Election integrity

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

On Sept. 10, reporter Eartha Jane Melzer of online publication, the Michigan Messenger broke the story that the GOP of Macomb County, Mich. was planning to use public lists of foreclosures to challenge the eligibility of potentially thousands of low-income and minority voters in that hard-hit region. Since that time (and at least party through Project Vote's efforts to catalyze action to stop the illegal disenfranchisement), the story has been picked up by multiple news outlets around the country and generated a lawsuit from the Obama campaign and the DNC on behalf of potentially-disenfranchised Mich. voters.

Sept. 10

“We will have a list of foreclosed homes and will make sure people aren’t voting from those addresses,” Macomb County GOP chairman James Carabelli reportedly told the Messenger in the Sept. 10 report.

“The Macomb County party's plans to challenge voters who have defaulted on their house payments is likely to disproportionately affect African Americans who are overwhelmingly Democratic voters,” Melzer wrote. “More than 60 percent of all sub-prime loans – the most likely kind of loan to go into default – were made to African Americans in Michigan...”

Sept. 11

In a statement, Project Vote attorney Teresa James explained that Michigan law allows challenges at the polls only if the challenger “knows or has good reason to suspect” a voter is ineligible. According to James, the Michigan Secretary of State has clarified this to require that challenges should be based on “reliable sources or means.”

“Republican challengers with only a list of foreclosure notices will have NO evidence or reliable source to suggest that eligible voters have moved and are no longer eligible to vote,” James said.

Later that day, however, Carabelli denied having any such plans, according to a Detroit News report. Despite his claim that the story was a fabrication, Melzer “stands by her story '100 percent' and has clear notes on her conversation with Carabelli.”

Sept. 12

James sent a letter on behalf of Project Vote to both major political parties in Michigan, offering a detailed analysis of state and federal law and the requirements for challenging voters based on residency. In the letter, James clarified that a change of address for any reason – including losing one's home to foreclosure – does not itself disqualify an individual from voting under Michigan law, and that challenging a voter on the basis of a foreclosure would violate the National Voter Registration Act and the Voting Rights Act.

Sept. 16

The Obama campaign and the Democratic National Committee filed a lawsuit on behalf of the potentially disenfranchised foreclosure victims, according to Greg Gordon of McClatchy Newspapers.

“Democratic lawyers argued that foreclosure proceedings can take more than a year and don't always force a homeowner to change residences,” Gordon wrote. “Nor is there a basis, they wrote, 'for challenging the right to vote of all the renters who reside in an apartment building that has been foreclosed.'

“They said the tactic is intended 'to discourage, intimidate and suppress the vote of individuals whom defendant Republicans believe are unlikely to vote for them.'”

A spokesman for the state Republican Party denied the plan to use foreclosure lists to challenge voters and claimed that they “never talked about doing it,” Gordon wrote.

The same day, “a group of Senate Democrats -- including Sen. Obama -- sent a letter to Attorney General Michael Mukasey asking for details on what the Justice Department plans to do to ensure voters aren't 'intimidated or harassed based solely on the fact that they have received a foreclosure notice,'” according to the Wall Street Journal.

“Peter Carr, a Justice Department spokesman, said the department 'is aware of the allegations and is currently reviewing the matter.'”

Sept. 19

U.S. Sen. John Conyers (D-Mich.) asked the McCain campaign to “'repudiate any efforts of the Republican Party and any of its state affiliates to engage in voter suppression and intimidation tactics,'" relating directly to the Sept. 10 report on caging foreclosure victims in Macomb County, Mich., according to a blog post in The Hill.

"'It is beyond disgraceful that the Republican Party now seems to be targeting those who are suffering the most,' Conyers said.’ It appears that individuals who can't recall how many houses they own don't understand how awful it is to lose your home to foreclosure, and don't know that you don’t need to own property to vote in the United States of America.'”

Conyers' anti-caging bill, Caging Prohibition Act of 2008 (H 5038) has not moved in Congress since January.

Sept. 24

Congressional members and acting assistant Attorney General for the Justice Department's Civil Rights division, Grace Chung Becker discussed the Michigan voter caging scheme during a joint hearing of the House Judiciary and Administration committees, according to Jonathan Kaplan of the Michigan Messenger.

Becker said that if allegations of voter caging foreclosure victims were true, “it would be a concern to us in the Civil Rights Division.” She also noted that criminal prosecutors from the DOJ would not monitor polling stations this year.

That same day, the Michigan House Democrats announced the introduction of a plan “that protects the right to vote for residents who have received a foreclosure notice.” The plan is currently in the Senate, according to the House Democrats news release.

In Ohio, Secretary of State Jennifer Brunner also took action to protect the rights of low-income voters in that state. On Sept. 24, Brunner issued a directive to county boards of election stating that they “may not cancel an Ohioan’s voter registration based solely on the fact that the person is involved in a foreclosure process.” Brunner instructed boards that they must comply with the requirements of the National Voter Registration Act (NVRA), which says a voter’s registration can only be canceled due to residency if the voter confirms such a change in writing, or if the voter fails to respond to a forwardable notice and fails to vote in two subsequent federal elections.

Picking up on the severity of the voting rights issue and how it may impact national turnout in November, Ian Urbina of the New York Times reported how “federal election officials say they are concerned that voters are not being properly informed of how to update their addresses – a problem that may lead to the loss of thousands of votes.

The number of people who move “due to foreclosure or any other reason” exceeds the number of people who notified the election boards.” According to Urbina, 375,000 Ohio residents filed for a change of address with the U.S. Postal Service, but only 24,000 updated their voter registration information. Similarly, in Missouri, 250,000 people notified the Postal Service of their move, but only 22,000 told the election board.

Indiana, Kentucky, Missouri and Ohio sent notices to residents in select counties who have filed for change of address, but did not update voter registration, Urbina wrote.

On Sept. 24 Project Vote sent letters to the DNC and the RNC, as well as to Secretaries of State, Attorneys-General, and state party chairs in key states where we are conducting voter registration work and fear large numbers of low-income voters could be susceptible to similar caging tactics, including Ariz., Colo., Fla., N.M., Penn., Nev., N.C., Va., Ohio, Md., Mo. and Ga.. Project Vote also sent a letter to the Department of Justice, outlining the legal ramifications of this and other voter caging operations, and demanding investigation and prosecution of acts that violate voter rights under the Voting Rights Act, the National Voter Registration Act, and other federal laws.

Sept. 26

The Washington Post reported that Maryland Attorney General Douglas Gansler instructed the state and local election officials to ensure that voters who have lost their homes to foreclosures are aware that they have not lost their right to vote.

“Terry Speigner, chairman of the Democratic Central Committee in Prince George's County, said his phone 'has been burning up' with calls about the rumor in Maryland,” according to Post writer, Ovetta Wiggins.

“A foreclosure is not a valid basis on which to challenge a registered voter at the polls,” Gansler wrote in the letter to officials.

As we were following the voter caging story in Michigan, the Republican National Committee decided to heighten their attack on the nation's largest nonpartisan voter registration drive and its connection to presidential candidate Barrack Obama – another voter suppression effort that could create an atmosphere of fear and intimidation at the polls, according a Sept. 28 NPR report by Pam Fessler.

Quick Links:

“Voter Caging.” Project Vote.

James, Teresa. “Caging Democracy: A 50-Year History of Partisan Challenges to Minority Voters.” Project Vote. September 2007.

Minnite, Lorraine. “The Politics of Voter Fraud.” Project Vote. March 2007.

Erin Ferns is a research analyst with Project Vote's Strategic Writing and Research Department.

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

Weekly Voting Rights News Update

By Erin Ferns

"I think the days of ballot box stuffing are more or less gone." - Allen Raymond, former GOP operative

Voter fraud by individuals has been a major partisan debate in recent elections, inspiring multiple states to consider or pass laws that purport to stop it, including "no-match, no-vote" list maintenance procedures and strict voter ID  requirements. Despite federal findings that the act of casting an illegal ballot is exceedingly rare, partisans often cite large scale voter registration drives as voter fraud culprits, and perpetuate the myth of voter fraud by spreading the fear that such votes cancel out legitimate ones. With rising registration rates - particularly among historically underrepresented Americans - it is no surprise that partisans are spreading this myth, and the media often perpetuates the hysteria by printing stories on the small numbers of bad registration cards submitted by large scale voter registration drives (including the 1.2 million submitted by Project Vote voter registration partner, ACORN).

Despite the constant trickle of "voter fraud" scares in the media, however, it is becoming more evident that elections are more often compromised by systematic efforts to suppress eligible voters, including the very measures that are meant to protect against the extremely rare instances of ineligible voters attempting to cast a ballot. The real enemy to fair elections are organized voter suppression efforts that are seen in these poorly devised election laws, partisan dirty tricks, and systematic partisan efforts to challenge legitimate voters. From the alleged plan to challenge foreclosure victims in Michigan and Ohio to the potential "no-match, no-vote" fiascoes in Wisconsin and Florida, many Americans have cause to wonder, "will my vote count in November?"

On Monday, September 22, KCRW's To the Point host, Warren Olney, discussed voter fraud and voter suppression in the 2008 presidential election with Project Vote Executive Director Michael Slater, Doug Chapin of the Pew Center, former GOP strategist Allen Raymond, and Wall Street Journal columnist, John Fund.

In "major states like Ohio, Florida, Michigan and Pennsylvania" this year, Slater warned that we can expect some "election administration problems," which run the gamut from logistical issues, such as poorly distributed voting machines, to voter suppression tactics, including voter caging, which historically affect low income and minority communities. These communities, which have historically been systematically shut out of the electoral process, have shown signs of increased political interest and higher registration rates they year, prompting fears of increased partisan efforts to suppress this tidal wave of new voters.

Fund repeated stories of small numbers of allegedly invalid voter registration cards being submitted out of the more than 1.2 million turned in this year by Project Vote voter registration partner, ACORN, and said "some of these voter registration efforts have been questionable." But former GOP operative Allen Raymond, explained that there was a critical difference between a "systematic" voter suppression program "versus one that is part of the process." For one, he said, systematic efforts, like voter caging, are far more detrimental to election integrity than voter registration drive employees submitting bad applications.

Raymond was dismissive of the allegations against voter registration drives.

"Look, those are a couple of people who are just trying to earn a buck, collecting signatures. I've seen it all the time on ballot access petition efforts," he said of the voter registration fraud allegations. "I think the days of ballot box stuffing are more or less gone...and so I think what you really need to address are those systematic efforts," said Raymond.

Election Dirty Tricks

Raymond knows all about partisan use of systemic voter suppression efforts; he has written a book entitled How to Rig an Election: Confessions of a Republican Operative, which describes his years as a dirty-tricks specialist for the GOP. Raymond served time for a 2002 Republican phone jamming scheme. In a September 15 interview with the Michigan Messenger Raymond said "holding down Democratic turnout is a key part of Republican strategy for victory in November." Asked about reports of Republican attempts to challenge the voting rights of foreclosure victims, Raymond said that if he were still in the dirty-tricks business he "would be doing that all day long."

Other stories that have surfaced in recent weeks contribute to fears that partisans are ramping up their voter suppression machines. Last week, a mailer from the Republican National Committee that went to multiple registered Democrats in Florida left many confused about their party affiliation, according to Pam Fessler of NPR. While some Democratic officials consider the mailer an attempt to challenge voters based on returned mail, particularly Democratic senior citizens, Republican officials claim the confusion was not intentional and denied allegations of voter caging, according to the Naples Daily News on Sunday.

But in recent weeks several media and Internet outlets, including Air America, have reported on accounts of massive mailings of absentee ballots from the McCain campaign sent to registered Democrats and Obama supporters in other battleground states as well, including  Wisconsin, Virginia, Pennsylvania, and New Jersey; many of the mailings appear to contain the wrong preprinted return addresses for ballots, which would direct them to the wrong precinct.

Of even greater concern than dirty tricks is the possibility of voter suppression through election administration problems that are expected to run the gamut in key states.

No-Match, No-Vote

Voter advocates claim thousands of Wisconsin voters may "lose their right to vote" as a result of a lawsuit filed by Attorney General J.B. Van Hollen just six weeks before the election.  Hollen, who sued the Government Accountability Board - which oversees elections in the state -  to "seek an order requiring the board to compare voter information to the Department of Transportation records for more voters," is being scrutinized for his ties to the McCain campaign (he is the campaign's co-chair in Wisconsin), according to the Milwaukee Journal-Sentinel.

Hollen hopes to quickly implement a notoriously faulty voter list maintenance system known as "no-match, no-vote," which experts say could result in purging eligible voters from the Wisconsin registration rolls. This system was found to incorrectly fail 22 percent of voters during an initial test in August (additionally, four out of six judges on the G.A.B. also failed to match the system). Under "no-match, no-vote", voters could mistakenly lose their registration as a result of "transposed digits, variations in names ("Becky" instead of "Rebecca," for instance) or poor handwriting on voter registration forms," the Journal-Sentinel reports. "Apt to fail are people with apostrophes, hyphens or spaces in their names. Voter records usually drop punctuation and spaces - 'ONeil' instead of 'O'Neil' - while driver's license records often keep them."

A similar practice is being enforced in Florida that could "turn Election Day 2008 in Florida into a catastrophe akin to the hanging-chads debacle of 2000," Florida Today editorialized this week. "With no time for troubleshooting the system, that could falsely disenfranchise many who've done nothing wrong." The state's dormant  2005 "no-match, no-vote" law was revived by Republican Secretary of State Kurt Browning in early September after challenges failed in court. Browning's decision to enforce this practice caused a critical uproar from voting rights activists, who claim such a move could disenfranchise thousands of Floridians, according to a Miami Herald report earlier this month.

"No-match, no-vote laws" are sold to the public as a way to prevent fraudulent voting, but as Florida Today correctly notes; "few people try to vote under someone else's name. A five-year hunt for voter fraud by the Justice Department under the Bush administration found almost no evidence of organized efforts to tilt national elections."

The Elections Supervisor of Leon County, Florida, Ion Sancho, is quoted in the Florida Today piece as saying that the real problem is not potential fraud by voters but partisan manipulation of the process. Sancho has been vocal about his opposition to the Florida laws he is required to enforce, including how the state makes eligible voters vulnerable to partisan challenges. Speaking on WGCU radio in Florida on September 12, Sancho told host Sasha Rethati that in the past ten years the Florida legislature had written rules to "make sure that the party in power could stay in power." He pointed to a 2005 Florida law that stripped the state's voters of the right to contest challenges at the polls, and how challengers now only needed to express a "good faith belief" that a voter is ineligible to force the voter to file a provisional ballot. "You can supply a list containing 10,000 names to the supervisor of elections," said Sancho, "and I have to make all 10,000 members vote by provisional ballot."

"What we have here is partisans attempting to use anything they can possibly find to gain an advantage on the other party," said Sancho. "Quite frankly, I'm fed up with it as an election official. The reason I came into this field was to make sure Americans had the right to vote, and to have their votes counted properly."



Quick Links:

Minnite, Lorraine. The Politics of Voter Fraud. Project Vote. March 2007.



In Other News:

Same-day voter signup getting serious look - Decatur Herald-Review [Ill.]

...Illinois House Speaker Michael Madigan, D-Chicago, is investigating moving to same-day voter registration in two years. That means a person who was eligible to register but had not done so could walk into a polling place on Election Day, register to vote and be handed a ballot...

GOP: Lose Your Home, Lose Your Vote - The Nation

Senator John McCain was a foot soldier in the deregulation revolution, which triggered the current banking crisis and the wave of foreclosures. In Michigan, his party wants to deny the right to vote to victims of the GOP's misguided economic policies and the sleazy banking practices they encouraged.

Oklahoma election officials disagree with ACLU - Associated Press

State law prohibits former felons from registering to vote until the full length of their prescribed sentence has expired - even if they are not in prison and are no longer supervised by the Department of Corrections, the secretary of the state Election Board said Monday.

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

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

Weekly Voting Rights News Update

By Erin Ferns

Partisan political operatives in Michigan are taking voter caging operations to depths that would surprise even the most cynical observers of American elections. If their plans are put into action, thousands of Michigan foreclosure victims may find that they will not only have lost their homes this year, but also their vote.

Operatives in the closely contested state, which is home to thousands of homeowners facing foreclosure, are “gearing up for a comprehensive voter challenge campaign,” according to Eartha Jane Melzer of the Michigan Messenger Wednesday. The state allows parties to send election challengers to polls to challenge the eligibility of voters if they “have good reason to believe” a voter is ineligible. In this case, the GOP of Macomb County—a “key swing county” with a foreclosure rate in the top three percent in the nation—has announced plans to challenge the voting eligibility of foreclosure victims based on residency.

“We will have a list of foreclosed homes and will make sure people aren’t voting from those addresses,” Macomb County GOP chairman James Carabelli told the Messenger.

J. Gerald Herbert, a former voting rights litigator for the U.S. Justice Department, questions what he calls a “mean-spirited” and possibly legally-baseless tactic: “You can't challenge people without a factual basis for doing so...I don't think a foreclosure notice is sufficient basis for a challenge, because people often remain in their homes after foreclosure begins and sometimes are able to negotiate and refinance.”

Teresa James, attorney for Project Vote, agrees. In a statement released today, James explains that Michigan law allows challenges at the polls only if the challenger “knows or has good reason to suspect” a voter is ineligible. According to James, the Michigan Secretary of State has clarified this to require that challenges should be based on “reliable sources or means.”

“Republican challengers with only a list of foreclosure notices will have NO evidence or reliable source to suggest that eligible voters have moved and are no longer eligible to vote,” says James.

“The Macomb County party's plans to challenge voters who have defaulted on their house payments is likely to disproportionately affect African-Americans who are overwhelmingly Democratic voters,” Melzer writes. “More than 60 percent of all sub-prime loans – the most likely kind of loan to go into default – were made to African-Americans in Michigan...”

Melzer points out that Republican presidential candidate John McCain's regional headquarters is in the office of the state's largest foreclosure law firm, Trott & Trott, whose founder has raised hundreds of thousands of dollars for the campaign. McCain “stands to benefit from the burgeoning number of foreclosures in the state,” Melzer writes.

“At a minimum, what you are seeing is a fairly comprehensive effort by the Republican Party, a systemic broad-based effort to put up obstacles for people to vote,” says Herbert. “When you are comprehensively challenging people to vote, your goals are two-fold: One is you are trying to knock people out from casting ballots; the other is to create a slowdown that will discourage others.” This type of disruption would be expected in areas with high foreclosure rates, particularly the Detroit metropolitan, where one in every 176 households received foreclosure filings during the month of July, according to Melzer.

“You would think [the Macomb GOP] would think, 'This is going to look too heartless,'” says David Lagstein, head organizer for Michigan ACORN, which has registered 200,000 new voters statewide and provides foreclosure-avoidance assistance.

“The Republican-led state Senate has not moved on the anti-predatory lending bill for over a year and yet have time to prey on those who have fallen victim to foreclosure to suppress the vote,” Lagstein says.

Michigan is not the only swing state at the risk of voter caging issues this election. At the urging of Project Vote and other voting rights advocates, Ohio Secretary of State Jennifer Brunner recently issued a binding directive to all county election boards, instructing them that parts of the state's challenge laws in relation to residency challenges based only on returned mail were unconstitutional. It is unclear, however, whether Brunner’s directive will prevent partisans from filing frivolous challenges anyway, which—however baseless—could have a chilling effect on voter turnout. And the Michigan Messenger reports that Franklin County, Ohio director of elections Doug Preisse and the chair of the local GOP have said they do not rule out challenging voters before the election due to foreclosure-related address issues.

In Project Vote’s statement, Teresa James says “The GOP’s plan is a cynical partisan attempt to suppress the vote of thousands of low-income and African-American voters, a replay of the 2004 threats of mass challenges...In America you get to vote even if you’re behind on your bills. All Americans—particularly those members of the community hit hardest by the economic crisis—deserve a voice and a vote on Election Day.”

Quick Links:

“Voter Caging.” Project Vote.

James, Teresa. “Caging Democracy: A 50-Year History of Partisan Challenges to Minority Voters.” Project Vote. September 2007.

In Other News:

'No-Match, No-Vote' Law Draws Criticism - Associated Press
TALLAHASSEE - Advocacy groups predicted Wednesday that thousands of people, mostly the poor and minorities, will be denied the right to vote through no fault of their own under a new Florida voter registration law.

Can young people actually make a difference this year? - Slate
In 2004, the "youth vote" was supposed to break all records. It did and it didn't-but either way, it didn't make a difference for John Kerry, even though he won 54 percent of voters under 29. So it is with this year's youth vote: Even if it exceeds that of four years ago-Barack Obama currently commands about 60 percent of the under-29 cohort-it will be nearly impossible to say whether it made a difference.

ACLU launches campaign to get former prisoners to register to vote – Binghamton Press & Sun-Bulletin [N.Y.]
ALBANY -- The New York Civil Liberties Union today kicked off a six-week campaign to educate county election boards and former prisoners on the voting rights of convicted felons.

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

Bumped - Mike.

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

Weekly Voting Rights News Update

By Erin Ferns

While many see voting as an implicit right in a representative democracy, decisions in America about who can vote and how are actually controlled by the states and vary greatly from state-to-state, even from county-to-county.

Misinformation and misinterpretation of each state's particular laws—not only by voters, but also by state officials—has the potential to influence the outcome of the election, a problem seen recently as two of the country’s most disenfranchised groups – youth and former felons –have encountered procedural roadblocks to electoral participation.

Large voter registration drives are underway in Virginia, but the Roanoke Times has recently reported on problems that may hinder the participation of Virginia students. According to Kevin Litten of the Roanoke Times on Saturday, allegations of voter intimidation came out of Virginia Tech last week, when Montgomery County Registrar Randy Wertz issued a news release warning students that registering using their college addresses would be changing their permanent addresses. This, according to Wertz, could “affect student’s scholarships or tax filings, and would obligate them to change car registrations and their driver's licenses.”

Litten reports that officials from the Obama campaign, which has been conducting voter registration activities in Virginia, countered that “they had never heard of students' dependency status on their parents' tax forms affected by their voter registration,” and that the “other laws mentioned in the release are rarely enforced or subject to interpretation.” The officials worried that the statements could have a “chilling effect” on voter registration efforts, but Wertz denied that intimidating students was his intention, insisting that “his focus is making sure elections run smoothly and fairly.”

Fair and smooth elections become even more difficult when more voters are involved and the state is ill prepared. Wednesday's Roanoke Times expressed concerns that the influx of newly registered students—assigned to what is already the county's most populated precinct—could create long lines and transportation problems on Election Day.

The precinct, E-1, already has 3,600 active voters; the state is required to split precincts when they exceed 5,000 voters, but officials say it is too late to obtain Justice Department approval for the split if E-1 exceeds capacity before November. To at least help alleviate the waiting period to vote, officials say they are making efforts to hire extra officials to run the polls. But, to make matters worse, the polling place assigned for the precinct is located four miles from campus without connecting public transportation – a potential problem for students without cars.

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

Weekly Voting Rights News Update

By Erin Ferns and Nathan Henderson-James

We spend a lot of time in these news updates showing how charges of voter fraud are used to discredit voter participation efforts and prime the pump for voter suppression efforts, such as the passage of voter ID bills, pushing for proof of citizenship, engaging in draconian voter purge efforts, and imposing sever restrictions on voter registration drives. We have also spent a lot of time carefully delineating the politics behind these efforts, starting with our March 2007 report The Politics Of Voter Fraud and continuing on in these diaries to name but two venues.

What is striking about how the process of disenfranchisement and voter suppression works is how much it relies upon the media to repeat and amplify the breathless and hyperbolic accusations of so-called voter fraud against voter registration drives. If journalists were to spend any time at all investigating the sensational claims - often made by people with a direct partisan interest in the outcome of an election - they would find that the accusations are mostly taken out of context, are limited to a few instances, and have never, ever, been proven to have resulted in any fraudulent vote being cast.

Sadly, the history of this issue shows that it has been bereft of this kind of basic journalism, even through the 2006 mid-term elections. This is important because haphazard reporting of partisan claims of voter fraud without checking the facts is how the media helps these voter suppression efforts. These stories not only deter potential voters from getting on the rolls, but, as noted above, inspire bad election reforms aimed at disenfranchising voters, particularly those that are currently underrepresented in the electorate.

A prime example of this kind of lazy journalism in recent weeks comes from Las Vegas where local reporters simply repeated accusations of fraud made by the Clark County clerk against ACORN without even bothering to contact ACORN to see how their drive was being managed.

The group's registration drive has reached one million voters nationwide [Full disclosure – it is run under a Joint Effort Agreement with Project Vote. –ed.] and, according to one article, election officials see “rampant fraud” in the 2,000 – 3,000 cards submitted by the group each week in Las Vegas. This week, the Associated Press reported that the state set up a “voter fraud task force” to look for “election irregularities and instances of questionable voter registration and intimidation,” directly citing issues with voter registration drives. Neither of these Nevada reports provided the facts of voter fraud, what it is and how it relates to the voter registration process. Most importantly, neither reports cite real examples of the intentional casting of an illegal ballot – the real definition of voter fraud – in the state.

However, it may be that the hard work Project Vote and others – including the Brennan Center for Justice at New York University, DEMOS, and the Advancement Project - have engaged in over the past few years debunking the voter fraud myth is beginning to change the way journalists approach these stories.

This week, several publications broke this trend by debunking recent Virginia GOP allegations of widespread voter fraud as a result of massive voter registration drives that primarily target youth, low income and minority communities – constituencies that have a long history of being underrepresented on the voting rolls and in the voting booth.

Since the beginning of the year, an unprecedented 147,000 people - “almost half under the age of 25” - registered to vote in Virginia, according to Monday's Washington Post lead editorial. Pointing to a recent incident where three members of the Community Voting Project were arrested for falsifying voter registration cards, Republican Party chairman, Del. Jeffrey Frederick of Prince William County claims widespread voter fraud is a hidden agenda in voter registration drives.

Remarkably, however, this time the press decided to investigate this inflammatory accusation. This charge is “utterly baseless” and is “unsupported by election officials, police or prosecutors,” the Post notes in the editorial. In fact, the Post described the accusation as an exercise in “fear mongering” by Frederick, amplified by his allegations that citizens who register with these drives are also vulnerable to identity theft, a claim that amounts to nothing more than “a classic attempt to suppress votes,” the Post editorialized.

Bob Bauer, at his Web site, www.MoreSoftMoneyHardLaw.com, takes the critique one step further, looking at both the accusations and the Post’s coverage. “And the Post omits mention of another feature of Fredericks' suppression gambit,” wrote the election law attorney. “He also called for an 'investigation,' well understanding that his words would creep into the press on his remarks and filter out into the electorate.”

In a prime example of the kind of journalism that should happen as a matter of course when these kinds of serious allegations are made, a Virginia reporter for the Danville Register & Bee reached out to local registrars to get a real idea of the voter registration process and how unlikely it is to lead to voter fraud.

“'It's not easy to falsely register somebody,' said Pittsylvania County Registrar Jenny Saunders, who explained that in addition to the registrar going over the application for obvious errors (like missed questions), there's a statewide database all applications are checked against.”

Partisans out for political gain perpetuate fear about the integrity of the election system, something that the media often picks up unfiltered. “In fact,” the Post wrote, “it is groundless accusations and cynical fear-mongering such as Mr. Frederick's that are injecting the real venom, and the true threat, into the elections.

Below are some important facts to consider when writing (or reading) reports on voter registration fraud:

Voter Registration Drives Rev up in Presidential Election Years

The fact that young people and minorities are expanding the voting rolls this year does not indicate that something is awry with voter registration drives. Indeed, most large-scale drives target those populations least represented in the electorate. Further, in high interest election years, especially presidential, more people are motivated to help register voters or get registered themselves. Stories about so-called voter fraud should be evaluated in terms of the number of cards thought to be fraudulent versus the total number of cards the registration drive is gathering. In Virginia, a handful of fake cards were found in a drive that could register more than 30,000 people.

Voter Registration Fraud Does Not Lead to Voter Fraud

“We have the checks and balances...to makes sure the wrong person doesn't get registered and the right person does,” said Va. election official, Saunders in the Register & Bee.

Further, professionally-run drives expect almost a third of all applications to be duplicates or incomplete, no matter how well-trained the canvasser or volunteers are. This does not mean they are all illegal. However, the registrar is required to ensure all applications contain accurate information “including whether the applicant is a citizen, their Social Security number, date of birth, full name, valid residence, whether they've been convicted of a felony, or whether they have been determined mentally incapable...If any of that is left off...the application is denied,” according to the Register & Bee. Note: Not all states require Social Security number information to be filled out on a voter registration card. For more information on your state's requirements on registering to vote, visit ProjectVote.org.

Allegations of Voter Fraud are Often Motivated By Partisan Gain

“If you're not winning at the ballot box, try your chances in the registrar's office, or in court,” the Virginia Pilot editorialized. “[That's] [h]ardly democratic.”

Following the success of voter registration drives that have increased registration among low income, minority and young people, almost all claims of rampant voter fraud have come from Republican leaders, despite lack of substantiation of a real problem. The most vicious and corrupt efforts made were part of what has become the US AttorneyGate scandal that subsequently exposed the widespread politicization of the Department of Justice and led to the resignation of Attorney General Alberto Gonzalez. All of that unraveled because former US Attorney David Iglesias refused to make false accusations of voter fraud against ACORN’s 2004 voter registration drive in New Mexico.

The fact is between 2002 and 2005 – when the Department of Justice carried out the most intensive investigation of voter fraud in US history – only 24 people were convicted of illegal voting nationwide. However, partisans still made public allegations and the press, in many instances, ran these claims with out real evidence. Armed with these published anecdotes and buoyed by manufactured public outcry about the possibility of their votes being canceled out by illegal voters, legislators fought to pass laws that disenfranchise certain classes of voters. As a result, states like Indiana and Georgia have implemented some of the most draconian voter ID laws despite the lack of any evidence of actual voter fraud.

Reporters practicing ethical and rigorous journalism should recognize that merely using the “rhetorical hand grenade” of voter fraud - without an explanation of how voter registration and elections are administered or an investigation into the evidence of voter fraud - is the real threat to democracy.

Quick Links:

Minnite, Lorraine. “The Politics of Voter Fraud. ”Project Vote. March 2007.

Voter Registration Guides and Surveys [By State]. Project Vote

In Other News:

A voting penalty after the penalty – Birmingham Press-RegisterAnnette McWashington Pruitt watched her 18-year-old son graduate from high school this May. She proudly tells people that he is going into the Navy, following in the footsteps of his older brother (who is serving in Iraq) and his grandfather (who was in the Air Force).

Voting Rules Create Land of Disenchantment: Advocacy groups are battling New Mexico's strict voter registration laws as election looms – Miller-McCune
Jo Ann Gutierrez-Bejar remembers volunteering for the annual voter registration drive in Albuquerque, N.M. She remembers the camaraderie as the group of usually 30 to 40 volunteers headed out in the morning, clipboards in hand, to knock on doors and register new voters.

Denogean: 97-year-old voter can't prove she's a citizen: On deathbed, father told her to vote Democratic – The Tucson Press
Shirley Freeda Preiss of Surprise is one ticked-off little old lady. And who can blame her? The 97-year-old retired schoolteacher and onetime traveling showgirl has voted in every presidential election since 1932 when she cast a ballot for Franklin Delano Roosevelt. But thanks to the state's voter identification requirements, it's looking unlikely that she'll be able to vote in the upcoming presidential election.

Watch your (official) language - Stateline.org
Missouri, a key presidential swing state and home to one of the most hotly contested gubernatorial races, will test what some see as voters’ attitudes toward immigrants this November with a ballot measure to make English the only language of state government.

Bumped. --Mike

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

Weekly Voting Rights News Update

By Erin Ferns

Reports and exits polls this entire political season have built a narrative of tremendous, even record-breaking voter participation, pushing us to believe that voter turnout in November will exceed all expectations.

Maybe.

The dirty secret of elections in America is that getting on the rolls, casting a ballot, and having that ballot counted is a complicated system adjudicated and carried out by more than 3,000 counties and towns and regulated by a complex mix of state and federal laws. In order for the expected record-shattering turnout to occur in November, all aspects of the system, from registration procedures to polling place systems to ballot counting procedures all need to work properly. However, those with an interest in suppressing turnout may disrupt the process at any one of those points. The biggest impact comes by preventing people from making it onto the voting rolls in the first place since no one can cast a ballot without being registered.

Unsurprisingly, politicians with partisan interests at heart are pushing states to raise barriers to the democratic process by enforcing laws that restrict voter registration drives and violate the Voting Rights Act. These election-related policies have disproportionately negative impact on young people and minorities – two groups that have historically suffered underrepresentation in the electorate. However, in an encouraging move aimed at lowering these kinds of barriers, the Massachusetts Senate passed a bill that would help enfranchise all voters on Election Day.

Restrictions on Voter Registration Drives
During presidential election years, efforts to register more citizens increase dramatically. However, several states impose various restrictions on voter registration drives, which in turn has a disproportionate impact upon youth and people with disabilities – two communities that commonly register to vote through such drives, according to Ben Adler of the Politico.

The swing state of New Mexico is under the most scrutiny for their drive policy and has recently been sued for unconstitutionally hindering the right to collect voter registrations under a 2005 election reform law.

“The activists contend that because the law creates criminal penalties for failing to meet its requirements – which even supporters acknowledge are stringent – it discourages groups from collecting registrations,” Adler wrote. New Mexico's excessively short 48 hour time frame to turn in a completed application and subsequent misdemeanor charge if the collector is late has reportedly stopped students who “'simply want to get out on campus and register their friends to vote.'” The Federal government recognizes the challenges imposed by short time lines: Under the National Voter Registration Act, state agencies are provided 10 days to turn in new applications.

Violations of the Voting Rights Act
Other voting rights issues that have recently been battled involve violations of the Voting Rights Act.
The U.S. Justice Department recently announced an agreement to protect Latino voters in New Jersey after a complaint was filed involving discrimination in the voting process. Puerto Rican voters in the Penns Grove borough had complained they were subject to racial comments and hostility as well as disproportionately asked for voter ID and turned away at the polls. It was the third lawsuit of this nature this year. The suit also alleged that Spanish-speaking voters were not provided Spanish-language election materials or enough aid from bilingual poll workers, also requirements of the Act. The agreement must still be approved by the court, the Justice Department press release said.

“The right to vote is a fundamental guarantee for all American citizens,” said U.S. Attorney for the District of New Jersey Christopher Christie. “The Division is committed to vigorously enforcing federal civil rights laws during the important election year and commends the county and borough for promptly and constructively resolving the matter.”

Asian voters in Massachusetts were not as successful in getting the state to provide fully sufficient bilingual ballots, according to a column by Adrian Walker of the Boston Globe. Advocates recently attempted to meet with Secretary of State William Galvin to gain his support for a proposed law requiring ballots be translated into Chinese and Vietnamese. The bill passed the Boston City Council earlier this year, but still requires legislative approval in order to ensure elderly Asian residents with limited English skills are not denied the right to vote in November.

“Voting is as American as apple pie,” said Boston City Councilor Sam Yoon. “This is something everyone should want to protect.”

However, Galvin - who the legislature looks to when considering election law - denied the group, as he has for the last year, according to Walker.

Despite swelling interest and rising registration rates among youth and minorities, there are significant and persistent barriers to their increased participation. The identification of these barriers should serve as a wake-up call in each state, pushing them to take steps to address the barriers and equip themselves to handle the influx of new voters this coming Election Day.

Voter Registration Surge and Election Day Chaos
An example of this swelling interest can be seen in one county in Florida where minority voters are beginning to balance their share of the electorate. This year alone in Lee County, Florida, black and Latino voters have increased by as much as 22 percent – more than double the increase among white voters, according to local publication, Fort Meyers News-Press.

“The increase in minority voter registration gives voice to people who haven't always been represented at the table,” the News-Press editorialized. “Whether it's the presence of a nontraditional candidate, the pressing economic conditions, or the war in Iraq, anything that inspires citizens to participate in the political process is beneficial.”

The unprecedented surge of voters expected to turn out in November could pose a major challenge for states, according to Stateline.org. The online news site, run by the Pew Research Center, raised concerns about poor ballot design and even last minute voter registration drives that could swamp understaffed offices, making it more difficult for voters to get on the rolls, let alone cast a ballot.

“People know it's going to be a historically high turnout. Whether they can do anything about it is another question,” said Dan Seligson of electionline.org, a Pew Center on the States project that provides analysis on election reform.

Smart Election Reform
While other states scramble to figure out how to accommodate the influx of voters and advocates ensure voting rights are protected, one state is pushing one of the most effective measures to expand access to democracy for all American citizens – Election Day Registration. On Tuesday, the Massachusetts Senate passed a bill that would allow voters to register and vote on Election Day. The bill, SB 2807 is currently in the House Ways and Means committee. If passed, Massachusetts would join the ranks of eight other EDR states, which have average turnout rates that exceed non-EDR states by as much as 12 percent. Three other states are considering EDR bills: New Jersey, New York and Ohio. To view these bills, visit www.ElectionLegislation.org.

Cross-posted at Project Vote's Voting Matters Blog

Weekly Voting Rights News Update

By Erin Ferns

In 2000, Florida’s disastrous effort to purge former felons from voter rolls resulted in the disenfranchisement of hundreds if not thousands of legitimate voters and clearly influenced the outcome of the presidential contest in that state. History may repeat itself this November with states taking potentially reckless and unlawful measures to clean voter rolls before Election Day.

Voter purges are one of several problems in the administration of elections that could not only bar legal voters from the polls, but could potentially influence the outcome of close races. Project Vote is monitoring this practice across the United States and sees what could be an alarming trend of illegal purging emerging. The New York Times and Mississippi's Clarion Ledger both reported on voter purging problems in the South this week.

Keeping accurate and current voter rolls is an important legal mandate for election officials. Under the National Voter Registration Act, states are required to contact voters directly through forwardable mail. If the voter does not respond, the state must wait two federal elections before removing the voter from the rolls. However, many states have begun to compare their voter rolls with those of neighboring states and pro-actively canceling a voter's registration based on a positive “match” rather than following the list maintenance procedures of NVRA.

Project Vote has recently expressed concern to Louisiana Secretary of State Jay Dardenne over the state's method of removing voters from rolls, as reported in the Times on Tuesday. Project Vote has learned that Louisiana compares voter lists with other jurisdictions, purging voters solely upon apparent database matches of first name, last name and birth date. With millions of people living in a multi-state region, it is not uncommon to find more than one John Smith born on the same day. Additionally, the possibility of human and typographical error that occur in all large databases creates a greater risk of unjustified disenfranchisement.

“A spokesman for Louisiana's secretary of state said that all voters found to have duplicate registrations were sent at least one warning letter and sometimes two, but that the last such actions were done some 13 months ago,” the Times reported.

“'We're specifically not doing it right in front of an election,'” said Dardenne's spokesman.
Election officials in Madison County, Miss. have recently decided to forgo a potentially illegal mass mailing process as part of their effort to purge the county’s voter rolls after the U.S. Justice Department and others warned against it, according the Clarion Ledger Tuesday. Last week, Project Vote sent a letter to the elections commission out of concern that their mass mailing plan violated the Voting Rights Act.

“They are doing something that is understandable when you have a voter roll that appears to be out of proportion,” said voting rights lawyers who works with Project Vote, Estelle Rogers. “But there are a lot of Ps and Qs that must be followed.”

County supervisor Karl Banks repeatedly voted against the mass mailing, saying that “his understanding of the law was that commissioners needed a reason to believe that a voter's information may not be accurate.” He argued that in this presidential election year, the commission should focus on making sure elections run smoothly, such as informing people of their correct precinct.

“The mildest things confuse people and can ultimately disenfranchise people during elections...Here we are wanting to disenfranchise people because they don't send a card back?”

The emerging trend of state compacts to compare voter databases and engage in aggressive efforts to purge their voter rolls is troubling for both its opacity – the public is not informed of the criteria for being purged nor are purged voters offered the chance to remedy the situation – and its reliance on strict matching criteria. Large databases are riddled with errors, therefore the sole reliance on exact matches virtually guarantees that legal voters will be knocked off the rolls and denied the right to vote.
The Florida example from 2000 should be instructive on on how these practices could affect the outcome of closely contested races on Election Day.

Quick Links:

Contact:

Louisiana Secretary of State Jay Dardenne

Madison County (Miss.) Board of Supervisors

Reports:

“Maintaining Current and Accurate Voters Lists.” Project Vote. Dec. 22, 2006.

“A Summary of the National Voter Registration Act.” Project Vote.

“A Summary of the Voting Rights Act of 1965.” Project Vote.

In Other News:

Federal judge weighs challenge to AZ voter id law - Tucson Citizen [Ariz.]
PHOENIX (AP) -- A federal judge is weighing a challenge to Arizona requirements for voter identification and proof of citizenship for registering to vote.

County voter drive blocked: Fewer New Citizens Registered After US Agency Changes Rule - Mercury News [Ca.]
It was a procedure that produced a bumper crop of new voters: Just before Santa Clara County immigrants were sworn in as U.S. citizens, they got voter-registration cards and were shown how to fill them out. At the conclusion of the naturalization ceremony, most new citizens had signed the cards and handed them in to become registered voters.

State Says It May Sue VA - Associated Press
Connecticut officials say the state might sue the U.S. Department of Veterans Affairs if it continues to block efforts to educate and register voters in federal veterans' facilities.

Voter-sign-up drive targets 16-year olds - Miami Herald
Voter registration for next month's primary election will end Monday, and the push now is aimed at teens who are too young to cast a ballot

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