U.S. Department of Justice

This just in from our friends at Rock the Vote:

Today, a group of United States Senators, lead by Michael Bennet of Colorado urged the U.S. Department of Justice to carefully review the highly restrictive photo ID laws that have been passed – or are under consideration – in states across the country. This is a huge development, and we hope the DOJ will use its authority granted by the Voting Rights Act to protect those who would be disenfranchised.

[...]

Senator Bennet’s letter was signed by Majority Leader Harry Reid (NV) and U.S. Sens. Dick Durbin (IL), Chuck Schumer (NY), Kirsten Gillibrand (NY), Sherrod Brown (OH), Jeanne Shaheen (NH), Jeff Merkley (OR), Mark Begich (AK), Ben Cardin (MD), Mary Landrieu (LA), Patty Murray (WA), Ron Wyden (OR), Tom Harkin (IA), Herb Kohl (WI) and Tom Udall (NM).

Since January, photo ID laws have been enacted in Wisconsin, South Carolina, Alabama, Texas, Kansas and Tennessee. In Minnesota, Missouri, Montana, New Hampshire and North Carolina, Governors have vetoed bills that passed their state legislatures; those vetoes likely will be challenged with override votes in New Hampshire and North Carolina. Ohio and Pennsylvania are actively considering proposals, joining over 30 states that have introduced legislation to require only government-issued photo IDs at the polls.

Bennet's letter is provided below:

Dear Attorney General Holder:

We are writing to express our concerns about highly restrictive photo identification requirements under consideration or already signed into law in several states. These measures have the potential to block millions of eligible American voters without addressing any problem commensurate with this kind of restriction on voting rights. Studies have shown that as high as 11% of eligible voters nationwide do not have a government-issued ID. This percentage is higher for seniors, racial minorities, low-income voters and students. Voting is the foundation of our democracy, and we urge you to protect the voting rights of Americans by using the full power of the Department of Justice to review these voter identification laws and scrutinize their implementation.

Section 5 of the Voting Rights Act vests significant authority in the Department to review laws before they are implemented in covered jurisdictions. As you know, the burden of proof in this preclearance process is on those covered jurisdictions, which must be able to show that legal changes will not have a discriminatory impact on minority voters. New photo identification laws, for instance, must be subjected to the highest scrutiny as states justify these new barriers to participation. In Section 5 jurisdictions, whenever photo identification legislation is considered, the Department should closely monitor the legislative process to track any unlawful intent evinced by the proceedings.

Restrictive photo identification requirements are also being considered or have passed in states and jurisdictions that are not covered by Section 5. The Department should exercise vigilance in overseeing whether these laws are implemented in a way that discriminates against protected classes in violation of Section 2 of the Voting Rights Act. Additionally, federal civil rights law – 42 U.S.C. 1971(a)(2)- prohibits different standards, practices or procedures from being applied to individuals within a jurisdiction. We believe the Department should ensure that these photo identification laws do not violate this statute or other federal voting rights statutes.

Highly restrictive photo identification requirements at the polls can make it more difficult for well-intentioned voters to cast their ballots, and as far as America’s civil rights trajectory is concerned, that sort of effect takes America in the wrong direction. We urge you to exercise your authority to examine these laws so that voting rights are not jeopardized. We also request that you brief us on the efforts the Department is undertaking to ensure these new laws are implemented in accordance with the Voting Rights Act.

Thank you for your work protecting the civil rights of all Americans.

These new laws and proposals, largely from Republicans, target constituencies that are traditionally unfriendly to the GOP and that were, in fact, a large piece of the coalition voting Obama and Democrats into office in 2008. Rock the Vote has been great at covering this story and advocating for the voting rights of young voters in these states. We at Future Majority echo RTV's call for the Department of Justice to intervene and safeguard the voting rights of the poor, of minorities, and of young people.

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.