Native Americans fighting back against North Dakota voter ID law

From today’s NBC News:

For more than a year, Tiffany Hunts Along has lived in a cherrywood mobile home high on a ridge in western North Dakota, where she knows every jagged hilltop and every flat field. But when asked last week about her street address, she was stumped.

“Hold on,” said Hunts Along, 40, after reaching for her newly issued tribal identification card. “That’s right — I live on Medicine Otter Loop.”

When she, her husband and their young children — Native Americans belonging to the Three Affiliated Tribes, also known as the M.H.A. Nation — moved into the White Oak Park community, there was no street signage and no direct postal service to the home. She fetches the family’s mail from the nearest post office on the other side of town; her old tribal ID had listed her address as a post office box.

She never bothered to learn her street’s name — until now.

Hunts Along plans to cast a ballot in Tuesday’s midterm election, but a change made by North Dakota lawmakers has forced her and an estimated 5,000 tribal citizens who may have IDs with a post office box address to obtain either a new state-issued or tribal identification showing their street address in order to vote. The requirement — meant to prevent voter fraud, state officials say — went into effect in early October.

Nowhere in North Dakota is the registration process more complex — and urgent — than on reservations. Voter rights groups are scrambling to ensure residents understand why they might be turned away at the polls when they present an ID. Absentee ballots must list a home address as well, not a post office box.

The 11th-hour push comes amid a competitive U.S. Senate race in solidly red North Dakota, where the stakes are high: Sen. Heidi Heitkamp, a Democrat, won by fewer than 3,000 votes in 2012. Native Americans, who largely vote Democratic, helped to tip that race in her favor, and she earned more than 80 percent of the vote in the state’s majority-Native counties. Recent polls, however, have given her GOP challenger, Rep. Kevin Cramer, a double-digit lead. His victory would boost the Republican Party’s chances of holding on to their slim majority in the Senate.

Read the complete article here.

GA election fight shows that southern tradition of voter suppression flourishes

From today’s PBS Newshour:

Georgia’s Republican Secretary of State Brian Kemp has been sued for suppressing minority votes after an Associated Press investigation revealed a month before November’s midterm election that his office has not approved 53,000 voter registrations – most of them filed by African-Americans.

Kemp, who is running for governor against Democrat Stacey Abrams, says his actions comply with a 2017 state law that requires voter registration information to match exactly with data from the Department of Motor Vehicles or Social Security Administration.

The law disproportionately affects black and Latino voters, say the civil rights groups who brought the lawsuit.

As a scholar of African-American history, I recognize an old story in this new electoral controversy.

Georgia, like many southern states, has suppressed black voters ever since the 15th Amendment gave African-American men the right to vote in 1870.

The tactics have simply changed over time.

Read the complete article here.

In Georgia, claims of voter suppression as GOP candidate abuses Voter ID law

From today’s Washington Post:

Stacey Abrams, the Democrat vying for the governorship of Georgia, is ratcheting up her assertion that Republican rival Brian Kemp is effectively suppressing minority and women voters in his role as secretary of state.

The Kemp campaign is returning fire with charges of a “manufactured … crisis” and a “publicity stunt” as early voting ramps up before one of the premier matchups nationally in the Nov. 6 midterm elections.

Abrams told CNN on Sunday that Kemp is “eroding the public trust” because his office has held up 53,000 new voter registration applications, questioning their legality under Georgia law. She’s called for Kemp to resign as chief elections officer.

“This is simply a redux of a failed system that is both designed to scare people out of voting and … for those who are willing to push through, make it harder for them to vote,” Abrams told CNN’s Jake Tapper.

Kemp counters that he’s following Georgia voting laws that require due diligence in registering voters and that will still allow any the disputed voters to cast ballots.

“They are faking outrage to drive voters to the polls in Georgia,” Kemp spokesman Ryan Mahoney said Sunday. “The 53,000 ‘pending’ voters can cast a ballot just like any other Georgia voter,” he added, noting the state’s voter identification requirement that applies even for established voters who never miss an election.

Tapper said on the air that Kemp declined an invitation to appear on his show.

Read the complete article here.

North Dakota voter ID law upheld by Supreme Court could affect Senate race

From CBS News Online:

The Supreme Court ruled this week to uphold a North Dakota voter identification law which requires that voters present an ID which includes a residential address in order to vote, potentially restricting the rights of Native Americans in the state who do not have residential addresses.

The law, signed by Republican Gov. Doug Burgum in 2017, had been blocked by a U.S. District Court which found it to be discriminatory towards the state’s Native American population. The Eighth Circuit overturned that ruling, and the Supreme Court upheld the circuit court’s decision, with only Justices Ruth Bader Ginsburg and Elena Kagan dissenting. The two noted in their dissent that this ruling was confusing because voters who used their identification to vote in the primaries could now find that same identification insufficient, because “the injunction against requiring residential-address identification was in force during the primary election and because the secretary of state’s website announced for months the ID requirements as they existed under that injunction.”

Native Americans living on reservations often do not have residential addresses, but have IDs which feature P.O. boxes. Native Americans are North Dakota’s largest minority population, comprising over 5 percent of the state’s population.

This Supreme Court ruling could significantly affect the re-election chances of Democratic Sen. Heidi Heitkamp, who is trailing Republican opponent Kevin Cramer in polling. Heitkamp won her seat by just under 3,000 votes in 2012, with the help of Native American voters. If a few thousand Native American voters lack the necessary identification and are unable to vote, that could damage Heitkamp in a close race.

However, it is possible to obtain a residential address before Election Day, according to a Facebook post by the organization Native Vote ND, which encourages voter participation by Native Americans in the state.

Read the complete article here.

Framers fail: Voting is a basic right but it’s not guaranteed in Constitution

From today’s USA Today:

The Founders unwisely gave states control of the vote. The upshot is we’re headed for separate democracies: restrictive red ones, expansive blue ones.

In 1835, William Fogg, an African American citizen of Pennsylvania, filed America’s first voting rights lawsuit. He charged that election officials had violated the state’s color-blind constitution by barring him from voting because he looked black. The Pennsylvania Supreme Court rejected Fogg’s claim in 1837 by writing black people out of American democracy. The court ignored the state constitution and found that “no coloured race was party to our social compact,” and that Pennsylvania should not “raise this depressed race to the level of the white one.”

A year later, Pennsylvania adopted a new constitution which followed the trend in most nineteenth century states by excluding people of color from the ballot. In 1800, only five of 16 states mandated “white only” voting. By 1860, 28 of 33 states, accounting for about 97 percent of the nation’s free black population, had adopted such racially restrictive suffrage. All states denied women from the franchise. Backers of voting by white men only claimed without evidence that racial and gender exclusion guarded against voter fraud by preventing unscrupulous politicians from buying the votes of allegedly dependent women and ignorant blacks.

Fogg and other excluded voters had no recourse to the federal courts because the framer’s great mistake was their failure to include a right to vote in the Constitution or the Bill of Rights. Instead they defaulted voting rights to the individual states. Later generations of lawmakers compounded this mistake by negatively framing amendments on voting rights, stipulating that states cannot deny the franchise on account of race, sex, or age of 18 years and older.

Lacking a constitutional guarantee, the vote has been embattled throughout American history. Voting rights have both expanded and contracted over time, with no guarantee of universal access to the ballot.

The right to vote remains imperiled today. Players in the struggle for the vote have changed over time, but the arguments remain familiar, and the stakes remain high. Primarily in Republican red states, politicians have rolled out the old charge of voter fraud. Today’s allegations focus not on vote-buying but on such charges as voter impersonation at the polls, repeat voting in more than one state, and voting by non-citizens.

Read the complete article here.

Clear and troubling picture of voter suppression: ‘One Person, No Vote’

From today’s Los Angeles Times:

Near the end of “One Person, No Vote: How Voter Suppression Is Destroying Our Democracy,” Carol Anderson reminds us that “voting is neither an obstacle course nor a privilege. It’s a right.” Anderson offers this statement after demonstrating how, over the course of 120 years, the Mississippi Plan of 1890 has been cloaked, refitted and disseminated throughout the South and into Western and Midwestern states in an effort to stall or halt black, Latino, young and poor citizens from participating freely in American elections.Alabama state troopers beat voting rights marchers, including John Lewis, front right, in Selma on March 7, 1965.

Made to be “intentionally racially discriminatory,” the Mississippi Plan was the umbrella phrase for “a dizzying array of poll taxes, literacy tests, understanding clauses, newfangled voter registration rules, and ‘good character’ clauses” arranged to erase the social, political and economic gains that African Americans had made during Reconstruction. Although the plan was announced as an attempt to return “ ‘integrity’ to the voting booth” following the late 19th century rise of Southern black political power, it actually delivered Jim Crow in full feather. Anderson calls the Mississippi Plan “legislative evil genius.”

“One Person, No Vote” is Anderson’s follow-up to “White Rage” (2016), her live wire case study of white America’s violent, retributive resistance to African Americans’ fighting for, acquiring and enacting citizenship in full. The Charles Howard Candler professor of African American Studies at Emory University, Anderson has a gift for illustrating how specific historical injustices have repercussive, detrimental influence on contemporary American life.

Read the complete article here.

Under Trump Regime, Sweeping Shift on #VotingRights Undermines Democracy

From today’s New York Times:

A new voter ID law could shut out many Native Americans from the polls in North Dakota. A strict rule on the collection of absentee ballots in Arizona is being challenged as a form of voter suppression. And officials in Georgia are scrubbing voters from registration rolls if their details do not exactly match other records, a practice that voting rights groups say unfairly targets minority voters.

During the Obama administration, the Justice Department would often go to court to stop states from taking steps like those. But 18 months into President Trump’s term, there are signs of change: The department has launched no new efforts to roll back state restrictions on the ability to vote, and instead often sides with them.

Under Attorney General Jeff Sessions, the department has filed legal briefs in support of states that are resisting court orders to rein in voter ID requirements, stop aggressive purges of voter rolls and redraw political boundaries that have unfairly diluted minority voting power — all practices that were opposed under President Obama’s attorneys general.

The Sessions department’s most prominent voting-rights lawsuit so far forced Kentucky state officials last month to step up the culling from registration rolls of voters who have moved.

In the national battle over voting rights, the fighting is done in court, state by state, over rules that can seem arcane but have the potential to sway the outcome of elections. The Justice Department’s recent actions point to a decided shift in policy at the federal level: toward an agenda embraced by conservatives who say they want to prevent voter fraud.

Read the complete article here.

Voter purge frenzy after federal protections lifted, new report says

From today’s NBC News:

Nine states with a history of racial discrimination are more aggressively removing registered voters from their rolls than other states, according to a report released Friday.

After reviewing voter purges nationally from 2012 to 2016, the nonpartisan Brennan Center for Justice found that the mostly Southern jurisdictions that had once been required to get changes to voting policies pre-approved by the Justice Department had higher rates of purging than jurisdictions that were not previously subject to pre-clearance.

key section of the 1965 Voting Rights Act, which was designed to protect minority voters from state disenfranchisement, was struck down by the Supreme Court in 2013, allowing states to begin making changes affecting voting without first getting federal approval.

“Two million fewer voters would have been purged over those four years if jurisdictions previously subject to federal pre-clearance had purged at the same rate” as other jurisdictions, the Brennan Center estimated.

In Georgia, for example, 156 of the state’s 159 counties reported an increase in removal rates after the Voting Rights Act was changed. In 2016, advocates sued Georgia for making voter registration harder.In 2017, the American Civil Liberties Union sued a Georgia county and the state Secretary of State for its purge practices, too.

“There’s cause for concern when the purge rate goes up this much at the same time we’re seeing controversial, sometimes illegal voter purge practice, in addition to changes to other voting laws that make it more difficult to participate,” said Jonathan Brater, counsel for the Brennan Center’s Democracy Program and one of the report’s authors.

The Brennan Center’s analysis found that election officials were purging voter rolls more aggressively nationwide, too, with some using imprecise or possibly illegal methods to do so.

Read the complete article here.

In win for #VotingRights, Federal Court Rules NC Electoral Map Unconstitutional

From the New York Times:

A panel of federal judges struck down North Carolina’s congressional map on Tuesday, condemning it as unconstitutional because Republicans had drawn the map seeking a political advantage.

The ruling was the first time that a federal court had blocked a congressional map because of a partisan gerrymander, and it instantly endangered Republican seats in the coming elections.

Judge James A. Wynn Jr., in a biting 191-page opinion, said that Republicans in North Carolina’s Legislature had been “motivated by invidious partisan intent” as they carried out their obligation in 2016 to divide the state into 13 congressional districts, 10 of which are held by Republicans. The result, Judge Wynn wrote, violated the 14th Amendment’s guarantee of equal protection.

The ruling and its chief demand — that the Republican-dominated Legislature create a new landscape of congressional districts by Jan. 24 — infused new turmoil into the political chaos that has in recent years enveloped North Carolina. President Trump carried North Carolina in 2016, but the state elected a Democrat as its governor on the same day and in 2008 supported President Barack Obama.

The unusually blunt decision by the panel could lend momentum to two other challenges on gerrymandering that are already before the Supreme Court — and that the North Carolina case could join if Republicans make good on their vow to appeal Tuesday’s ruling.

In October, the court heard an appeal of another three-judge panel’s ruling that Republicans had unconstitutionally gerrymandered Wisconsin’s State Assembly in an attempt to relegate Democrats to a permanent minority. In the second case, the justices will hear arguments by Maryland Republicans that the Democratic-controlled Legislature redrew House districts to flip a Republican-held seat to Democratic control.

Read the complete article here.

Federal Judge Blocks Texas Effort to Suppress Minority Voters with ID Law

Yesterday a federal judge in Houston blocked the state of Texas from enacting a revised version of its “Voter ID Law.” Known as Senate Bill 5, the legislation was revised from previous attempts by the state legislature to implement a strict Voter ID requirement for voters to participate in elections. The previous version was, in part, struck down because it violated certain parts of the Voting Rights Act that prohibit voting rules and regulations that fall disproportionately on racial minorities.

In the decision, Judge Nelva Gonzales Ramos of the United States District Court for the Southern District of Texas ruled that the revised law still barred voters from showing state or federal employee ID cards, and since those who lack the accepted forms of identification were “subjected to separate voting obstacles and procedures,” she wrote, “S.B. 5’s methodology remains discriminatory because it imposes burdens disproportionately on blacks and Latinos.”

With a growing Latino and Hispanic population set to eclipse the white conservative majority of Texas voters, the Republican party in that state has long sought to disenfranchise racial minorities from improving their participation rates in elections. The recent return to Jim Crow-style voting requirement laws in southern states is a clear effort to suppress minority voters in an effort to prop up the political power of white conservatives.

“Jim Crow-era tactics have kept Texas Republicans in power,” Gilberto Hinojosa, the chairman of the Texas Democratic Party, said in a statement.

In addition to Voter ID laws the anti-democratic policy of “gerrymandering” remains a significant obstacle to reforming elections in states across the country. The Republican party has taken steps to ensure the preservation of white conservative governorships and state legislatures by redrawing voting districts to favor their constituents, but such efforts are also under scrutiny. The U.S. Supreme Court plans to hear a case in Gill v. Whitford this fall reviewing recent changes by the Republican legislature in the state of Wisconsin to redraw its political map in an effort to marginalize racial and political minorities.