voter fraud

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).

Bumped. -Craig

Cross-posted at Project Vote's blog Voting Matters

By Nathan Henderson-James

Just yesterday we noted the right way to report on charges of voter fraud and the wrong way to go about it. We explained how the news media had been gamed by people with a partisan interest in the outcome of elections to gin up hysteria to engage in voter intimidation and voter disenfranchisement efforts.

Well, the partisans are back at it in Wisconsin, but this time the press is following the lead of Virginia journalists and scrutinizing the claims rather than simply reprinting the press release.

Here’s the backstory. The community organization ACORN has recently completed a voter registration drive in Milwaukee aimed at historically disenfranchised populations like low-income folks and African-Americans. The drive assisted voters complete some 35,000 cards. So far so good.

However, some of ACORN’s canvassers were caught forging cards in order to get paid for not doing the work. Under Wisconsin law all cards filled out, completely or incompletely, fraudulently or not, are required to be turned in. Out of the 35,000 cards, ACORN and Board of Elections officials estimate that about 1500-2000 of them had problems. The bulk of those were simple incompletes, but about 200 or so were clearly attempts by canvassers to defraud both ACORN and the state of Wisconsin by submitting false cards.

The traditional media has actually done a fairly good job reporting the story, going into great detail on how the cards were caught, the quality control procedures used by ACORN, and the context of the numbers involved versus the total number of cards submitted. This reportage has been ably supplemented by bloggers like Cory Liebmann at One Wisconsin Now and Capper at Cognitive Dissonance.

But, of course, this situation has served as an opportunity for conservative partisans to immediately pick up their calls for voter disenfranchisement policies such as voter ID. Such a policy would ironically, or perhaps not so ironically, actually push down the voter participation rates among those folks who most rely on voter registration drives to bring them into the civic participation process.

Here’s choice quote from Pete DiGaudio who writes as The Texas Hold ‘Em Blogger,

“Well, yes, I actually do support voter suppression. I am in favor of suppressing the vote of dead people, nonexistent people, convicted felons, illegal aliens, people voting more than once, et al. Every time one of these people votes, it cancels out my legitimate vote.

A simple thing like photo ID for voting would eliminate these fraudulent voters when they showed up at the polls.”

Project Vote’s report The Politics of Voter Fraud (PDF) has consistently pointed out that there simply isn’t widespread voter fraud in the United States and any fraudulent voting has never been tied to voter registration fraud, which is what has partisans so breathless and hyperbolic.

But the rush to point to a solution like voter ID seems not to be bothered by facts. Like the fact that the so-called fraud every partisan points to is always centered on voter registration cards. Well, voter ID isn’t going to stop canvassers from wanting to get paid for not doing the work and it isn’t going to stop states like Wisconsin from requiring that every card be turned in regardless of its accuracy, completeness, or legitimacy and it’s definitely not going to help elections officials catch bad cards.

The truth is that the laws as written and enforced catch such problems. The mere fact of this story in the media means the system in Milwaukee works the way it is supposed to, catching problem cards. Voter ID, on the other hand stops something called “voter impersonation”, which just doesn’t happen in the Untied States. Of the 24 convictions won by the US Department of Justice between 2002 and 2005 for voter fraud, most of them were for problems with submitting false or illegal absentee ballots. Voter ID laws do nothing to fix this problem. But what they are great at is stopping otherwise eligible voters from casting ballots.

And that’s how it works – raise loud cries of outrage over an illegal act that was caught using the safeguards that were put in place for just that situation, raise questions about the integrity of the entire elections system, and offer a solution that would not stop the identified problem and would, in fact, stop significant numbers of specific groups, generally groups who are already the most disenfranchised, from participating in elections.

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.