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Context of '1901: Alabama Modifies State Constitution to Disenfranchise Black Voters, Retain White Dominance of State Government'

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Kentucky’s State Constitution is ratified. It provides that, under Kentucky law, citizens can have their right to vote taken away upon being “convicted of bribery, perjury, forgery, or other high crimes and misdemeanors.” [State Constitution of Kentucky, 1792 pdf file; ProCon, 10/19/2010]

Timeline Tags: Civil Liberties

Vermont ratifies its state Constitution. Under the Vermont Constitution, the Vermont Supreme Court can strip a citizen of the right to vote upon conviction for bribery, corruption, or other crimes. [THE CONSTITUTION OF 1793 (Vermont), 1793 pdf file; ProCon, 10/19/2010] Vermont is following the example set by Kentucky a year before (see April 19, 1792).

Timeline Tags: Civil Liberties

After two states, Kentucky and Vermont, include language in their constitutions allowing state officials to strip citizens of the right to vote upon conviction for various felonies and other serious crimes (see April 19, 1792 and July 9, 1793), a large number of other states follow suit.
Ohio - In 1802, Ohio leads the way, including language in its newly ratified state constitution that gives the legislature the right to “exclude from the privilege of voting” any citizen “convicted of bribery, perjury, or otherwise infamous crime.”
Louisiana - In 1812, Louisiana includes language in its newly ratified state constitution that disenfranchises citizens “convicted of bribery, perjury, forgery, or other high crimes or misdemeanors.” The Louisiana Constitution also disenfranchises anyone convicted of participating “in a duel with deadly weapons against a citizen of Louisiana.” In 1845, Louisiana includes language in its constitution to disenfranchise a citizen “under interdiction” or “under conviction of any crime punishable with hard labor.”
Indiana - In 1816, Indiana ratifies its constitution, which grants the General Assembly the right “to exclude from the privilege of electing, or being elected, any person convicted of an infamous crime.”
Mississippi - In 1817, Mississippi’s newly ratified state constitution allows for the disenfranchisement of citizens “convicted of bribery, perjury, forgery, or other high crimes or misdemeanors.”
Connecticut - Connecticut ratifies its state constitution in 1818. That instrument precludes from voting “those convicted of bribery, forgery, perjury, dueling, fraudulent bankruptcy, theft, or other offense for which an infamous punishment is inflicted.”
Alabama - Alabama ratifies its constitution in 1819, granting itself the right to disenfranchise “those who shall hereafter be convicted of bribery, perjury, forgery, or other high crimes and misdemeanors.”
Missouri - In 1820, Missouri’s newly ratified constitution gives Missouri’s General Assembly the right to disenfranchise “all persons convicted of bribery, perjury, or other infamous crime.” Citizens convicted of electoral bribery lose their right to vote for 10 years.
New York - New York ratifies its constitution in 1821. Like Indiana, it bars citizens from voting if convicted of “infamous crimes.” In 1846, New York rewrites the constitution to strip voting rights from those “who have been or may be convicted of bribery, larceny, or of any other infamous crime… and for wagering on elections.”
Virginia - Virginia ratifies its constitution in 1830. It follows New York and Indiana in barring voting by those “convicted of an infamous crime.”
Delaware - Delaware’s constitution, ratified in 1831, bars citizens from voting “as a punishment of crime,” and specifically disenfranchises citizens convicted of a felony.
Tennessee - In 1834, Tennessee’s newly ratified constitution bars those convicted of “infamous crimes” from voting.
Florida - Florida’s constitution is ratified in 1838, seven years before Florida becomes a state. Under Florida’s constitution, the General Assembly can disenfranchise citizens “who shall have been, or may thereafter be, convicted of bribery, perjury, forgery, or other high crime or misdemeanor.… [T]he General Assembly shall have power to exclude from… the right of suffrage, all persons convicted of bribery, perjury, or other infamous crimes.”
Rhode Island - Rhode Island ratifies its constitution in 1842, and bans citizens from voting once “convicted of bribery or of any crime deemed infamous at common law, until expressly restored to the right of suffrage by an act of General Assembly.”
New Jersey - Like Rhode Island, New Jersey’s 1844 constitution disenfranchises convicted felons “unless pardoned or restored by law to the right of suffrage.” The constitution specifically disenfranchises those “convicted of bribery.”
Texas - The Texas Constitution, ratified in 1845, states, “Laws shall be made to exclude… from the right of suffrage those who shall hereafter be convicted of bribery, perjury, forgery, or other high crimes.”
Iowa - Iowa’s constitution, ratified in 1846, disenfranchises citizens “convicted of any infamous crime.”
Wisconsin - Wisconsin’s newly ratified constitution, adopted in 1848, bars citizens “convicted of bribery, larceny, or any infamous crime” from voting, and specifically forbids citizens convicted of “betting on elections” from casting votes.
California - Like Florida, California adopts its constitution before it becomes a state. Its 1849 constitution strips voting rights from “those who shall hereafter be convicted of bribery, perjury, forgery, or other high crimes” as well as “those convicted of any infamous crime.” California becomes a state in 1850.
Maryland - Maryland’s constitution, ratified in 1851, bars from voting citizens “convicted of larceny or other infamous crime” unless pardoned by the governor. Anyone convicted of election bribery is “forever disqualified from voting.”
Minnesota - The 1857 ratification of Minnesota’s constitution gives that state the right to disenfranchise citizens “convicted of treason or felony until restored to civil rights.” The constitution comes into effect when Minnesota becomes a state in 1858.
Oregon - Oregon ratifies its state constitution in 1857, two years before it becomes a state. More strict than many other states, its constitution disenfranchises citizens “convicted of crimes punishable by imprisonment.” [ProCon, 10/19/2010]

Timeline Tags: Civil Liberties

The US Supreme Court rules in Dred Scott v. Sandford that African-Americans are not citizens regardless of their status as free or slave, and therefore cannot sue for redress in federal courts. The Court also rules that Congress has no power to ban slavery in US territories, and that the rights of slaveowners are protected by the Fifth Amendment because slaves are categorized as property. The origins of the case date to 1833 when Army surgeon Dr. John Emerson purchased Dred Scott, a slave, and moved him to a military base in Wisconsin. Slavery was banned in territories made free by the Missouri Compromise, and Wisconsin was one of these territories. However, Scott did not assert his freedom at that time. Instead, he lived in Wisconsin for four years, sometimes hiring himself out for work. In 1840, Scott moved with his family to Louisiana and then to St. Louis, Missouri, with Emerson. After Emerson died, Scott attempted to buy his family’s freedom from Emerson’s wife Eliza Irene Sanford, but was refused. (Sanford’s name was misspelled ‘Sandford’ in court documents.) Scott then sued Sanford in a state court, arguing that he and his family were free because they lived in a territory where slavery was illegal, and that he was owed back wages. A state court found in Scott’s favor in 1850, but Sanford’s brother John appealed the decision. The Missouri Supreme Court overturned the original decision. Scott, alleging physical abuse, then sued John Sanford for damages in a federal court, but a jury disallowed Scott’s right to file a case in federal court. Scott appealed this decision to the Supreme Court. In a majority opinion written by Chief Justice Roger B. Taney, the Court finds that it lacks jurisdiction to take the case because Scott is not a US citizen. Taney writes that Scott is “a negro, whose ancestors were imported into this country and sold as slaves,” and, therefore, he is not a “member of the political community formed and brought into existence by the Constitution.” Taney also dismisses Scott’s assertion that his residence in a free state automatically grants him freedom and status as a US citizen, reasoning that states may choose to recognize the rights of freed slaves as citizens, but the federal government is under no obligation to do so. Lastly, the Court finds that, because slaves are property, Congress’s ban on slavery in the territories violates the Fifth Amendment’s protection of property rights. Justice Benjamin Curtis issues a powerful dissent to the Taney opinion. The Court’s decision will exacerbate tensions between Northern and Southern states, being widely seen as validating the South’s view of national power. It will also embolden pro-slavery Southerners and others to try to extend slavery into other areas of the nation, and will infuriate abolitionists, who will become powerful voices within the newly formed Republican Party. The three “Reconstruction Amendments”—the Thirteenth, Fourteenth, and Fifteenth (see February 26, 1869)—will render the Scott decision invalid. In modern times, all people born or naturalized in the US will be considered citizens who have the right to bring suit in federal court. [PBS, 12/2006]

Entity Tags: Republican Party, Benjamin Curtis, Dred Scott, Eliza Irene Sanford, John Emerson, US Supreme Court, Roger B. Taney, Missouri Supreme Court, John Sanford

Timeline Tags: Civil Liberties

The US Congress passes the Fifteenth Amendment, giving African-American men, and in theory men of other minorities, the right to vote. The Amendment reads, “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.” Over a century later, the American Civil Liberties Union (ACLU) will write, “In addition to the Thirteenth Amendment, which abolishes slavery, and the Fourteenth Amendment, which guarantees equal protection under the law, the Fifteenth Amendment is one of the major tools which enabled African-Americans to more fully participate in democracy.” It will be ratified by the states in 1870. [American Civil Liberties Union, 2012; The Constitution: Amendments 11-27, 2012]

Entity Tags: US Congress, American Civil Liberties Union

Timeline Tags: Civil Liberties

In Elk v. Wilkins, the US Supreme Court restricts Native American voting rights by denying Native American John Elk the right to vote. According to the Court, Elk cannot vote in his home state of Nebraska because his intention to become a citizen requires approval from the government. Additionally, the Court finds that Elk is not a citizen because he does not “owe allegiance to the United States,” and thusly the Fifteenth Amendment (see February 26, 1869) does not apply to him. [American Civil Liberties Union, 2012]

Entity Tags: US Supreme Court, John Elk

Timeline Tags: Civil Liberties

Florida’s legislature passes a number of laws designed to disenfranchise African-American voters. The provisions include a poll tax and an “eight box law,” under which voters are required to place ballots in correct boxes which are then shifted throughout the day. Between 1888 and 1892, voter turnout among African-Americans will drop from 62 percent to 11 percent. [American Civil Liberties Union, 2012]

Entity Tags: Florida State Legislature

Timeline Tags: Civil Liberties

An excerpt from a ‘Harper’s Weekly’ cartoon from 1876 showing two white men menacing a black man attempting to cast a vote. The cartoon illustrates the effect of the ‘grandfather clause.’ An excerpt from a ‘Harper’s Weekly’ cartoon from 1876 showing two white men menacing a black man attempting to cast a vote. The cartoon illustrates the effect of the ‘grandfather clause.’ [Source: Harper's / St. John's School]The Louisiana legislature adopts a so-called “grandfather clause” designed to disenfranchise African-American voters. As a result, the percentage of registered black voters drops from 44.8 percent in 1896 to 4 percent in 1890. Louisiana’s lead is followed by similar laws being passed in Mississippi, South Carolina, Alabama, and Virginia. Louisiana’s “grandfather clause” requires voters to register between January 1, 1897 and January 1, 1898. It imposes a literacy test. Illiterate or non-property owning voters whose fathers or grandfathers were not eligible to vote in 1867 (as per the Fifteenth Amendment—see February 26, 1869) are not allowed to register. Almost all African-Americans were slaves in 1867, and were not allowed to vote. The American Civil Liberties Union will later write, “[T]he measure effectively disfranchises all black voters who cannot read or write or who do not own more than $300 in property.” [School, 2011; American Civil Liberties Union, 2012]

Entity Tags: Louisiana State Legislature, American Civil Liberties Union

Timeline Tags: Civil Liberties

The US Supreme Court upholds a Mississippi law requiring citizens to pass a literacy test before being allowed to vote. The Williams v. Mississippi decision holds that such tests do not violate the Fifteenth Amendment (see February 26, 1869) as long as they are applied equally to all prospective voters. The literacy test stemmed from a state “Constitutional convention” that codified a “compromise” between white slaveowners and those who opposed their iron control of the Mississippi state government. The compromise would declare all illiterate Mississippi citizens as ineligible to vote, but the real purpose of the convention—to disenfranchise blacks—was well known. James Kimble Vardaman, who would later become governor, said of the convention: “There is no use to equivocate or lie about the matter. Mississippi’s constitutional convention was held for no other purpose than to eliminate the n_gger from politics; not the ignorant—but the n_gger.” White Republican Marsh Cook challenged the Democrats for a seat to the convention and was murdered in response. The only African-American delegate to the convention, Isaiah Montgomery, was invited because of his willingness to support disenfranchisement. The convention established the literacy test, establishing as a proper test the reading of any selected section of the Mississippi Constitution, or giving a valid explanation of it once it was read to the voter. Registrars would interpret the success or failure of the voters’ attempts to pass the test. Since all Mississippi registrars are white, the likelihood that even a literate African-American would pass the test was slim at best. However, the Court ignores the intent of the law to disenfranchise blacks, writing: “[T]he operation of the constitution and laws is not limited by their language or effects to one race. They reach weak and vicious white men as well as weak and vicious black men, and whatever is sinister in their intention, if anything, can be prevented by both races by the exertion of that duty which voluntarily pays taxes and refrains from crime.” Other states, mainly Southern, will quickly adopt their own version of literacy tests. [PBS, 2002; PBS, 12/2006]

Entity Tags: James Kimble Vardaman, Marsh Cook, US Supreme Court, Isaiah Montgomery

Timeline Tags: Civil Liberties

Alabama modifies its state Constitution to expand criminal disenfranchisement. The state is one of more than 20 to disenfranchise citizens convicted of various felonies and high crimes (see 1802-1857). However, Alabama’s new policies are directly focused on retaining white citizens’ dominance in state and local government. The all-white 1901 Alabama Constitution Convention hears the convention’s president state that the purpose of the convention’s new policies is “within the limits imposed by the Federal Constitution to establish white supremacy.” Since African-Americans have received the right to vote via the Fourteenth and Fifteenth Amendments, Alabama, like a number of other Southern states, is moving to restrict black citizens’ votes in a variety of ways. According to the newly adopted language of the Alabama Constitution: “The following persons shall be disqualified both from registering, and from voting, namely: All idiots and insane persons; those who shall by reason of conviction of crime be disqualified from voting at the time of the ratification of this Constitution; those who shall be convicted of treason, murder, arson, embezzlement, malfeasance in office, larceny, receiving stolen property, obtaining property or money under false pretenses, perjury, subornation of perjury, robbery, assault with intent to rob, burglary, forgery, bribery, assault and battery on the wife, bigamy, living in adultery, sodomy, incest, rape, miscegenation, crime against nature, or any crime punishable by imprisonment in the penitentiary, or of any infamous crime or crime involving moral turpitude; also, any person who shall be convicted as a vagrant or tramp, or of selling or offering to sell his vote or the vote of another, or of buying or offering to buy the vote of another, or of making or offering to make a false return in any election by the people or in any primary election to procure the nomination or election of any person to any office, or of suborning any witness or registrar to secure the registration of any person as an elector.” [ProCon, 10/19/2010]

Timeline Tags: Civil Liberties

The US Supreme Court overrules Oklahoma’s “grandfather clause” law in the case of Guinn v. United States, finding the law unconstitutional. The Oklahoma law is similar to laws passed in Louisiana and other states (see 1896) in order to ensure that African-Americans cannot legally vote regardless of the Fifteenth Amendment (see February 26, 1869). Illiterate males can vote only if they can prove their grandfathers had the right to vote. Since almost all African-Americans were slaves during that time, it is impossible for almost all African-Americans to prove their grandfathers had the right to vote. Illiterate white men, however, can often prove their grandfathers could vote. [PBS, 12/2006; American Civil Liberties Union, 2012]

Entity Tags: US Supreme Court

Timeline Tags: Civil Liberties

Women and men gather to protest for the right of women to vote, 1848.Women and men gather to protest for the right of women to vote, 1848. [Source: Declaration of Sentiments 1848 (.com)]The Nineteenth Amendment to the Constitution, passed by Congress and ratified just over a year later, grants the right of women to vote. Because women now play a fundamental part in elections and campaigns, campaign financing and practices are dramatically expanded and changed. [Connecticut Network, 2006 pdf file; The Constitution: Amendments 11-27, 2012; Doug Linder, 2012] Women have been organizing for the right to vote at least since the Seneca Falls Woman’s Rights Convention in 1848. Women’s rights activist Susan B. Anthony declared in 1852 that “the right women needed above every other… was the right of suffrage.” Suffragists tried and failed to win the right of “universal suffrage” during the debates on the so-called “Reconstruction Amendments” (see February 26, 1869) that granted the right to vote and other rights to male minority members. An amendment granting the right to vote has been introduced in every session of Congress since 1878. Western states such as Wyoming, Utah, Colorado, and Idaho were the first to grant women the right to vote; former President Theodore Roosevelt’s Bull Moose Party was the first to proclaim its support for women’s suffrage in its party planks. Southern states were the primary opponents to the amendment. The Amendment will be ratified by a single vote in the Tennessee state legislature in August 1920 (24-year-old lawmaker Harry Burns will cast the deciding vote, carrying a letter from his mother urging him to “be a good boy” and “vote for suffrage”), and will become law later that month. [American Civil Liberties Union, 2012; Doug Linder, 2012]

Entity Tags: US Congress, Bull Moose Party, Harry Burns, Susan B. Anthony

Timeline Tags: Civil Liberties

The US Supreme Court, ruling in Breedlove v. Settles, finds a poll tax implemented in Georgia law to be constitutional. The Court decision effectively abrogates the right of most African-Americans in Georgia to vote, as most of them cannot pay the poll tax. The Court ruling serves to disenfranchise many African-Americans for decades. Some Southern states will employ poll taxes well into the 1960s. [PBS, 12/2006; American Civil Liberties Union, 2012]

Entity Tags: US Supreme Court

Timeline Tags: Civil Liberties

The US Supreme Court stops political parties in Texas from discriminating based on race. In the case of Smith v. Allwright, the Court rules that the Texas Democratic Party may not prohibit African-Americans from membership and from participating in primary elections. The Court bases its ruling on the Fifteenth Amendment (see February 26, 1869), and overturns its decision in the 1935 Grovey v. Townsend case. [PBS, 12/2006; American Civil Liberties Union, 2012]

Entity Tags: US Supreme Court, Texas Democratic Party

Timeline Tags: Civil Liberties

A federal court rules in King v. Chapman that whites-only primary elections in Georgia are unconstitutional. The court rules, “The exclusions of voters made by the party by the primary rules become exclusions enforced by the state and when these exclusions are prohibited by the Fifteenth Amendment (see February 26, 1869) based on race or color, the persons making them effective violate under color of state law a right secured by the Constitution and laws of the United States within the meaning of the statute.” [American Civil Liberties Union, 2012]

Timeline Tags: Civil Liberties

The US Supreme Court rules in Lassiter v. Northampton County Board of Elections that literacy tests for voting in North Carolina are constitutional. The case was brought by an African-American voter who argued that his right to vote was being unconstitutionally constrained. The Court rules that because the literacy test applies to all voters, it is legal (see April 25, 1898). The American Civil Liberties Union will call the ruling “a major setback to voting rights.” [PBS, 12/2006; American Civil Liberties Union, 2012]

Entity Tags: US Supreme Court

Timeline Tags: Civil Liberties

The adoption of the Twenty-Fourth Amendment prohibits Congress and the 50 states from imposing poll taxes or other types of taxes on voters participating in federal elections. Before World War II, an African-American citizen told a reporter, “Do you know I’ve never voted in my life, never been able to exercise my right as a citizen because of the poll tax?” During the ceremony formalizing the adoption of the amendment, President Lyndon Johnson says, “There can be no one too poor to vote.” [American Civil Liberties Union, 2012; The Constitution: Amendments 11-27, 2012; America's Library, 2012] Among other laws it overturns, the amendment invalidates the 1937 Supreme Court ruling that found poll taxes legal (see December 6, 1937).

Entity Tags: Lyndon B. Johnson

Timeline Tags: Civil Liberties

Alabama police attack civil rights marchers on the Edmund Pettus Bridge outside of Selma, Alabama.Alabama police attack civil rights marchers on the Edmund Pettus Bridge outside of Selma, Alabama. [Source: Library of Congress]Over 500 non-violent civil rights marchers are attacked by law enforcement officers during a march from Selma to Montgomery, Alabama. The attack takes place while the marchers are crossing the Edmund Pettus Bridge outside of Selma. The march is to protest the disenfranchisement of African-American voters, and to protest the fatal police shooting of civil rights activist Jimmy Lee Jackson. The marchers are badly beaten by police officers and white residents wielding billy clubs and tear gas, and driven back into Selma. The marchers heed the non-violent teachings of Dr. Martin Luther King Jr. and other civil rights leaders, and refuse to counterattack. The attack, later termed “Bloody Sunday,” is shown on national television, sparking a national outcry. Two days later, King will lead a symbolic march to the bridge, and he and other civil rights leaders will secure court protection for a third, large-scale march from Selma to Montgomery. A week later, President Lyndon Johnson will denounce the attack as “deadly wrong.” On March 21, King will lead some 3,200 marchers from Selma to Montgomery, reaching the capitol on March 25. By the time they reach Montgomery, the number of marchers will have grown to around 25,000. The attack helps spur the passage of the Voting Rights Act (VRA—see August 6, 1965). [National Park Service, 2001; American Civil Liberties Union, 2012]

Entity Tags: Jimmy Lee Jackson, Edmund Pettus Bridge, Martin Luther King, Jr., Lyndon B. Johnson

Timeline Tags: Civil Liberties

President Lyndon Johnson signs the Voting Rights Act (VRA) into law. Based on the Fifteenth Amendment (see February 26, 1869), the VRA is a potent set of statutes that permanently bars direct barriers to political participation by racial and ethnic minorities. It bans any election practice that denies the right to vote due to race, and requires areas with a history of racial discrimination to get federal approval of changes in their election laws before they can take effect. The VRA forbids literacy tests (see 1896, April 25, 1898, and June 8, 1959) and other barriers to registration that have worked to stop minority voters from exercising their rights (see 1888, June 21, 1915, and February 4, 1964). Sections 2 and 5 of the VRA work together to prohibit states from establishing voting qualifications or standards that interfere with a citizen’s right to vote on a racial basis. Section 5 requires states with a history of racial discrimination to obtain “preclearance” from the Justice Department before altering any laws pertaining to voting—this includes changing electoral districts, voter qualification rules, and even changes in government structure such as making a formerly elective office appointive. If the changes can be seen as possibly “diluting” minority voting strength, they can be disallowed. States wishing to challenge the VRA restrictions have the opportunity to have their cases heard in federal court. Section 2 has similar, if less restrictive, provisions that apply nationally. Section 10 of the VRA takes direct aim at the Breedlove ruling from the Supreme Court (see December 6, 1937), which had legitimized poll taxes used to disenfranchise minority voters. That portion of the VRA finds that poll taxes “impose… unreasonable financial hardship” and “precludes persons of limited means from voting.” The VRA also forbids the use of literacy tests, good character tests, and other such tests used in the past to suppress minority voting. The law urges the attorney general to urge the Court to overrule Breedlove; minutes after Johnson signs the bill into law, he directs the attorney general “to file a lawsuit challenging the constitutionality of the poll tax.” The Court will find poll taxes unconstitutional in its Harper v. Virginia Board of Elections ruling (see March 24, 1966). The US Department of Justice and the federal courts now have the power to monitor problem jurisdictions and assist private citizens in seeking redress through the courts if their voting rights are infringed. Months later, the Supreme Court will uphold the constitutionality of the VRA. [eNotes, 2004; American Civil Liberties Union, 2012; Yale Law School, 2/8/2012]

Entity Tags: US Supreme Court, Voting Rights Act of 1965, Lyndon B. Johnson

Timeline Tags: Civil Liberties

The US Supreme Court, in the case of Harper v. Virginia Board of Elections, finds Virginia’s law upholding “poll taxes” to be unconstitutional. The 7-2 decision finds that poll taxes—fees demanded of voters, which have been used for over a century to disenfranchise minority voters (see February 4, 1964 and December 6, 1937)—violate the Constitution by imposing discriminatory restrictions on voting. Justice William O. Douglas writes the majority opinion, with Justice Hugo Black and John Marshall Harlan II dissenting. Douglas cites the landmark Brown v. Board decision (see May 17, 1954) and the recently passed Voting Rights Act (see August 6, 1965) in his ruling. [Legal Information Institute, 2011]

Entity Tags: Hugo Black, William O. Douglas, US Supreme Court, John Marshall Harlan II

Timeline Tags: Civil Liberties

The California Supreme Court, ruling in the case of Otsuka v. Hite, provides a strict interpretation of the phrase “infamous crimes” in the state Constitution. That phrase has been used to strip citizens convicted of “infamous crimes” of the right to vote (see 1802-1857). The California high court rules that only those “deemed to constitute a threat to the integrity of the elective process” should be disenfranchised. [Otsuka v. Hite, 5/24/1966 pdf file; ProCon, 10/19/2010]

Entity Tags: California Supreme Court

Timeline Tags: Civil Liberties

A federal appeals court rules in Green v. Board of Elections of New York that New York State’s criminal disenfranchisement statutes (see 1802-1857) are legal under the state Constitution. The ruling finds that “a man who breaks the laws he has authorized his agent to make for his own governance could fairly have been thought to have abandoned the right to participate in further administering the compact.… It can scarcely be deemed unreasonable for a state to decide that perpetrators of serious crimes shall not take part in electing the legislators who make the laws.” The New York Supreme Court will uphold the verdict. [Green v. Board of Elections of New York, 6/13/1967 pdf file; ProCon, 10/19/2010]

Entity Tags: New York Supreme Court

Timeline Tags: Civil Liberties

1970: Congress Renews Voting Rights Act

Congress renews the Voting Rights Act of 1965 (VRA—see August 6, 1965) for five more years. Unfortunately, the law’s provisions are temporary. Congress also finds that many states are purposefully ignoring some provisions of the law. In the hearings about the law’s extension, Congress heard about the many ways voting electorates were manipulated through gerrymandering, annexations, at-large elections (see April 22, 1980), and other methods to disenfranchise minority voters. [African American Voices in Congress, 2012; American Civil Liberties Union, 2012]

Entity Tags: Voting Rights Act of 1965, US Congress

Timeline Tags: Civil Liberties

The US Supreme Court rules in Richardson v. Ramirez that states may deny convicted felons the right to vote. The case originated when felons who had completed their sentences sued the California secretary of state and election officials, challenging a state constitutional provision and related statutes that permanently denied them the right to vote unless their rights were restored, on an individual basis, by court order or executive pardon. The burden is generally on the state to show a “compelling state interest” in denying a citizen the right to vote. The plaintiffs argued that California had no compelling state interest in denying them their right to vote. The plaintiffs won their case in California’s Supreme Court. However, the US Supreme Court rules that a state does not have to prove that its felony disfranchisement laws serve a compelling state interest. The Court finds that the Fourteenth Amendment exempts felony disenfranchisement laws from the burden placed on states in voting rights matters. [American Civil Liberties Union, 2012; RICHARDSON v. RAMIREZ, 418 US 24 (1974), 2012] The Court writes: “[I]t is not for us to choose one set of values over the other. If respondents are correct, and the view which they advocate is indeed the more enlightened one, presumably the people of the State of California will ultimately come around to the view. And if they do not do so, their failure is some evidence, at least, of the fact that there are two sides to the argument.” [ProCon, 10/19/2010; RICHARDSON v. RAMIREZ, 418 US 24 (1974), 2012]

Entity Tags: US Supreme Court, California Supreme Court

Timeline Tags: Civil Liberties

California amends its state Constitution to allow convicted felons to vote after they complete their sentences and subsequent parole. California voters passed Proposition 10 in early November, which restores voting rights to ex-felons. California has banned convicted felons from voting since its inception as a state in 1850 (see 1802-1857). Sociology professor Michael C. Campbell later writes: “While this measure received little fanfare in the media, its impact was substantial due to California’s dramatic increase in incarceration rates beginning in the 1970s. Over the next 30 years, this change restored voting rights for hundreds of thousands of citizens who otherwise would have been disenfranchised.” [ProCon, 10/19/2010]

Entity Tags: Michael C. Campbell

Timeline Tags: Civil Liberties

1975: Voting Rights Act Extended

President Gerald Ford reauthorizes the Voting Rights Act (VRA—see August 6, 1965 and 1970). The reauthorization contains new provisions to permanently bar literacy tests nationwide and provide language assistance for minority voters. The law also extends the “preclearance” provisions that require courts to monitor states with a history of discrimination. During hearings about the bill, Congress heard testimony about voting discrimination being carried out against Hispanic, Asian, and Native American citizens. [American Civil Liberties Union, 2012; African American Voices in Congress, 2012]

Entity Tags: Voting Rights Act of 1965, US Congress, Gerald Rudolph Ford, Jr

Timeline Tags: Civil Liberties

The Supreme Court alters voting rights in the case of Beer v. United States. The Court rules that Section 5 of the Voting Rights Act (VRA—see August 6, 1965, 1970, and 1975) allows for “preclearance” of election changes that are unfair to minorities as long as the changes are not “retrogressive,” or make conditions worse than they already are. [American Civil Liberties Union, 2012; BEER v. UNITED STATES, 425 U.S. 130 (1976), 2012]

Entity Tags: Voting Rights Act of 1965, US Supreme Court

Timeline Tags: Civil Liberties

The US Supreme Court guts a significant portion of the Voting Rights Act (VRA—see August 6, 1965, 1970, and 1975) by ruling that voters must prove racially discriminatory intent in order to prevail in litigation under the VRA. In the case of City of Mobile v. Bolden, the Court rules 6-3 that the previous standard of proving discriminatory results is no longer adequate. Disenfranchised voters must now prove intent, a far higher standard, before receiving redress. The case originates in Mobile, Alabama’s practice of electing city commissioners under an at-large voting scheme. No African-American had ever been elected to the commission, and a number of Mobile citizens challenged the constitutionality of the at-large scheme. The Court found that at-large schemes such as that employed by the city of Mobile only violate the Constitution if they deliberately serve to minimize or cancel out the voting potential of minorities. Justice Potter Stewart, writing for the plurality, finds that the right to equal participation in the electoral process is aimed not for the protection of any political group. Moreover, he writes that the evidence fails to show that Mobile operates a voting system with the intent to discriminate. The conservative justices largely side with Stewart. The liberals are split. Justices Harry Blackmun and John Paul Stevens concur with Stewart’s ruling for different reasons than those expressed by Stewart. Justices William Brennan, Thurgood Marshall, and Byron White dissent, with Brennan and White arguing that the burden of proof had been met, and Marshall arguing that the burden of proof should be on Mobile to show that it refused to modify its voting scheme despite the evidence of discrimination. [MOBILE v. BOLDEN, 446 US 55 (1980), 4/22/1980 pdf file; Casebriefs, 2012; American Civil Liberties Union, 2012]

Entity Tags: John Paul Stevens, Byron White, Harry Blackmun, William Brennan, Potter Stewart, Voting Rights Act of 1965, US Supreme Court, Thurgood Marshall

Timeline Tags: Civil Liberties

In the case of Hunter v. Underwood, the US Supreme Court rules that states have the right to legally strip convicted criminals of the right to vote as long as no “racially discriminatory intent” is in effect, and strikes down a portion of Alabama law that is found to be discriminatory. The Court rules unanimously, 8-0 (Justice Lewis Powell does not participate in the case). The two plaintiffs—one black and one white—were barred from voting in Alabama after being charged with a misdemeanor crime, and filed a lawsuit against the state. A district court ruled against them, denying that Alabama’s Constitution disenfranchises citizens convicted of crimes in a discriminatory fashion (see 1802-1857 and 1901). The Supreme Court overturns that decision, finding that Alabama’s law violates the Fourteenth Amendment. The fact that the relevant portion of the Alabama Constitution “may have been adopted to discriminate against poor whites as well as against blacks would not render nugatory the purpose to discriminate against blacks, it being clear that the latter was a ‘but-for’ motivation.… There is no evidence that the disenfranchisement of those convicted of crimes involving moral turpitude was a motivating purpose of the 1901 Convention” (referring to the 1901 revision of the Alabama Constitution to use disenfranchisement as a tool to prevent blacks from voting—see 1901). [Hunter v. Underwood - 471 US 222 (1985), 4/16/1985; ProCon, 10/19/2010; Oyez (.org), 2012; Marcus McClellan, 5/14/2012]

Entity Tags: US Supreme Court, Lewis Powell

Timeline Tags: Civil Liberties

Congress reauthorizes the 1965 Voting Rights Act (VRA—see August 6, 1965, 1970, and 1975) for 25 years, until 2014. It also overturns via legislation the Supreme Court’s decision to force voters to prove discriminatory intent before receiving redress (see April 22, 1980). President Reagan signs the bill into law. The reauthorization also adds protections for blind, disabled, and illiterate voters. Reagan calls the right to vote a “crown jewel” of American liberties. [American Civil Liberties Union, 2012]

Entity Tags: Voting Rights Act of 1965, US Congress, Ronald Reagan, US Supreme Court

Timeline Tags: Civil Liberties

Part of the ‘voter purge’ lists that illegally disenfranchised thousands of Florida voters.Part of the ‘voter purge’ lists that illegally disenfranchised thousands of Florida voters. [Source: Salon]Soon after Jeb Bush (R-FL) becomes governor of Florida minority voters are increasingly purged from the Florida voting rolls. In his unsuccessful 1994 run for governor, Bush had won the animus of African-American voters by showing a lack of interest in their concerns; during one debate, when asked what he would do for Florida’s black community, he answered, “Probably nothing.” He avoided such comments in his 1998 campaign, and won the election though he secured only 10 percent of the black vote. In his first year as governor, Bush eliminates many affirmative action programs and replaces them with what he calls the “One Florida Initiative,” which in effect grants state contracts almost exclusively to white male business owners. Black legislators, led by Democratic State Senator Kendrick Meek among others and joined by the NAACP, decide that they will mount a voter registration drive—“We’ll Remember in November”—to defeat Governor Bush and his allies, and to challenge Bush’s brother, Texas Governor George W. Bush, in his drive to the presidency (see 9:54 p.m. December 12, 2000). Veteran civil rights leader Elmore Bryant later says, “We didn’t need George W. doing to the whole nation what Jeb was doing to Florida.” Some Florida NAACP officials have a nickname for the governor: “Jeb Crow.” Black voters begin registering in unprecedented numbers.
Removing Black 'Felons' from the Rolls, Keeping Other Blacks Off - Bush and his allies decide to begin focusing on convicted felons (see June 24, 1974), pivoting off of a 1997 discovery that 105 convicted felons had illegally voted in a Miami mayoral election. Under Florida law, convicted felons are ineligible to vote. Seventy-one percent of convicted felons found on county voting rolls are registered Democrats, and the majority of those are black. Bush and the Republican-led Florida legislature pushes through a sweeping voter fraud bill opposed by almost every county elections supervisor in Florida. It mandates the strict enforcement of an obsolete 1868 law that took the vote away from all former prisoners who had not received clemency from the governor’s office no matter what their crimes or their circumstances. Only 14 states do not automatically restore a convicted citizen’s civil rights upon the completion of their prison sentence; Florida is one of those states. Florida’s population is only 15 percent black, but its prison population is 54 percent black—a huge disproportion. Convicted felons who ask for clemency usually are denied such clemency, no matter how much they had managed to clean up their lives—by 2000, less than 0.5 percent of former prisoners have regained their rights to vote. Meek later says that he has helped 175 former felons apply for clemency; only nine, he will say, succeed in regaining their voting rights. 17 percent of Florida’s black voting-age males are disenfranchised as of 2000. Florida leads the nation in its number of disenfranchised voters. Moreover, Florida leads the nation in charging juveniles with felonies, thusly depriving young citizens of their rights to vote even before they are old enough to exercise them. Democratic State Senator Daryl Jones says: “And every year the Florida legislature is trying to make more crimes felonies. Why? So they can eliminate more people from the voter rolls.… It’s been going on in Tallahassee for years.” By April 1998, as Jeb Bush’s campaign for governor is in full swing, the legislature mandated a statewide push to “purge” voter rolls of a wide variety of ineligible voters—those who have moved and registered in a different county or state, those considered mentally unstable, those who are deceased, and most significantly, convicted felons who have not had their rights restored. Voters such as Willie David Whiting, a Tallahassee pastor who has never been convicted of a crime, testified that they were denied their rights to vote because the lists conflated him with felon Willie J. Whiting. The purge list parameters considered him a “derived,” or approximate, match (see November 7, 2000). Whiting had to threaten to bring his lawyer to the precinct before being allowed to vote. “I felt like I was slingshotted back into slavery,” he testified. He tried to understand why he and so many others were denied their right to vote. “Does someone have a formula for stealing this election?” he says he asked himself. Overall, the new purge lists are hugely disproportionate in including black citizens. Hillsborough County’s voting population is 15 percent black, but 54 percent of its purged voters are black. Miami-Dade County’s voting population is 20 percent black, but 66 percent of its purged voters are black. Leon County’s voting population is 29 percent black, but 55 percent of its purged voters are black (see Early Afternoon, November 7, 2000).
Privatizing the Purge - The legislature contracts out the task of providing a “purge list” to a Tallahassee firm, Professional Analytical Services and Systems, using state databases. The results are riddled with errors that would cost huge numbers of Florida voters their right to vote. In August 1998. Ethel Baxter, the Director of the Florida Division of Elections, orders county elections supervisors not to release the list to the press in order to keep the list from generating negative publicity. Instead, the state awards a second contract, this time to Boca Raton’s Database Technologies (DBT). (DBT later merges with ChoicePoint, an Atlanta firm.) DBT produces two separate lists, one in 1999 and another in 2000, that included a total of 174,583 alleged felons. Later, a small number of convicts who had been granted clemency are removed from the list. The majority of the people on the lists were black, and presumably Democrats. DBT employees referred to the people on the list as “dirtbags,” among other epithets. When citizens begin learning that they are on the lists, and begin filing complaints, DBT product manager Marlene Thorogood expresses surprise. In an email, she says, “There are just some people that feel when you mess with their ‘right to vote’ your [sic] messing with their life.” By late 1999, it becomes apparent that the DBT lists are as riddled with errors as the first lists. Thousands of Florida citizens who had never been convicted of felonies, and in many cases no crimes at all, are on the lists. Some people’s conviction dates were given as being in the future. Angry complaints by the thousands inundated county elections supervisors, who in turn complain to Tallahassee.
Handling the Complaints - The person designated to compile the list is Emmett “Bucky” Mitchell IV, an assistant general counsel to the Florida Division of Elections. Mitchell, who is later promoted to a senior position in the Department of Education a week after the November 2000 elections, claims he tries to “err on the side of caution” in listing voters to be purged. But testimony and statements from county supervisors, state officials, DBT employees, and others paint a different picture. When warned in March 1999 of the likelihood of tens of thousands of “false positives”—names that should not be on the list but are because of similarities in names, birth dates, Social Security numbers, and the like—Mitchell tells Thorogood that the primary purpose of the lists is to include as many people as possible, false positives or not. It is the job of the county supervisors, he says, to weed out the legitimate voters from the lists. When told by DBT personnel that loose parameters for the names were causing an inordinate number of false positives, Mitchell, as directed by senior government officials, actually loosens the parameters instead of tightening them, ensuring tens of thousands more names on the list, and resultingly more false positives. DBT also includes names of convicted felons from other states in making up its lists, though 36 states automatically restore their prisoners’ rights upon completion of sentences. Thusly, over 2,000 residents of other states who had served their sentences, had their rights restored, and moved to Florida now find their voting rights illegally stripped by the purge list. In May 2000, some 8,000 names, mostly those of former Texas prisoners included on a DBT list, are found to have never committed anything more than a misdemeanor. Their names are eventually removed from the lists. (Subsequent investigations find that at least one of the Texas lists came from a company headed by a heavy Republican and Bush campaign donor.) Mitchell later admits that other such lists, equally erroneous, are incorporated into the purge lists, and those names are not removed. Before the 2000 elections, an appeals process is instituted, but it is tortuously slow and inefficient. Civil Rights Commission attorney Bernard Quarterman says in February 2001 that the people who filed appeals are, in essence, “guilty until proven innocent.” In its contract, DBT promises to check every name on the list before including it by both mail and telephone verifications, but it does not, and later contracts omit that procedure. Asked by Nation reporter John Lantigua about concerns with the lists, Mitchell dismisses them, saying: “Just as some people might have been removed from the list who shouldn’t have been, some voted who shouldn’t have.” Lantigua writes: “In other words, because an ineligible person may have voted somewhere else, it was acceptable to deny a legitimate voter the right to vote.” Mitchell verifies that he himself did not set the loose parameters for the lists, but that they came from Baxter in consultation with Florida Secretary of State Katherine Harris (see After 3:30 a.m. November 8, 2000 and After).
County Supervisors Battle the Lists - Some county elections supervisors work diligently to comb through their lists and restore legitimate citizens’ voting rights. Leon County Elections Supervisor Ion Sancho testifies after the elections, “Our experience with the lists is that they are frequently erroneous.” He tells the Civil Rights Commission that he received one list with 690 names on it; after detailed checking by himself and his staff, 657 of those names were removed. Mitchell actually tells elections supervisors not to bother with such checks. Linda Howell, the elections supervisor for Madison County, later says: “Mr. Mitchell said we shouldn’t call people on the phone, we should send letters. The best and fastest way to check these matters was by phone, personal contact, but he didn’t want that.… We shouldn’t have had to do any of this. Elections supervisors are not investigators, and we don’t have investigators. It wasn’t our responsibility at all.” The process for unfairly purged voters to clear their names is slow and inefficient, and the backlog of voters waiting to have their names cleared by the Office of Executive Clemency was anywhere from six months to a year in duration. [Tapper, 3/2001; Nation, 4/24/2001]
Subsequent Investigation - A later investigation by the progressive news magazine The Nation will document widespread voter disenfranchisement efforts in Florida (see April 24, 2001).

Entity Tags: Professional Analytical Services and Systems, National Association for the Advancement of Colored People, Willie D. Whiting, Marlene Thorogood, US Commission on Civil Rights, Kendrick Meek, Katherine Harris, Bernard Quarterman, County of Hillsborough (Florida), ChoicePoint, County of Miami-Dade (Florida), Daryl Jones, John Lantigua, Database Technologies, Elmore Bryant, Ethel Baxter, John Ellis (“Jeb”) Bush, Emmett (“Bucky”) Mitchell, Ion Sancho, Florida Division of Elections, George W. Bush

Timeline Tags: 2000 Elections, Civil Liberties

Florida, already using controversial and error-ridden “purge lists” to remove tens of thousands of minority voters from the voting rolls (see 1998 and After), uses voting machines and voting procedures to disenfranchise eligible voters. The Florida elections system is grossly underfunded, resulting in the use of obsolete and error-prone machines (disproportionately used in counties with large minority populations), and elections officials lacking fundamental training and even information about their jobs. During most of 2000, county supervisors warn Tallahassee that Florida could expect an unprecedented number of voters on November 7, especially among the black voting community. But Secretary of State Katherine Harris (see After 3:30 a.m. November 8, 2000 and After) and Division of Elections chief Clay Roberts, by their own subsequent testimony, fail to address the problem. Roberts tells Leon County Elections Supervisor Ion Sancho, “It’s not that bad.” Thusly on November 7, 2000, many polling places experience massive difficulties. An investigation by the National Association for the Advancement of Colored People (NAACP) turns up thousands of voters who are turned away for a number of reasons, including but not limited to being on the purge lists. Some voters who registered are not listed on the voting rolls—many of whom were registered through NAACP efforts to register voters via the “motor voter” procedures (see May 20, 1993). County supervisors calling Tallahassee with questions and problems routinely find themselves unable to get through. Many precincts lack access to central voter rolls to verify questionable registrations. Some voters who are in line to vote at the 7:00 p.m. closing time are told to leave, even though the law mandates that any voter standing in line to vote can vote even if closing time occurs. Florida law also allows voters whose status is questionable to complete affidavit votes that will be counted later after their eligibility is confirmed, but many election workers know nothing of these procedures, and thusly many voters who are eligible to vote via affidavit are not given that opportunity. Many disabled voters find no procedures in place to allow them access to voting machines. Many precincts lack procedures to assist Spanish-speaking voters, including failing to provide bilingual ballots or bilingual poll workers. (The Voting Rights Act of 1965—see August 6, 1965—mandates that such provisions be made at every polling place without exception.) The Puerto Rican Legal Defense and Education Fund later concludes that several thousand Hispanic voters are disenfranchised because of these failures. Black voters in Leon County complain that the Florida Highway Patrol set up a roadblock that denied them access to their polling place (see 11:30 a.m. November 7, 2000); Highway Patrol authorities later admit the existence of the roadblock, but say that it was a routine vehicle inspection checkpoint.
Punch Card Voting - Florida generally uses two voting systems—the more sophisticated computer “optiscan” system, which features ballots where choices are made by “bubbling in” an oval with a pencil and then feeding into a scanner, and the obsolete “punch card” system, which uses “punch cards” where choices are made by a voter “punching” a hole in a card with a stylus and then feeding the card into a scanner. Counties with large African-American populations are disproportionate in having to use the obsolete punch card machines. In four of these counties—Miami-Dade, Broward, Palm Beach, and Duval—over 100,000 votes are discarded due to problems with punching the holes correctly (see November 9, 2000). This total is more than half the discards in the entire state. Of the 19 precincts in the state with the highest rate of discard, 18 are majority-black. Seventy percent of black Floridian voters are forced to use the punch card machines, a percentage far higher than that of other ethnic groups. The NAACP later sues to force Florida to discard punch card machines entirely. The Florida government’s response to the punch-card disenfranchisement can perhaps be best summed up by a statement made by Republican House Speaker Tom Feeney, who responds to a question about the infamous “butterfly ballot” in Palm Beach County (see November 9, 2000) by saying: “Voter confusion is not a reason for whining or crying or having a revote. It may be a reason to require literacy tests.” Literacy tests, a legacy of the Jim Crow era of massive voter discrimination, are unconstitutional (see 1896 and June 8, 1959). [Tapper, 3/2001; Nation, 4/24/2001]
Subsequent Investigation - A later investigation by the progressive news magazine The Nation will document widespread voter disenfranchisement efforts in Florida (see April 24, 2001).

Entity Tags: County of Palm Beach (Florida), County of Madison (Florida), County of Leon (Florida), County of Duval (Florida), County of Broward (Florida), Clay Roberts, County of Miami-Dade (Florida), Florida Highway Patrol, Ion Sancho, Puerto Rican Legal Defense and Education Fund, Tom Feeney, Linda Howell, Katherine Harris, National Association for the Advancement of Colored People

Timeline Tags: 2000 Elections, Civil Liberties

The Bush/Cheney campaign logo.The Bush/Cheney campaign logo. [Source: P. Freah]The presidential campaign of George W. Bush (R-TX), fearing that Vice President Al Gore (D-TN) might win the election in the US Electoral College while Bush ekes out a lead in the collective popular vote, devises a strategy to challenge Gore’s legitimacy as the elected president. Bush campaign advisors believe that Green Party candidate Ralph Nader might take millions of votes from Gore nationwide, but not enough in key states to cost Gore a state’s electoral votes. Gore could, theoretically, win 270 or more electoral votes without amassing a majority in the popular vote. In such a case, both the Constitution and historical precedent is clear: Gore wins without argument. “You play by the rules in force at the time,” a Gore aide tells a reporter. “If the nation were really outraged by the possibility, then the system would have been changed long ago. The history is clear.” In 1876, New York Governor Samuel Tilden won the popular vote but lost the presidency to Rutherford B. Hayes, who won a majority of Electoral College votes. In 1888, Grover Cleveland won the popular vote, but lost the presidency to Benjamin Harrison in the Electoral College tally. In 1976, slight differences in the vote tallies in Ohio and Mississippi would have given President Gerald Ford enough electoral votes to beat challenger Jimmy Carter. A Bush aide tells his fellows, “The one thing we don’t do is roll over—we fight.” The New York Daily News will later report: “[T]the core of the emerging Bush strategy assumes a popular uprising, stoked by the Bushies themselves, of course. In league with the campaign—which is preparing talking points about the Electoral College’s essential unfairness—a massive talk radio operation would be encouraged.” The Bush strategy is to launch a massive, orchestrated assault via conservative talk radio, Fox News, and other conservative media outlets to portray the Electoral College as unfair and non-binding. A Bush aide tells a reporter: “We’d have ads, too, and I think you can count on the media to fuel the thing big-time. Even papers that supported Gore might turn against him because the will of the people will have been thwarted.” The Daily News writes that the strategy goes further than a media blitz: “Local business leaders will be urged to lobby their customers, the clergy will be asked to speak up for the popular will, and Team Bush will enlist as many Democrats as possible to scream as loud as they can.” A Bush advisor speculates on the creation of a “grassroots” organization, perhaps to be called “Democrats for Democracy,” that would advocate for the ignoring of the Electoral College in favor of calling for installation of Bush via the popular vote—a process that is entirely outside the Constitution. The Bush strategy would also pressure some of the 538 individual electors. Although it is customary for each elector to vote for the candidate that his or her state selected, legally they are not bound to do so, and can change their votes, although this has happened only rarely in US history and never impacted an election. According to a Boston Globe report, the Bush strategy would “challenge the legitimacy of a Gore win, casting it as an affront to the people’s will and branding the Electoral College as an antiquated relic.… One informal Bush advisor, who declined to be named, predicted Republicans would likely benefit from a storm of public outrage if Bush won the popular vote but was denied the presidency.” The advisor tells the Globe reporter: “That’s what America is all about, isn’t it. I’m sure we would make a strong case.” The Daily News calls the Bush strategy a preparation for electoral “insurrection.” [New York Daily News, 11/1/2000; Consortium News, 11/10/2000]

Entity Tags: George W. Bush presidential campaign 2000, George W. Bush, Albert Arnold (“Al”) Gore, Jr.

Timeline Tags: 2000 Elections, Civil Liberties

Massachusetts voters pass a ballot question restricting the right of jailed convicts to vote. Unlike many states (see 1802-1857), Massachusetts has not restricted the right of convicted criminals to vote. Pursuant to the ballot question, Massachusetts changes its Constitution to read, “Persons who are incarcerated in a correctional facility due to a felony conviction may not vote.” [ProCon, 10/19/2010]

Timeline Tags: Civil Liberties

Thousands of African-American voters in Florida are illegally denied their right to vote, as is proven in many instances by subsequent investigations. Adora Obi Nweze, the president of the Florida State Conference of the NAACP, is told by election officials she cannot vote because she has already cast an absentee ballot, even though she has cast no such ballot. Cathy Jackson, a Broward County voter since 1996, was told falsely that she was not on the rolls and could not vote; she sees a white woman cast an “affidavit ballot” and asks if she can do the same, but is denied. Donnise DeSouza of Miami is told, falsely, that she is not on the voting rolls and is moved to the “problem line”; when the polls close, she is sent home without voting. Another voter, Lavonna Lewis, is in line to vote when the polls close. Though the law says that voters already in line can vote even after the polls close, she is sent home. She will later say she saw election officials allow a white male voter to get in line after the polls had closed.
US Representative Fights to Cast Vote - US Representative Corrine Brown (D-FL) is followed into her poll by a television crew. Officials there tell her that her ballot has been sent to Washington and therefore she cannot vote in Florida. Brown spends two and a half hours in the polling place before finally being allowed to vote. Brown later notes that she helped register thousands of African-American college students in the months prior to the election. “We put them on buses,” she will recall, “took them down to the supervisor’s office. Had them register. When it came time to vote, they were not on the rolls!” Many African-American voters like Wallace McDonald of Hillsborough County are denied their vote because they are told, falsely, that they are convicted felons whose right to vote has been stripped. The NAACP offices are inundated with telephone calls all day from voters complaining that their right to vote is being denied.
'Painful, Dehumanizing, Demoralizing' - Donna Brazile, campaign manager for the Gore campaign whose sister was illegally asked for three forms of identification in Seminole County before being allowed to vote, later says: “What happened that day—I can’t even put it in words anymore. It was the most painful, dehumanizing, demoralizing thing I’ve ever experienced in my years of organizing.” Hearings in early 2001 held by the US Commission on Civil Rights will record more than 30 hours of testimony from over 100 witnesses as to a wide array of racially based disenfranchisement. The commission will find that the election probably violated the Voting Rights Act of 1965, but Attorney General John Ashcroft will ignore the report.
Gadsden County - One exemplar of systematic disenfranchisement is seen in Gadsden County, one of Florida’s poorest counties, with 57 percent of its voters African-American. Its elections are supervised by white conservative Denny Hutchinson. Hutchinson refuses to take action to increase registration, put in more polling places, and other actions designed to increase voter turnout. Gadsden County Commissioner Ed Dixon later recalls: “He never advocated for any increased precincts, even though some of our people had to drive 30 miles to get to a poll. In the only county that’s a majority African-American, you want a decreased turnout.” After the votes have been tallied, Hutchinson’s deputy, African-American Shirley Green Knight, notices that over 2,000 ballots (out of 14,727 cast) are not included in the registered count. The reason? Gadsden uses a so-called “optiscan” balloting device, which allows voters to “bubble in” ovals with a pencil; these “bubbles” are scanned and the votes they indicate are tallied. Optiscan ballots are prone to register “overvotes,” essentially when the ballot indicates votes for two separate candidates in the same race. Overvotes are not machine-tallied. The machines have a sorting switch that when set to “on” causes the machine to record overvotes or “undervotes” (no vote recorded) in a separate category for later review and possible inclusion. Knight will learn that Hutchinson had insisted the machines’ switches be set to “off,” which rejects the overvotes without counting them at all. “I have no idea why he would do that,” Knight later says. When she learns of the problem, she asks Hutchinson to run the ballots through again with the sorting switch on, but he refuses. He is later overruled by the Gadsden canvassing board. When the ballots are run through a second time, the results are startlingly different. Gadsden uses a variant of the so-called “caterpillar ballot,” which lists candidates’ names in two columns. George W. Bush, Al Gore, and six other presidential candidates are listed in one column. The second column lists two more candidates, Monica Moorehead and Howard Phillips, and a blank for a “Write-In Candidate.” Hundreds of voters apparently believe that the second column is for an entirely different race, and vote not only for Bush or Gore, but for Moorehead or Phillips. And some voters vote for Gore and, to ensure clarity, write “Gore” in the write-in box. (Some, thoroughly confused by directions telling them to “Vote for ONE” and “Vote for Group,” bubble in all 10 presidential candidates and write “Gore” in the box.) None of these votes are originally counted. More sophisticated optiscan machines would refuse to accept the ballot, prompting the voter to correct the error. But Gadsden uses a cheaper machine that allows the error to go through unbeknownst to the voter. When Gadsden performs its machine recount, Gore will receive 153 additional votes from the erroneous optiscan. These will be included in the state’s final tally. However, over 2,000 of the “overvote” ballots will not be counted. Two-thirds of those ballots have Gore as their selection.
Duval County - Similar problems plague voters in Duval County. Duval, a large Democratic stronghold because of its inclusion of Jacksonville, is 29 percent African-American. Twenty-one thousand votes are thrown out as “overvotes.” Part of the problem is a sample-ballot insert placed in the newspaper by elections supervisor John Stafford, giving erroneous instructions as to how to complete the Duval ballot; any voter who follows these instructions does not have their votes tallied, though corrected instructions are posted in some Duval precincts. In the critical 72-hour period after the votes are complete, Gore campaign staffer Mike Langton will spend hours with Stafford, a white Republican, attempting to address the situation. Stafford lies to Langton and tells him Duval has “only a few” overvotes. It is not until after the deadline to ask for a machine recount has passed that Langton learns of the 21,000 uncounted votes. Nearly half of these are from four heavily African-American precincts that usually vote 90 percent Democratic. In theory, nearly 10,000 votes for Gore from Duval County will go untallied.
'Felons' and 'Purge Lists' - Florida law disenfranchises citizens convicted of many felonies (see June 24, 1974). In this election, thousands of Florida voters, mostly African-American males, lose their vote when they appear at their precinct and are told they cannot vote because they are felons, even though they are not. One is Willie Steen, a military veteran who loses his vote in Hillsborough County. “The poll worker looked at the computer and said that there was something about me being a felon,” Steen later recalls. “I’ve never been arrested before in my life,” he recalls telling the poll worker. The worker refuses to listen, and orders Steen to leave the line. Steen later learns that the felony he supposedly committed was done between 1991 and 1993, when he was stationed in the Persian Gulf. Tampa youth leader Willie Dixon and Tallahasse pastor Willie Whiting are also denied their votes through improper classification as felons, as do thousands of other voters. Investigative journalist Greg Palast later learns that the felon-disenfranchisement is widespread and systematic. He will publish a story exposing the scheme during the Florida recounts—in a London newspaper. No US newspaper will consider it. Palast later says: “Stories of black people losing rights is passe, it’s not discussed, no one cares. A black person accused of being a felon is always guilty.” Palast and other investigators learn that Republican legislators have in recent years upgraded a number of selected crimes from misdemeanors to felonies, apparently in order to “purge” the voting rolls of African-Americans. State Senator Frederica Wilson is one of many who believe the new classifications are “aimed at African-American people.” Black lawmakers have been unsuccessful in attempting to repeal the felon-disenfranchisement laws. After a 1997 election, where some 105 felons were found to have voted and analysis showed that 71 percent of Florida felons were registered Democrats, the Florida state government allocated $4 million to “purge” felons off the voting rolls. The government turned the task over to a private firm, Database Technologies (DBT) of Boca Raton (which later merged with the firm ChoicePoint). When the first purge lists from DBT began appearing in 1998, county elections officials were worried. Ion Sancho, the elections supervisor for Leon County, will recall: “We were sent this purge list in August of 1998. We started sending letters and contacting voters, [saying] that we had evidence that they were potential felons and that they contact us or they were going to be removed from the rolls. Boy, did that cause a firestorm.” One of the “felons” was Sancho’s close friend Rick Johnson, a civil rights attorney. “Very few felons are members of the Florida bar,” Sancho will note. In early 2000, Sancho asked Emmett “Bucky” Mitchell, a lawyer for the Florida Division of Elections, why so many “false positives”—innocent people—were on DBT’s list. Mitchell told Sancho that the problem was DBT’s, not Florida’s, and the firm had been told to handle the problem. Instead, according to ChoicePoint marketing official James Lee, Florida relaxed the criteria for its purge list, and tens of thousands of voters who had names roughly similar to those of actual felons were added to the list. Why? Lee will say, “Because after the first year they weren’t getting enough names.” Willie D. Whiting, a law-abiding pastor, is denied the vote because Willie J. Whiting is a felon. Willie Steen is denied his vote because Willie O’Steen is a convicted felon. Mitchell told a DBT project manager that it was up to elections officials like Sancho to find and correct the misidentifications. The lists even include actual felons whose right to vote had been restored by previous Florida administrations during amnesty programs. The initial database for the purge lists is comprised of people arrested for felonies, not convicted—thusly many citizens never convicted of a crime are now on the purge list. Others are incorrectly listed as felons when they were convicted of misdemeanors. A May 2000 “corrected” list stunned county elections officials. Linda Howell, election supervisor of Madison County, found her own name on the list. Monroe County supervisor Harry Sawyer found his father on the list, along with one of his employees and the husband of another. None of those people were felons. Some counties, such as Broward, Duval, Madison, and Palm Beach chose not to use the lists at all; Sancho meticulously checked his list of 697 names and ended up retaining only 33. Most supervisors use the lists without question. A thousand Bay County voters are denied their vote; 7,000 Miami-Dade voters lose theirs. It is unknown how many of these are actual felons and how many are law-abiding, legitimate voters. A 2001 class-action lawsuit brought by the NAACP and African-American voters will charge DBT and Florida Secretary of State Katherine Harris with deliberately attempting to disenfranchise black voters. It will be settled out of court, with Florida agreeing to provisions that nominally settle the problem (see Late August 2002), but a 2004 article by Vanity Fair will note that by 2004, Florida’s government has implemented none of the corrective procedures mandated by the settlement. Subsequent investigations will show that the “felons” on the various purge lists are disproportionately Democratic voters and disproportionately African-American. [Tapper, 3/2001; Vanity Fair, 10/2004]
2001 Investigation Proves Widespread Disenfranchisement - A 2001 investigation by the progressive newsmagazine The Nation will show a widespread and systematic program of voter disenfranchisement in effect in Florida during the 2000 elections (see April 24, 2001).

Florida NAACP official Anita Davis begins receiving phone calls from African-American voters in Leon County, which includes the heavily African-American areas in and around Tallahassee, complaining about Highway Patrol roadblocks that are interfering with their attempts to get to their polling places. Davis calls the Highway Patrol office and is told the roadblocks are just routine traffic stops, asking motorists to show their license and insurance identification. However, given Florida’s often-ugly history of racial oppression, Davis wonders about the timing and nature of the roadblocks. “It’s odd for them to be out there on Election Day,” Davis says. “It just doesn’t smell right.” Davis and fellow NAACP officials soon conclude that the Highway Patrol is attempting to interfere with black citizens’ attempts to vote. [Tapper, 3/2001]

Entity Tags: Anita Davis, National Association for the Advancement of Colored People, Florida Highway Patrol, County of Leon (Florida)

Timeline Tags: 2000 Elections, Civil Liberties

Florida NAACP official Anita Davis, already troubled by reports of Highway Patrol roadblocks interfering with black citizens’ attempts to vote in Leon County (see 11:30 a.m. November 7, 2000), receives a telephone call from her grandson Jamarr Lyles, a college student at Florida A&M in Tallahassee, the county seat. Lyles had joined in the NAACP’s effort to register new African-American voters, and like Davis is thrilled at the reports of huge turnouts among black Floridian voters, but tells his grandmother that he is receiving dozens of reports from his friends that they were not allowed to vote: that their names were not on the voting rolls, though they had registered to vote. [Tapper, 3/2001]

Entity Tags: County of Leon (Florida), Anita Davis, National Association for the Advancement of Colored People, Florida Highway Patrol, Jamarr Lyles

Timeline Tags: 2000 Elections, Civil Liberties

Based on Voter News Service (VNS) projections from exit polling, the Associated Press projects Vice President Al Gore, the Democratic presidential candidate, as the winner of the Florida elections over Governor George W. Bush (R-TX). Gore’s victory, if confirmed, would give him the electoral votes he needs to win the US presidency. The major television networks—ABC News, CBS News, Fox News, and NBC News—call Florida for Gore between 7:50 and 8:00 p.m. [Leip, 2008] In light of the predictions of a Gore victory, Bush decides to abandon his plans to watch the rest of the returns from a suite in the Austin, Texas, Four Seasons Hotel, and instead returns to the relative privacy of the governor’s mansion in Austin. [Tapper, 3/2001] Florida polling places in the Central Time Zone do not close until 8:00 p.m., so the networks’ projection that Florida is going to Gore comes out 10 minutes before those polling places—all in Florida’s “Panhandle” region, a Republican stronghold—close. Bush campaign officials will later allege that the networks called Florida for Gore an hour before the polls closed, potentially discouraging some Bush voters from casting their votes. The liberal news Web site Consortium News will later observe: “Though the networks certainly could have and obviously should have waited, it is unclear that any Bush voter decided not to go to the polls because of a projection that occurred only minutes before the polls closed. It’s unlikely that more than a few late-arriving voters were even aware of Gore’s projected victory.” [Consortium News, 11/22/2000] Many Florida lawmakers and officials are shocked by the pronouncement. Senator Bob Graham (D-FL) will later recall feeling that the networks are “stretching it” to make such a prediction. Broward County elections supervisor Jane Carroll will say acidly, “That’s very kind of [the networks] to just give this away.” Broward has yet to tally a single vote. Broward canvassing board chairman Judge Robert Lee is incredulous at the announcement, and like Graham and others, is disturbed that the networks would call the election before the polls are closed. As the evening goes on and the returns begin to come in, Lee wonders, “Why are they calling Florida for Gore when it’s so close?” Bush campaign strategist Karl Rove goes on the air to argue that Florida is still in play, and to complain about the networks’ choice to project Florida for Gore before the Panhandle counties have concluded their polling. The VNS voting predictions are later shown to be badly flawed, with a number of erroneous estimates, a drastic overestimation of African-American (Democratic) votes in Miami-Dade and a corresponding underestimation of Cuban-American (Republican) votes in that county, and poorly managed exit polling. [Tapper, 3/2001]

Entity Tags: County of Broward (Florida), Consortium News, Albert Arnold (“Al”) Gore, Jr., ABC News, Voter News Service, Robert Lee, Karl C. Rove, CBS News, Fox News, Daniel Robert (“Bob”) Graham, George W. Bush, County of Miami-Dade (Florida), Jane Carroll, NBC News

Timeline Tags: 2000 Elections

Supreme Court Justice Sandra Day O’Connor, attending a Washington, DC, party and watching the news networks predict Florida, and thusly the presidency, for Democrat Al Gore, says aloud, “This is terrible.” Her husband explains that she is considering retiring from the Court, but will only do so if George W. Bush, a fellow Republican, is in office to appoint her successor. [Tapper, 3/2001]

Entity Tags: Albert Arnold (“Al”) Gore, Jr., Sandra Day O’Connor, George W. Bush

Timeline Tags: 2000 Elections

A screenshot of CNN’s on-air graphic declaring George W. Bush the winner in Florida. The graphic shows Bush with a 6,060-vote lead.A screenshot of CNN’s on-air graphic declaring George W. Bush the winner in Florida. The graphic shows Bush with a 6,060-vote lead. [Source: TV-Ark News (.com)]Republican presidential contender George W. Bush (R-TX) appears to enjoy a late surge in Florida votes, securing what appears to be a slim but decisive lead of some 50,000 votes. Led by Fox News (see October-November 2000 and November 7-8, 2000), the four major television networks—ABC News, CBS News, Fox News, and NBC News—begin declaring Bush the projected winner of Florida and therefore the winner of the US presidential elections. By 2:20 a.m., the last of the networks has projected Bush as the winner. [New York Times, 11/9/2000; Leip, 2008] The Associated Press (AP) refuses to make the call, saying that its figures show Bush with only a 30,000-vote lead, and that steadily dwindling. By 2:30 a.m., Bush’s lead, by the AP’s count, is below 19,000 votes; a glitch in the Volusia County numbers that comes in minutes after the call for Bush slashes Bush’s lead considerably, validating the AP’s reluctance to make the call. But the television broadcasts drive the story. Network pundits immediately begin dissecting Bush’s “victory” and speculating as to why Gore “lost.” [American Journalism Review, 1/2001; Nation, 11/6/2006] After the Fox announcement, Gore campaign manager Donna Brazile sends Gore a text message reading: “Never surrender. It’s not over yet.” But others in the campaign feel the campaign is indeed over. Gore’s brother-in-law Frank Hunger later recalls, “They were just so damn positive,” referring to the networks. “And they were talking about 50,000 votes, and we never dreamed they would be inaccurate.” The Gore campaign’s deputy campaign manager for communications, Mark D. Fabiani, will later recall: “I felt so deflated. It had been an evening where you won and then lost and winning felt a lot better than losing. You had been up and down and swung around and then dumped out on your head.” [New York Times, 11/9/2000]

Entity Tags: Mark D. Fabiani, George W. Bush presidential campaign 2000, NBC News, George W. Bush, Frank Hunger, Albert Arnold (“Al”) Gore, Jr., Fox News, Associated Press, CBS News, County of Volusia (Florida), Donna Brazile, Al Gore presidential campaign 2000, ABC News

Timeline Tags: 2000 Elections

A ‘New York Post’ headline from the morning of November 8.A ‘New York Post’ headline from the morning of November 8. [Source: Authentic History]After Democrat Al Gore retracts his concession in the Florida presidential elections (see 3:30 a.m. November 8, 2000), the presidential campaign of Republican George W. Bush makes a decision to focus on one single message: their candidate has won the election, won the presidency, and anything else is wrong. In 2001, author Jake Tapper will write that in his brief conversation with Gore, “Bush doesn’t let on that he knows Florida is still in play. From this moment on, Bush and his team will propagage a myth, repeating it over and over to the American people: he won, definitively, at the moment his cousin called the election for him on Fox News Channel (see 2:15 a.m. November 8, 2000).… [E]verything that happens from this point on is crazy, illegitimate Gore-propelled nonsense.” [Tapper, 3/2001]

Entity Tags: Jake Tapper, George W. Bush, Albert Arnold (“Al”) Gore, Jr., George W. Bush presidential campaign 2000

Timeline Tags: 2000 Elections

Katherine Harris.Katherine Harris. [Source: AP/Pete Cosgrove]Florida Secretary of State Katherine Harris, one of eight co-chairs of the Florida Bush election campaign and the state official ultimately in charge of election procedures, is introduced to the politics of the Florida presidential recount by a ringing telephone. She is awakened at 3:30 a.m. by a call from the Bush campaign chairman Donald Evans, who puts Governor Jeb Bush, George W. Bush’s brother, on the line. Governor Bush asks coldly, “Who is Ed Kast, and why is he giving an interview on national television?” Harris is unsure who Kast is for a moment. Kast is the assistant director of elections, whose division reports to her office. He is on television talking about the fine points of Florida election law (see 3:30 a.m. November 8, 2000), when and how manual recounts can be requested, and, most importantly, the driving concept of “voter intent”—if a ballot shows the intent of the voter to cast a vote for a candidate, then that vote will be counted. The governor does not want the media narrative to focus on recounts and voter intent, and has already tasked his general counsel with the job of getting Kast off the air as quickly as possible. (CNN “loses” Kast’s transmission in mid-sentence minutes later.) Democrats have questioned the propriety of having the Florida official with ultimate authority over elections being a state chairman for a presidential campaign before now, and in the coming days, the question will devolve into outright accusations of partisanship and impropriety. Harris has called herself “thrilled and honored” to be part of the Bush campaign, and served as a Bush delegate during the Republican National Convention. During the campaign, she often traveled around Florida representing the ticket. Representative Robert Wexler (D-FL) says of Harris: “She is clearly a partisan Republican—and there’s nothing illegal about that. And I give everyone the benefit of the doubt, expecting them to perform their public functions appropriately. But her actions will speak volumes about whether she is qualified. If she does this fairly, fine. But if she acts as an emissary for Bush to steal this election in Florida, she will delegitimize Florida’s vote count.” Harris gives some initial media interviews on November 8, and according to a 2004 Vanity Fair article, “appear[s] overwhelmed and uninformed.” She does not know what county elections supervisors have been doing, and seems unaware of the chaos surrounding the Palm Beach County “butterfly ballot” (see November 9, 2000) and other ballot disputes. The Bush campaign senses trouble and assigns Harris a “minder,” Florida Republican lobbyist Mac Stipanovich, a former campaign advisor for Jeb Bush and a close Bush ally. Stipanovich, the Vanity Fair article will observe, “appealed to Harris’s grandiosity. (Her emails replying to Bush supporters later revealed that she had begun identifying with Queen Esther, who, in the Old Testament, saved the Jews from genocide. ‘My sister and I prayed for full armour this morning,’ she wrote. ‘Queen Esther has been a wonderful role model.’) He told her that nothing less than the course of history rested on her shoulders. ‘You have to bring this election in for a landing,’ he repeated again and again.” Under Stipanovich’s tutelage, Harris quickly learns to stay on message and repeat the given talking points. Stipanovich, who remains out of sight of the media, will later describe his daily routine with Harris to documentary filmmaker Fred Silverman, saying: “I would arrive in the morning through the garage and come up on the elevators, and come in through the cabinet-office door, which is downstairs, and then in the evening when I left, you know, sometimes it’d be late, depending on what was going on, I would go the same way. I would go down the elevators and out through the garage and be driven—driven to my car from the garage, just because there were a lot of people out front on the main floor, and, at least in this small pond, knowledge of my presence would have been provocative, because I have a political background.” [Salon, 11/13/2000; Vanity Fair, 10/2004] Most importantly to the Bush campaign, Harris is a part of the campaign’s message propagation plan to insist that Bush has indisputably won the Florida election (see After 3:30 a.m. November 8, 2000).

Entity Tags: George W. Bush presidential campaign 2000, Donald L. Evans, CNN, Ed Kast, George W. Bush, Katherine Harris, Vanity Fair, John Ellis (“Jeb”) Bush, Fred Silverman, Mac Stipanovich, Robert Wexler

Timeline Tags: 2000 Elections

The US electoral map as of the morning of November 8. Florida, New Mexico, and Oregon are still rated as ‘too close to call.’The US electoral map as of the morning of November 8. Florida, New Mexico, and Oregon are still rated as ‘too close to call.’ [Source: BBC]America wakes to a presidential election too close to call, though many morning newspapers, basing their headlines on the latest information received before going to press in the early morning hours, have headlines declaring George W. Bush (R-TX) the president-elect (see 2:15 a.m. November 8, 2000). The margin in Florida stands officially at Bush with 2,909,135 votes (48.8 percent) to Democratic contender Al Gore’s 2,907,351 votes (48.8 percent)—a margin of 1,784 votes in Bush’s favor. 136,616 votes, or 2.4 percent, are registered to other candidates. Stories of voting irregularities are surfacing, particularly in Palm Beach County, where thousands of voters complain that their punch card ballots led them to vote for candidates they did not intend to select (see 7:00 a.m. November 7, 2000 and After). Later in the day, the Florida state government orders a full machine recount in compliance with Florida Election Code 102.141 that requires a recount of ballots if the margin of victory is 0.5 percent or less. Florida Governor Jeb Bush, the brother of George W. Bush, recuses himself from the process. [Circuit Court of the 15th Judicial Circuit In and For Palm Beach County, Florida, 11/8/2000 pdf file; Jurist, 2003; Leip, 2008] The press reports that if the recounts do not clearly determine a winner, the US might have to wait “up to eight days longer as absentee ballots mailed from overseas are counted” (see 12:00 a.m., November 17, 2000). Governor Bush joins with Florida Attorney General Robert Butterworth, the Florida chairman for the Gore campaign, in a promise “to deal swiftly with any election irregularities.” Governor Bush says, “Voter fraud in our state is a felony, and guilty parties will be prosecuted to the fullest extent of the law.” [National Journal, 11/9/2000] Bush is credited with having won 29 states with 246 electoral votes. Gore has 18 states and the District of Columbia, with a total of 255 electoral votes. Oregon and New Mexico are also rated as “too close to call,” but because of the electoral vote totals, their total of 12 electoral votes are irrelevant. Florida’s 25 votes, however, are necessary for either candidate to win the election. To be declared president, one or the other needs to reach 270 votes. Wisconsin and Iowa are also briefly considered close, though Gore wins both of those states, and eventually Oregon and New Mexico (see November 13 - December 1, 2000), all with razor-thin margins. [Leip, 2000; CNN, 11/13/2000]

Entity Tags: Albert Arnold (“Al”) Gore, Jr., John Ellis (“Jeb”) Bush, Robert Butterworth, George W. Bush

Timeline Tags: 2000 Elections

James Baker and Warren Christopher.James Baker and Warren Christopher. [Source: Slate / Metrolic]The Gore campaign sends a quick-response team led by Al Gore’s former chief of staff, lawyer Ron Klain, to Florida to deal with the uncertainty of the Florida presidential race (see Early Morning, November 8, 2000). Almost immediately, Klain and his group are inundated with rumors of voting irregularities—understaffed polling places in Democratic strongholds, Democratic voters sent on “wild goose chases” to find their proper polling places, African-Americans illegally prevented from voting (see November 7, 2000), police roadblocks set up to keep voters from reaching their polls (see 11:30 a.m. November 7, 2000). Klain and his group are unable to ascertain the truth or fiction behind some of the rumors, though they learn about one that is verifiable—the problems surrounding Palm Beach County’s “butterfly ballot” that seem to have cost Gore some 2,600 votes (see November 9, 2000). Klain and the Gore campaign’s Florida head, Nick Baldick, learn that 10,000 votes for both candidates in Palm Beach have been set aside, uncounted, because of their classification as “undervotes”—votes that record no choice for president. Some 4 percent of Palm Beach voters cast their votes for senator but not for president, according to the machine scoring, a conclusion Klain and Baldick find hard to believe. They soon learn that many more “undervotes” were set aside in Miami-Dade County, like Palm Beach a Democratic stronghold. Broward County, which includes the heavily Democratic Fort Lauderdale region, is the source of a number of rumors concerning missing ballot boxes and unbelievable precinct totals. And Volusia County, another expected mine of Gore voters, initially reported a total of negative 16,000 votes for Gore. The automatic recount triggered by Florida law would not address any of these issues; manual recounts and human examination of ballots would be required to sort through the inconsistencies. Klain asks a number of Florida lawyers for legal advice and finds little help: the lawyers he contacts tell him that they are reluctant to give too much aid to the Gore campaign. “All the establishment firms knew they couldn’t cross Governor [Jeb] Bush [brother of presidential candidate George W. Bush] and do business in Florida,” Klain will later recall. Klain instead pulls together an ad hoc team to be led by former Secretary of State Warren Christopher, now a lawyer in Los Angeles. Gore chooses Christopher because he believes Christopher will lend the team an image of decorous, law-abiding respectability. But, according to a 2004 Vanity Fair report, “Christopher set a different tone, one that would characterize the Democrats’ efforts over the next 35 days: hesitancy and trepidation.” One of Christopher’s first statements on the situation is given to Gore’s running mate Joseph Lieberman, with Christopher saying: “I think we should be aggressive in asserting our position. But we’ve got to temper what we do with the realization that the nation is focused on us and is expecting to act responsibly.” The Bush campaign’s approach is very different from that taken by the sometimes-timorous Christopher. Their quick-response campaign team is headed by Texas lawyer James Baker, a close Bush family friend and another former secretary of state. As Vanity Fair will write, the Bush team “dug in like a pit bull,” issuing frequent press statements that hew to the same line: Bush won the vote on the morning of November 8 (see 2:15 a.m. November 8, 2000 and After 3:30 a.m. November 8, 2000) and therefore is the legitimate president. Any attempts to alter that “fact” amount to “mischief.” Privately, Baker worries that the narrative is untenable, telling his team: “We’re getting killed on ‘count all the votes.’ Who the hell could be against that?” The Gore campaign will ask for manual recounts in four counties, Palm Beach, Broward, Miami-Dade, and Volusia (see November 9, 2000), and the choice of selective recounts, as opposed to asking for statewide recounts, gives Baker the opening he is looking for. [National Journal, 11/9/2000; Tapper, 3/2001; Vanity Fair, 10/2004]

Entity Tags: County of Palm Beach (Florida), Warren Christopher, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, County of Miami-Dade (Florida), Ron Klain, Vanity Fair, Joseph Lieberman, George W. Bush presidential campaign 2000, George W. Bush, County of Volusia (Florida), Nick Baldick, John Ellis (“Jeb”) Bush, James A. Baker, County of Broward (Florida)

Timeline Tags: 2000 Elections

A screenshot from NBC News’s November 19, 2000 ‘Meet the Press’ broadcast, featuring Tim Russert using a whiteboard to illustrate electoral vote tallies.A screenshot from NBC News’s November 19, 2000 ‘Meet the Press’ broadcast, featuring Tim Russert using a whiteboard to illustrate electoral vote tallies. [Source: NBC / Infoimagination (.org)]NBC political commentator Tim Russert recommends that Democratic presidential contender Al Gore either concede the election or wrap up his challege to the reported election results (see Early Morning, November 8, 2000 and After 3:30 a.m. November 8, 2000) to avoid being called “a whiner.” Russert says that the election recounts are a “crisis” that must be resolved as quickly as possible. Gore “can’t extend it to too long, nor can he become a whiner about Florida at some point,” he says, and adds: “If they continue then to file lawsuits and begin to contest various areas of the state, then people will begin to suggest: ‘uh-oh, this is not magnanimous. This is being a sore loser.’ I think the vice president understands that as well.… If it starts dragging into petty politics and we get to Thanksgiving and we still don’t know who our president is, I think the public will not have much patience with the candidate they believe is dragging it out.” The progressive media watchdog Web site Fairness and Accuracy in Reporting (FAIR) will note that polls show strong majorities of Americans favor continuing the recount process if it will ensure the accuracy of the voting results, even weeks into the recount process. FAIR will write, “[M]ost public opinion polls suggest that citizens are taking a much more reasonable approach to the situation than some of the elite media, supporting a process that emphasizes fairness rather than speed.” [Fairness and Accuracy in Reporting, 11/16/2000]

Entity Tags: Albert Arnold (“Al”) Gore, Jr., Tim Russert, NBC News, Fairness and Accuracy in Reporting

Timeline Tags: 2000 Elections, Domestic Propaganda

A surprisingly high number of voters in Palm Beach County, Florida, cast their presidential votes for third-party presidential candidate Patrick Buchanan, and the Gore campaign believes many of these voters intended to vote for Al Gore (see 7:00 a.m. November 7, 2000 and After). The problem lay in Palm Beach’s “butterfly ballot,” designed by Democratic county elections supervisor Theresa LePore, which many voters found confusing (see September 2000). The ballot gave a list of names for offices with corresponding holes to punch, but in the presidential race, Gore’s name lined up more closely with the hole designated for Buchanan, who won 3,407 votes in Palm Beach, over 2,600 more than he won in any other county in Florida. Palm Beach is heavily populated with elderly Jewish voters who were, media reports will say, thrilled to cast their votes for Gore’s Jewish running mate Joe Lieberman; it is doubtful they would have become enthused about Buchanan and his history of anti-Semitism and Holocaust trivialization. Bush spokesman Ari Fleischer attempts to characterize Palm Beach as a “Buchanan stronghold.” But Buchanan readily admits that the Gore campaign is probably correct in saying that many Palm Beach voters intended to vote for Gore and not for him. [Vanity Fair, 10/2004; Leip, 2008] “It does seem to me that those are probably not my votes in those precincts in Palm Beach County,” Buchanan says. “My guess is that I probably got some votes down there that really did not belong to me. I feel—I do not feel well about that. I do not want to take any votes that don’t belong to me.… If the two candidates they pushed were Buchanan and Gore, almost certainly those are Al Gore’s votes, not mine.” Representative Mark Foley (R-FL) says that the Palm Beach voters “may be deranged” in voting for Buchanan, “but they have every right to vote for him” and their votes should not be questioned. Three Palm Beach voters file a lawsuit “seeking a new election claiming the punchcard ballot was so confusing that they accidentally voted” for Buchanan. It is not clear if the Gore campaign or local Democratic Party officials will ask for an actual recount, though some Democratic lawyers call the ballot design “illegal.” [National Journal, 11/9/2000]
Analyses: Ballot Confusion Cost Gore between 6,600 and 13,000 Votes - A subsequent analysis reported by the liberal news site Consortium News later alleges that Gore may have lost as many as 13,000 votes due to the “butterfly ballot.” Some voters say they attempted to vote for Gore, punched the hole for Buchanan by mistake, and attempted to correct the error by punching a second hole for Gore. The voting machines recorded those votes as “overvotes” and discarded them without counting them for either Gore or Buchanan. There may be over 10,000 of these particular overvotes remaining to be counted. 19,120 ballots in Palm Beach were disqualified because of double-voting, or “overvoting.” A sample of 144 ballots will be analyzed by Palm Beach election officials, and the results will show that 80 of those 144 ballots—56 percent—show punches for both Buchanan and Gore. If this sample accurately reflects the state of the remaining overvote ballots, then mathematically, Gore lost some 10,622 votes because of the confusion. Adding the approximately 2,700 votes that were given to Buchanan means that Gore lost some 13,000 votes in Palm Beach. [Consortium News, 11/22/2000] A 2001 investigation by The Nation will find that the “lost” Gore votes in Palm Beach number somewhat less than the Consortium News estimate: some 6,600 votes that likely would have gone to Gore were either not counted or inadvertently given to Buchanan. [Nation, 4/24/2001]

Entity Tags: George W. Bush, Albert Arnold (“Al”) Gore, Jr., Ari Fleischer, County of Palm Beach (Florida), Theresa LePore, Consortium News, The Nation, Mark Foley, Joseph Lieberman, Patrick Buchanan

Timeline Tags: 2000 Elections

By the end of the business day, 64 of Florida’s 67 counties have retallied their machine votes. Presidential candidate George W. Bush (R-TX) leads Vice President Al Gore (D-TN) by 362 votes in an unofficial tally released by the Associated Press. Florida Secretary of State Katherine Harris (see After 3:30 a.m. November 8, 2000 and After) announces that official results from the recount may not be completed until November 14. [Leip, 2008] The Bush campaign’s quick-response team (see After 3:30 a.m. November 8, 2000 and Mid-Morning, November 8, 2000) finds the recount tallies sobering and fears a true manual recount. Led by lawyer James Baker, they decide that the only way to ensure victory for their candidate is to stop all recounts. [Vanity Fair, 10/2004]

Entity Tags: James A. Baker, Albert Arnold (“Al”) Gore, Jr., George W. Bush, George W. Bush presidential campaign 2000, Katherine Harris

Timeline Tags: 2000 Elections

ABC News’s Nightline broadcasts an hour-long analysis of the Florida election recount situation (see Early Morning, November 8, 2000 and November 9, 2000). However, host Ted Koppel interviews three representatives from the Bush presidential campaign (see After 3:30 a.m. November 8, 2000) and none from the Gore campaign, leading to what the progressive media watchdog Web site Fairness and Accuracy in Reporting (FAIR) will later call a slanted report. All three Bush aides call the recount situation a “crisis” that must be resolved immediately (see Evening, November 8, 2000), deride reports of voter manipulation and minority voters denied their right to vote (see November 7, 2000), and accuse the Gore campaign of attempting to steal the election through legal maneuvering. “Koppel did not subject his guests to tough questioning,” FAIR will note. [Fairness and Accuracy in Reporting, 11/16/2000]

Entity Tags: ABC News, Fairness and Accuracy in Reporting, George W. Bush presidential campaign 2000, Al Gore presidential campaign 2000

Timeline Tags: 2000 Elections, Domestic Propaganda

In an editorial, the New York Times sounds a cautionary note about the Florida presidential election, warning both sides to avoid what it calls “scorched earth” solutions. It begins by accusing the Democratic presidential nominee, Vice President Al Gore, of “escalat[ing] the atmosphere of combat surrounding the presidential election results with his decision to go to court in Florida” (see November 10, 2000). The Times acknowledges that “Gore has a right as a private citizen to take his grievances to court. But he and Governor George W. Bush [the Republican candidate and apparent frontrunner] are also political figures seeking the world’s most important leadership position. Part of the test of presidential leadership, it seems to us, is finding a way to resolve electoral matters in the political arena.” The Times calls the Gore campaign’s discussion of potential lawsuits “worrying,” accuses it of a “rush to litigation,” and says the Gore campaign should not be using phrases like “constitutional crisis.” Nor should it talk about “efforts to block or cloud the vote of the Electoral College on December 18” (though Bush campaign advisors have threatened just such efforts—see November 1, 2000 and After). The Times says it agrees with CNN’s Bill Schneider that to challenge the machine tallies in Florida would be to choose a “treacherous path.” The Times acknowledges that reports of voting irregularities (see November 7, 2000, Mid-Morning, November 8, 2000, and November 9, 2000) “need to be taken seriously,” but not so much so as to question the results as already reported. To call for manual recounts or file legal challenges, the Times writes, would “paralyze… the succession process, undermine… the finality of presidential elections, and make… nervous a world that looks to the United States as a model of political stability. Neither the prospect of legal warfare nor Mr. Bush’s rush to put together a transition team is helpful at this point.” [New York Times, 11/10/2000]

Entity Tags: George W. Bush, Al Gore presidential campaign 2000, Albert Arnold (“Al”) Gore, Jr., Bill Schneider, US Electoral College, George W. Bush presidential campaign 2000, New York Times

Timeline Tags: 2000 Elections, Domestic Propaganda

The “quick response” legal team of the Bush presidential campaign, led by former Secretary of State James Baker (see After 3:30 a.m. November 8, 2000 and Mid-Morning, November 8, 2000), asks for a federal injunction to stop hand recounts of ballots in several Florida counties because of what it alleges are equal protection and other constitutional violations (see November 9, 2000). Two days later, US District Judge Donald Middlebrooks rejects the request. Throughout the upcoming weeks, Baker and his team will continue to demand that recounts be blocked, while accusing the Gore campaign of asking for “recount after recount” and saying that the voting machine totals are more accurate than manual (hand) vote tallies. [US District Court, Southern District of Florida, 11/13/2000 pdf file; US News and World Report, 12/13/2000; CNN, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008] The Bush campaign decided after the manual recounts that it must stop all subsequent recounts, but at the same time must pin the blame for “taking the election to court” on the Gore campaign. So even though Baker and his team are the first to file motions in court, and though it is Baker’s team that will contest all recounts from this point onward, Baker and his team will persist in accusing the Gore campaign of trying to have the election decided in court and not by the votes. A 2004 article in Vanity Fair will characterize this attempt as very successful in the mainstream media. [Vanity Fair, 10/2004]

Entity Tags: Donald Middlebrooks, Albert Arnold (“Al”) Gore, Jr., James A. Baker, Al Gore presidential campaign 2000, George W. Bush, Vanity Fair, George W. Bush presidential campaign 2000

Timeline Tags: 2000 Elections

Conservative columnist George Will lambasts the Gore presidential campaign for trying to “steal” the presidential election through unwarranted legal manipulation (see Early Morning, November 8, 2000 and November 9, 2000). Will begins his Washington Post column by comparing the Gore request for recounts to “the blue dress,” a reference to President Clinton’s affair with White House intern Monica Lewinsky, and accuses Democrats of “complaining that the Constitution should not be the controlling legal authority” over elections. Will continues: “The mendacity of Al Gore’s pre-election campaign is pertinent to the post-election chaos. He ran with gale-force economic winds at his back, and with a powerful media bias pulling him along.… Even on election night: by calling Florida for Gore before all Floridians had voted, the networks almost certainly hurt Republican turnout in Florida, and out West” (see 7:50 p.m., November 7, 2000). Will does not mention Fox News’s inaccurate call of Florida for Bush (see 2:15 a.m. November 8, 2000 and November 7-8, 2000). Gore is attempting to steal the election because of his “corrupt… hunger for power” and his “serial mendacity,” Will states, accusing Gore of “desperately seeking lawyering strategies and a friendly court to hand him the presidential election.” He is, Will states, the quintessential liberal, attempting to impose his will “through litigation rather than legislation. Liberalism’s fondness for judicial fiat rather than democratic decision-making explains the entwinement of the Democratic Party and trial lawyers.” Will ridicules reports that the Palm Beach County “butterfly ballot” may have denied Gore votes (see November 9, 2000), and calls Democrats’ questioning of that ballot “sinister.” The claims that Palm Beach voters were confused by the ballot are, Will writes, “baseless.” Will says that the November 17 addition of absentee ballots (see November 18, 2000), with their “large military, hence Republican, component,” will almost certainly lock down the Florida vote for Bush. However, Will writes, “Gore operatives probably will still toil to delegitimize the election. Their actions demolish the presidential pretensions of the dangerous man for whom they do their reckless work.” Will concludes: “All that remains to complete the squalor of Gore’s attempted coup d’etat is some improvisation by Janet Reno, whose last Florida intervention involved a lawless SWAT team seizing a 6-year-old [referring to Cuban-American youngster Elian Gonzales, whom Reno ordered to be sent back to Cuba with his father instead of being allowed to remain in the US with a group of more distant relatives]. She says there is no federal role, but watch for a ‘civil rights’ claim on behalf of some protected minority, or some other conjured pretext. Remember, Reno is, strictly speaking, unbelievable, and these things will continue until these people are gone.” [Washington Post, 11/12/2000] The progressive media watchdog organization Fairness and Accuracy in Reporting (FAIR) will note, “The comment about a ‘protected minority’ seems to be a reference to the complaints of voter fraud and intimidation coming from African-American communities in Florida” (see November 7, 2000). [Fairness and Accuracy in Reporting, 11/16/2000]

Entity Tags: Fairness and Accuracy in Reporting, Al Gore presidential campaign 2000, Albert Arnold (“Al”) Gore, Jr., County of Palm Beach (Florida), George Will, Janet Reno, George W. Bush

Timeline Tags: 2000 Elections

The Bush presidential campaign demands, and receives, a manual recount in New Mexico. Democrat Al Gore had an early, if narrow, lead in the state during the November 7 returns, but a programming error was found that gave Bush a slim lead. New Mexico’s five electoral votes were withdrawn from the Gore column and the state was classified as “too close to call” (see November 10, 2000). Bush picks up 125 votes on the recount of Roosevelt County. Although the Bush campaign and its Republican allies staunchly oppose manual recounts in Florida (see Mid-Morning, November 8, 2000, November 8, 2000, November 9, 2000, November 9, 2000, 11:35 p.m. November 9, 2000, November 11, 2000, November 11-13, 2000, and November 12, 2000), GOP lawyer and national committeeman Mickey Barnett says in a New Mexico court filing that there is, “of course, no other way to determine the accuracy of this apparent discrepancy, or machine malfunction, other than the board reviewing the votes by hand.” Barnett secures a recount of Roosevelt County’s “undervotes” (ballots that supposedly recorded no preference for president), noting that the county recorded 10 percent of its voters as registering no preference. Barnett and the Bush campaign do not ask for manual recounts of much larger undervotes in three largely Democratic counties. In 2010, columnist Eric Alterman will write: “The only conceivable reason why the GOP cared enough about New Mexico’s five electoral votes as late as December 1 was the fear that if it carried Florida by legislative fiat—in defiance of the courts (see 11:45 a.m. November 30, 2000)—it might lose individual electors in other states. New Mexico would have been a cushion against such defections.” Towards the end of the recounts, another error is found that gives Gore a 500-vote advantage. Gore receives New Mexico’s electoral votes. The final tally: 286,783 votes for Gore and 286,417 for Bush, with a difference in favor of Gore of 366 votes. [Leip, 2000; CNN, 11/13/2000; US Constitution (.net), 2010; Center for American Progress, 12/9/2010]

Entity Tags: George W. Bush, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, County of Roosevelt (New Mexico), George W. Bush presidential campaign 2000, Eric Alterman, Mickey Barnett

Timeline Tags: 2000 Elections

Shortly after the presidential vote that resulted in an as-yet-unresolved flurry of recounts and criticisms (see 6:36 p.m. November 15, 2000 and 9:14 p.m., November 15, 2000), two law clerks at the US Supreme Court laugh about the unlikely possibility that the election will end up being resolved in the Court. Could it happen that way? they wonder. And if so, would the Court split 5-4 along ideological lines, with the conservative majority giving Governor George W. Bush (R-TX) the presidency? The idea is preposterous, they decide, no matter what some of their friends and relatives are predicting. Even the most conservative of Court justices, they say, are pragmatic and mindful of the law. Moreover, they tell one another, the Court has always steered clear of sticky political conflicts. And the conservative justices are the most mindful of states’ rights and most devoted to the concept of the Constitution’s “original intent,” including the Founders’ insistance that Congress, not the judiciary, should be the body to resolve close elections. One clerk later tells reporters: “It was just inconceivable to us that the Court would want to lose its credibility in such a patently political way. That would be the end of the Court.” As November moves closer to December and the election fracas continues unresolved, a law professor predicts that Bush’s chances before the Court are “between slim and none, and a lot closer to none.” Over Thanksgiving, the justices and clerks leave Washington for vacation, with only a skeletal staff of a few clerks remaining in town in case of emergencies. Justice Stephen Breyer says over the holiday that there is no way the Court would ever get involved in the election. [Vanity Fair, 10/2004]

Entity Tags: George W. Bush, US Supreme Court, Stephen Breyer

Timeline Tags: 2000 Elections, Civil Liberties

The Florida Supreme Court bars Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), from rejecting all post-deadline recount tallies (see 9:14 p.m., November 15, 2000) as well as certifying George W. Bush (R-TX) as the state’s presidential winner “until further order of this court” (see 10:04 a.m. - 12:45 p.m. November 17, 2000). It sets a hearing for Monday, November 20 to hear arguments on the recount dispute. The Court says flatly, “it is NOT the intent of this order to stop the counting.” [Supreme Court of Florida, 11/17/2000 pdf file; US News and World Report, 12/13/2000; Leip, 2008] Harris is prepared to certify Bush as the winner (see Evening, November 14, 2000), which would give him the electoral votes needed to grant him the presidency (see November 9, 2000). With that no longer a possibility, James Baker, the leader of the Bush “quick response” campaign recount team (see Mid-Morning, November 8, 2000), issues a public threat: the incoming Florida speaker of the House, Republican Tom Feeney, will, if necessary, take matters into his own hands and vote in an independent slate of “electors” who would journey to Washington and vote for Bush in the US Electoral College. Because both houses of the Florida legislature are dominated by Republicans, Feeney could pass just such a bill authorizing that procedure. [Vanity Fair, 10/2004] Bush and his campaign officials harshly denounce the Court’s ruling. Bush accuses the Court of using “the bench to change Florida’s election laws and usurp the authority of Florida’s election officials,” and states that “writing laws is the duty of the legislature; administering laws is the duty of the executive branch.” However, the liberal news Web site Consortium News notes that Bush seems unaware of the duty of the judicial branch, “a fact taught to every American child in grade-school civics class—that it is the duty of the judiciary to interpret the laws. It is also the responsibility of the courts to resolve differences between parties under the law.” [Consortium News, 11/23/2000]

Entity Tags: Tom Feeney, Florida Supreme Court, Katherine Harris, George W. Bush presidential campaign 2000, George W. Bush, James A. Baker, Consortium News, US Electoral College

Timeline Tags: 2000 Elections

Florida’s presidential vote tallies are adjusted, in line with state law, to reflect absentee ballots (see 12:00 a.m., November 17, 2000 and November 15-17, 2000). The slim lead belonging to George W. Bush (R-TX—see Evening, November 14, 2000) expands to 930 votes; Bush picks up 1,380 votes and Vice President Al Gore (D-TN) picks up 750 votes. [US News and World Report, 12/13/2000; Leip, 2008] After the modified vote tallies are announced, Bush campaign officials begin publicly complaining of manual-recount irregularities. [Pittsburgh Post-Gazette, 12/17/2000] Three Florida counties are either engaged in manual recounts or are preparing to recount (see November 17, 2000, 3:40 p.m. November 15, 2000, and 3:00 p.m., November 16, 2000).

Entity Tags: George W. Bush presidential campaign 2000, Albert Arnold (“Al”) Gore, Jr., George W. Bush

Timeline Tags: 2000 Elections

The online news Web site Salon reports that while the Bush campaign opposes the Gore campaign’s requests for manual recounts in four heavily Democratic counties (see Mid-Morning, November 8, 2000, November 8, 2000, November 9, 2000, 11:35 p.m. November 9, 2000, November 10, 2000, November 11-13, 2000, 9:00 a.m. November 13, 2000, 12:00 p.m., November 15, 2000, 10:15 p.m., November 15, 2000, Early Morning, November 16, 2000, 5:00 p.m. November 17, 2000, and 12:36 p.m. November 19, 2000), it quietly accepted voluntary manual recounts from four Florida counties that contributed 185 votes to the Bush tally. According to Salon, in those four counties—Seminole, Polk, Taylor, and Hamilton—elections officials took it upon themselves to manually count ballots that could not be read by machine, so-called “undervotes.” Those recounts are entirely legal. The Seminole recount garnered 98 votes for George W. Bush. Al Gore lost 90 votes in Polk County because the votes had apparently been counted twice. The Taylor recount garnered four votes for Bush. The Hamilton recount garnered 10 votes for Gore. (A similar report by the online news site Consortium News uses different counties—Franklin, Hamilton, Seminole, Washington, Taylor, and Lafayette—to note that Bush has garnered some 418 votes in those counties’ recounts.) Bush campaign spokeswoman Mindy Tucker says that under Florida law, county canvassing boards have the discretion as to whether to inspect uncounted ballots by hand, and says that the Gore campaign’s calls for recounts of undervotes in Miami-Dade County (see November 7, 2000) is another in its attempt to “continually try to change the rules in the middle of the game. The ballots were inspected by hand in some cases but not all, and under Florida law it’s the canvassing board’s decision legally. It’s our belief that these votes have been counted.” Gore spokesman Chris Lehane says the Gore campaign wants the same consideration given to Miami-Dade votes as given to votes in other counties. Moreover, Miami-Dade uses punch-card ballots, which yield far more errors than the “optiscan” balloting systems used in Seminole, Polk, Taylor, and Hamilton. “Keep in mind, punch cards are used in poorer areas,” he says. “Most of these other ballots were optical ones where the reliability was much, much higher. And in poorer areas, you have bad machines or flawed ballots. We think we have a pretty clear and compelling argument.” Senior Bush campaign adviser James Baker says that manually recounting votes in Democratic-leaning counties was comprised of “subjective” attempts to “divine the intent of the voter,” and that hand-counting votes provides “tremendous opportunities for human error and… mischief.” Democrats retort that Baker’s statement is hypocritical, and point to Bush’s gain in Republican-leaning counties as proof of both the accuracy of recounting and the need to count each vote. [Consortium News, 11/19/2000; Salon, 11/28/2000]

Entity Tags: County of Polk (Florida), County of Franklin (Florida), Chris Lehane, Albert Arnold (“Al”) Gore, Jr., County of Hamilton (Florida), County of Miami-Dade (Florida), County of Washington (Florida), James A. Baker, County of Seminole (Florida), County of Taylor (Florida), County of Lafayette (Florida), George W. Bush, George W. Bush presidential campaign 2000, Mindy Tucker

Timeline Tags: 2000 Elections

A photograph of the Republican operatives mobbing the Miami-Dade elections offices. Those identified in the photograph include Thomas Pyle, Garry Malphrus, Rory Cooper, Kevin Smith, Steven Brady, Matt Schlapp, Roger Morse, Duane Gibson, Chuck Royal, and Layna McConkey.A photograph of the Republican operatives mobbing the Miami-Dade elections offices. Those identified in the photograph include Thomas Pyle, Garry Malphrus, Rory Cooper, Kevin Smith, Steven Brady, Matt Schlapp, Roger Morse, Duane Gibson, Chuck Royal, and Layna McConkey. [Source: Pensito Review]Miami-Dade County election officials vote unanimously to halt the county’s manual recount of presidential ballots (see November 7, 2000 and Before 10:00 a.m. November 19, 2000), saying the county does not have enough time to complete its recount by the November 26 deadline. Instead, they vote to recount only 10,750 “undervotes,” ballots that don’t clearly indicate a presidential choice. The decision costs Democratic candidate Al Gore a 157-vote gain from the halted recount process. That evening, a Florida State appeals court denies a motion by Democrats to force Miami-Dade County to restart the manual recount. [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]
Opposing Beliefs - The next day, the Florida Supreme Court will also refuse to order Miami-Dade to restart the recount (see 2:45 p.m. November 23, 2000). Press reports say that the decision “dramatically reverse[s] the chances of Al Gore gathering enough votes to defeat George W. Bush.” Gore’s senior campaign advisor William Daley calls the recounts “mandatory” and calls for “the rule of law” to be upheld. For his part, Bush says: “I believe Secretary Cheney and I won the vote in Florida (see After 3:30 a.m. November 8, 2000). And I believe some are determined to keep counting in an effort to change the legitimate result.” In light of the Miami-Dade decision, the Bush campaign’s chief legal advisor James Baker invites the Republican-controlled Florida Legislature to unilaterally declare Bush the victor, saying, “One should not now be surprised if the Florida legislature seeks to affirm the original rules.”
Agitators Disrupt Recount Proceedings - The recount proceedings are disrupted and ultimately ended by a mob of Republicans, some local and some bussed and flown in from Washington by the Bush campaign. The agitators are protesting outside the Miami-Dade County election offices, shouting and attempting to interfere with the proceedings of the canvassing board. Republicans have accused a Democratic lawyer of stealing a ballot. [Guardian, 11/23/2000; Guardian, 11/25/2000]
Rioters Made Up of Republican Staffers, Others - Democrats accuse Republican protesters of intimidating the Miami-Dade County officials into stopping the recount. Democratic vice-presidential candidate Joe Lieberman says the demonstrations in Miami have been orchestrated by Republicans “to intimidate and to prevent a simple count of votes from going forward.” Six Democratic members of the US Congress demand the Justice Department investigate the claims, saying that civil rights have been violated in “a shocking case of undermining the right to vote through intimidation and threats of violence.” Jenny Backus, a spokeswoman for the Democratic National Committee (DNC), says, “The Republicans are out of control,” and accuses them of using paid agitators to “create mob rule in Miami.” [Guardian, 11/25/2000] Later investigations show that the “spontaneous protests” by Republican protesters were far more orchestrated and violent than generally reported by the press at the time. Investigative journalist Robert Parry will write that the protests, called the “Brooks Brothers Riot” because of the wealthy, “preppie” makeup of the “protesters,” helped stop the recount, “and showed how far Bush’s supporters were ready to go to put their man in the White House.” He will write that the protests should be more accurately termed a riot. At least six of the rioters were paid by the Bush recount committee, payments documented in Bush committee records only released to the IRS in July 2002 (see July 15, 2002). Twelve Republican staffers will later be identified in photographs of the rioters. The six who can be confirmed as being paid are: Bush staffer Matt Schlapp from Austin, Texas; Thomas Pyle, a staff aide to House Majority Whip Tom DeLay (R-TX); DeLay fundraiser Michael Murphy; Garry Malphrus, House majority chief counsel to the House Judiciary Subcommittee on Criminal Justice; Charles Royal, a legislative aide to Representative Jim DeMint (R-SC); and former Republican House staffer Kevin Smith. Another Republican is identified as Doug Heye, a staffer for Representative Richard Pombo (R-CA). At least three of the rioters—Schlapp, Malphrus, and Joel Kaplan—will later join the Bush White House. Many of the rioters were brought in on planes and buses from Washington as early as mid-November, with promises of expenses payments. On November 18, 2000, the Bush campaign told activists, “We now need to send reinforcements” to rush to Florida. “The campaign will pay airfare and hotel expenses for people willing to go.” Many of the respondents are low-level Republican staffers from Congress. “These reinforcements… added an angrier tone to the dueling street protests already underway between supporters of Bush and Gore,” Parry will write. Quoting ABC reporter Jake Tapper, Parry will write, “The new wave of Republican activists injected ‘venom and volatility into an already edgy situation.’” Signifying the tone, before the Miami riot, Brad Blakeman, Bush’s campaign director of advance travel logistics, screamed down a CNN correspondent attempting to interview a Democratic Congressman: “This is the new Republican Party, sir! We’re not going to take it anymore!” [Consortium News, 11/27/2000; Consortium News, 8/5/2002; Vanity Fair, 10/2004] Some of the local protesters are summoned to the Miami-Dade electoral offices by angry broadcasts over radio stations with largely Cuban-American audiences; over these radio stations, listeners hear Bush campaign lawyer Roger Stone, coordinating the radio response, say that the recounts intend to disenfranchise Hispanic voters. Republican operatives coordinate the protests by shouting orders through megaphones. [Consortium News, 11/24/2000; Center for American Progress, 12/9/2010] Cuban-Americans voted heavily for Bush in the November 7 election. [Tapper, 3/2001]
Details of the Riot; Staffers Assaulted and Beaten - After learning that the Miami-Dade County canvassing board was beginning to examine 10,750 disputed ballots that had not previously been counted, US Representative John Sweeney (R-NY) issues the order to “Shut it down!” (Sweeney is coordinating his efforts with a local Cuban congressman who himself is coordinating the Cuban-American mob response.) Brendan Quinn, the executive director of the New York Republican Party, tells some two dozen Republican operatives outside the Miami-Dade County election offices to storm the room on the 19th floor where the canvassing board is meeting. Tapper later writes: “Emotional and angry, they immediately make their way outside the larger room in which the tabulating room is contained. The mass of ‘angry voters’ on the 19th floor swells to maybe 80 people,” including many of the Republican activists from outside Florida, and joined by local protesters. As news organizations videotape the scene, the protesters reach the board offices and begin shouting slogans such as “Stop the count! Stop the fraud!” “Three Blind Mice!” and “Fraud, fraud, fraud!” and banging on doors and walls. The protesters also shout that a thousand potentially violent Cuban-Americans are on the way. Official observers and reporters are unable to force their way through the shouting crowd of Republican operatives and their cohorts. Miami-Dade spokesman Mayco Villafena is physically assaulted, being pushed and shoved by an unknown number of assailants. Security officials, badly outmanned, fear the confrontation will swell into a full-scale riot. Miami-Dade elections supervisor David Leahy orders the recounts stopped, saying, “Until the demonstration stops, nobody can do anything.” (Although board members will later insist that they were not intimidated into stopping, the recounts will never begin again. Leahy will later say: “This was perceived as not being an open and fair process. That weighed heavy on our minds.”) Meanwhile, unaware of the rioting, county Democratic chairman Joe Geller stops at another office in search of a sample ballot. He wants to prove his theory that some voters had intended to vote for Gore, but instead marked an adjoining number indicating no choice. He finds one and leaves the office. Some of the rioters spot Geller with the sample ballot, and one shouts, “This guy’s got a ballot!” Tapper will later write: “The masses swarm around him, yelling, getting in his face, pushing him, grabbing him. ‘Arrest him!’ they cry. ‘Arrest him!’ With the help of a diminutive DNC [Democratic National Committee] aide, Luis Rosero, and the political director of the Miami Gore campaign, Joe Fraga, Geller manages to wrench himself into the elevator.” Rosero stays behind to attempt to talk with a reporter, and instead is kicked and punched by rioters. A woman shoves Rosero into a much larger man in what Tapper will later theorize was an attempt to start a fight between Rosero and the other person. In the building lobby, some 50 Republican protesters and activists swarm Geller, surrounding him. Police escort Geller back to the 19th floor in both an attempt to save him from harm and to ascertain what is happening. The crowd attempts to pull Geller away from the police. Some of the protesters even accost 73-year-old Representative Carrie Meek (D-FL). Democratic operatives decide to leave the area completely. When the mob learns that the recounts have been terminated, they break forth in lusty cheers.
After-Party - After the riots, the Bush campaign pays $35,501.52 for a celebration at Fort Lauderdale’s Hyatt Regency, where the rioters and campaign officials party, enjoy free food and drink, receive congratulatory calls from Bush and Dick Cheney, and are serenaded by Las Vegas crooner Wayne Newton, singing “Danke Schoen,” German for “thank you very much.” Other expenses at the party include lighting, sound system, and even costumes.
Media Reportage - Bush and his campaign officials say little publicly about the riot. Some press outlets report the details behind the riots. The Washington Post later reports that “even as the Bush campaign and the Republicans portray themselves as above the fray,” national Republicans actually had joined in and helped finance the riot. The Wall Street Journal tells readers that Bush offered personal words of encouragement to the rioters after the melee, writing, “The night’s highlight was a conference call from Mr. Bush and running mate Dick Cheney, which included joking reference by both running mates to the incident in Miami, two [Republican] staffers in attendance say.” The Journal also observes that the riot was led by national Republican operatives “on all expense-paid trips, courtesy of the Bush campaign.” And, the Journal will note, the rioters went on to attempt to disrupt the recounts in Broward County, but failed there to stop the proceedings. The Journal will write that “behind the rowdy rallies in South Florida this past weekend was a well-organized effort by Republican operatives to entice supporters to South Florida,” with DeLay’s Capitol Hill office taking charge of the recruitment. No similar effort was made by the Gore campaign, the Journal will note: “This has allowed the Republicans to quickly gain the upper hand, protest-wise.” And the Journal will write that the Bush campaign worked to keep its distance from the riots: “Staffers who joined the effort say there has been an air of mystery to the operation. ‘To tell you the truth, nobody knows who is calling the shots,’ says one aide. Many nights, often very late, a memo is slipped underneath the hotel-room doors outlining coming events.” But soon, media reports begin echoing Bush campaign talking points, which call the “protests” “fitting, proper,” and the fault of the canvassing board: “The board made a series of bad decisions and the reaction to it was inevitable and well justified.” The Bush campaign says the mob attack on the elections office was justified because civil rights leader Jesse Jackson had led peaceful, non-violent protests in favor of the recounts in Miami the day before. The campaign also insists that the protests were spontaneous and made up entirely of local citizens. On November 26, Governor Marc Racicot (R-MT), a Bush campaign spokesman, will tell NBC viewers: “Clearly there are Americans on both sides of these issues reflecting very strong viewpoints. But to suggest that somehow this was a threatening situation, in my view, is hyperbolic rhetoric.”
Effect of the Riot - According to Parry, the riot, broadcast live on CNN and other networks, “marked a turning point in the recount battle. At the time, Bush clung to a lead that had dwindled to several hundred votes and Gore was pressing for recounts (see November 20-21, 2000). The riot in Miami and the prospects of spreading violence were among the arguments later cited by defenders of the 5-to-4 US Supreme Court ruling (see 9:54 p.m. December 12, 2000)… that stopped a statewide Florida recount and handed Bush the presidency. Backed by the $13.8 million war chest, the Bush operation made clear in Miami and in other protests that it was ready to kick up plenty of political dust if it didn’t get its way.” In the hours after the riot, conservative pundits led by Rush Limbaugh will engage in orchestrated assaults on the recount process as fraudulent and an attempt by the Gore campaign to “invent” votes. No one is ever charged with any criminal behaviors as a result of the riot. [Consortium News, 11/24/2000; Washington Post, 11/27/2000; Village Voice, 12/19/2000; Consortium News, 8/5/2002; Vanity Fair, 10/2004; Center for American Progress, 12/9/2010]

Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), rejects a request by Palm Beach County election officials to give them a brief extension on turning in their recount tallies (see 3:00 p.m., November 16, 2000). This morning, Republican lawyers successfully disrupted the recounting for an hour by arguing about the order in which precincts should be handled (see 4:00 a.m. November 26, 2000). The county misses the 5:00 p.m. deadline by less than three hours, and thusly leaves almost 2,000 ballots unrecounted, though officials continue to count the remaining ballots. Harris decides to reject Palm Beach’s request after conferring with Mac Stipanovich, a Florida Republican lobbyist serving as her political “handler” (see Mid-Morning, November 8, 2000). [US News and World Report, 12/13/2000; Vanity Fair, 10/2004; Leip, 2008] Some media reports say that Democrat Al Gore picked up some 46 votes in the Palm Beach recount, though these votes are not added to the tally; Harris dubs Palm Beach’s entire recount null and void. [Guardian, 11/27/2000; Vanity Fair, 10/2004] Steven Meyer, an election observer for the Democratic Party, writes that when the 5:00 deadline arrived, election officials “had reviewed the challenged ballots in all but 51 of the 637 precincts and Gore had received a net gain of 192 votes in the manual recount.” The entire recount is finished by 7:20 p.m., and Gore’s net gain is 215 votes. Meyer learns that though Harris refused to accept the recount votes from Palm Beach County because it missed the deadline, she had accepted recounts from counties where Bush showed slight gains. Meyer writes, “This resulted in the 537 vote ‘official’ lead that the media is reporting.” Of the recount process itself, Meyer writes: “The Republican spin is that all votes have been counted by machine at least twice in every county. The only trouble is the machines don’t read every vote. The counting includes much more than simply reading the dimpled ballots. In our hand recount, we found many, many ballots on which the voter had indicated a preference, but not punched the ballot in the prescribed way. On some ballots, the voter had darkened in the numbers in each race for the candidate he or she wanted. On others, the voter punched out two different numbers, but wrote ‘Mistake’ or something equally as clear, with an arrow pointing to one of the holes. This shows clear intent to cast a vote for one candidate. The tabulating machine records this as an ‘overvote’ because more than one candidate’s number is punched, and the ballot is disqualified in the machine count.” [American Prospect, 12/14/2000]

Entity Tags: County of Palm Beach (Florida), Steven Meyer, Katherine Harris, George W. Bush, Mac Stipanovich, Albert Arnold (“Al”) Gore, Jr.

Timeline Tags: 2000 Elections

Pundit and editor Michael Kelly, recently fired by the New Republic for his continued partisan attacks on the Gore campaign, accuses Democratic presidential candidate Al Gore and his campaign of trying to steal the Florida election, and the presidency, through the courts. Kelley says that Gore’s “theft” is being facilitated by the Democratic Party. Kelly falsely states that most polls show “60 percent to 70 percent” of Americans want Gore to concede immediately (see November 12 - December 10, 2000), and says, again falsely, that Democratic “leaders and elders” are working in “virtual lockstep” to “stand behind their defeated candidate’s unprecedented defiance of democracy’s national edict” (see November 8, 2000, Morning, November 8, 2000, and November 10, 2000). The “Clinton-Gore crowd,” Kelly writes, has “created a crisis that would wreak more destruction than” the Clinton impeachment. “But with these men of fathomless selfishness, there is always more damage to be done. There is always another institution, another principle, another person that must be destroyed—for the greater good of their greater power.” Kelly says that Gore has relentlessy ignored “the results of a fair and full recount that confirmed his loss (see Early Morning, November 8, 2000 and November 9, 2000), and demanded hand recounts only in selected Democratic counties” (see November 9, 2000). Kelly goes on to claim that Gore manipulated the Florida courts to “rewrit[e] Florida election law” to continue the standoff, “and still lost—a third time—to Bush.” When Gore promises to stand by the results of the manual recounts, Kelly says he is “lying” and has no such intentions. Kelly calls into question the Democratic election officials’ figures in Broward County, accusing the two Democratic officials of inventing votes over the objections of the single Republican official. Kelly concludes: “Democrats accuse Republicans of seeking to delegitimize a Gore presidency. Gore seeks more; if he doesn’t get his way he threatens to delegitimize democracy itself. Got to burn that village down.” [Jewish World Review, 11/29/2000; Center for American Progress, 12/9/2010]

Entity Tags: County of Broward (Florida), Albert Arnold (“Al”) Gore, Jr., Michael Kelly, Democratic Party

Timeline Tags: 2000 Elections

David Boies.David Boies. [Source: BBC]The Florida Supreme Court hears arguments from both the Gore and Bush presidential campaigns in Al Gore’s appeal of a ruling that rejected his campaign’s request to mandate recounts in three Florida counties (see 9:00 a.m. November 30, 2000 and After). Bush campaign lawyer Barry Richard argues that there is no “evidence to show that any voter was denied the right to vote” and calls the Gore campaign’s contest “a garden-variety appeal.” Gore lawyer David Boies contends that while time is running out, “the ballots can be counted” before the December 12 deadline for naming electors. In a 4-3 decision, the Court reverses the decisions of Judge N. Saunders Sauls (see 4:43 p.m. December 4, 2000), ordering recounts of “undervotes” in Miami-Dade and Palm Beach counties as well as all other Florida counties that have not yet manually recounted undervotes. “Undervotes” are noted on ballots that were not recorded by voting machines as making a choice for president. The Court also directs the lower court to add 168 votes from Miami-Dade and 215 votes from Palm Beach to Gore’s state totals, narrowing the George W. Bush lead to a mere 154 votes. London’s Guardian observes, “That margin could easily be overturned with a recount of the disputed ballots which mainly came from Democratic precincts in Miami-Dade.” Perhaps 45,000 undervotes statewide remain to be counted. Bush campaign attorney James Baker says the Court’s ruling may “disenfranchise Florida’s votes in the Electoral College.” Congressional Democrats Richard Gephardt (D-MO) and Tom Daschle (D-SD) release a joint statement calling for a “full, fair, and accurate vote count,” and saying there is “more than enough time to count ballots cast but never counted.” Within hours, Bush lawyers ask the US Supreme Court for an emergency stay of the decision, which will be granted (see December 8-9, 2000). [Supreme Court of Florida, 12/8/2000 pdf file; Guardian, 12/9/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008] The Court decision is also seen as something of a repudiation of the Supreme Court’s earlier decision for clarification (see 10:00 a.m. December 1 - 4, 2000). Clerks for the Supreme Court justices are now certain that their Court will decide the presidential election. Justice Antonin Scalia, the most implacable of the conservative justices determined to overturn the Florida high court and give the election to Bush, wants to grant the Bush request for a stay even before receiving the Gore lawyers’ response, a highly unusual request that is not granted. He argues that the manual recounts are in and of themselves illegitimate, and says the recounts will cast “a needless and unjustified cloud” over Bush’s legitimacy. It is essential, he says, to shut down the process immediately. Clerks for both the liberal and conservative justices are amazed, and some appalled, at how bluntly Scalia is pushing what appears to be a partisan agenda. [Vanity Fair, 10/2004]

Entity Tags: David Boies, Barry Richard, Antonin Scalia, Al Gore presidential campaign 2000, County of Palm Beach (Florida), US Supreme Court, Richard Gephardt, The Guardian, N. Saunders Sauls, Tom Daschle, James A. Baker, George W. Bush presidential campaign 2000, Florida Supreme Court, County of Miami-Dade (Florida)

Timeline Tags: 2000 Elections

The Bush campaign seeks stays in the Florida Supreme Court, the Eleventh Circuit Court of Appeals, and the US Supreme Court regarding the acceptance of 43,852 “undervote” recounts in Florida counties. Most importantly, the Bush campaign also asks the US Supreme Court for a writ of certiorari, which would declare its candidate the winner of the Florida presidential election. Both the Florida Supreme Court and Eleventh Appeals Court refuse to issue the stay. Most observers believe that if the recounts are completed and their vote totals tabulated, Democrat Al Gore will win enough votes to win Florida, and thusly become president. Currently Republican George W. Bush has a mere 193-vote lead (see December 7-8, 2000), and recount totals from Miami-Dade County alone are expected to give Gore more than this amount. One example of the problematic situation in Florida is with Duval County, which includes the city of Jacksonville, where claims of massive African-American disenfranchsement and discrimination (see November 7, 2000) have already tainted the balloting. Duval has 4,967 undervotes, but they are mixed in with 291,000 others, all stored in boxes in a vault. The all-Republican electoral board, as seen on national television, has begun examining ballots, but as The Guardian observes, “with such painstaking reluctance to proceed, it amounted to an effective filibuster.” Democratic spokeswoman Jenny Backus tells reporters, “What we’ve heard is that they’re going to try to slow this down by every means they can.” However, the US Supreme Court issues the requested stay and the undervote tabulation stops. The Court does not issue the requested writ of certiorari. [Supreme Court of the United States, 12/8/2000 pdf file; Supreme Court of the United States, 12/9/2000 pdf file; Guardian, 12/10/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008] The divide among the nine US Supreme Court justices is plain. The five conservative justices, led by Antonin Scalia, have since December 4 been circulating memos among themselves and their clerks, bouncing various arguments off one another in what the liberal justices’ clerks feel is an attempt to audition and solidify their arguments in favor of overturning the Florida high court’s decision and giving the presidency to Bush. The four liberal justices, led by John Paul Stevens, have long felt that the Court had no business being involved in the issue, that it was instead up to the Florida judiciary and legislature to settle the matter. Stevens, writing the anticipated dissent for the minority, has to ask the majority for more time to complete his dissent, so eager are they to issue their ruling. When Scalia sees in Stevens’s dissent the line that says, “counting every legally cast vote cannot constitute irreparable harm”—a direct rebuke to Scalia’s earlier argument that the Florida recounts would do “irreparable harm” to a Bush presidency—Scalia inadvertently delays the proceedings to write his own angry rejoinder, which reads in part, “Count first, and rule upon legality afterwards, is not a recipe for producing election results that have the public acceptance democratic stability requires.” Scalia’s nakedly partisan stance discomfits even some of the other conservative justices’ clerks and angers the liberal clerks. “The Court had worked hard to claim a moral high ground, but at that moment he pissed it away,” one later recalls. “And there was a certain amount of glee. He’d made our case for us to the public about how crassly partisan the whole thing was.” After Scalia finishes his rejoinder, the Court issues its stay, stopping all further recounts. Gore himself, unaware of the arguments and partisanship dividing the Court, still holds out hope that one of the conservatives—O’Connor or Anthony Kennedy, perhaps (see After 7:50 p.m. November 7, 2000 and (November 29, 2000))—can be reached. “Please be sure that no one trashes the Court,” he admonishes his staffers. Gore decides to have campaign lawyer David Boies instead of Laurence Tribe argue the campaign’s case in the upcoming arguments, perhaps hoping that Boies, more moderate than the outspokenly liberal Tribe, might win some support from either Kennedy or O’Connor. Boies has also been representing Gore in Florida, and can presumably reassure the justices of the fundamental fairness of what is happening there. The liberal clerks have no such illusions. What hopes they have now are pinned on the press. One has heard a rumor that the Wall Street Journal is preparing to publish a story reporting that O’Connor had been overheard at a dinner party expressing her opposition to a Gore presidency; that report, the clerks hope, might force O’Connor to recuse herself from the decision and tie the court at 4-4. However, O’Connor has no such intention. Gore’s lawyers, aware of O’Connor’s statements, consider asking her to recuse herself, but decide instead to restrain themselves in hopes that she will, according to a 2004 Vanity Fair article, “now lean toward them to prove her fairness.” [Vanity Fair, 10/2004]

Entity Tags: County of Miami-Dade (Florida), Wall Street Journal, County of Duval (Florida), Anthony Kennedy, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, US Supreme Court, The Guardian, John Paul Stevens, Laurence Tribe, George W. Bush presidential campaign 2000, George W. Bush, Sandra Day O’Connor, Florida Supreme Court, Jenny Backus, Antonin Scalia, David Boies

Timeline Tags: 2000 Elections

Florida Judge Terry Lewis orders that Florida counties complete their manual recounts by 2:00 p.m. December 10. Lewis’s ruling comes in the wake of the Florida Supreme Court ordering immediate “undervote” recounts (see December 7-8, 2000). Before Lewis’s deadline can be reached, the US Supreme Court will issue a stay of the Florida high court’s ruling (see December 8-9, 2000), rendering Lewis’s deadline moot. [US News and World Report, 12/13/2000]

Entity Tags: Florida Supreme Court, Terry Lewis, US Supreme Court

Timeline Tags: 2000 Elections

As per a Florida Supreme Court ruling (see December 7-8, 2000), Florida counties begin a statewide manual recount of “undervote” ballots before the US Supreme Court issues a stay halting the recounts (see December 8-9, 2000). [Leip, 2008]

Entity Tags: US Supreme Court, Florida Supreme Court

Timeline Tags: 2000 Elections

An artist’s rendition of the nine Court justices hearing oral arguments in the ‘Bush v. Gore’ case.An artist’s rendition of the nine Court justices hearing oral arguments in the ‘Bush v. Gore’ case. [Source: Authentic History]The US Supreme Court begins hearing oral arguments in the lawsuit Bush v. Gore on the Florida recounts and election results. The Bush campaign has challenged the legality of a Florida Supreme Court ruling mandating the recounting of “undervote” ballots (see December 7-8, 2000). Bush lawyers argue that manual recounts violate the Constitution’s mandate of equal protection. Gore lawyers argue that the overriding issue is the importance of counting each vote cast. By the afternoon, the public is hearing the arguments via audiotapes. Justice Antonin Scalia, one of the Court’s most hardline conservatives, drew criticism when he said in an earlier opinion that the majority of the Court believed that George W. Bush had “a substantial probability of success,” a conclusion disputed by other justices such as John Paul Stevens. Scalia now says that he is inclined to vote in favor of Bush because, he says, “the counting of votes that are of questionable legality does in my view threaten irreparable harm [to Bush]” (see December 8-9, 2000). [Guardian, 12/11/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]
Kennedy Determines that 'Equal Protection' Is Key to Reversing Florida Decision - Al Gore’s lawyers, led by David Boies, believe that one of the Bush team’s arguments is flawed: the idea that the Florida Supreme Court exceeded its bounds restricts one appellate court far more than another appellate court is willing to condone. Unbeknownst to the Gore lawyers, Justice Anthony Kennedy agrees with the Gore team on this issue. Kennedy has no intention of finding in favor of the Gore position, but he does want the other four conservatives on the bench to come together behind the Bush argument that using different standards for ballot evaluation in different counties violates the equal-protection clause of the Constitution, an argument that most of the justices, litigants, and clerks have not considered up until now. As a practical matter, enforcing a single standard of ballot evaluation among the disparate Florida counties would be virtually impossible. And the Court under the leadership of Chief Justice William Rehnquist has, until now, been reluctant to interpret the equal-protection clause except in the narrowest of circumstances. Neither the Bush nor the Gore lawyers had given that argument a lot of attention, but it will prove the linchpin of the Court’s majority decision. As oral arguments proceed, and Kennedy pretends to not understand why this is a federal argument, clerks for the liberal justices find themselves sourly amused at Kennedy’s pretense. “What a joke,” one says to another. When Kennedy cues Bush lawyer Theodore Olson that he is interested in the equal protection clause as an argument—“I thought your point was that the process is being conducted in violation of the equal-protection clause, and it is standardless”—Olson quickly pivots and begins building his case under that rubric. Liberal justices Stephen Breyer and David Souter use the equal-protection argument to suggest that the best and simplest solution is simply to remand the case back to the Florida Supreme Court and ask it to set a uniform standard. Breyer has been working for days to convince Kennedy to join the four liberals in sending the case back to Florida, and for a time during the oral arguments, believes he may have succeeded. The liberal clerks have no such hopes; they believe, correctly, that Kennedy is merely pretending to consider the option. “He probably wanted to think of himself as having wavered,” one clerk later says. A brief private chat with Scalia and his clerks during oral arguments may have swayed Kennedy back into the fold, assuming he is wavering at all.
Demands for Identical Standards among All Florida Counties - Justice Sandra Day O’Connor (see After 7:50 p.m. November 7, 2000 and (November 29, 2000)) rails at Boies over the idea that the 67 counties cannot all have the same standards of ballot evaluation, and shows impatience with Boies’s explanation that for over 80 years, the Florida courts have put the idea of “voter intent” over identical ballot identification standards. [Vanity Fair, 10/2004]

Entity Tags: David Souter, David Boies, Anthony Kennedy, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, William Rehnquist, US Supreme Court, Sandra Day O’Connor, Stephen Breyer, Theodore (“Ted”) Olson, George W. Bush, George W. Bush presidential campaign 2000, John Paul Stevens, Florida Supreme Court, Antonin Scalia

Timeline Tags: 2000 Elections

In a 79-41 vote, the Florida House of Representatives, under Republican leadership, votes to approve 25 electors to the Electoral College (see 12:00 p.m. December 8, 2000) to cast Florida’s votes for George W. Bush (R-TX). Two of the 79 votes cast for the elector naming are Democratic. [US News and World Report, 12/13/2000; Leip, 2008] After the US Supreme Court rules against the recounts and gives the election to Bush, the Legislature abandons the idea of naming an independent slate of electors (see 9:54 p.m. December 12, 2000). [US News and World Report, 12/13/2000]

Entity Tags: George W. Bush, Florida State Legislature, US Supreme Court

Timeline Tags: 2000 Elections

The US Supreme Court issues a ruling in Bush v. Gore (see December 11, 2000) that essentially declares George W. Bush (R-TX) the winner of the Florida presidential election, and thusly the winner of the US presidential election (see Mid-to-Late November 2000). The decision in Bush v. Gore is so complex that the Court orders that it not be used as precedent in future decisions. The 5-4 decision is split along ideological lines, with Justices Sandra Day O’Connor (see After 7:50 p.m. November 7, 2000 and (November 29, 2000)) and Anthony Kennedy, two “moderate conservatives,” casting the deciding votes. In the per curium opinion, the Court finds: “Because it is evident that any recount seeking to meet the Dec. 12 date will be unconstitutional… we reverse the judgment of the Supreme Court of Florida ordering the recount to proceed.… It is obvious that the recount cannot be conducted in compliance with the requirements of equal protection and due process without substantial additional work.” The decision says that the recounts as ordered by the Florida Supreme Court suffer from constitutional problems (see December 7-8, 2000). The opinion states that differing vote-counting standards from county to county and the lack of a single judicial officer to oversee the recount violate the equal-protection clause of the Constitution. The majority opinion effectively precludes Vice President Al Gore from attempting to seek any other recounts on the grounds that a recount could not be completed by December 12, in time to certify a conclusive slate of electors. The Court sends the case back to the Florida Supreme Court “for further proceedings not inconsistent with this opinion.” Four justices issue stinging dissents. Justice John Paul Stevens writes: “One thing… is certain. Although we may never know with complete certainty the identity of the winner of this year’s presidential election, the identity of the loser is perfectly clear. It is the nation’s confidence in the judge as an impartial guardian of the rule of law.” Justice Stephen G. Breyer adds that “in this highly politicized matter, the appearance of a split decision runs the risk of undermining the public’s confidence in the court itself.” [Per Curiam (Bush et al v. Gore et al), 12/12/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]
Drafting Opinions - After oral arguments concluded the day before, Chief Justice William Rehnquist said that if they were to remand the case back to Florida, that order must go out immediately in light of the approaching deadline for certification of results; Stevens quickly wrote a one-paragraph opinion remanding the case back to Florida and circulated it, though with no real hope that it would be adopted. The five conservative justices are determined to reverse the Florida decision. For the rest of the evening and well into the next day, December 12, the justices work on their opinions. Stevens prepares the main dissent, with the other three liberal justices preparing their own concurrences. Stevens and Justice Ruth Bader Ginsburg find no support whatsoever for the equal-protection argument, and say so in their writings. Justices Breyer and David Souter give the idea some weight; Souter says that the idea of uniform standards is a good one, but these standards should be created and imposed by the Florida judiciary or legislature. Stopping the recounts solves nothing, he writes. It soon becomes apparent that neither Kennedy nor O’Connor share Rehnquist’s ideas on the jurisdiction of the Florida court, and will not join him in that argument. Kennedy writes the bulk of the majority opinion; as predicted, his opinion focuses primarily on the equal-protection clause of the Constitution. The liberal justices and clerks find Kennedy’s reasoning that stopping the recounts is the only way to ensure equal protection entirely unconvincing. Anthony Scalia circulates a sealed memo complaining about the tone of some of the dissents, asking that the dissenters not call into question the Court’s credibility. (His memo prompts Ginsburg to remove a footnote from her dissent commenting on Florida’s disenfranchised African-American voters; some of the liberal clerks see the incident as Ginsburg being bullied into compliance by Scalia. Subsequent investigations show that thousands of legitimate African-Americans were indeed disenfranchised—see November 7, 2000.) Kennedy sends a memo accusing the dissenters of “trashing the Court,” and says that the dissenters actually agree with his equal-protection argument far more than they want to admit. When he has a line inserted into his opinion reading, “Eight Justices of the Court agree that there are constitutional problems with the recount ordered by the Florida Supreme Court that demand a remedy,” some of Stevens’s clerks angrily telephone Kennedy’s clerks and accuse them of misrepresenting Stevens’s position. They demand that the line be removed. Kennedy refuses, and Stevens rewrites his opinion so that he is no longer associated with the position. Kennedy is forced to rewrite the statement to say that “seven,” not “eight” justices agree with his position. One of Stevens’s clerks, Eduardo Penalver, tells Kennedy clerk Grant Dixton that what Kennedy had done was disgusting and unprofessional. Breyer and his clerks are also unhappy about Kennedy’s assertion, but take no action. The line prompts many in the media to claim, falsely, that the decision is a 7-2 split and not a 5-4. The main document, a short unsigned opinion halting the recounts, is written by Kennedy. Two portions are particularly notable: Kennedy’s assertion that the ruling applies only to Bush, and not to future decisions; and that the Court had only reluctantly accepted the case. “That infuriated us,” one liberal clerk later recalls. “It was typical Kennedy bullsh_t, aggrandizing the power of the Court while ostensibly wringing his hands about it.” Rehnquist, Scalia, and Justice Clarence Thomas join the decision, though Scalia is unimpressed with Kennedy’s writing and reasoning. Reportedly, he later calls it a “piece of sh_t,” though he will deny making the characterization.
Lack of Consensus - The lack of consensus between the conservative justices is relatively minor. Among the four liberal justices, though, it is quite pronounced—though all four wish not to end the recounts, only Stevens has a strong position and has stayed with it throughout the process. Souter, Ginsburg, and Breyer were far less certain of their opposition, and resultingly, their dissents, unlike the impassioned Stevens dissent, are relatively pallid. Some of the liberal clerks say that the four’s lack of consensus helped the solid conservative majority stay solid: “They gave just enough cover to the five justices and their defenders in the press and academia so that it was impossible to rile up the American people about these five conservative ideologues stealing the election.”
Final Loss - Gore, reading the opinion, finally realizes that he and his campaign never had a chance with the five conservative justices, though they had hoped that either O’Connor or Kennedy would join the four liberals (see (November 29, 2000)). He congratulates his legal team, led by David Boies, and commends it for making it so difficult for the Court to justify its decision. Some reports will circulate that Souter is depressed over the decision, with Newsweek reporting that he later tells a group of Russian judges that the decision was “the most outrageous, indefensible thing” the Court had ever done. He also reportedly says that had he had “one more day,” he could have convinced Kennedy to turn. However, Souter will deny the reports, and those who know him will say that such comments would be out of character for him. For her part, O’Connor will express surprise that anyone could be angry over the decision. As for Scalia, some Court observers believe that his open partisanship during the process will cost him any chance he may have had to be named chief justice. [Vanity Fair, 10/2004]

Entity Tags: David Souter, William Rehnquist, David Boies, Anthony Kennedy, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, US Supreme Court, Stephen Breyer, Ruth Bader Ginsburg, Clarence Thomas, George W. Bush presidential campaign 2000, George W. Bush, Florida Supreme Court, John Paul Stevens, Grant Dixton, Sandra Day O’Connor, Eduardo Penalver

Timeline Tags: 2000 Elections, Civil Liberties

Al Gore giving his concession speech. His running mate, Joe Lieberman, and Gore and Lieberman family members look on.Al Gore giving his concession speech. His running mate, Joe Lieberman, and Gore and Lieberman family members look on. [Source: Authentic History]Vice President Al Gore is out of options after the US Supreme Court halted all Florida recounts (see 9:54 p.m. December 12, 2000). He orders his Florida recount committee to suspend its activities. At 9:00 p.m., Gore, accompanied by his wife Tipper, his vice-presidential running mate Joe Lieberman, and Lieberman’s wife Hadassah, gives a nationally broadcast speech. He tells the nation he accepts George W. Bush as the legitimate 43rd president of the United States. “This is America, and we put country before party,” he tells viewers. For his part, Bush pledges to deliver reconciliation and unity to a divided nation in his acceptance speech, saying “our nation must rise above a house divided.” However, Bush immediately indicates that he will seek to reform Social Security and Medicare, two issues guaranteed to cause division among Americans. [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]

Entity Tags: Hadassah Lieberman, Al Gore presidential campaign 2000, George W. Bush, Joseph Lieberman, US Supreme Court, Albert Arnold (“Al”) Gore, Jr., Mary Elizabeth (“Tipper”) Gore

Timeline Tags: 2000 Elections

George W. Bush taking the oath of office.George W. Bush taking the oath of office. [Source: White House/ Wally McNamara]George W. Bush is inaugurated as president, replacing President Bill Clinton. Bush is sworn in after a tumultuous, sharply disputed election that ended with a US Supreme Court decision in his favor (see 9:54 p.m. December 12, 2000). He takes the oath of office on the same Bible his father, George H.W. Bush, used in his own 1989 inauguration; the oath is administered by Chief Justice William Rehnquist. In his brief inaugural address, delivered outside the US Capitol, Bush asks Americans to “a commitment to principle with a concern for civility.… Civility is not a tactic or a sentiment. It is the determined choice of trust over cynicism, of community over chaos.” In words apparently chosen to reflect on the criticisms surrounding former President Clinton and his notorious affair with White House intern Monica Lewinsky, Bush says, “I will live and lead by these principles—to advance my convictions with civility, to pursue the public interest with courage, to speak for greater justice and compassion, to call for responsibility, and try to live it as well.” He continues addressing the American people, saying: “I ask you to be citizens. Citizens, not spectators. Citizens, not subjects. Responsible citizens, building communities of service and a nation of character.” At a post-ceremonial luncheon, Bush issues a series of executive orders, some designed to block or roll back several Clinton-era regulations. He also acknowledges that because of the election turmoil, many Americans believe “we can’t get anything done… nothing will happen, except for finger-pointing and name-calling and bitterness.” He then says: “I’m here to tell the country that things will get done. Republicans and Democrats will come together to do what’s right for America.” [New York Times, 1/21/2001]
Thousands of Protesters - Thousands of protesters line the streets during Bush’s ceremonial drive to the Capitol, a fact not heavily reported by many press outlets. Salon reports, “Not since Richard Nixon paraded down Pennsylvania Avenue in 1973 has a presidential inauguration drawn so many protesters—and last time, people were out to protest the Vietnam War.” Though Capitol Police refuse to estimate the size of the crowd lining the street, Salon reports that “many thousands of protesters were in evidence.” Liz Butler of the Justice Action Movement, the umbrella organization that helped coordinate the protests, says: “The level of people on the streets shows that people are really upset about lack of democratic process. They took it to the streets. We saw tens of thousands. We saw far more protesting Bush than supporting him.” Some of the people on the streets are Bush supporters, but many more are not, and carry signs such as “Bush Cheated,” “Hail to the Thief,” “Bush—Racism,” “Bushwhacked by the Supremes,” and others. The crowd, though outspoken in its protests and unrestrained in its heckling of Bush and Vice President Dick Cheney, is generally peaceful, and no serious violence is reported, though a few minor altercations do take place, and large contingents of police in riot gear—including personnel from every police department in the District of Columbia as well as the Bureau of Alcohol, Tobacco and Firearms and from departments in Maryland and Virginia—are on hand. At least one protester throws an egg at the limousine transporting Bush, Cheney, and their families to the inaugural ceremonies; perhaps in response to the protests, Bush breaks with tradition laid down by earlier presidents and does not walk any large portion of the parade route. Nine people are arrested for disorderly conduct, most for allegedly throwing bottles and other debris. Bulter says: “Of course, we’re ashamed that Bush has decided to be a ‘uniter’ by uniting people against him. They all chose to come out in the freezing rain—even the weather couldn’t stop these people.” Protester Mary Anne Cummings tells a reporter: “I think it’s important to remind the incoming administration the country does not want a right-wing mandate. They did not vote for a right-wing mandate.” [Salon, 1/20/2001; CNN, 1/20/2001; New York Times, 1/21/2001] Thousands of protesters march in San Francisco, Los Angeles, and other cities as well. [CNN, 1/20/2001]

The cover of Jake Tapper’s book ‘Down and Dirty.’The cover of Jake Tapper’s book ‘Down and Dirty.’ [Source: OpenLibrary (.org)]Salon reporter Jake Tapper publishes his book on the 2000 presidential elections, titled Down and Dirty: The Plot to Steal the Presidency. In it, Tapper observes that the proof of the resiliency of American democracy comes in the fact that George W. Bush ascended to the presidency in a peaceful manner. The events in Florida that determined the Bush “victory,” from the initial dispute over who won the popular vote (see Early Morning, November 8, 2000 and Mid-Morning, November 8, 2000) to the Supreme Court’s decision to award the presidency to Bush (see 9:54 p.m. December 12, 2000), “brought out the ugliest side of every party in American politics,” Tapper writes. “Democrats were capricious, whiny, wimpy, and astoundingly incompetent. Republicans were cruel, presumptuous, indifferent, and disingenuous. Both were hypocritical—appallingly so at times. Both sides lied. Over and over and over. Far too many members of the media were sloppy, lazy, and out of touch. Hired-gun lawyers pursued their task of victory, not justice. The American electoral system was proven to be full of giant holes.” Democratic candidate Al Gore, Tapper writes, came across as “cold,” “ruthless,” duplicitous, and astonishingly out of touch with the electorate. Republican candidate Bush “was a brilliant schmoozer and deft liar” with the “intellectual inquisitiveness of your average fern,” betraying his fundamental ignorance about American government again and again during the campaign. “Both candidates were wanting,” Tapper writes. Of the actual results, Tapper observes: “We will never know who would have won Florida had all the ballots been hand-counted by their respective canvassing boards. Adding to the confusion were thousands of trashed or miscast ballots—including Palm Beach County’s infamous “butterfly ballot” (see November 9, 2000). We will never know who, therefore, truly was the choice of the most Floridians and who, therefore, really earned the state’s critical electoral votes and therefore the presidency.” [Tapper, 3/2001]

Entity Tags: County of Palm Beach (Florida), Albert Arnold (“Al”) Gore, Jr., Jake Tapper, US Supreme Court, George W. Bush

Timeline Tags: 2000 Elections

For 13 years, Texas Republicans have complained that Texas Democrats have “gerrymandered” the state’s electoral district to give Democrats an undue representation in the state’s US House delegation (see 1990 - 1991 and 2000-2002). Now, with Republicans in control of both houses of the state legislature, they decide to redistrict the state to favor Republican representation in Congress. In 2002, Democrats hold a 17-15 edge in US Representatives. The decision is unusual inasmuch as states usually only redraw their district boundaries once a decade, in concurrence with the federal census. Democrats wage a bitter battle against the Republican redistricting efforts, even fleeing the state for a time to prevent the legislature from reaching a quorum (see May 12-15, 2003), but Republicans, led by House Majority Leader Tom DeLay (R-TX), eventually win out, and the Texas legislature enacts a new redistricting plan, Plan 1347C, that concentrates large numbers of Democrats, including minority voters, in a relatively small number of districts and gives Republicans a majority of prospective voters in a much larger number of more sparsely populated districts. In the November 2004 elections, the plan works as envisioned: Republicans have a 21-11 majority in the US Congressional delegation, and obtain a 58 percent to 41 percent edge in statewide voting results. Even before the elections, a number of organizations and individuals file a lawsuit challenging the legality of the redistricting map under the Voting Rights Act (VRA—see August 6, 1965, 1970, 1975, April 22, 1980, and June 29, 1989), charging that the plan unlawfully dilutes racial minority voting strength and is designed to maximize partisan advantage at the voting booths, in essence gerrymandering the state’s electoral districts. A district court finds the redistricting plan is essentially legal, but the Supreme Court vacates that decision and remands the case for reconsideration; the court again finds in favor of the plaintiffs, affirming the map as lawful. [Austin American-Statesman, 5/14/2003; Washington Post, 12/2/2005; FindLaw, 6/28/2006; Oyez (.org), 2012] That decision will be substantially affirmed by the Supreme Court (see June 28, 2006). DeLay says that President Bush, the former governor of Texas, is squarely behind the redistricting efforts. After a Congressional leadership breakfast in May 2003, DeLay says he spoke briefly with Bush: “As I was walking out, I said, you know, that redistricting is ongoing. And he said, ‘Well, good, I’d like to see that happen.’” [Dallas Morning News, 5/14/2003] During the battle over the redistricting, Texas Democrats insist that the new districts will not only illegally protect Republican majorities, but will dilute the impact of votes from outside cities and suburban areas. US Representative Max Sandlin (D-TX) tells a reporter: “This plan doesn’t just destroy Democratic representation… it destroys rural representation. East Texas has had tremendous battles with Dallas over water rights. It is absolutely ridiculous to have a Dallas Congress member represent East Texans concerning water rights. And you can go issue by issue.” Republicans from rural districts say they have no such worries. [Austin American-Statesman, 5/14/2003]

Entity Tags: Tom DeLay, Texas Republican Party, George W. Bush, Max Sandlin, Voting Rights Act of 1965, Texas Democratic Party

Timeline Tags: Civil Liberties

The US Senate refuses to pass an amendment to the Voting Rights Act (VRA—see August 6, 1965, 1970, 1975, April 22, 1980, and June 29, 1989) that would restore voting rights to convicted felons who have completed their sentences throughout the nation. The amendment was strongly opposed by senators from former Confederate states, who voted 18-4 against the measure, and the amendment fails on a floor vote, 63-31. [US Senate, 2/14/2002 pdf file; ProCon, 10/19/2010]

Entity Tags: US Senate

Timeline Tags: Civil Liberties

The state of Florida settles a voter discrimination suit filed by the National Association for the Advancement of Colored People (NAACP) in the wake of allegations of massive and widespread discrimination during the November 2000 elections (see November 7, 2000 and April 24, 2001). The class-action suit charged Database Technologies (DBT), a private firm hired by the Florida government, and Florida Secretary of State Katherine Harris with deliberately attempting to disenfranchise black voters. Florida agrees to provisions that nominally settle the problem, but by 2004 will have implemented virtually none of the corrective procedures mandated by the settlement. Miami-Dade, Broward, Leon, Volusia, and Duval Counties settled earlier rather than face trial. [Center for American Progress, 12/9/2010]

Entity Tags: National Association for the Advancement of Colored People, County of Broward (Florida), County of Duval (Florida), Katherine Harris, County of Leon (Florida), Database Technologies, County of Miami-Dade (Florida), County of Volusia (Florida)

Timeline Tags: 2000 Elections, Civil Liberties

Six lawyers and two analysts at the US Department of Justice (DOJ) conclude, in a classified memo, that the controversial Texas Congressional redistricting plan headed by Representative Tom DeLay (R-TX—see 2002-2004) is illegal. The memo states that the plan violates the Voting Rights Act (VRA—see August 6, 1965, 1970, 1975, April 22, 1980, and June 29, 1989) by illegally diluting African-American and Hispanic voting power in two Congressional districts. The plan also eliminated several other districts that contained substantial minority voting blocs. Texas Republicans knew the plan would likely be found to be discriminatory, the lawyers write in the memo. The memo says that the Texas legislature went ahead with the plan anyway because it would maximize the number of Republicans the state would send to Congress. The memo concludes, “The State of Texas has not met its burden in showing that the proposed Congressional redistricting plan does not have a discriminatory effect.” A concurring opinion written by one of the DOJ lawyers finds: “This result quite plainly indicates a reduction in minority voting strength. The state’s argument that it has increased minority voting strength… simply does not stand up under careful analysis.”
DeLay, Aide Ignored Concerns about Voting Rights Discrimination - One of the senior aides to DeLay, James W. Ellis, is cited in the memo as pushing for the plan despite fears that the DOJ would reject it. According to the memo, Ellis and other DeLay aides forced the adoption of the plan over two other versions adopted by the Texas Legislature that would not have raised as many concerns about voting rights discrimination. The memo quotes Ellis in an October 2003 memo writing: “We need our map, which has been researched and vetted for months. The pre-clearance and political risks are the delegation’s and we are willing to assume those risks, but only with our map.” Later testimony will show that DeLay and Ellis forced last-minute changes in the map; DeLay attended many of the meetings that produced the map, and Ellis worked through the state’s lieutenant governor and a state senator to shepherd the changes that he and DeLay desired. The final changes were not necessary, the memo finds, except to advance partisan political goals.
Findings Overruled - Regardless of the findings, the lawyers and analysts’ judgment is overruled by senior officials at the DOJ, all appointed by the Bush administration. The DOJ’s civil rights division will affirm the plan as legal and valid. The memo is kept secret for almost two years, and the lawyers and analysts involved in the case, including the authors of the memo, are bound to silence under an unusual gag rule. The DOJ is under no legal burden to accept the findings of the memo, but historically, such findings are given great weight in DOJ rulings. Former Justice Department lawyer Mark Posner later says that it is “highly unusual” for the DOJ to overrule a unanimous finding such as this one: “In this kind of situation, where everybody agrees at least on the staff level… that is a very, very strong case. The fact that everybody agreed that there were reductions in minority voting strength, and that they were significant, raises a lot of questions as to why it was” approved. [US Department of Justice, 12/12/2003 pdf file; Washington Post, 12/2/2005] In December 2005, the Washington Post will reveal the existence of the memo (see December 2, 2005). Days after the Post article, Posner will write an article for the prestigious legal Web site FindLaw that will opine that the DOJ memo was ignored for partisan political reasons, and not because of honest differences of opinion between legal experts (see December 5, 2005).

Entity Tags: Texas State Legislature, Civil Rights Division (DOJ), Mark Posner, Voting Rights Act of 1965, James W. Ellis, US Department of Justice, Washington Post, Tom DeLay

Timeline Tags: Civil Liberties

In Cincinnati, Donald and Marian Spencer, elderly African American civil rights activists, go to federal district court to challenge the 1953 Ohio law that permits poll watchers to challenge voters (see 4:00 p.m., October 22, 2004). Critics of the law say it is rooted in a blatantly racist 1886 statute that emerged after the Civil War. The couple is supported in their case by the Democrats. The couple complains that most of the Republican challengers will be deployed in the heavily black precincts in the Cincinnati area in order to suppress minority voters. [Cincinnati Enquirer, 11/1/2004; Los Angeles Times, 11/2/2004] David Maume, a sociologist from the University of Cincinnati, testifies that demographic data show a disproportionate number of Republican challengers would be sent to precincts that are predominantly Africa-American. Maume further explains that perhaps as many as 77 percent of black voters would encounter a challenger on Election Day, compared with 25 percent of white voters. There is “a clear correlation between a voting population that is black and the placement of Republican challengers,” Maume concludes. [Plain Dealer (Cleveland), 10/31/2004] The court resumes hearing on the case Sunday evening (see Evening, October 31, 2004). [Los Angeles Times, 11/2/2004]

Entity Tags: Marian Spencer, David Maume, Donald Spencer

Timeline Tags: Civil Liberties, 2004 Elections

In Cincinnati, Donald and Marian Spencer, go to federal district court to resume their challenge (see October 29, 2004) of a 1953 Ohio law that permits poll watchers to challenge voters (see 4:00 p.m., October 22, 2004). The couple contends that most of the Republican challengers will be working in the heavily black precincts in the Cincinnati area in order to suppress minority voters. The court decides early Monday morning (see 1:24 a.m., November 1, 2004). [Los Angeles Times, 11/2/2004]

Entity Tags: Marian Spencer, Donald Spencer

Timeline Tags: Civil Liberties, 2004 Elections

Jesse Lee Peterson, appearing on a Fox News broadcast.Jesse Lee Peterson, appearing on a Fox News broadcast. [Source: Think Progress]The Reverend Jesse Lee Peterson attacks the Reverend Jesse Jackson for participating in what he calls a liberal conspiracy to “keep black[s] on the plantation of the Democratic Party.” Jackson has caused a media stir by raising questions about the fairness of the voting process in the November presidential elections in Ohio (see October 29, 2004 and Evening, October 31, 2004). Jackson, Peterson says, is part of an organized liberal effort to “keep black Americans angry in order to keep them on the plantation of the Democratic Party.” Peterson also accuses liberals of being the real racists in America, calls allegations that blacks were disenfranchised in the 2000 elections “a lie” (see November 7, 2000, November 7, 2000, November 7, 2000, 11:30 a.m. November 7, 2000, and Early Afternoon, November 7, 2000), and falsely claims that Democratic presidential candidate John Kerry (D-MA) supported reparations for slavery during his campaign. Peterson makes his remarks during an appearance on Fox News’s Hannity & Colmes. Co-host Sean Hannity is a member of BOND’s advisory board, and is quoted on the BOND Web site as calling Peterson “a great American” and “a man of conscience.” The liberal media watchdog organization Media Matters notes that Peterson has often attacked Jackson. Peterson’s organization, the Brotherhood Organization of a New Destiny (BOND), has held a “National Day of Repudiation of Jesse Jackson” for the last five years. In an August 2000 article in the John Birch Society’s New American magazine, Peterson called Jackson a “problem profiteer… who makes millions by exploiting and exacerbating racial tensions.” He wrote a 2003 book entitled Scam: How the Black Leadership Exploits Black America, in which he attacked Jackson, the Reverend Al Sharpton, and other black civil rights leaders. Peterson and BOND have led a boycott of the National Association for the Advancement of Colored People (NAACP), claiming the organization is “a tool of the liberal elite socialist wing of the Democratic Party.” And he is currently suing Jackson for assault and civil rights violations [Media Matters, 11/30/2004] (the case will be settled out of court in 2006 after a jury dismisses all but one charge against Jackson and deadlocks on the remaining charge). [Judicial Watch, 1/27/2006]

Entity Tags: John Birch Society, Al Sharpton, Brotherhood Organization of a New Destiny, Jesse Lee Peterson, John Kerry, Sean Hannity, Jesse Jackson, Media Matters, National Association for the Advancement of Colored People

Timeline Tags: Domestic Propaganda, 2004 Elections

March 2005: Nebraska Lessens Ban on Felon Voting

The Nebraska legislature overturns the state’s lifetime ban on voting by convicted felons, replacing it with a two-year post-sentence ban. Governor Dave Heineman (R-NE) vetoes the bill, but is overridden by the legislature. [American Civil Liberties Union, 2008; ProCon, 10/19/2010]

Entity Tags: Nebraska State Legislature, David Eugene (“Dave”) Heineman

Timeline Tags: Civil Liberties

Iowa Governor Tom Vilsack (D-IA) announces that he will sign an order on July 4 that restores voting rights for all Iowa felons who have completed their prison sentences. Since 1846, Iowa has had what voting rights advocates call one of the most restrictive disenfranchisement laws in the nation (see 1802-1857). Felons should “re-engage” with society, Vilsack says, and restoring their right to vote will help in that process. Some 80,000 Iowans will be affected by the order. Voting rights advocates say that since Iowa and Nebraska (see March 2005) have moved to reinstate voting rights by convicted felons, other states should make similar efforts. Some 4.7 million Americans are ineligible to vote because of criminal convictions, including a half-million war veterans. 1.4 million of these ineligible voters are African-American males. Iowa was one of five states, including Alabama, Florida, Kentucky, and Virginia, that deny the vote to any citizen convicted of a felony or an aggravated misdemeanor. Previously, Iowa required convicted felons who wanted their right to vote reinstated to petition the governor’s office, which would then forward the application to the State Division of Criminal Investigation, which would in turn send the application to the parole board for a recommendation. The process could take up to six months to complete. About 600 ex-felons petitioned for restoration in 2004. After he signs the order, Vilsack says, about 600 felons will be restored to the voting rolls each month. The Iowa Department of Corrections must submit monthly lists of eligible ex-felons to Vilsack’s office. While blacks make up only 2 percent of Iowa’s population, 19 percent of those denied the vote are black, prompting many to say that the law is discriminatory. Catherine Weiss of the Brennan Center for Justice says, “This is a huge victory for voting rights and for civil rights.” Iowa was under tremendous pressure to overturn its ban after Nebraska ended its ban. Weiss says that Nebraska and Iowa were the only two states outside the former Confederate South to maintain such restrictive bans. Ryan King of the Sentencing Project, an organization working to reinstate the right to vote for felons across the nation, says: “The governor’s choice of doing this on July 4 is very symbolic. It’s a celebration of democracy.” Debra Breuklander, a former felon who joins Vilsack at the press conference, says the order goes beyond politics. Breuklander was convicted of conspiracy to distribute methamphetamine and was released from prison in June 2003. She now works as a nurse at a drug treatment center. “I have children that are still in school; I have a grandson that will be going to school,” she says. “Not even to be able to have a say-so in what goes on in the schools was driving me crazy.… If nobody hires you and you don’t feel like you’re a part of anything, all you will do is feel like you may as well go back to what you know, which is the drugs.” [New York Times, 6/18/2005; American Civil Liberties Union, 2008; ProCon, 10/19/2010]

Entity Tags: Ryan King, Catherine Weiss, Tom Vilsack, Debra Breuklander

Timeline Tags: Civil Liberties

John Tanner, the head of the civil rights division’s Voting Rights Section (VRS) in the Justice Department, writes a four-page letter to Nick A. Soulas, a civil prosecutor in Franklin County, Ohio. The letter is a notification that Tanner is ordering the closure of a VRS investigation into the unbalanced distribution of voting machines in Franklin County, which contains the large urban area of Columbus. Complaints had been filed alleging that districts with a predominance of white voters received a disparately larger number of voting machines than districts with a predominance of African-American voters. Although that disparity has been proven, Tanner writes that the disparity does not violate the Voting Rights Act (see August 6, 1965). The letter essentially defends the disparity, arguing that the use of such disparate numbers of machines is acceptable. It also praises the Franklin County Board of Elections for buying approximately 2,100 new voting machines. Sources, including a VRS staffer who left the section in late 2004, will later tell the citizen journalism project ePluribus Media (ePM) that many inside and outside the VRS found the letter “repugnant.” Moreover, they will tell the ePM researchers that the DOJ almost never writes such a letter: when it finishes an investigation it deems unworthy of pursuing, it merely sends a letter informing the involved parties that it is closing the investigation. For Tanner to write and send such a letter is highly unusual. And, Tanner’s is the only signature on the letter. No staff attorneys sign off on the letter. Sources will tell ePM that the lone signature apparently indicates that Tanner was the only person working the investigation. Section chiefs such as Tanner almost never handle investigations. ePM will say that the letter presents what it calls “convoluted excuses for why black voters didn’t have enough machines and white voters did.” [US Department of Justice, Civil Rights Division, 6/29/2005 pdf file; ePluribus Media, 5/7/2007]

Entity Tags: Nick A. Soulas, Civil Rights Division (DOJ), County of Franklin (Ohio), Franklin County Board of Elections (Ohio), John Tanner, Voting Rights Section (DOJ), ePluribus Media, Voting Rights Act of 1965

Timeline Tags: Civil Liberties

Congressional Republicans jump-start the process to renew the 1965 Voting Rights Act (VRA—see August 6, 1965 and June 29, 1989) in what media and political observers believe is an effort to outflank Democrats, who are traditionally the most staunch supporters of the bill. Key portions of the bill are set to expire in 2007, including Section 5, which requires that states, districts, and other locales with a history of racial discrimination in their electoral processes get Justice Department approval before making any changes to voting procedures. Section 5 is intended to ensure that minorities are not disenfranchised due to their race. Observers believe Republicans want to avoid a showdown over the bill in light of the upcoming midterm elections in 2006. In 1982, the Reagan administration fought Congressional Democrats over an expansion of the law, and Republicans want to make sure that scenario does not play itself out again as the midterm elections approach. Republicans also want to reach out to African-American voters, traditionally a strong Democratic voting bloc. Representative John Lewis (D-GA), a veteran of the civil rights struggle, says, “I’m not surprised at all” that Republicans want to renew the VRA and reach out to black voters. “The Republicans are reaching out to the African-American voters.… They want to make a dent with the black electorate, take some of those voters away from the Democratic side.” Lewis intends to insert language into the renewal bill that would invalidate a recent Georgia law requiring photo identification for prospective voters, a requirement he and many others say would discriminate against the poor and the elderly. Representative James Sensenbrenner (R-WI) broke with recent Republican tradition by calling on Congress to renew Section 5 and other portions of the VRA at the NAACP’s annual convention in July. “I am here to tell you publicly what I have told others privately, including the head of the Congressional Black Caucus, Rep. Mel Watt,” Sensenbrenner told the assemblage. “During this Congress we are going to extend the Voting Rights Act. We cannot let discriminatory practices of the past resurface to threaten future gains. The Voting Rights Act must continue to exist—and exist in its current form.” Sensenbrenner said at the convention that House Speaker Dennis Hastert (R-IL) considers renewal of the VRA “high on his list of issues the House will address this Congress.” A representative for Senate Majority Leader Bill Frist (R-TN) says Frist is “fired up” over renewal of Section 5. Only a few months ago, Bush appeals court nominee William Pryor, a Republican from Alabama, called Section 5 “an affront to federalism and an expensive burden that has far outlived its usefulness,” a controversial characterization that Senator Saxby Chambliss (R-GA) and other Republicans defended. In May, Attorney General Alberto Gonzales suggested that the Bush administration is not fully behind reauthorization of Section 5. Political observers say that Democrats intend to use any further Republican opposition to the VRA to claim that Republicans are insensitive to black voters, even as senior Republican strategists like Republican National Committee Chairman Ken Mehlman say they want the party to appeal to that demographic. Mehlman told the NAACP convention in July that Republican leaders had tried over the past 40 years “to benefit politically from racial polarization.” He then said, “We were wrong” to do so. [MSNBC, 10/4/2005]

Entity Tags: James Sensenbrenner, William Pryor, Bill Frist, Alberto R. Gonzales, Dennis Hastert, US Department of Justice, Voting Rights Act of 1965, Saxby Chambliss, John Lewis, Ken Mehlman, US Congress, Mel Watt, Bush administration (43), Reagan administration

Timeline Tags: Civil Liberties

The Washington Post reports that the controversial Texas congressional redistricting plan headed by Representative Tom DeLay (R-TX—see 2002-2004) was found to be illegal by Justice Department lawyers, but their judgment was overruled by senior political appointees at the Department of Justice (DOJ) who approved the plan. The information comes from a previously undisclosed memo written in December 2003 (see December 12, 2003) and provided to the Post by, the Post writes, “a person connected to the case who is critical of the adopted redistricting map.” Six lawyers and two analysts at the DOJ found that the DeLay plan violated the Voting Rights Act (VRA—see August 6, 1965, 1970, 1975, April 22, 1980, and June 29, 1989) by illegally diluting African-American and Hispanic voting power in two Congressional districts. Texas Republicans knew the plan would likely be found to be discriminatory, the lawyers wrote in the memo, but went ahead with the plan anyway because it would maximize the number of Republicans the state would send to Congress. In the 2004 federal elections, Texas sent five additional Republicans to the US House, helping to solidify GOP control of that body. A lawyer for the Texas Democrats and minority groups who are challenging the redistricting in court, J. Gerald Hebert, says of the DOJ memo: “We always felt that the process… wouldn’t be corrupt, but it was.… The staff didn’t see this as a close call or a mixed bag or anything like that. This should have been a very clear-cut case.” DOJ spokesman Eric W. Holland, defending the decision by senior DOJ officials to approve the plan, points to a lower-court decision in the case that affirmed the plan’s legality. “The court ruled that, in fact, the new congressional plan created a sufficient number of safe minority districts given the demographics of the state and the requirements of the law,” he says, and notes that Texas now has three African-Americans in Congress whereas in the years before redistricting, it had only two. Hebert says the DOJ’s approval of the redistricting plan was a critical factor in the court’s decision to affirm the plan. DeLay spokesman Kevin Madden accuses Hebert of engaging in what he calls “nonsensical political babble,” and says the DOJ is correct to have found that the plan has no discriminatory effects. Under both the older plan (see 2000-2002) and the DeLay plan, minority-led districts number 11, but under the DeLay plan, Texas gained two more Congressional districts, both represented by Republicans. Recently, a similar case was reported in which DOJ lawyers found a Georgia redistricting plan to be illegal, but senior political appointees overruled the legal judgment and approved the plan. A court later found the plan to be illegal. [Washington Post, 12/2/2005]

Entity Tags: Kevin Madden, Eric W. Holland, J. Gerald Hebert, US Department of Justice, Voting Rights Act of 1965, Washington Post, Tom DeLay

Timeline Tags: Civil Liberties

Mark Posner, a law professor at American University who served in the civil rights division of the US Department of Justice (DOJ) for 23 years and supervised the DOJ’s “Section 5” reviews under the Voting Rights Act (VRA—see August 6, 1965, 1970, 1975, April 22, 1980, and June 29, 1989) for 10 years, writes an article for the prestigious legal information Web site FindLaw that says the DOJ found the controversial Texas redistricting plan (see 2002-2004) legal for purely partisan political reasons. Posner’s article is spurred by the recent revelation of a 2003 DOJ memo (see December 12, 2003 and December 2, 2005) that found the redistricting plan to be illegal, and the Washington Post’s finding that the memo was rejected by political appointees at the DOJ, who saw to it that the plan was approved by the civil rights division. Posner is more specific than the Post article, writing: “A Republican appointee overrode the staff recommendation and granted approval, allowing the plan to go into effect for the 2004 Congressional elections. In so doing, the official sided with his political party and with one of the most powerful Republicans in Washington.” Posner notes that the Bush administration has defended the decision, claiming that it was merely the result of what he calls “an honest disagreement between the career and political staff about how to apply the law to a complex set of facts.” In spite of the defense, including a statement by the attorney general, Posner writes that “this is not a case of an honest disagreement between lawyers. Rather, there is strong objective evidence that politics prevailed over the requirements of the Voting Rights Act.” The civil rights division of the DOJ is required under the VRA to “pre-clear,” or approve, any redistricting plan that might result in the unwarranted dilution of minority voting strength in particular districts. Texas, as a state with a history of discriminating against its minority citizens, is one of a number of states required to obtain DOJ approval for new redistricting plans. The DOJ has examined some 435,000 election changes since 1965, Posner writes, and thusly must “follow procedures which… ensure that preclearance decisions are based on the law and the facts, and not on extraneous factors. Among other things, these procedures must guard against the temptation that some political appointees can have to decide matters based on what would benefit their political party.” The DOJ career staff play a key role in such procedures, though the assistant attorney general (AAG) for civil rights makes the final decision. Until the Texas redistricting plan, Posner writes, AAGs have generally relied on the opinions and findings of their staff to help them craft a final decision. “When the career staff unanimously recommends that preclearance be denied, the AAG almost never overrides that recommendation and approves the change. On the flip side, the staff’s unanimous preclearance recommendation always results in the change being approved.” But the Texas redistricting approval upended the usual procedure. Despite the unanimous recommendation from the staff that the DOJ block Texas from implementing the plan due to its discriminatory effect, the AAG granted approval to the plan. “The influence of politics is evident,” Posner concludes. The DOJ “significantly and substantially deviated from the decisional practice which, for nearly four decades, has served the department well in enforcing Section 5 in a fair and nonpartisan manner.… [T]he evidence points to a single conclusion: the Justice Department did not serve the interests of minority citizens in this case, but, instead, served the political interests of the Republican Party.” [FindLaw, 12/6/2005]

Entity Tags: Civil Rights Division (DOJ), Texas State Legislature, Voting Rights Act of 1965, Mark Posner

Timeline Tags: Civil Liberties

The Washington Post learns that the Justice Department has barred staff attorneys from offering recommendations in major Voting Rights Act (VRA—see August 6, 1965) cases, a drastic change from the earlier policy, which was designed to insulate such decision from political considerations. The decision comes amid what the Post calls “growing public criticism of Justice Department decisions to approve Republican-engineered plans in Texas (see December 12, 2003, December 2, 2005, and December 5, 2005) and Georgia (see 2005, November 25, 2005, and September 19, 2006) that were found to hurt minority voters by career staff attorneys who analyzed the plans. Political appointees overruled staff findings in both cases.” In the Georgia redistricting case, a staff memo advised rejecting the Georgia plan because it required voters to show photo ID at the polls, a policy that the memo said would disenfranchise some African-American voters. Under the new policy, that recommendation was removed from the memo and was not forwarded to higher officials in the civil rights division (CRD). The DOJ has claimed the August 25 memo was “an early draft,” even though the DOJ gave “preclearance” for the Georgia plan to be adopted on August 26. A federal judge blocked the law’s implementation, calling it a return to Jim Crow-era policies. The policy was adopted by John Tanner, the head of the CRD’s voting rights section (VRS). DOJ spokesperson Eric Holland says, “The opinions and expertise of the career lawyers are valued and respected and continue to be an integral part of the internal deliberation process upon which the department heavily relies when making litigation decisions.” Tanner has recently lambasted the quality of work by the VRS staff, some of whom have been in the section for decades. Some of the staff members boycotted the staff Christmas party because they were too angry to attend, sources within the section say. Experts like Jon Greenbaum, a VRS veteran who now directs the Voting Rights Project at the Lawyers’ Committee for Civil Rights Under Law, says that stopping staff members from making such recommendations is a significant departure and runs the risk of making the process appear more political. “It’s an attempt by the political hierarchy to insulate themselves from any accountability by essentially leaving it up to a chief, who’s there at their whim,” he says. “To me, it shows a fear of dealing with the legal issues in these cases.” Congressional Democrats are critical of the new policy and are joined by Senate Judiciary Committee Chairman Arlen Specter (R-PA), who is considering holding hearings on the Texas redistricting case. Senator Edward Kennedy (D-MA) says, “America deserves better than a civil rights division that puts the political agenda of those in power over the interests of the people its serves.” Attorney General Alberto Gonzales and other DOJ officials have disagreed with the criticism, and asserted that politics play no role in civil rights decisions. Assistant Attorney General William Moschella has recently written to Specter, criticizing the Post’s coverage and claiming that the department is aggressively enforcing a range of civil rights laws. “From fair housing opportunities, equal access to the ballot box, and criminal civil rights prosecutions to desegregation in America’s schools and protection of the rights of the disabled, the division continues its noble mission with vigor,” he wrote. [Washington Post, 12/10/2005]

Entity Tags: Edward M. (“Ted”) Kennedy, Alberto R. Gonzales, Civil Rights Division (DOJ), Washington Post, William E. Moschella, Jon Greenbaum, Eric W. Holland, US Department of Justice, Arlen Specter, John Tanner

Timeline Tags: Civil Liberties

Lynn Westmoreland (R-GA).Lynn Westmoreland (R-GA). [Source: That's My Congress (.com)]The House Republican leadership cancels a vote to renew the 1965 Voting Rights Act (VRA—see August 6, 1965 and June 29, 1989) after a number of House Republicans declare their opposition to renewing key portions of the legislation concerning the requirement of bilingual ballots and continued federal oversight of voting practices in some Southern states. Eight months ago, Congressional Republicans announced they intended to take the lead in renewing the VRA (see October 4, 2005). The press reports that House Speaker Dennis Hastert (R-IL) was taken off-guard by the vehemence of the opposition within his party; he and other senior House Republicans believed that renewal of the VRA was on track. President Bush has said he supports renewing the VRA. In early May, House Republicans and Democrats joined on the steps of the Capitol to announce bipartisan support for the renewal of the law. However, some Southern Republicans argue that the law has served its purpose and is no longer necessary. They are now joined by Republicans from other states who resist providing ballots in languages other than English. Hastert says the Republican leadership “is committed to passing the Voting Rights Act legislation as soon as possible,” while some House Republicans say it is unclear whether the issue will be resolved before the Independence Day recess. Hastert and other House Republican leaders apparently did not anticipate the surge of anti-immigrant sentiment among their colleagues, which fuels the opposition to bilingual ballots. A previous attempt by Senate Republicans to include a provision in the VRA proclaiming English the “national language” failed. Seventy-nine House Republicans, led by Steve King (R-IA), an outspoken opponent of immigration, signed a letter written by King objecting to the VRA’s provision for bilingual ballots in precincts with large Hispanic and Asian populations. The requirement is costly and unnecessary, King wrote, adding, “The multilingual ballot mandate encourages the linguistic division of our nation and contradicts the ‘Melting Pot’ ideal that has made us the most successful multi-ethnic nation on earth.” Lynn Westmoreland (R-GA) says: “A lot of it looks as if these are some old boys from the South who are trying to do away with it. But these old boys are trying to make it constitutional enough that it will withstand the scrutiny of the Supreme Court.” King said in committee, “There is no need to print ballots in any language other than English.” When King’s provision to end multilingual requirements was removed in committee, King and his fellow anti-immigration Republicans publicly withdrew their support for the VRA. Charles Whitlow Norwood (R-GA) says flatly: “What people are really upset about is bilingual ballots. The American people want this to be an English-speaking nation.” House Minority Whip Steny Hoyer (D-MD) says: “Clearly, there are some on the Republican side who object to this legislation, and they forced the leadership’s hand today. House Democrats stand in virtual unanimous support for this important bill.” Mel Watt (D-NC), the chairman of the Congressional Black Caucus, says, “We fear that pulling the bill could send the wrong message about whether the bill enjoys broad bipartisan support and that delaying consideration until after the July 4 recess could give those with partisan intentions space and time to politicize the issue.” Wade Henderson of the Leadership Conference on Civil Rights says in a statement, “We are extremely disappointed that the House did not vote today to renew and restore the Voting Rights Act because a small band of miscreants, at the last moment, hijacked this bipartisan, bicameral bill.” Henderson’s colleague Nancy Zirkin agrees, saying: “The fact of the matter is that you have a small group of members who have hijacked this bill, and many of these individuals represent states that have been in violation for a long time. We believe these individuals do not want the Voting Rights Act reauthorized.” [King, 1/28/2006; New York Times, 6/22/2006; Washington Post, 6/22/2006]
Opposition Letter Written by Far-Right Anti-Immigration Advocate? - Citizen investigators later demonstrate that many portions of the King letter may not have been written by King or his staffers, but by a representative of two far-right anti-immigration groups, NumbersUSA and ProEnglish. Both organizations belong to a network of groups operated by anti-immigration leader John Tanton (see February 2009). The provisions in the King letter were apparently written by K.C. McAlpin, a member of NumbersUSA and the executive director of ProEnglish. The latter group proclaims itself “the nation’s leading advocate of official English,” working “through the courts and in the court of public opinion to defend English’s historic role as the common, unifying language of the United States of America, and to persuade lawmakers to adopt English as the official language at all levels of government.” The investigators will be unable to prove McAlpin’s authorship beyond dispute, but through comparison of the King letter with McAlpin’s written testimony to Congress in November 2005, they find significant conceptual and linguistic similarities. The investigators will posit: “Given that the King letter posted at [the US House Web site, before being removed] was authored by McAlpin on software registered to NumbersUSA, coupled with its striking similarities to McAlpin’s testimony, only one of two possible causes seem plausible. Either King copied his letter from ProEnglish literature almost word for word, and then asked McAlpin, or someone using his computer, to type up a copy to post at the House of Representatives Web site, or McAlpin authored the letter himself. Either way, the letter that 79 Representatives signed to force the cancellation of the renewal of the VRA came from ProEnglish.” [King, 1/28/2006; Duke Falconer, 7/12/2006]

Entity Tags: Nancy Zirkin, John Tanton, George W. Bush, Dennis Hastert, Charles Whitlow Norwood, K.C. McAlpin, Mel Watt, US Supreme Court, Lynn Westmoreland, Wade Henderson, Steny Hoyer, US House of Representatives, ProEnglish (.com), Voting Rights Act of 1965, NumbersUSA, Steve King

Timeline Tags: Civil Liberties

The Supreme Court upholds most of Texas’s far-reaching redistricting plan as engineered by former House Majority Leader Tom DeLay (R-TX—see 2002-2004). The case is League of United Latin American Citizens et al v. Perry et al. The Court rejects one element of the plan, saying that some of the new boundaries fail to protect minority voting rights. Some district boundaries will need to be redrawn, particularly one “oddly shaped” district, District 23, in the Associated Press’s description, that saw the shift of 100,000 Hispanics out of a district represented by a Republican incumbent and into the unusually crafted district. Critics called District 23 the result of illegal gerrymandering, and said it violates the Voting Rights Act (VRA—see August 6, 1965, 1970, 1975, April 22, 1980, and June 29, 1989). Justice Anthony Kennedy, author of the majority opinion, says that under the plan, Hispanics have no chance to elect a candidate of their choosing. Democrats and minority groups have accused Republicans of unconstitutionally redrawing Texas’s electoral districts to ensure that the state’s legislature is controlled by Republicans. In the 2004 elections, the first with the new districts, Republicans took control of Texas’s legislature and four Democratic incumbents lost their seats. The Court upholds the contention that states can redraw district maps when they choose, not just once a decade as claimed by Texas Democrats. In essence, this means that any time a political party takes power in a state legislature, it can redraw maps to suit its purposes. The Constitution mandates the redrawing of state congressional district boundaries once a decade to account for population shifts; the Court says such redrawings can be more frequent if desired. The 2003-2004 redrawing of the Texas district map cost DeLay his position; he has resigned from Congress in the face of money laundering charges in relation to his fundraising activities for legislative candidates. While two other states, Colorado and Georgia, have undertaken similar redistricting efforts, law professor Richard Hasen says he does not believe many more states will move in the same direction. “Some people are predicting a rash of mid-decade redistricting. I am skeptical,” he says. “It would be seen as a power grab in a lot of places.” The 5-4 Court majority is not along ideological lines. While Kennedy, who usually joins the other conservatives, writes the majority opinion, the four liberals of the Court—Justices Stephen Breyer, Ruth Bader Ginsberg, John Paul Stevens, and David Souter—write their own concurrences in conjunction with his opinion. Chief Justice John Roberts dissents, and Justices Samuel Alito and Clarence Thomas join his dissent. Justice Antonin Scalia writes his own dissent. [Associated Press, 6/28/2006; FindLaw, 6/28/2006; Oyez (.org), 2012]

Entity Tags: John G. Roberts, Jr, Associated Press, Antonin Scalia, Anthony Kennedy, David Souter, Voting Rights Act of 1965, Samuel Alito, Tom DeLay, Ruth Bader Ginsberg, Richard L. Hasen, John Paul Stevens, US Supreme Court, Clarence Thomas, Stephen Breyer

Timeline Tags: Civil Liberties

A Washington State district court dismisses the case of Farrakhan v. Gregoire, a 2003 lawsuit which contended that Washington’s felon disenfranchisement laws and restoration policies were discriminatory against racial minorities and thusly violated the Voting Rights Act (VRA—see August 6, 1965, 1970, 1975, April 22, 1980, and June 29, 1989). The court writes that it is “compelled to find that there is discrimination in Washington’s criminal justice system on account of race,” and that such discrimination “clearly hinders the ability of racial minorities to participate effectively in the political process.” Even in the face of its own finding, the court dismisses the case, citing a “remarkable absence of any history of official discrimination” in the state’s electoral procedures and felon disenfranchisement policies. “Washington’s history, or lack thereof, of racial bias in its electoral process and in its decision to enact the felon disenfranchisement provisions, counterbalance the contemporary discriminatory effects that result from the day-to-day functioning of Washington’s criminal justice system,” the court finds. The case will continue in the court system, and the district court’s findings will ultimately be upheld by the Ninth Circuit Court of Appeals, which will cite the state’s lack of “intentional discrimination” (see October 7, 2010). [Brennan Center for Justice, 1/5/2010; Equal Justice Society, 10/14/2010; ProCon, 10/19/2010]

Entity Tags: Voting Rights Act of 1965

Timeline Tags: Civil Liberties

The US House of Representatives overcomes challenges by conservative Republicans and votes overwhelmingly in favor of renewing the 1965 Voting Rights Act (VRA—see August 6, 1965 and June 29, 1989). Congressional Republicans originally voiced strong support for renewing the landmark voting rights legislation (see October 4, 2005) but some 80 House Republicans have worked for weeks to block renewal of the bill over objections to providing bilingual ballots in some areas, and over continued oversight by the Justice Department in areas with a history of racial disenfranchisement and discrimination at the voting booth (see June 22, 2006). The renewal bill, officially entitled the “Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act” after a number of prominent civil rights figures, passes the House on a 390-33 vote. Representative John Lewis (D-GA), an African-American veteran who was beaten by white police officers during the civil rights struggle, gives an impassioned speech on the House floor before the vote is cast. Lewis reminds the House that “I gave blood” to ensure that blacks and other minorities had the right to vote without discrimination. “Some of my colleagues gave their very lives. Yes, we’ve made some progress; we have come a distance. The sad truth is, discrimination still exists. That’s why we still need the Voting Rights Act, and we must not go back to the dark past.” Lewis and other supporters took part in over a dozen House hearings where, according to Lewis, proof of voter discrimination was highlighted. Some conservative lawmakers have argued that such discrimination is a thing of the past, and therefore the VRA is obsolete and need not be renewed. Phil Gingrey (R-GA) is one of those making that argument, telling the House: “A lot has changed in 40-plus years. We should have a law that fits the world in 2006.” Lynn Westmoreland (R-GA) agrees: “Congress is declaring from on high that states with voting problems 40 years ago can simply never be forgiven. That Georgians must eternally wear the scarlet letter because of the actions of their grandparents and great-grandparents.… We have repented and we have reformed.” Westmoreland says many people are “prejudiced” against Southern states. David Scott (D-GA) accuses House Republicans such as Gingrey and Westmoreland of working “to kill the Voting Rights Act” both through opposition and through the attempted addition of a number of unpalatable amendments that would strongly water down the law, such as an amendment by Steve King (R-IA) that would have removed the provision for bilingual ballots and forced naturalized citizens to prove their fluency in English before being allowed to vote. The bill moves to the Senate, where Democrats are urging quick passage and accusing House Republicans of unjustly delaying the bill’s passage. “For two months, we have wasted precious time as the Republican leadership played to its conservative base,” says Senate Minority Leader Harry Reid (D-NV). “There are only 21 legislative days left in this Congress, and the time to act is now.” [New York Times, 7/13/2006; Associated Press, 7/14/2006]

Entity Tags: Steve King, David Scott, Harry Reid, John Lewis, Lynn Westmoreland, Phil Gingrey, US House of Representatives, Voting Rights Act of 1965

Timeline Tags: Civil Liberties

The US Senate votes 98-0 to reauthorize the 1965 Voting Rights Act (VRA—see August 6, 1965 and June 29, 1989). Many Republicans in the House have attempted to thwart the law’s renewal, citing their opposition to providing bilingual ballots in some areas, and over continued oversight by the Justice Department in areas with a history of racial disenfranchisement and discrimination at the voting booth (see June 22, 2006). However, that opposition was overcome by a bipartisan effort when the House voted to reauthorize the law (see July 13, 2006). Democrats and Republicans alike acknowledge that racial discrimination and efforts to disenfranchise minority voters still exist: “Despite the progress [some] states have made in upholding the right to vote, it is clear the problems still exist,” says Senator Barack Obama (D-IL). On the same day that the Senate votes to approve the bill, President Bush, on a visit to the annual NAACP convention, promises to sign the bill into law. One senator voicing his objection to the bill is Saxby Chambliss (R-GA), who says: “Other states with much less impressive minority progress and less impressive minority participation are not covered, while Georgia still is. This seems both unfair as well as unwise.” Chambliss is not joined in his opposition by fellow Republican Senator Lindsey Graham (R-SC), whose home state of South Carolina is, like Georgia, subject to Justice Department oversight for any changes to its voting procedures. “South Carolinians, you have come a long way,” he says. But we, just like every other part of this country, still have a long way to go.” [New York Times, 7/21/2006]

Entity Tags: George W. Bush, Barack Obama, Voting Rights Act of 1965, US Senate, Saxby Chambliss, Lindsey Graham

Timeline Tags: Civil Liberties

President Bush signs the Voting Rights Act (VRA—see August 6, 1965 and June 29, 1989) reauthorization into law. The extension, called the “Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act,” makes the VRA the law until 2031. It also overturns the decision rendered in Reno v. Bossier Parish School Board (see May 12, 1997) by outlawing electoral redistricting for discriminatory purposes, and invalidates the decision rendered in Georgia v. Ashcroft by declaring that Section 5 protects the ability of minorities “to elect their preferred candidates of choice.” [MSNBC, 10/4/2005; White House, 6/27/2006; American Civil Liberties Union, 2012] In October 2005, Congressional Republicans declared that they intended to lead the way towards renewing the VRA, particularly Section 5 (see October 4, 2005). But in June 2006, House Republicans balked at renewing Section 5 and another provision mandating bilingual ballots in many areas (see June 22, 2006). The bill survived a number of attempts to derail or weaken it by those House Republicans (see July 13, 2006), and was upheld 98-0 in the Senate (see July 20, 2006).

Entity Tags: Voting Rights Act of 1965, George W. Bush, US House of Representatives, US Senate

Timeline Tags: Civil Liberties

A poster promoting ‘Hillary: The Movie.’A poster promoting ‘Hillary: The Movie.’ [Source: New York Times]The conservative lobbying group Citizens United (CU—see May 1998 and (May 11, 2004)) releases a film entitled Hillary: The Movie. The film is a lengthy diatribe attacking the character and career of Senator Hillary Clinton (D-NY), a leading candidate for the Democratic presidential nomination. Large portions of the film are comprised of conservative critics launching attacks against the personalities and character of Clinton and her husband, former President Clinton. CU president David Bossie (see May 1998) says he based his film on a documentary, Fahrenheit 9/11, released in 2004 by liberal filmmaker Michael Moore (see August 6, 2004), and calls it “a rigorously researched critical biography” comparable to the material presented on political talk shows such as Meet the Press. [Washington Post, 3/15/2009; Moneyocracy, 2/2012] Bossie intended for the film to be released in late 2007 and impact the 2008 race in the same way that he believes Fahrenheit 9/11 impacted the 2004 race. A cable company made the film, at a cost of $1.2 million, available for free to viewers on “video on demand.” Bossie also scheduled a small theater run for the film, but his primary focus was always cable television and the accompanying television advertisements. Knowing the film will probably run afoul of campaign law, he hired lawyers, first James Bopp Jr. (a former member of the far-right Young Americans for Freedom—YAF—and the former general counsel for the National Right to Life Committee—see November 1980 and After) [New Yorker, 5/21/2012] and later Theodore B. Olson, the former solicitor general under the Bush administration. Olson will later say the film is “a critical biographical assessment” that provides “historical information about the candidate and, perhaps, some measure of entertainment as well.” The New York Times calls it “a scathingly hostile look at Mrs. Clinton” replete with “ripe voice-overs, shadowy re-enactments, and spooky mood music.” The film also contains interviews and material from mainstream media reporters, and interviews with figures such as former CIA agent Gary Aldrich, who wrote a “tell-all” book about the Clinton administration, and with Kathleen Willey, who has claimed that Bill Clinton once made an unwelcome sexual advance towards her. Reviewer Megan Carpentier of Radar Online will trounce the movie, saying that it “scrolls through more than a decade of press clippings and a treasure trove of unflattering pictures in its one-sided romp” and will advise potential viewers to watch it “while inebriated in the manner of your choosing, and only if you don’t pay $10 for the privilege.” [New York Times, 3/5/2009] Bossie claims the movie has nothing to do with the impending primary elections. CU intends to show the movie in a small number of theaters but primarily on “video on demand” cable broadcasts, with accompanying television advertisements. In return for a $1.2 million fee, a cable television consortium has agreed to make the movie freely available to its customers as part of what CU calls its “Election ‘08” series. (CU has another negative documentary on Clinton’s Democratic challenger Barack Obama in the works—see October 28-30, 2008—but apparently has no plans to air any documentaries on Republican candidate John McCain or any other Republican presidential candidates.) However, the Federal Election Commission (FEC) refuses to allow the film to be aired on cable channels, or advertised for theater release, because the FEC considers the film “electioneering” and thus subject to campaign finance law (see March 27, 2002) restrictions. Moreover, the film and its planned distribution are funded by corporate donations. [United States District Court for the District Of Columbia, 1/15/2008; Richard Hasen, 1/15/2008; New Yorker, 5/21/2012] Bossie claims the film takes no position on Clinton’s candidacy, and says that if he had to vote between Hillary Clinton and Barack Obama, he would vote for Clinton. [New York Times, 3/5/2009]
Court Fight - Bopp, CU’s original lawyer, decides to pursue the same general aggressive course that he took in a recent successful Supreme Court campaign finance case, the Wisconsin Right to Life (WRTL) decision (see Mid-2004 and After). The Hillary film was envisioned from the outset to serve multiple purposes: to advance conservative ideology, damage Clinton’s presidential chances (despite Bossie’s claims), and generate profits. Bopp knows that the FEC would likely classify the film as a political advertisement and not a work of journalism or entertainment (see August 6, 2004), and therefore would fall under campaign law restrictions. Before the film is officially released, Bopp takes the film to the FEC for a ruling, and when the FEC, as expected, rules the film to be “electioneering communication” that comes under campaign law restrictions, Bopp files a lawsuit with the Washington, DC, federal district court. The court rules in favor of the FEC judgment, denying CU its request for a preliminary injunction against the FEC’s ruling. The court specifically finds that the WRTL decision does not apply in this case. “[I]f the speech cannot be interpreted as anything other than an appeal to vote for or against a candidate, it will not be considered genuine issue speech even if it does not expressly advocate the candidate’s election or defeat,” the court states. The court also questions CU’s statement that the film “does not focus on legislative issues.… The movie references the election and Senator Clinton’s candidacy, and it takes a position on her character, qualifications, and fitness for office.” Film commentator Dick Morris has said of the film that it will “give people the flavor and an understanding of why she should not be president.” The court rules, “The movie is susceptible of no other interpretation than to inform the electorate that Senator Clinton is unfit for office, that the United States would be a dangerous place in a President Hillary Clinton world, and that viewers should vote against her.” (During arguments, Bopp says that the film is much like what a viewer would see on CBS’s evening news show 60 Minutes, and Judge Royce Lamberth laughs aloud, saying: “You can’t compare this to 60 Minutes. Did you read this transcript?” Other judges find it problematic that one of the film’s central “issues” is its assertion that Clinton is, in Bopp’s words, “a European socialist,” but still claims not to be overtly partisan.) [Mother Jones, 1/13/2008; United States District Court for the District Of Columbia, 1/15/2008; Richard Hasen, 1/15/2008; New Yorker, 5/21/2012]
Supreme Court Appeal - CU appeals the court’s decision directly to the Supreme Court. Bossie soon decides to replace Bopp with Olson, a far more prominent figure in conservative legal circles. Toobin will write: “Ted Olson had argued and won Bush v. Gore (see 9:54 p.m. December 12, 2000), and was rewarded by President Bush with an appointment as solicitor general. Olson had argued before the Supreme Court dozens of times, and he had a great deal of credibility with the justices. He knew how to win.” [Richard Hasen, 1/15/2008; New Yorker, 5/21/2012]
Previous Attempt - In September 2004, Bossie and CU attempted, without success, to release a similar “documentary” supporting President Bush and attacking Democratic presidential candidate John Kerry (D-MA) on television, just weeks before the presidential election. The FEC turned down the group’s request. The FEC did allow the film to be shown in theaters (see September 8, 2004 and September 27-30, 2004).
'Ten-Year Plan' - Bopp will later reveal that the lawsuit is part of what he will call a “10-year plan” to push the boundaries of campaign finance law, and that he urged Bossie and other CU officials to use the documentary as a “test case” for overturning the body of law (see January 25, 2010).

Entity Tags: William Jefferson (“Bill”) Clinton, Kathleen Willey, Megan Carpentier, Theodore (“Ted”) Olson, New York Times, Michael Moore, John McCain, Royce Lamberth, James Bopp, Jr, Dick Morris, Gary Aldrich, Barack Obama, Bush administration (43), Hillary Clinton, Citizens United, David Bossie, Federal Election Commission, Clinton administration

Timeline Tags: Civil Liberties, 2008 Elections

The campaign of US Senate candidate Norm Coleman (R-MN) says that Minnesota’s Secretary of State, Mark Ritchie (D-MN), has displayed partisan behavior on behalf of challenger Al Franken (D-MN) by announcing that his office would consider counting some absentee ballots that were not counted during the initial vote tallies. Approximately 1,000 absentee ballots were not counted in the initial tallies, and Franken’s legal team contends that most of them were wrongly rejected by election judges. The initial election results triggered a recount (see November 6, 2008); Coleman has already implied that efforts are underway to manipulate the vote in favor of Franken (see November 10, 2008), implications previously made by the National Republican Senatorial Committee (see November 11, 2008 and November 12, 2008). Coleman’s lead campaign lawyer Fritz Knaak says that the Franken campaign is engaging in “Florida-like tactics” in the absentee ballot issue (see 9:54 p.m. December 12, 2000). For its part, the Franken campaign is accusing the Coleman campaign of resorting to “baseless charges and innuendo.” Franken’s campaign is attempting to ascertain the names of the voters whose absentee ballots were rejected, with an eye to having them reconsidered. Studies have shown that rejected ballots tend to favor Democrats, leading elections expert Larry Jacobs to observe, “With the voter who tends to pull the lever for Democrats, there’s a little less dexterity.” One voter whose absentee ballot was rejected, Mark Jeranek, says his vote was set aside because he did not sign the envelope into which he placed his ballot. Jeranek voted for Franken, and has received an affidavit from the Franken campaign, which he is considering signing. “I don’t want to be a cause for revolution, but at the same time I want my vote to count,” he says. “It’s kind of neat—at least for a senatorial race—that it really does come down to every individual vote.” [Time, 11/17/2008; Weiner, 2010, pp. xviii]

Entity Tags: Mark Jeranek, Al Franken, Fritz Knaak, Mark Ritchie, Larry Jacobs, Norm Coleman, National Republican Senatorial Committee

Timeline Tags: Civil Liberties, 2008 Elections

The recount process to determine the winner of the US Senate race in Minnesota begins. Incumbent Senator Norm Coleman (R-MN) has a narrow lead over challenger Al Franken (D-MN), who requested the recount as permitted in Minnesota law when the results of a race are so close. The state Canvassing Board met on November 18 to certify the unofficial results, thus allowing the recounts to begin at almost 100 county and city election offices throughout the state. The procedure entails an appointed recount auditor examining each ballot by hand to determine the voter’s intent, monitored by representatives from each candidate’s campaign. Auditors will sort each ballot into the appropriate stacks. According to the 2008 Recount Guide issued by Minnesota Secretary of State Mark Ritchie, “a ballot or vote must not be rejected for a technicality if it is possible to decide what the voter intended, even though the voter may have made a mistake or the ballot is damaged.” Ballots that are in dispute will be sent to the five-member Canvassing Board, which includes Ritchie, two state Supreme Court justices, and two Ramsey County district court judges, who will make final decisions as to the validity of disputed ballots. KARE-TV has reported that as many as 6,000 ballots may have been missed by the optical-scan machines because of improper markings. Ramsey County elections head Joe Mansky says that around 2 percent of ballots are mismarked in each election. If the intention of the voter is clear, he says, those votes will be counted. Law professor David Schultz says the process reminds the observer of the election debacle in Florida during the 2000 presidential election (see 9:54 p.m. December 12, 2000), and notes that Minnesota has a long tradition of not penalizing voters for failing to fill out ballots properly if their intent can be determined. [Minneapolis Star-Tribune, 11/6/2008] The Canvassing Board says it will not make a decision just yet on whether to count disputed absentee ballots. Minnesota Supreme Court Justice G. Barry Anderson, one of the five members of the board, says of the decision to table the absentee ballot issue: “I reference particularly the blizzard of paperwork that we have seen and whether or not there might be some additional time necessary to consider all of it. Is there anything about an additional period of time that will impact the rights of the parties to make election challenges or take other steps under the law?” Franken wants the absentee ballots in dispute to be counted; Franken’s lawyer David Lillehaug tells the board: “These people are real people who did everything right. They wanted to participate in our democracy. They wanted to vote and have their vote counted. Can’t we all agree that they shouldn’t have to start a lawsuit, or have somebody else start a lawsuit before their votes are counted?” Coleman’s attorney Fritz Knaak calls Lillehaug’s arguments “bothersome,” and says the board should not consider and count rejected absentee ballots. [Minnesota Public Radio, 11/18/2008]

Entity Tags: Joe Mansky, David Lillehaug, Al Franken, David Schultz, G. Barry Anderson, Mark Ritchie, Minnesota State Canvassing Board, Fritz Knaak, Norm Coleman

Timeline Tags: Civil Liberties

By a 5-4 vote, the US Supreme Court narrows the provisions of the Voting Rights Act (VRA—see August 6, 1965 and July 27, 2006), ruling in Bartlett v. Strickland that the VRA does not require state governments to draw electoral districts favorable to minority candidates in places where minorities make up less than half the population. The Court rules that race must be considered only in drawing boundaries where a “geographically compact group of minority voters” make up at least 50 percent of a single-member district. Law professor Richard Hasen says that because of the Court’s ruling, 50 percent is now a “magic number.” The decision makes it more difficult for minorities to challenge redistricting efforts that they believe may dilute voting rights after the upcoming 2010 census. Writing for the plurality opinion, Justice Anthony Kennedy writes: “There is an underlying principle of fundamental importance: We must be most cautious before interpreting a statute to require courts to make inquiries based on racial classifications and race-based predictions.” Chief Justice John Roberts and Justice Samuel Alito join with Kennedy’s opinion; Justices Antonin Scalia and Clarence Thomas file a concurring opinion that claims no minorities should ever be able to go to court with complaints about minority vote dilution. The four moderate/liberal justices on the Court dissent. Hasen says that Kennedy’s opinion makes it likely that he will join the Court’s right wing to further limit the VRA in upcoming cases: Hasen says Kennedy seems open to interpreting the VRA “in ever stingier ways.” However, Kennedy also writes: “Racial discrimination and racially polarized voting are not ancient history. Much remains to be done to ensure that citizens of all races have equal opportunity to share and participate in our democratic processes and traditions.” The case hinges on a decision by the North Carolina legislature to enhance minority representation by creating a voting district that crosses county lines; the Court strikes down the district and rejects arguments that the district is needed for North Carolina to comply with the VRA. Instead, Kennedy writes, only districts where minorities made up more than 50 percent are protected under the VRA. Justice David Souter, writing the four-justice dissent, says that such “crossover districts” are sometimes needed to fulfill the goals of the VRA, and that the Court’s finding will “force the states to perpetuate racially concentrated districts, the quintessential manifestations of race consciousness in American politics.” It will require states “to pack black voters” into districts in which minorities make up the majority, Souter writes, “contracting the number of districts where racial minorities are having success in transcending racial divisions.” [New York Times, 3/9/2009; Washington Post, 3/10/2009]

Entity Tags: David Souter, Anthony Kennedy, Clarence Thomas, Voting Rights Act of 1965, Richard L. Hasen, Samuel Alito, John G. Roberts, Jr, US Supreme Court, Antonin Scalia

Timeline Tags: Civil Liberties

In an 8-1 decision, the US Supreme Court refuses to rule against one of the main components of the 1965 Voting Rights Act (VRA—see August 6, 1965 and June 29, 1989). Many conservatives had seen the case as an opportunity for the Court conservatives to either drastically narrow or entirely gut the VRA, and were hopeful of that outcome in light of a recent Court decision narrowing the VRA’s effect on districting (see March 9, 2009). Instead, the Court chooses not to rule on the central tenet of the case of Northwest Austin Municipal Utility District No. 1 v. Holder, which is that the VRA is largely unconstitutional. The case was brought by a Texas utility district that claimed in arguments that the VRA was unconstitutional and unnecessary in a time when the nation has elected a black president. The plaintiff argued that districts and other governmental entities should be allowed to “bail out” from being covered by the VRA. [New York Times, 6/22/2009; New York Times, 6/22/2009] Many observers were concerned that the conservative wing of the Court would use the case to overturn large portions of the VRA, especially in earlier questioning, when Justice Anthony Kennedy said: “Congress has made a finding that the sovereignty of Georgia is less than the sovereign dignity of Ohio. The sovereignty of Alabama is less than the sovereign dignity of Michigan. And the governments in one are to be trusted less than the governments in the other.… No one questions the validity, the urgency, the essentiality of the Voting Rights Act. The question is whether or not it should be continued with this differentiation between the states. And that is for Congress to show.” [New York Times, 4/29/2009] Chief Justice John Roberts, writing the majority opinion, says that the Court should avoid tackling large constitutional questions when it can. “We are now a very different nation” than the one that first passed the Voting Rights Act, he writes. “Whether conditions continue to justify such legislation is a difficult constitutional question we do not answer today.” Roberts’s opinion says that “a broader reading” of the VRA’s bailout provision should be implemented. Moreover, he writes, the federal oversight of states and areas with a history of discrimination may have served its purpose and may need to be phased out, a position supported by the lone dissenter, Justice Clarence Thomas, who writes that the oversight provision of Section 5 of the VRA should be overturned entirely. It is possible that others will take advantage of the Court’s hesitation to file other “opt out” or “bailout” challenges to the VRA. Some legal experts found the basis of the case to be lacking. Ellen Katz, a law professor at the University of Michigan, calls the Court’s ruling “improbable,” and Richard Hasen of Loyola Law School says “virtually no lawyer” sees the Court’s interpretation as reasonable. NAACP lawyer Debo P. Adegbile says that regardless of questions surrounding the Court’s verdict, the ruling is one to celebrate: “This case was brought to tear the heart out of the Voting Rights Act, and today that effort failed.” [New York Times, 6/22/2009]

Entity Tags: US Supreme Court, Richard L. Hasen, Ellen Katz, Debo P. Adegbile, Anthony Kennedy, Clarence Thomas, John G. Roberts, Jr, Voting Rights Act of 1965

Timeline Tags: Civil Liberties

The New York Times calls today’s ruling in the Citizens United case (see January 21, 2010) “disastrous,” saying that “the Supreme Court has thrust politics back to the robber-baron era of the 19th century.” The Court has used the excuse of the First Amendment (see January 21, 2010) to “pave… the way for corporations to use their vast treasuries to overwhelm elections and intimidate elected officials into doing their bidding.” The Times recommends that Congress should “act immediately to limit the damage of this radical decision, which strikes at the heart of democracy.” In essence, the Times writes, lobbyists for corporate, labor, and special interests now have the power to sway elections in the directions they prefer. And the ruling gives those same interests the power to intimidate and even coerce candidates. “If a member of Congress tries to stand up to a wealthy special interest,” the Times writes, “its lobbyists can credibly threaten: We’ll spend whatever it takes to defeat you.” The Times notes that since the inception of the nation, its founders have “warned about the dangers of corporate influence. The Constitution they wrote mentions many things and assigns them rights and protections—the people, militias, the press, religions. But it does not mention corporations.” Corporate money has been banned from elections since 1907 (see 1907), and that ban has been in place, in one form or another (see June 25, 1910, 1925, 1935, 1940, June 25, 1943, June 23, 1947, March 11, 1957, February 7, 1972, 1974, May 11, 1976, January 30, 1976, January 8, 1980, March 27, 1990, March 27, 2002, and December 10, 2003), until today. The Times accuses the Court of “overreach[ing],” using “a case involving a narrower, technical question involving the broadcast of a movie that attacked Hillary Clinton during the 2008 campaign (see January 10-16, 2008). The Court elevated that case to a forum for striking down the entire ban on corporate spending and then rushed the process of hearing the case at breakneck speed. It gave lawyers a month to prepare briefs on an issue of enormous complexity (see June 29, 2009), and it scheduled arguments during its vacation” (see September 9, 2009). The Times says the ruling is “deeply wrong on the law,” particularly in declaring corporations as equivalent to people, with the same First Amendment rights. “It is an odd claim since companies are creations of the state that exist to make money. They are given special privileges, including different tax rates, to do just that. It was a fundamental misreading of the Constitution to say that these artificial legal constructs have the same right to spend money on politics as ordinary Americans have to speak out in support of a candidate.” And the Times derides the statement in the Court’s majority opinion that says independent corporate expenditures “do not give rise to corruption or the appearance of corruption,” citing Senator John McCain (R-AZ)‘s characterization of the Court’s reasoning as being plagued by “extreme naivete.” The Citizens United case is, the Times writes, “likely to be viewed as a shameful bookend to Bush v. Gore (see 9:54 p.m. December 12, 2000). With one 5-to-4 decision, the Court’s conservative majority stopped valid votes from being counted to ensure the election of a conservative president. Now a similar conservative majority has distorted the political system to ensure that Republican candidates will be at an enormous advantage in future elections.” The only two ways to rectify the situation, the Times concludes, are to overturn the ruling via Congressional legislation and have a future Court—with a different makeup—overturn the decision itself. [New York Times, 1/21/2010]

Entity Tags: John McCain, Hillary Clinton, US Congress, New York Times, US Supreme Court

Timeline Tags: Civil Liberties

Former Governor Sarah Palin speaks at the National Tea Party Convention in Nashville.Former Governor Sarah Palin speaks at the National Tea Party Convention in Nashville. [Source: Cleveland Plain Dealer]Tea Party Nation (TPN), one of the national “umbrella” organizations that coordinate and promote local tea party events and groups (see August 24, 2010), holds a two-day Tea Party Convention in Nashvillle, Tennessee. Around 600 people attend, with another 500 or so attending only the speech given by former Alaska Governor Sarah Palin, who ran for vice president in 2008. “America is ready for another revolution,” she tells the crowd. In a statement addressed at President Obama, she says the tea party movement is “about the people, and it’s bigger than any one king or queen of a tea party, and it’s a lot bigger than any charismatic guy with a teleprompter.” A Harvard Crimson report describes TPN as an “eclectic mix of Ron Paul libertarians” and “George W. Bush social conservatives” who are “predominantly white and above age 50” and have a common “dislike of President Obama, the debt, future tax increases, and the bank bailout.” Some critics accuse TPN of profiteering from the convention; tickets cost $549 ($349 to just hear Palin’s speech), and Palin receives a $100,000 speaker’s fee, which she claims “will go right back to the cause.” Some prominent lawmakers, including Michele Bachmann (R-MN) and Marsha Blackburn (R-TN), canceled their planned appearances at the event, saying that their appearance at such an event would conflict with House rules. [National Tea Party Convention, 2/2010; The Week, 2/4/2010; Beth Rowen, 2/9/2010]
Incendiary Rhetoric Opens Event - Speakers include Fox News contributor Angela McGlowan, WorldNetDaily founder Joseph Farah, and Rick Scarborough, an author who writes of the impending tyranny of “activist” judges. Some of the topics discussed during the convention include: “Correlations between the current Administration and Marxist Dictators of Latin America”; “5 Easy Fixes to the High Cost of Mass Immigration”; “Defeating Liberalism via the Primary Process”; and “Why Christians Must Engage.” The first speaker is former Representative Tom Tancredo (R-CO), who insults minority citizens and rails against the Obama administration. Tancredo says “illiterate” minority voters are responsible for putting Obama, “a committed socialist,” into office, and he goes on to say that perhaps literacy tests (see 1896 and June 8, 1959) and poll taxes (see February 4, 1964) should be reintroduced to ensure that candidates such as Obama never be elected again (see August 6, 1965). Tancredo says that the voters who put Obama into the White House “could not even spell the word ‘vote,’ or say it in English.” Tancredo goes on to say: “The president and his left-wing allies in Congress are going to look at every opportunity to destroy the Constitution before we have a chance to save it. So put your running shoes on. Because I’ll tell you, I’ve heard we need a revolution. My friends, we already had it. We lost. I mean, what happened to us in that last election was a revolution.… This is our country. Let’s take it back.” Hilary Shelton of the NAACP later calls Tancredo’s remarks “the politics of denigration.” [National Tea Party Convention, 2/2010; The Week, 2/4/2010; Chattahbox, 2/5/2010]
Rival Tea Parties Boycott Event - A number of rival tea party organizations and leaders asked tea party members to boycott the convention. One of those, organizer Shane Brooks, recently left TPN after deciding that the organization was too cozy with the national Republican Party. In a YouTube video, Brooks asked tea partiers to “boycott the National Tea Party Convention” and said: “[W]e will not allow Tea Party Nation or any group to achieve national leadership of this historic grassroots revolution by the people!… We must not allow the tea parties and other patriotic grassroots movement to be hijacked by the GOP.” Prominent Seattle tea party leader Keli Carender (see February 16-17, 2009) also decided not to attend after being listed as a convention speaker, telling an NPR reporter that she did not want the tea party movement to become too centralized. Mark Meckler of the Tea Party Patriots said that the $549 convention attendance fee was far too high: “Most people in our movement can’t afford anything like that. So it’s really not aimed at the average grassroots person.” TPN founder Judson Phillips told a reporter that the high fees would allow TPN to make a profit and “funnel money back into conservative causes” through a 527 group it plans to set up. TPN leaders refused to discuss Palin’s speaking fee. A local tea party member said skeptically, “The tea party movement is a grass-roots movement; it’s not a business.” Another accused Phillips of being “someone who is trying to make a grab.” Others echo Brooks’s concerns that Phillips and TPN are attempting to “co-opt” the movement and become power brokers within the GOP. The Tea Party Express, an organization run by a small group of well-financed Republican consultants, is part of the convention, dismaying some more independent tea party leaders. One activist wrote in an online comment: “The tea party movement is about to be hijacked. TeaPartyNation.com organizers are hard lined GOP who use the proverbial veil of ‘conservatism’ to attract supporters.” RedState blogger Erick Erickson called the convention “scammy.” [TPM Muckraker, 1/11/2010; TPM Muckraker, 1/18/2010; Publicola, 2/3/2010]

Entity Tags: Rick Scarborough, Michele Bachmann, Shane Brooks, Sarah Palin, Marsha Blackburn, Tea Party Express, Tom Tancredo, Tea Party Nation, Mark Meckler, Republican Party, Judson Phillips, Angela McGlowan, Barack Obama, Keli Carender, Joseph Farah, Hilary Shelton, Erick Erickson

Timeline Tags: Domestic Propaganda

The Ninth Circuit Court of Appeals rules 11-0 that Washington State’s felon disenfranchisement law does not violate the Voting Rights Act (VRA—see August 6, 1965, 1970, 1975, April 22, 1980, and June 29, 1989). The case, Farrakhan v. Gregoire, has been in the court system for seven years (see July 7, 2006), and an appeals court panel found by a 2-1 vote that the felon disenfranchisement law did indeed violate the VRA by racially discriminating against voters. The appeals court finds that Washington committed no “intentional disenfranchisement” in its denial of the right to vote to convicted felons, and writes: “Because plaintiffs presented no evidence of intentional discrimination in the operation of Washington’s criminal justice system and argue no other theory under which a section 2 challenge might be sustained, we conclude that they didn’t meet their burden of showing a violation of the VRA. Accordingly, the district court didn’t err when it granted summary judgment against them.” [Brennan Center for Justice, 1/5/2010; Equal Justice Society, 10/14/2010; ProCon, 10/19/2010]

Entity Tags: Voting Rights Act of 1965

Timeline Tags: Civil Liberties

Governor Rick Scott (R-FL) withdraws a request to have the federal government approve two new Florida redistricting amendments. Under the Voting Rights Act (VRA—see August 6, 1965 and June 29, 1989), the Justice Department (DOJ) must approve any redistricting changes made by Florida to make sure they do not diminish minority voting access. Amendments 5 and 6 were approved by 63 percent of Florida voters in November 2010, the same election that awarded Scott the governorship. The amendments impose new standards for legislators to follow for redistricting in 2012. Then-acting Secretary of State Dawn Roberts submitted the new standards to the DOJ for approval. Scott does not explain his withdrawal, but media reports speculate that he is working with Florida Republicans, who have challenged the new amendments in court. Scott replaced Roberts with former Secretary of State Kurt Browning, the head of Protect Your Vote, an organization which led the opposition to Amendments 5 and 6. Scott only says: “One of the things that we’re looking at is the amendments that were passed, how they’re going to be implemented. We want to make sure that with regard to redistricting, it’s fair, it’s the right way of doing it. So it’s something I’m clearly focused on.” Of Browning, he says, “My agents will do everything we can to make sure it’s fairly done.” The Florida Department of State denies any involvement by Browning in the decision to withdraw the request. Scott’s spokesman Brian Hughes says, “This withdrawal in no way impedes the process of redrawing Florida’s legislative and Congressional districts.” Florida Democrats say Scott is attempting to delay or block implementation of the amendments. Fair Districts Now, the organization that proposed the amendments, issues a statement accusing Scott of trying to subvert the will of the people. It says: “Within its first days in power, the new administration of Governor Rick Scott, through its Department of State, took extraordinary steps to thwart the will of the overwhelming majority of Florida voters who voted for redistricting reform in Florida. On, November 2, 63 percent of Florida voters amended the Florida Constitution to include new non-partisan redistricting standards. When new laws affect voting as these do, the Voting Rights Act requires that the standards be reviewed and ‘pre-cleared’ by the Justice Department (DOJ). It is the duty of the state to request DOJ pre-clearance. Governor Crist ordered that a formal request for pre-clearance be filed. The Florida secretary of state’s office filed that request on December 10, 2010. On January 7, 2011, as one of its first acts, the new administration of Governor Rick Scott, through its Department of State, in an apparent attempt to thwart the will of the voters, wrote to DOJ withdrawing the amendments from review.” Fair Districts Now may sue Florida to have the new standards reviewed by the DOJ. Senate Democratic Leader Nan Rich says Scott should follow the “will of the voters,” and adds: “The governor got elected with 48 percent and he calls that a mandate. I think that the amendment passing with 63 percent is definitely a mandate.” NAACP board member Leon Russell, who supports the two amendments, says Scott is abusing his power “to prevent implementation of these needed reforms.” Regardless of what is and is not done, the redistricting plans will have to receive “pre-clearance” under the VRA before being implemented. Scott does not inform the media of his withdrawal, and reporters do not learn of it until almost the end of January. Scott makes the withdrawal three days after being sworn in as governor. [Miami Herald, 1/25/2011; The Ledger, 1/25/2011; Florida Independent, 1/25/2011]

Entity Tags: Leon Russell, Dawn Roberts, Charles Joseph (“Charlie”) Crist, Jr, Brian Hughes, Fair Districts Now, Kurt Browning, Protect Your Vote, Rick Scott, US Department of Justice, Voting Rights Act of 1965, Nan Rich, Florida Department of State

Timeline Tags: Civil Liberties

The media reports that Virginia “Ginni” Thomas, a former Republican campaign operative and the former head of a tea party organization, has become the head of a lobbying and political consulting firm, Liberty Consulting. The firm boasts that Thomas’s “experience and connections” will assist clients with “governmental affairs efforts” and political donation strategies. Critics say Thomas is in the midst of an enormous conflict of interest, because her husband, Clarence Thomas, is a Supreme Court justice. She left the tea party group in November 2009 because of questions that her leadership of the group, Liberty Central, which actively worked to defeat Democrats, was not appropriate for the wife of a sitting Court justice. Thomas has met with almost half of the 99 Republican freshmen in the House and Senate, according to an email she sent out to congressional chiefs of staff last week in which she called herself “a self-appointed ambassador to the freshmen class and an ambassador to the tea party movement.” Ann Pearson of the government watchdog organization Common Cause says that Thomas’s position at a lobbying and consulting firm “show[s] a new level of arrogance of just not caring that the Court is being politicized and how that undermines the historic image of the Supreme Court as being above the political fray.… It raises additional questions about whether Justice Thomas can be unbiased and appear to be unbiased in cases dealing with the repeal of the health care reform law or corporate political spending when his wife is working to elect members of the tea party and also advocating for their policies.” Some Republican lawmakers are uncomfortable with Thomas’s new position, with one senior House Republican aide criticizing Thomas for attempting to “cash in” on her ties to the tea party movement. Republican House freshman David Schweikert (R-AZ), who won his election in part because of support from tea party groups and was endorsed by Liberty Central, says he has not met Thomas and knows nothing of her background. “This is the spouse of Justice Thomas?” he says when asked about the situation by a reporter. “No, I’ve never met her. It’s not something I’ve heard about. And I hang out with a lot of freshman.” So far, only one Republican freshman will publicly admit to scheduling a meeting with Thomas. Thomas used to be an aide to former House Majority Leader Dick Armey (R-TX), who until recently headed the tea party financing organization FreedomWorks (see August 14, 2009). She has also worked as a staffer at the US Chamber of Commerce, a trade organization that contributes heavily to Republican causes (see January 21-22, 2010), and at the conservative Heritage Foundation. In 2009 she founded Liberty Central, which she described as a group that would bridge the gap between the conservative Republican establishment and the anti-government tea party movement. She eventually stepped down after questions were raised about her position’s impact on her husband’s appearance of impartiality, and the group was merged into another tea party organization (see November 2009 - November 2010). She filed incorporation papers for Liberty Consulting within a day of news reports about her departure from Liberty Central. She has told conservative news source Daily Caller that she intends to continue working for the group that bought Liberty Central, the Patrick Henry Center for Individual Liberty, and will “help them in any way I can think of, whether it’s lobbying on the Hill or connecting with the grass roots, or helping speak or write or fundraise.” However, lobbying records show no registration for Thomas, Liberty Consulting, Liberty Central, or the Patrick Henry Center. Liberty Central general counsel Sarah Field refuses to answer questions about whether Thomas is being paid through Liberty Consulting as a consultant. A source familiar with the Thomases and with Capitol Hill Republicans says her sojourn from Liberty Central to Liberty Consulting has damaged her reputation among some conservatives. “Ginni’s reputation around town is now even more of a fake entitled woman who is only here because of her husband,” the source tells a reporter. “Now she has opened her own lobbying shop… not sure how [the] conservative circle will feel when they find that out, or if they’ll care or not.” [Politico, 2/4/2011]
Previous Conflicts of Interest - Virginia Thomas has weathered criticisms of conflict of interest before. In late 2000, as a Heritage Foundation staffer, she was helping select key members for the Bush administration even as her husband was engaged in deliberating the Bush v. Gore Court decision that installed George W. Bush as president (see 9:54 p.m. December 12, 2000). At the time she waved off criticisms, saying that she and her husband conducted “separate professional lives.” [Los Angeles Times, 3/14/2010]
'Cloud of Corruption' Surrounding Justice Thomas? - Legal analyst Ian Millhiser of the liberal news Web site Think Progress is far more blunt in his assessment than some more cautious critics, writing: “Now, Ginni Thomas appears to have found a way to earn money off her husband’s actions as a justice. Clarence Thomas released countless amounts of corporate spending on US elections [by voting with the majority in Citizens United], and Ginni Thomas can get rich advising those corporate clients on how to direct that spending. To be sure, it is possible that Ginni is somehow limiting her advice to ‘political investments’ that were legal before Clarence gave businesses like hers so many new potential customers. But if this is the case, Ginni has an obligation to explain just how she is limiting her advice—it’s the only way to remove the obvious cloud of corruption her actions have created around her husband.” [Think Progress, 2/4/2011]

Entity Tags: Heritage Foundation, David Schweikert, Clarence Thomas, Ann Pearson, Dick Armey, George W. Bush, Sarah E. Field, FreedomWorks, Patrick Henry Center for Individual Liberty, Virginia (“Ginni”) Thomas, Liberty Consulting, Ian Millhiser, Liberty Central, US Chamber of Commerce

Timeline Tags: Civil Liberties

Former Republican Senator Rick Santorum (R-PA), joining the race to contend for the Republican presidential nomination, tells an audience at the Faith and Freedom Conference in Washington that America was a much better place before 1965, when the Voting Rights Act (VRA—see August 6, 1965 and June 29, 1989) was enacted and the “welfare state” began. “Social conservatives understand that America was a great country because it was founded great,” Santorum says. “Our founders, calling upon in the Declaration of Independence, the supreme judge, calling upon divine providence, said what was at the heart of American exceptionalism.… ‘We hold these truths to be self-evident, that all men are created equal and endowed by our creator with certain inalienable rights.‘… Ladies and gentlemen, America was a great country before 1965.” Reporter David Love notes that in 1965, institutionalized racism was still the law in many areas of the country. Police brutalized voting rights protesters and civil rights workers were murdered without legal repercussions. The civil rights legislation enacted during this time began the variety of federal “safety net” programs such as food stamps, aid for mothers and their children, disabled citizens, and others, and also began stamping out institutionalized, legal racism. Medicare and Medicaid were enacted under the Social Security Act of 1965. The 1965 Omnibus Housing Act provided funds for building housing for indigent Americans, including many African-Americans. The federal government began funding public schools in 1965. And two years later, the courts used 1965 legislation to overturn laws against miscegenation—interracial marriage. Love concludes: “So the question remains, was America better before 1965? Well, it depends on your point of view. If you are a conservative who views the Great Society legacy as a big government intrusion into the lives of people, then the answer is yes. If you think government has no business protecting civil rights, funding schools and feeding hungry children, increasing economic opportunity, and promoting the arts, your answer will undoubtedly be yes. However, if you are an African-American who enjoys exercising the right to vote, or a senior who doesn’t want anyone touching your Medicare, or someone who believes the federal government has a role to play in fighting poverty, chances are you have a different view of things.” [The Grio, 6/7/2011]

Entity Tags: Rick Santorum, David A. Love, Omnibus Housing Act of 1965, Social Security Act of 1965, Voting Rights Act of 1965

Timeline Tags: Domestic Propaganda, 2012 Elections

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