was expected to pass the Senate on Tuesday, but not without hearing from voters and advocates, according to a blog entry at the Atlanta Journal Constitution. The League of Women Voters of Georgia urged its members to call their senators and ask them not to pass the bill, which would leave "countless U.S. citizens...needlessly inconvenienced." "[A]s a result of the increased hassle," the LWVG wrote, those citizens may "simply choose not to register to vote."

Despite the uproar and a two-hour "heated debate," S.B. 86 passed in the Senate 34-20, the Associated Press reported yesterday. "It now moves to the House."

As we wrote in a blog entry on Feb. 12, in enacting a citizenship requirement "Georgia would join Arizona in legalizing voter disenfranchisement. Since adopting the measure in 2004, more than 38,000 voter registration applications in Arizona have been thrown out, according to a May 2008 report in 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."

"At some point, at some time, we've got to say enough is enough. And ask, do we have any shame?" said state Sen. Vincent Fort (D-Atlanta)in yesterday's AP report. "This is nothing but a poll tax. you can amend and soften it out however you want to, but this is a poll tax."

A Partisan Battle to Pass Strict Photo Voter ID

Currently, the Help America Vote Act requires first-time applicants who register by mail to provide proof of identity at the polls that includes a broad range of documents. However, eight states go above and beyond federal law by requiring or requesting current, photographic proof of identity only, a measure that has been repeatedly battled on constitutional grounds as the number of legitimate voters without proper ID trumps the number of fraudulent votes that occur in elections. This issue, often divided on partisan lines, appears to be gaining ground - as well as a reputation for being rife with partisan politics - in Texas.

"Sen. Troy Fraser, R-Horseshoe Bay, has alerted senators he plans to bring up the bill before a special committee that includes all senators March 10," according to the San Angelo Standard Times. "That could make Voter ID legislation the first substantive, non-emergency bill to hit the Senate floor during the 2009 session."

"Democrats say the legislation is designed to bolster GOP strength at the voting booth because it will discourage minorities, the elderly and other voters who lean Democratic not to show up at the polls." According to the report, Democratic Sen. Leticia Van de Putte of San Antonio said Republican officials in the Red state are "desperate" to pass a voter ID law out of fear that "Democrats can pick up seats in the house next go around." Additionally, "Lt. Gov. David Dewhurst, a Republican said to be eyeing higher office, supports the voter ID and may cast a rare vote. Dewhurst can vote when the special Senate panel - called the 'committee of the whole' - convenes."

The bill is expected to pass the Senate since Republicans weakened filibuster rules in an effort to "break the logjam on legislation" earlier this year. However, Senate Democrats are hopeful that "their counterparts in the House, where Republicans have a narrow 76-74 majority, can block it."

Quick Links:
www.ElectionLegislation.org
Voter ID Requirements. Project Vote.
Politics of Voter Fraud. Lorraine Minnite, Ph.D. March 5, 2007.

In Other News:

OPINION: Voting reforms have made elections worse - The Denver Post
The Colorado Election Reform Commission (CERC) was created in the last legislative session to study possible election reforms. It has now adjourned after three months. Several election bills are already being considered in the legislature, and more will follow as a result of the CERC's recommendations.

Having their say: PUSH HEIGHTENS FOR ELECTION DAY VOTER REGISTRATION - Worcester Telegram & Gazette
WORCESTER - In last year's presidential election, 1,046 city residents showed up at the polls to cast their ballots, only to be told that their names did not appear on the voting rolls.

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.

Former Felons May Regain Right to Vote in Country's Strictest States

project vote — Thu, 19 Feb 2009 02:46:14 GMT

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

Weekly Voting Rights News Update

by Erin Ferns

Hundreds of thousands of former felons may regain their voting rights in two of the country's most restrictive states this year. As predicted last month, disenfranchisement reform is an election issue that is quietly gaining momentum as policymakers in Virginia and Kentucky battle for restoration of voting rights.
The two states are currently the only states in the nation that permanently disenfranchise all felony offenders. Virginia, however, has permitted certain former felons to apply for restoration, which then has to be approved by the governor, according to the Virginian Pilot last week. With less than 10,000 Virginians having regained voting rights under the last four governorships and at least 297,901 still disenfranchised, it appears more has to be done. But it appears this will not be accomplished without a fight.

Last week, the Virginia Senate passed one measure and defeated another that would restore voting rights, the Pilot reported. Constitutional amendment SJ 273, a measure that would give the General Assembly "constitutional power to restore voting rights to non-violent felons," is now in the House. However, an arguably more effective measure "that would automatically restore voting rights once a felon completes their sentence and subsequent parole or probation" died on a 19-19 vote. "Republican Lt. Gov. Bill Bolling, who presides in the Senate, broke the tie and voted against it."

Nationally, more than five million people are not allowed to vote as a result of a past felony conviction. Policies on felony re-enfranchisement among the 50 states are so inconsistent as to create confusion among, not only those former offenders who wish to regain the right to vote, but also the very officials charged with implementing the laws. Fair and consistent felony re-enfranchisement laws can contribute to the rehabilitation process, and reduce the harmful impact on low-income and minority communities where a disproportionately high number of individuals are disenfranchised due to felony convictions. With that, voting rights advocates are pushing for automatic post-incarceration restoration of voting rights, as we reported in last month's blog entry.

Under a system of automatic post-incarceration restoration of rights, "citizens released from prison would be immediately eligible to vote while on probation and parole, as are those who are sentenced to probation without serving any time in prison," according to a 2008 report by Erika Wood of the Brennan Center for Justice at NYU School of Law. "These citizens would be permitted to register in precisely the same way as other eligible citizens, without submission of special paperwork."
"Restoring the right to vote to ex-offenders is an integral aspect of reintegration into society," according to a 2007 Project Vote report, which notes a disproportionate over-representation of low-income and minority citizens in the criminal justice system. "Consistent policies are necessary to prevent large-scale disenfranchisement not only of the ex-offenders themselves, but also of the communities to which they belong. Society as a whole benefits when a representative government truly represents all its citizens."

While the Virginia bill has support from both parties, it "must travel a difficult path to become law," the Pilot reports. "The first step is being approved by the Republican-controlled House of Delegates that has already killed similar proposals this year."

Another fight is expected in Kentucky, where as many as 186,000 former felons may be able to vote again if House Bill 70 "gets the support it needs from lawmakers," according to local broadcast news outlet, WHAS 11. The bill would amend state law that permanently disenfranchises all felony offenders to restore voting rights after completion of sentence. The bill is now in the Senate.

To monitor the progress of Virginia and Kentucky's felon voting rights bills, visit www.ElectionLegislation.org and sign up for the Election Legislation e-Digest by emailing a subscription request to eferns(at)projectvote.org.

Quick Links:

Statistics by State. Sentencing Project.

In Other News:

Ads against same-day voter registration hit TV - Santa Fe New Mexican
A Las Cruces political action committee is running ads on cable television warning viewers that bills allowing same-day voter registration would lead to vote fraud, including out-of-state people pouring in to cancel the vote of New Mexican citizens.
Voter ID bill referred to full Senate - Marshall News Messenger [Texas]
The controversial voter identification bill that triggered a Senate rules fight last month on Tuesday was referred directly to the full Senate for a vote.

Voter ID law fails to pass House committee - Minnesota Public Radio
St. Paul, Minn. - A Minnesota House panel has defeated a proposal to require voters to show photo ID before casting a ballot.

Most "Devastating" Election Reform Gains Support in Georgia

project vote — Thu, 12 Feb 2009 22:00:27 GMT

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

Weekly Voting Rights News Update

by Erin Ferns

If you wanted to register to vote today, would you be able to provide a copy of a birth certificate, U.S. passport or naturalization papers? Would those documents reflect your current name?
If you are like the 13 million Americans who do not have ready access to citizenship documents, or the 32 million voting-age women who do not have such documents with their current, legal name, then you would simply not be able to vote. That is a risk that several states are willing to make - a risk that is considered "even more devastating" than other restrictive election reforms this legislative session.

Last week, the Georgia Senate introduced yet another proof-of-citizenship bill with full support from Republican secretary of state (and gubernatorial hopeful) Karen Handel, according to the Associated Press. Georgia is one of eight states to consider proof of citizenship requirements this year, and is already home to one of the strictest voter ID laws in the nation.

"Voting rights advocates complained that the new Georgia voter registration bill raises some of the same constitutional concerns as the state's original photo ID law by mandating that voters have identification that costs money to obtain," the AP reported.

Increasingly gaining popularity as a reform for "election integrity," citizenship requirements have the potential to affect millions of Americans, including low-income and women voters. Polling data by the Brennan Center for Justice at New York University School of Law explains how citizenship requirements before registering to vote creates obstacles to voting:

- 13 million individuals do not have ready access to documentation, including passports, naturalization papers, or birth certificates

- 12 percent of citizens earning less thatn $25,000 per year do not have ready access to documentation

- Less than half (48%) of voting age women with ready access to citizenship documents have them with current, legal name.

If it passes a citizenship requirement, Georgia would join Arizona in legalizing voter disenfranchisement. Since adopting the measure in 2004, more than 38,000 voter registration applications in Arizona have been thrown out, according to a May 2008 report in 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."

"Current Georgia law requires those registering to vote only to 'swear or affirm' that they are a U.S. citizen by checking a box on the application," the AP reports. While there were no figures to prove non-citizen voting is an issue in Georgia, Handel's office claims it is "investigating several allegations of non-citizens registering to vote," but could not say who made the allegation or how many claims have been made, according to AP. Instead Handel's spokesperson offered flimsy evidence of a currently challenged 2008 effort to verify citizenship of new voter applicants, which found "4,700 people who might not be citizens."

It was "never determined whether any of those flagged voters were, in fact, not citizens," the AP reports.

To monitor the progress of Georgia's proof-of-citizenship bills, visit www.ElectionLegislation.org.

Quick Links:
"Citizens Without Proof: A Survey of Americans' Documentary Proof of Citizenship and Photo Identification." The Brennan Center For Justice. November 2006.

In Other News:

Voter ID, early voting bill passes - Hattiesburg American [Miss.]
Mississippians will be able to vote early and must show photo identification at the polls in a bill that cleared the state House on Wednesday.

Election official proposes change to Minnesota laws - Rochester Post Bulletin [Minn.]
ST. PAUL -- Minnesota's top election official on Wednesday proposed dozens of changes to state law after an unsettled Senate race put a microscope on everything from absentee balloting to the recount process.

Several States Debating Election Day Registration to Expand Access to the Polls

project vote — Thu, 05 Feb 2009 21:20:54 GMT

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

Weekly Voting Rights News Update

by Erin Ferns

Election Day Registration has been the subject of election reform debates for decades and the year following one of the most historic presidential elections makes no exception. As lawmakers in at least 16 states hope to expand access to voter registration and effectively increase voter participation, skeptics of such reforms raise the fear of voter fraud. Today, 10 states successfully practice Same-Day Registration (either on Election Day or during an early voting period), with above-average turnout rates and no reported problems with voter fraud. For those states considering EDR, the decision to efficiently expand access to democracy should be clear.
Since the 1970s, 10 states have implemented Same-Day Registration with average turnout rates that are 10-12 percentage points higher than national averages, according to research and public policy group, Demos. Despite the growing acceptance of EDR across the country and its smooth implementation for 35 years there is still stiff resistance to adopting such policies in a majority of states.

After years of introducing and failing to pass EDR bills, New Mexico's House committee finally approved a bill providing for registration and voting both during the early voting period and on Election Day. However, this bill, HB 52, may not survive in its current form if EDR supporters cave to voter fraud hysterics raised by state Republicans who claim being on the border raises vulnerability, despite the fact that there is no history of voter fraud in the state, according to the Santa Fe New Mexican.

The voter fraud argument against EDR is not unique to New Mexico; opponents of EDR measures frequently claim that the possibility of voter fraud is heightened when voters are allowed to register and vote at the same time. However, a study on voter fraud in EDR states found only 10 incidents of voter fraud in six EDR states over the course of three election cycles (1999-2005). "Of these, there was only one case of voter impersonation at the polls," in which a 17-year-old boy voted on behalf of his father, an instance unrelated to EDR, according to a 2007 Demos report.

The other 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.

If administered efficiently, residents who register at the polls are required to substantiate their residency and the entire registration process is carried out under the supervision of an elections official on the same day, limiting the chance for errors or fraud.

"Advocates of same-day voting say it increases voter participation and makes it easier for those who have moved from another state," the New Mexican reports. "William Mee of Voter Services Coalition told the House Consumer and Public Affairs Committee that many people are disenfranchised by failing to register in time."

Failure to register in time is not just an issue of "laziness" or last-minute political interest. Other issues such as clerical errors, voter purges, and high mobility rates are often reason for voters to be unknowingly left off of voter rolls. EDR would help short-circuit purge and suppression attempts by allowing these individuals a "fail-safe" opportunity to correct registration errors and increase their voter turnout rates.

Allowing citizens to register and vote on Election Day would also ameliorate issues surrounding provisional balloting, an option that is often utilized by underrepresented voters who are more likely to encounter registration problems. Provisional ballot counting procedures vary from state to state, rendering many legitimate ballots ineligible if not cast within the correct county or even precinct. For example, acceptance rates of provisional ballots in 2004 varied from 96 percent in Alaska to just four percent in Delaware, according to a 2006 Project Vote report.

As if the lack of voter fraud and the elimination of the risk of voter disenfranchisement wasn't enough to prove EDR is a viable and effective election reform, Patty O'Connor, an election official from long-time EDR state, Minnesota "told the [N.M. House] committee that it has worked well in her state," the New Mexican reports. Based on figures from the United States Elections Project, Minnesota's voter turnout rate exceeded the national average by at least 16 percentage points in 2008.

Despite being met with resistance from the GOP, the New Mexico bill is supported by the County Clerks Association "if the registration is limited to early voting." Although HB 52 sponsor, (Rep. Jim Trujillo, D-Santa Fe) supports this idea, he is being "urged...to keep Election Day registration in the bill" by committee chairwoman Rep. Gail Chasey, D-Albuquerque. The bill is currently in the House Voters and Elections Committee.

Quick Links:
Case Study: Election Day Registration. electionline.org. February 2007.

In Other News:

Exemption removed from voter ID bill - Associated Press
JACKSON - The Republican-controlled Mississippi Senate reversed course Wednesday on part of an election bill by saying that all voters, not just those below retirement age, would have to show photo identification at the polls.

Voter ID bill would make Minnesota laws most restictive in the nation - The Minnesota Independent
House Republicans are urging passage of a bill to require every Minnesotan to have a government-issued photo identification in order to vote in the state. The bill (HF 57) introduced by Rep. Tom Emmer, R-Delano, would make Minnesota's voting laws among the most restrictive in the nation.

ACLU attacks voter registration bill - Associated Press
ATLANTA - A bill introduced in the state Senate that would require proof of citizenship when you register to vote is under attack.

Equal Voting Rights Still In Question in 2009

project vote — Fri, 30 Jan 2009 00:58:55 GMT

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

Weekly Voting Rights News Update

by Erin Ferns

After the voters spoke last November by turning out in record numbers, we enter a new year with a new president and multiple new agendas for election administration in the states that bring both excitement and concern from voting rights advocates. Whether the discussion is about upholding the landmark Voting Rights Act, the disenfranchisement that comes with voter ID, or even the distribution of provisional ballots, the conclusion remains the same: we should work to protect and facilitate every eligible citizens' right to vote, not impede it.
In spite of our advances as a nation, the New York Times argues that we still face political and racial tensions, necessitating protections guaranteed under a currently challenged section of the Voting Rights Act of 1965.

The Saturday editorial writes on the origin of the law, particularly Section 5, which was explicitly written to halt voter suppression tactics that were brazenly used to "stop blacks from voting or being elected to office." The law, reauthorized by Congress in 2006, is being challenged by a municipal utility district in Texas that argues that Section 5 of the law "is unconstitutional, and...imposes too many burdens on jurisdictions covered by it."

"Discrimination against minority voters may not be as blatant as it was then, but it still exists," the Times wrote. "District lines are drawn to prevent minorities from winning; polling places are located in places hard for minority voters to get to; voter ID requirements are imposed with the purpose of suppressing the minority vote."

Meanwhile Voter ID, a leading election issue that also disproportionately disadvantages minority voters, is facing debate in at least 12 state legislatures this year, including Alabama and Minnesota.

The recently introduced "Voter Integrity Act of 2009," a photo ID bill, brings warnings from Minnesota voting rights advocates who claim the law is at best unnecessary and, at worst, a deterrent for voters, according to local broadcast news outlet, KARE 11.

"There is no evidence of voter fraud in Minnesota," said Dan McGrath, Executive Director from Take Action Minnesota. "On November 4 we received calls from people who couldn't figure out what they needed to register to vote. If this [bill] is passed I think it will make an already confusing process more confusing...and will make it difficult for the elderly and other's who don't have a driver's license."

Despite the lack of evidence of voter fraud in the state, bill author, Rep. Tom Emmer (R-Delano) attempted to justify the risk of disenfranchising voters by saying "every law that has to do with voting will inconvenience someone in some way." he said.

Allegations of "voter fraud" are not only used to create unnecessary and potentially harmful laws like voter ID, but also to undermine efforts to facilitate voter participation like Same Day Registration, which, studies show, can increase voter turnout by as much as 10 percent.

Last fall, Ohio implemented a new procedure that allowed voters to register and cast in-person absentee ballots during the early voting period, a procedure that Hamilton County, Ohio Prosecutor Joe Deters alleged to be rife with voter fraud. However, the allegation was recently found to be a grossly misreported and highly partisan effort to negate legitimate votes, according to the Cincinnati Enquirer on Tuesday.

Deters, "who was Southwest Ohio regional chairman of Republican John McCain's presidential campaign" had "specifically asked at that time that more than 600 votes cast between Sep. 30 and Oct. 6 - the 'golden week' - be investigated because of the allegations of widespread voter fraud."

"Ultimately...the investigators discovered 'get-out-the-vote' practices, sponsored by community organizations, which took full advantage of this unique absentee-voting period, but no evidence these practices violated Ohio law," according to a report by Special Prosecutor Michael O'Neill.

And, "the only criminal case stemming from Deters allegations of widespread voter fraud last fall was against a Connecticut man," who ended up turning himself in, the Enquirer wrote.

Ohio remains in election-related news not just for voter fraud myths and Same Day Registration battles, but for its "inaccurate voter-registration lists and a needlessly confusing voter-identification law" that cause the state to rely too much on "potentially disputed" provisional ballots, according to the Akron Beacon Journal.

Provisional ballots, given to voters who find that they are not enrolled to vote at their polling place, were publicly scrutinized during the 2008 presidential election for the uneven treatment across the states. "In 2004, 1.9 million provisional ballots were cast nationwide, of which 676,000 weren't counted,"according to an October 2008 Wall Street Journal report. "In the 2006 election, 20% of the 800,000 provisional ballots were discarded."

"No election will ever reach perfection, and it is difficult to envision a battleground state such as Ohio escaping lawsuits given the scrutiny that has grown common since the 2000 presidential meltdown," the Beacon Journal editorializes. "But in the end, reducing the number of provisional ballots is not just about avoiding lawsuits, although that's a worthy goal. It's about making the system as user-friendly as possible, expanding turnout even beyond what Barack Obama achieved last year."

Quick Links:
www.ElectionLegislation.org

In Other News:

Perry delivers speech to Legislature - Associated Press
...Perry said he agrees with Republican Lt. Gov. David Dewhurst on requiring more voter identification...

Early option for polls gets Gov. Henry's vote - The Oklahoman
Oklahoma voters should have more time to take part in early voting, Gov. Brad Henry said Wednesday.

LAWRENCE: Felons' voting rights debated - The Princeton Packet [N.J.]
Charles Holman has a simple request. He wants to register to vote.

All Cost, No Benefit: States Aim to Raise Voting Barriers to Prevent Rare Crime

project vote — Fri, 23 Jan 2009 20:45:07 GMT

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

Weekly Voting Rights News Update

by Erin Ferns

As we predicted last December, legislation designed to prevent so-called voter fraud has dominated election law debates in several states this year. Last week alone, Georgia's controversial voter ID law was upheld by a federal appeals panel, the Texas Senate "sparked deep partisan tensions" by eliminating the majority rule in order to aid the passage of a voter ID law, and nine more states introduced numerous voter ID bills.
With several studies pointing to the potential disenfranchisement of certain communities, including already underrepresented elderly, young, minority and low income voters that disproportionately tend to not have photo ID, along with the fact that there is no significant evidence of polling-place voter impersonation anywhere in the country, this largely partisan debate appears to have only one cost - the right to vote - and no benefit.

According to the Brennan Center for Justice at NYU School of Law, as many as 11 percent of U.S. citizens would not be able to the meet strict government issued photo ID mandates that five states currently enforce and several more are considering. Based on U.S. mobility figures, the number of Americans unable to present ID with current address is just as significant. According to U.S. Census data, between 2005 and 2006, 13 percent of Americans changed residence, an average that skyrockets when reviewing mobility among voting age youth and minorities. Whereas 21 million Americans would be unable to prove identity to meet these strict requirements, no one has been able to prove there is any real problem with voter impersonation at the polls

On Jan. 14, a three-judge panel of the 11th Circuit Court of Appeals upheld the oft-challenged Georgia voter ID law, claiming that concerns of disenfranchising voters were simply "outweighed by the interests of Georgia in safeguarding the right to vote." However, the law's most recent challenger, the NAACP, "claims the state never proved a valid reason for the new requirements," according to the Associated Press. The group estimates that between 289,000 and 505,000 Georgians do not have a driver's licenses and "argued it was 'implausible' that all of them would have another form of approved ID."

Using a similar argument that voter ID was imperative to protect the "fundamental right to vote," Republicans have "sparked deep partisan tension in Texas" by moving to weaken filibuster rules with the ultimate purpose of advancing a voter ID bill, according to the Associated Press. The voter ID fight is nothing new to the state, which had "deadlocked on the issue two years ago."

Although Governor Rick Perry recently claimed that asking for voter ID "is not asking too much" in a Jan. 15 Fort Worth Star-Telegram report, he did not cite a reason why the state would need such a law in the first place. Republican Lt. Gov. David Dewhurst claims protecting the right to vote while preventing voter fraud is key, saying that "at the end of the day, there is nothing more fundamental than the right to vote and the sanctity of one person, one vote." However, a recent investigation by the state Attorney General's office found 22 prosecutions for election-related crimes, none of which are cases of voter impersonation at the polls, the only crime a voter ID law would prevent, according to the Star-Telegram on Tuesday.

Therefore, "there is no reason to believe that there is a need for more onerous identification requirements to ensure election security," said Dustin Rynders, an attorney with Advocacy Inc, a group that represents people with disabilities.

Like Georgia and Texas - states that have yet to prove the necessity for voter ID - Mississippi Sen. David Jordan (D-Greenwood) concluded that the state had no "significant number of cases of fraud involving voter ID" after pressing Republican Elections Committee Chairman Terry Burton for examples of how voter ID could have prevented voter fraud.

Just as the evidence of voter fraud is lacking in the state, so is the concern for voters who would be affected by a voter ID requirement. Last week, the Mississippi Senate passed a voter ID bill, much to the disappointment of Republican officials who disapproved of an added provision exempting voters born before 1946 from the providing voter ID, according to the Associated Press. The provision, added by Sen. David Blount (D-Jackson), appeared to lessen opposition to the bill, lending to its passage.

''We need a law that respects our seniors, especially those who personally experienced having their constitutional right to vote denied,'' Blount said.

With Republican officials considering the exemption of elderly voters a "loophole," the bill has since been held on a motion to reconsider, "a move designed to get a stronger bill," according to the Desoto Times earlier this week.

A similar bill in the House also received criticisms by state Republican Chairman Brad White, who said it was "watered down" election reform that would "do nothing to enhance the security or integrity of our election system," according to another AP report.

Last week, nine states filed or introduced bills to require voters to present identification at the polls. To monitor these bills, visit www.ElectionLegislation.org (registration required).

Quick Links:
Voter ID Requirements Web Page. Project Vote.
Policy Brief on Voter Identification. Brennan Center for Justice at NYU School of Law. 2006.
Minnite, Lorraine. The Politics of Voter Fraud. Project Vote. March 2007.
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. 2006.
Barreto, M. et. al. The Disproportionate Impact of Indiana Voter ID Requirements on the Electorate. Nov. 2007.
Hood, M.V. And Charles S. Bullock. Worth a Thousand Words? An Analysis of Georgia's Voter Identification Statute. University of Georgia. 2007.

In Other News:

Make Absentee Voting Easier for Military Members - Roll Call
Ever since the 2000 election's Florida controversy, problems with absentee voting by our military personnel overseas have been on the minds of election reformers - but not so much on the agenda of election officials.

Bills aim to recast elections - Tulsa World [Okla.]
OKLAHOMA CITY - A number of bills filed for the upcoming session propose changes to the state's election laws.

Disenfranchisement Reform: Lawmakers Move Toward Expanding Voting Rights in 2009

project vote — Thu, 15 Jan 2009 23:17:49 GMT

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

Weekly Voting Rights News Update

by Erin Ferns

The 2008 presidential election was an inspiration for many citizens to take part in the American democratic process, including first-time voter and convicted felon Eric Stephen Willems of Minnesota. Unfortunately, that vote cost Willems, who was on probation, a trip back to jail, according to the Associated Press last week.
Before voting on Election Day, Willems left a telephone message with his probation officer of his plans to vote, as he was required to do under "intensive supervised release." He was later called back and informed that he had just committed a felony.

When asked if he had been informed of his loss of voting rights upon release from prison, (a commonly neglected procedure that often leaves former felons confused and unnecessarily disenfranchised or, in Willems' case, casting illegal votes) Willems claims he "must have gapped out" that information.

"I was just excited that the presidential election was coming up and I would be able to vote," Willems said. "I had never voted in my life."

Like many states, Minnesota disenfranchises convicted felons until all terms of their sentences are complete, an issue that advocates and lawmakers have long battled over, weighing the cost of stripping citizens who have already paid their debt to society of their civil rights and the subsequent impact it has on social re-integration.

This year looks promising for disenfranchisement reform as "the issue continued to garner editorial support in the media, gain legislative momentum from policymakers, and catch the attention of researchers and advocates alike" in 2008, according to criminal justice public policy group, the Sentencing Project in a recent news report.

Today, more than five million people are not allowed to vote as a result of felony conviction. "As many as four million of these people live, work and raise families in our communities, but because of a conviction in their past they are still denied the right to vote," according to a 2008 report by Erika Wood of the Brennan Center for Justice at NYU School of Law, a leading advocate for automatic post-incarceration restoration of voting rights "in each of the 35 states that still disenfranchise people who are no longer in prison."

Under a system of automatic post-incarceration restoration of rights, "citizens released from prison would be immediately eligible to vote while on probation and parole, as are those who are sentenced to probation without serving any time in prison," wrote Wood. "These citizens would be permitted to register in precisely the same way as other eligible citizens, without submission of special paperwork."

"Restoring the right to vote to ex-offenders is an integral aspect of reintegration into society," according to a 2007 Project Vote report, which notes a disproportionate over-representation of low-income and minority citizens in the criminal justice system. "Consistent policies are necessary to prevent large-scale disenfranchisement not only of the ex-offenders themselves, but also of the communities to which they belong. Society as a whole benefits when a representative government truly represents all its citizens."

While advocates like the Brennan Center push for such reforms, expanding voting rights to all citizens - including former felons - has become the focus of lawmakers on the both the state and federal levels. Since 1997, 19 states have amended felon disenfranchisement policies, leading to the restoration of voting rights for at least 760,000 people, according to a 2008 Sentencing Project report.

Last fall, two federal bills were introduced to secure the federal voting rights of individuals who are no longer incarcerated. Although neither bill progressed in the Congress, another bill was introduced for the 2009 session just last week. House Bill 59, sponsored by Rep. Jesse Jackson (D-IL), is currently in the Judiciary committee. On the state level, several legislatures are pre-filing and introducing bills related to felon voting rights, most of which are designed to reduce current restrictions. For example, Wyoming Rep. Dan Zwonitzer (R-Cheyenne) is sponsoring a bill to reduce the waiting period for non-violent criminals to restore their voting rights, according to local publication, the Caspar Star-Tribune. Currently, all former felons in Wyoming must wait five years to have their voting rights restored.

States considering legislation to expand voting rights to certain felons include Georgia, Kentucky (which currently is one of two states to permanently disenfranchise felons), New Jersey, New York, Texas, and Virginia. At this time, Mississippi is the only state to introduce legislation to increase felon voting restrictions (S 2443 and SCR 514). Visit www.electionlegislation.org for more information on these bills.

Quick Links:

Felon Voting Laws By State. Project Vote. 12 Sept. 2008.

Restoring Voting Rights to Former Felons. Project Vote. 2007.

In Other News:

Federal panel upholds Georgia voter ID requirement - Associated Press
ATLANTA - An oft-challenged Georgia law that requires voters to show photo identification before they cast their ballots was again upheld Wednesday, this time by a federal appeals panel.

Early partisan bitterness erupts in Texas Senate over voter identification laws - Associated Press
AUSTIN -- It didn't take long for partisan bitterness and the simmering battle over voter identification laws to mar what was supposed to be a peaceful start of the 2009 Texas Legislature.

Mills wants birth certificate required for voter registration - Gainesville Times [Ga.]
GAINESVILLE - State Rep. James Mills, R-Chestnut Mountain, introduced a bill Monday that would require voters registering for the first time to present their birth certificate.

Bill to ban election-day voter registration swamped by opponents - Billings Gazette [Mont.]
HELENA - Groups representing college students, the elderly, American Indians, women, labor unions and environmentalists turned out in force Tuesday to oppose a Bozeman Republican's bill that would no longer allow people to register to vote on Election Day.

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.

Record Voter Turnout Indicates Closing of Electoral Gaps With the Help of Early Vote

project vote — Thu, 18 Dec 2008 19:39:20 GMT

Cross-posted at Project Vote's Voting Matters Blog

Weekly Voting Rights News Update

By Erin Ferns

Final election results from the 2008 presidential election reveal that voter turnout was at the "highest level in 40 years." However, the biggest gain cannot just be seen in overall turnout. As Project Vote assessed in a recent report on 2008 voter demographics - now confirmed by other sources - the biggest gain was among minority and young voters. This success signifies a shift towards a more balanced electorate, and may herald election reforms to expand early voting and voter registration opportunities.
"Final figures from nearly every state and the District of Columbia showed that more than 131 million people voted, the most ever for a presidential election," according to the Associated Press on Monday. Nearly 62 percent of eligible citizens cast ballots in 2008, compared to the 60.1 percent that turned out in 2004.

"We seem to have restored the levels of civic engagement that we had in the 1950s and 1960s," said George Mason University political science professor, Michael McDonald. "But we didn't break those levels."

Southern California voters were among the many that have brought civic engagement back to the levels the region saw nearly three decades ago. Until recently, the inland region, consisting of Riverside and San Bernadino Counties, registered and voted at rates well behind the state average, according to the Press-Enterprise. Although nearly a third of region's 2.5 million eligible voters have reportedly never registered to vote, turnout rates in 2008 broke a quarter-century record in the area. Both counties report turnouts in the mid to upper 70s, one even exceeding California's projected turnout rate of 77.5 percent.

"Turnout is always higher in presidential elections," Riverside County Registrar of Voters Barbara Dunmore said. "We certainly hope that it will encourage voters to return to their polling places and exercise their right to vote."

While overall turnout records are being set or broken by the 2008 election, advocates are taking closer examinations of turnout among certain sections of the electorate, particularly among the historically underrepresented.

Black voter turnout in particular "was at a historic high," according to a new analysis of black voter turnout in 2008 by the Joint Center for Political and Economic Studies. According to the report, "the Census Bureau's November 2006 Current Population Survey reported that there were 24.81 million eligible African American adults, and with 16.6 million black votes cast, 2008 black turnout would be 66.8 percent - smashing the previous record of 58.5 percent in 1964; the post-Voting Rights Act turnout high was 57.6 percent in 1968."
Florida Today, a Brevard County publication, also analyzed voter data, attributing the increase in Democratic turnout to "a surge in minority voters. The number of minorities who cast ballots this year was up 47 percent from 2004. The increase for white voters was 4 percent."

The paper also cited Project Vote's recent analysis of voter turnout, which "found the number of minority voters was up significantly in the state -- and nationwide."

"I think there was definitely an attempt to participate in the process in a way they haven't been able to before," said chairman of Brevard Republican Party, John Anderson, who credits black churches and civil rights groups for playing a "pivotal role in increasing black turnout."

This surge in black turnout, according to the Associated Press, "helped" Obama win as it gave black voters "the opportunity to elect the first black president."

Obama's campaign also mobilized voters to cast ballots early, AP reports, perhaps contributing to the heightened interest in this method of voting. Early voting, "either by mail or designated sites," accounted for more than 31 percent votes on Election Day. In 2004, just 22 percent of votes were cast early.

Early voting is among the most talked about election reforms following the election. Since November, at least six states have pre-filed early voting bills for the 2009-2010 legislative sessions. Similarly, voter registration reforms, such as Election Day Registration (EDR), are gaining interest among advocates and lawmakers with at least two states considering EDR for 2009 so far and one state putting EDR to the test in the 2008 election.

Calling the election a "true test" of the state's 2007 EDR law, Secretary of State Michael Mauro reported voter turnout increased threepercent in Iowa with nearly 48,000 Iowans showing up on Election Day to both register to vote and cast a ballot, according to a Radio Iowa report.

Despite unfounded but common fears of EDR being particularly susceptible to voter fraud, Mauro reported that there were no "real cases" of voter fraud and that the state was successful in allowing "many more people to participate in the process" while keeping the voting system "safe and secure."

Iowa is among nine states that practices EDR, not including Ohio which permitted voters to register and vote during the early voting period this year. Though Iowa only passed its law last year, other states have practiced EDR since the 1970s, showing turnout rates increase 10-12 percent above the national average, according to public policy group, Demos.

Quick Links:
Jodie Herman and Lorraine Minnite. "The Demographics of Voters in America's 2008 General Election: A Preliminary Assessment." Project Vote. Nov. 18, 2008.

In Other News:

Bill eliminates same-day register, vote - Cincinnati Enquirer
COLUMBUS - Setting up a possible showdown with Gov. Ted Strickland, the Ohio House passed a bill Tuesday that eliminates the "golden week"- a period when voters could register and vote by absentee ballot on the same day.

OPINION: Toward A Better Registration System: Eliminating A Mountain Of Paperwork Is A Top Priority For Gathering Of Election Administrators - National Journal
Imagine an election in which registration is automatic, voters cast their ballots online, and more than half the votes are in before Election Day.

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?

Georgia, Minnesota, and the Importance of Verified Voting

Midwest Millian — Tue, 02 Dec 2008 00:36:47 GMT

Cross-posted at Daily Kos.

We're about to finish the 2008 election cycle with the conclusion of two elections for the United States Senate, a recount in Minnesota and a runoff in Georgia. It's hard to imagine a better illustration of America's oddball and potentially disastrous election process.

The Senate election in Minnesota is being recounted in what most consider, ballot challenges aside, an admirably scrupulous process. In Minnesota, every voter votes on a paper ballot read by optical scanners, and ballot-marking devices are available in every polling place to serve voters who cannot use a pen to mark a ballot due to vision, dexterity or other disabilities. Recounts are done by hand. If there is doubt about the intent of the voter, the ballots can be examined, and standards for evaluating intent applied. Part of the reason there are so many unresolved ballot challenges in Minnesota is simply because there is independent evidence of voter intent to evaluate.
The other Senate election, tomorrow's Georgia runoff, could not be recounted effectively if the margin turns out to be less than 50 votes, as happened in four Iowa state legislative races, or even one vote, as happened in an Alaska state House race. All the polling places in Georgia use only paperless touch screen machines, whose reputation for security and reliability has been justly traduced by a series of reports which I pray I will have occasion to forget one day. On these machines, voter intent cannot be recovered independently of the software in the machines. The ACCURATE Center, a think tank consisting of computer scientists and technologists with an interest in voting technology, summed up the problem (p. 23 of the pdf):

In today's purely electronic systems, there is no "fixed record" for voters to review, or for officials to review as a check against the system or in the case of a recount. If votes were incorrectly recorded by the system there is no possibility of a meaningful recount.

The inability to perform an effective recount creates vulnerability to both small-scale and large-scale error and tampering. As I have written too many times before, the Brennan Center Task Force on Voting System Security concluded that a close statewide election on paperless electronic systems could be manipulated successfully by as few as one to three people. And the mere existence of paper ballots is not enough; systematic and robust hand count audits are necessary after each election.

And so ends the 2008 federal election cycle, with the polarities of America's voting system showing in bold relief for anyone who is paying attention. I hope this becomes a teachable moment. We have limited time to improve this situation by 2012, still less by 2010.

And improve the situation we must. By my count, 164 electoral votes in the 2008 Presidential election were determined by votes cast on purely electronic systems. Georgia (15 electoral votes), Maryland (10 EVs), Delaware (3), Louisiana (9), New Jersey (15), and South Carolina (8) use paperless e-voting at all polling places statewide. Based on voter-registration figures and county voting systems, it's safe to say that a majority of ballots in Indiana (11 EVs), Kansas (6), Kentucky (8), Pennsylvania (21), Tennessee (11), Texas (34), and Virginia (13) were paperless. Maryland and Tennessee should convert to paper ballot/optical scan systems by 2010, though counterattacks by election officials who don't want to lose their paperless machines are to be expected. New Jersey passed a law requiring voter-verified paper records in 2005, though some days I expect to be driving a hydrogen-powered hovercar by the time they get around to implementing it.

It may seem like a no-brainer for a Democratic President and a Democratic Congress to enact a bill to require paper ballots and audits. President-elect Obama was cosponsor of the most recent iteration of Senator Clinton's Count Every Vote Act, a bill which included some of the best language on voting machines in any Congress to date, requiring robust audits and improved security.

But passing anything nearly as good as the voting machine language in the Count Every Vote Act will be damned hard. I'll post more on that soon.

Exit Poll Analysis Suggests Obama Victory Due to Surge in Youth and Minority Voting

project vote — Wed, 26 Nov 2008 21:43:42 GMT

The United States saw dramatic increases in voting from traditionally underrepresented groups, including minorities and young voters, according to a new analysis released this week by Project Vote. If borne out by systematic analysis of the voter rolls, this change in the electorate is evidence of the power of successful voter registration drives and an indication of the strong inclination of voters to participate in the process when candidates address their issues.
Countering the conventional wisdom that the voting population on November 4 did not change as dramatically as predicted, the analysis, The Demographics of Voters in America's 2008 General Election: A Preliminary Assessment, demonstrates that African-Americans, Latinos, and young voters cast millions more ballots in 2008 than in 2004.

"The analysis estimated that about 5.8 million more minorities voted in this year's presidential election than in 2004, while nearly 1.2 million fewer whites went to the polls," wrote Greg Gordon of McClatchy Newspapers. "The figures appear to reflect the success of Project Vote and other liberal voter registration groups in registering millions of young, poor, elderly and minority Americans to vote in recent election cycles."

According to the analysis, African-Americans cast nearly three million more ballots nationwide in 2008 than in 2004-an increase of 21 percent. The total votes cast by Latinos went up by 16 percent-more than 1.5 million-and young Americans aged 18-29 cast 1.8 million more votes, a nine percent increase. That the overall totals did not increase significantly compared to 2004 was in part due to a decrease in voting by white voters.

In addition to presenting an analysis of ballots cast from the United States as a whole, the memo by Project Vote consultant and Ph.D. candidate Jody Herman and Barnard College political science professor Lorraine Minnite examines several key states in detail, including Colorado, Florida, Missouri, New Mexico, Nevada, Ohio, and Pennsylvania.

The Project Vote data is preliminary, and does not speak to "turnout," which is traditionally a measure of the percentage of the voting-eligible population that shows up to vote. Project Vote expects to release a full report on turnout in the 2008 election in 2009 when government survey data on the voting-eligible population comes available. Yet, this preliminary analysis indicates that a significant shift occurred this year.

"There is no doubt that this surge in voting by Americans of color and young people had a powerful impact on the outcome of the election," said Michael Slater, executive director of Project Vote, in a press release issued today.

"Separate opinion polls and election results themselves indicate that an overwhelming majority of African-Americans and Latinos backed Obama," according to Gordon.

"Thus, the appearance of an African-American presidential candidate with a sympathetic message may have prompted the nation's minorities to vote at levels approaching white voters -- if final state vote counts do not upend Project Vote's figures," wrote AlterNet's Steve Rosenfeld last week. "Its findings also suggest the U.S. electorate is not an inflexible assembly of voting constituencies, but has segments that are mobilized -- or demobilized -- depending on the year, candidate and message,"

In an email exchange with Rosenfeld, Frank Sharry, executive director of pro-immigration reform group, America's Voice, said "neither the turnout increase among Latinos -- nor the swing in support to Democrats -- were surprising."

"Telling people you don't like them and don't want them is not a winning electoral strategy," wrote Sharry. "But that is what the Republican Party has been saying to immigrants, Latino immigrants in particular, for the past four years. No surprise, then, that record numbers of Latinos turned out in 2008 and that the swing away from Republicans to Democrats among Latino immigrants in particular was dramatic."

Blumner: "Universal Voter Registration Needs to Be Tried"

project vote — Tue, 25 Nov 2008 19:20:48 GMT

Following the historic 2008 election and the plethora of problems with voter registrations - from partisan cries of voter fraud by third party registration drives to voter suppression from bad list maintenance procedures - syndicated columnist Robyn Blumner offers a solution: Universal Voter Registration.
"The problems arose because our old system of state-by-state registration rules - some of which appear designed for a mail system via pony express - is outmoded and frankly retains vestiges of our racist past," wrote Blumner in a Nov. 23 op-ed . "We need to follow the lead of at least 24 other countries and adopt a system of automatic and permanent voter registration. "

Blumner asserts that problems with voter registration would disappear if state or federal government took responsibility for ensuring every eligible citizen was registered to vote. This would eliminate the need for third-party voter registration drives, cut the "redundant, phony" and illegal cards that "gum up" the voter registration process, and curb voter disenfranchisement from problem-prone procedures, such as "No Match, No Vote," she said.

"But if the pragmatic arguments don't sway, perhaps the moral ones will. Holding onto the current voter registration system is like cleaving to a relic of our disgraced history," she wrote, recalling the origin of voter registration, which along with literacy tests and poll taxes, began "in the late 19th century as a way to tamp down the votes of 'undesirables,'" which meant immigrants and freed slaves.

"Then there is the length of time between registration and the election," she wrote. "While eight states allow registration and voting on the same day, 21 states cut off registration on Oct. 6. We can send money around the world in the blink of an eye, but it apparently takes weeks of lead time to put a voter into a database. Ridiculous."

"Despite the large turnout in the last election, there are still 64 million unregistered voters in the country," she wrote. "Universal registration needs to be tried."

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

Election Reform: Universal Registration and Early Voting Take Lead in Voting Rights Discussion

project vote — Thu, 13 Nov 2008 23:54:29 GMT

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

Weekly Voting Rights News Update

By Erin Ferns

Following one of the most momentous elections in the nation's history, officials and advocates across the country are already turning their attention to the future of American democracy. After a grueling battle over voter registration, voter roll maintenance, and ballot access for the ever growing electorate, leaders and advocates are evaluating what worked this year and considering major administrative and legislative overhauls before coming elections.
Last week, voters exhibited "remarkable persistence and patience" after "waiting in lines way too long" or "questioning challenges to their right to cast a ballot," the Washington Post editorialized Sunday.
"The fact that problems were not as pervasive as they might have been is due to the hard work of the voting rights community and election administrators in the months and even years before the election and the enthusiasm and persistence of voters," wrote voting rights expert, Tova Wang of Common Cause at AlterNet.

Some are calling the turnout of 132 million voters, according to figures from Monday's Los Angeles Times, a "record." However, others claim the turnout, while high at 62 percent, was just shy of beating the record 67 percent turnout of 1960, according to Curtis Gans, director of American University's Center for the Study of the American Electorate on NPR Tuesday. Although the number of voters always goes up-by about 6.5 million this year--Gans said the percentage may not. Despite clear electoral excitement across the country, with record numbers of young and minority voters registering to vote earlier this year, the relatively unremarkable turnout and the "forbearance" voters needed to cast a ballot may be indicative of a need to revamp the election system to provide access to all eligible citizens without compromising the democratic process.

After what voting rights advocate, Wendy Weiser calls the "ACORN issue," - referring to partisan attacks against third-party voter registration drives - voting rights advocates hope to "shift the onus on registering from the individual to government" through Universal Voter Registration, according to the Post.

"This means the registration process would no longer serve as a barrier to the right to vote," said Weiser, a lawyer at the Brennan Center for Justice at NYU School of Law in the Times.

"All across America, our people wasted untold hours dealing with duplicate registrations," said R. Doug Lewis, executive director of the National Assn. of Election Officials, according to the Times. This issue, along with high mobility rates in the country (which tend to be higher among lower income and younger citizens), warrant a revamping of the system. Under the current system, voters are required to update their registration every time they move, something that many voters do not realize, according to the Times.

To help resolve this, groups like the Brennan Center are proposing Universal Voter Registration, whereby states "update their computerized voter rolls when residents move from one city to another. And they could add new voters who move to the state and apply for driver's licenses." Others propose to "automatically add teens when they turn 18," the Times reports. "Under some plans, Congress could create a national voter registration roll, modeled after the Social Security database. Others say states should take the lead in expanding and improving their voter rolls."

Similar methods have been discussed by Sen. Hillary Rodham Clinton (D N.Y.), who has said she plans to introduce legislation to move automatic voter registration, according to the Times.

With an estimated third of all voters taking advantage of their state's early voting laws this presidential election, convenience voting (voting early or by mail without an excuse) is taking the lead in election reform discussions. According to the Post, "studies have shown that early voting results in greater participation."

As a result of the apparent early voting success across the country, various jurisdictions are considering early voting, including the city of Worcester, Massachusetts. City Councilors hoped to file legislation to allow early voting as well as Election Day Registration in the city, two measures that are not allowed under state law, according to the Worcester Telegram.

"The intent behind early voting is to increase voter participation and relieve congestion at the polls on Election Day," according to the Telegram.

However, some election experts are still skeptical of early voting and its mobilization powers: "There's no evidence that convenience voting...enhances turnout," Gans told NPR. "There is some evidence that it detracts from turnout. Of the 13 states that had the greatest decrease in turnout this time around, 12 of them had one of the convenience voting features. Of the 14 states that had the greatest increase, only six had convenience voting. This has been true in every election."

Gans continued, "this is a time shift for some people. Some people with no excuse absentee [voting] leave their ballots on the kitchen table. You diffuse mobilization over a period of X number of days rather than one day and you reduce the power. In this election, the Democrats did a major early vote mobilization effort, but it's not clear that they would've gotten the same amount of votes had they showed up on Election Day."

Other issues in election reform discussions include anti-voter caging and deceptive practices measures. After incidences of voter intimidation, such as a phony flier in Virginia that misled voters to believe Republicans voted Tuesday while Democrats voted Wednesday, advocates are pushing legislation to ban deceptive practices. "It's amazing how many emails with deliberate misleading information were sent out this year," Wang told the Times.

Wang said that a pending 2007 U.S. bill banning deceptive practices (S 453) has not yet become law, but stands "a good chance next year" because a key sponsor of last year's bill to outlaw deceptive election fliers was Sen. Barack Obama (D-IL). In an AlterNet opinion piece, Wang also touched on the issue of voter caging, providing support for anti-caging U.S. Senate Bill 2305. The pending bill is similar to U.S. House Bill 5038.

On a state level, key states Ohio and Colorado are taking measures to evaluate this year's election issues. Ohio Secretary of State Jennifer Brunner is planning a one-day, bipartisan summit "to see what worked well and see what the state can do better," reported the Associated Press, referring to a slew of recent election issues, including multiple Republican filed lawsuits regarding voter registration lists; the state's "unique" same day registration/early voting period; and the "surge in voters" who opted to vote on paper ballots, overwhelming officials in several large counties on Election Day.

Similarly, Colorado's Election Reform Commission was scheduled to meet Wednesday "to begin identifying ways to improve future elections in Colorado," particularly regarding mail voting, voter registration, voter purging and provisional balloting, according to the Rocky Mountain News. "The commission, established by a state law passed in the spring, is charged with making recommendations to the legislature by March."

Quick Links:
Weiser, Wendy. Universal Voter Registration. Brennan Center for Justice at NYU School of Law. 31 October 2008.
Convenience Voting. Project Vote [Web page].

In Other News:

Polls show big Hispanic voter turnout: Univision hails registration effort in state - Las Vegas Sun
A few days before early voting began Oct. 18, Univision anchor Luis Felipe Godinez stood next to a giant thermometer like the ones used for fundraising drives. He issued a challenge to his audience.

Let the bills begin: Area legislators get early start on 81st legislative session - Athens Review [Texas]
...Brown filed a bill requiring voters to present identification to vote. She said a voter will present either one photo identification card, such as a drivers license, or two forms of non-photo ID.

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

Miami Herald Illustrates GOP's Ruse to Suppress Voters

project vote — Tue, 04 Nov 2008 00:17:19 GMT

Miami Herald cartoonist, Jim Morin identifies the real culprit of election theft .