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US Civil Liberties

Voter Fraud, Suppression and Disenfranchisement

Project: US Civil Liberties
Open-Content project managed by Paul, KJF, mtuck, paxvector

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US District Court Judge William C. O’Kelley finds that Georgia Secretary of State Cathy Cox, a Democrat currently running for governor, violated voter rights by unlawfully working to block voter registration drives. Cox is also facing criticism of her handling of the state’s electronic voting contract with voting machine manufacturer Diebold. O’Kelley finds that Cox’s “rejection of voter registration applications on the ground that they were submitted in a bundle, or by someone who was not a registrar or deputy registrar, violated the NVRA [National Voter Registration Act, often called the Motor Voter law—see May 20, 1993].” Senate Minority Leader Gloria Butler, a fellow Democrat who has been critical of Cox’s actions, has introduced legislation that would codify the rights of private groups to conduct voter registration in Georgia, even though private groups already have that right. Butler recently told reporters, “These volunteers drive our voter registration in this state and we should make it easier, not harder, on them to help Georgia citizens complete the voter registration process.” She tells another reporter, “Strong voter registration rolls are the very foundation of our democracy and I will continue to fight for the rights of registered Georgians throughout the state.” Many critics say that Cox’s efforts to impede voter registration may have had what the Atlanta Progressive News calls “a disproportionate impact on outreach efforts to low-income individuals, working families, and the homeless, who often need advice about, and assistance with, registering to vote.” Cox was sued by the Wesley Foundation, the nonprofit charitable affiliate of a local chapter of the Alpha Phi Alpha Fraternity, an African-American fraternal organization that ran a voter registration drive on June 12, 2004. Cox rejected all 63 voter registration applications submitted to her office from the fraternity, claiming that the fraternity representatives failed to follow proper procedures, including obtaining pre-clearance from her office to conduct the drive. Under the NVRA, the fraternity and other private organizations have the right to conduct voter registration drives without the presence or permission of state or local election officials. O’Kelley’s ruling requires Cox to notify all 159 of Georgia’s county boards of registrars that they are not authorized to reject applications submitted by private voter registration organizers in the future for reasons previously delineated by Cox, and for her to acknowledge to the plaintiffs that they did not engage in improper conduct. [Atlanta Progressive News, 3/10/2006]

Entity Tags: Diebold Systems, Alpha Phi Alpha Fraternity, Atlanta Progressive News, Gloria Butler, Cathy Cox, Wesley Foundation, National Voter Registration Act, William C. O’Kelley

Category Tags: Voting Rights, Court Procedures and Verdicts, Election, Voting Laws and Issues, Voter Fraud/Disenfranchisement

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

Category Tags: Voting Rights, Court Procedures and Verdicts, Election, Voting Laws and Issues, Voter Fraud/Disenfranchisement

Georgia’s controversial state voter identification law, which was touted by Bradley J. Schlozman, the Justice Department’s head of the voting rights section, as not being discriminatory towards minority voters (see November 25, 2005), is declared unconstitutional by Fulton County Superior Court Judge T. Jackson Bedford Jr., who said this law “cannot be.” The law, pushed through the Georgia legislature by Governor Sonny Perdue (R-GA) and state Republicans in order to fight what they call persistent voter fraud (see 2005), says that forcing citizens to pay money for a state voter identification card disenfranchises citizens who are otherwise qualified to vote. The state voter ID would require what the law calls “proof of citizenship.” Many poor and minority voters lack birth certificates, some because they lack the financial means to obtain them and others because they were born in a time and area in which birth certificates were not routinely issued. Rosalind Lake, an elderly and visually disabled voter, brought a lawsuit against the state because she says she is unable to drive and would not easily be able to obtain such an ID. Even though the state offered to deliver an ID to Lake’s home, her lawyer, former Governor Roy Barnes (D-GA), says others in her position would not be given such an offer. “We have a low voter participation,” he says. “We’re going to make it more difficult?” Under earlier law, Georgia voters could submit any of 17 types of identification to prove their identity. The new law poses one voter ID that would require a birth certificate. Perdue and others have cited information showing that 5,000 dead people “voted” in the eight elections preceding the 2000 elections, but Barnes notes that those votes were all cast by absentee ballots, which would not be affected by the new law. Barnes says, “This is the most sinister scheme I’ve ever seen, and it’s going on nationwide.” The law was already rejected by US District Judge Harold L. Murphy, who likened it to Jim Crow-era legal restrictions designed to stop African-Americans from voting. The Georgia General Assembly rewrote the law to remove the $20 fee for its acquisition, but Murphy refused to lift his injunction against the law. Bedford rules that the law places an unwarranted burden of proof on voters. “Any attempt by the legislature to require more than what is required by the express language of our Constitution cannot withstand judicial scrutiny,” he says. [Washington Post, 9/20/2006]

Entity Tags: T. Jackson Bedford, Jr., Bradley J. Schlozman, Roy Barnes, Harold L. Murphy, Sonny Perdue, Rosalind Lake

Category Tags: Election, Voting Laws and Issues, Voter Fraud/Disenfranchisement

The Brennan Center for Justice at New York University’s School of Law issues an in-depth report entitled “The Truth about Voter Fraud.” The report is written and overseen by Justin Levitt, counsel for the Democracy Program at the Brennan Center. Levitt’s study analyzes reports over the last 10 years from around the nation, and finds that real instances of voter fraud are a vanishingly small number, usually less than a tenth or even a hundredth of a percent. Voter fraud of the sort that is usually alleged, he writes, is “more rare than death by lightning.… It is more likely that an individual will be struck by lightning than that he will impersonate another voter at the polls.”
'Voter Fraud' Usually Conflated with Other Kinds of Election Irregularities - Levitt continues: “‘[V]oter fraud’ occurs when individuals cast ballots despite knowing that they are ineligible to vote, in an attempt to defraud the election system. This sounds straightforward. And yet, voter fraud is often conflated, intentionally or unintentionally, with other forms of election misconduct or irregularities.”
Allegations Almost Always Exaggerated - Levitt writes that the allegations often stem from dramatic and unverified stories from bygone days, and those stories “make… a popular scapegoat” for other, non-criminal issues such as a vote not going the way someone wishes it had gone. “In the aftermath of a close election, losing candidates are often quick to blame voter fraud for the results,” Levitt writes. “Legislators cite voter fraud as justification for various new restrictions on the exercise of the franchise. And pundits trot out the same few anecdotes time and again as proof that a wave of fraud is imminent.” However, he finds: “Allegations of widespread voter fraud, however, often prove greatly exaggerated. It is easy to grab headlines with a lurid claim (‘Tens of thousands may be voting illegally!’); the follow-up—when any exists—is not usually deemed newsworthy. Yet on closer examination, many of the claims of voter fraud amount to a great deal of smoke without much fire. The allegations simply do not pan out.”
Allegations Used to Justify Restrictive Voter Requirements - The false allegations, he writes, have provided, and will continue to provide, justifications for restrictive policies such as heightened requirements for voter registration, voter identification requirements, enhanced demands for proof of residency, and others that actively restrict the ability of many legal voters to participate in the democratic process. [Levitt, 2007 pdf file; Brennan Center for Justice at New York University School of Law, 2012]

Entity Tags: Justin Levitt, Brennan Center for Justice

Category Tags: Voter Fraud/Disenfranchisement, Voting Rights

After five years of cracking down on voter fraud, the Department of Justice under the Bush administration produces what the New York Times describes as “virtually no” evidence of massive organized voter fraud, despite repeated Republican claims that it is widespread and has cost the party elections. Assistant US attorney Richard G. Frohling of Milwaukee says, “There was nothing that we uncovered that suggested some sort of concerted effort to tilt the election.” Election law expert Richard L. Hasen adds, “What we see is isolated, small-scale activities that often have not shown any kind of criminal intent.” [New York Times, 4/12/2007]

Entity Tags: US Department of Justice, Richard G. Frohling, Richard L. Hasen

Timeline Tags: 2008 Elections

Category Tags: Voting Rights, Voter Fraud/Disenfranchisement

Brennan Center for Justice logo.Brennan Center for Justice logo. [Source: Red Alert Politics (,com)]A coalition of civil rights groups files a lawsuit in federal court alleging that Florida’s new voting registration law blocks tens of thousands of legitimate would-be voters. The Voter Registration Verification Law, passed in 2005, is sometimes called the “No Match, No Vote” law because it forces first-time voters to provide identification numbers—driver’s license, official state ID, or Social Security numbers—to match those on their voter ID cards. If the numbers do not match, the citizens are not allowed to vote. Justin Levitt of the Brennan Center for Justice, one of the groups filing the lawsuit, says of the law, “Any number of things can go wrong in that process, and the fact that they do is why we’re in court.” The Brennan Center for Justice is joined in the lawsuit by the Florida branch of the NAACP and the Haitian-American Grassroots Coalition. Levitt says Florida’s State Department has provided files showing some 20,000 voter registration cards were rejected in 2006 because of the law. The lawsuit shows evidence that after California passed a similar law, rejection rates reached as high as 44 percent. Florida Secretary of State Kurt Browning says in a statement, “While it is not my policy to comment on pending litigation, I will reiterate that it is the intention of the Department of State to make sure that every eligible voter in the state of Florida has the means and the opportunity to register to vote and to cast a ballot.” The law merely works to comply with federal verification requirements, Browning says, and is “supported” by the US Department of Justice, which is reviewing Florida’s amended registration laws. The Brennan Center for Justice is also involved in another lawsuit challenging state rules which make it more difficult for independent organizations such as the League of Women Voters to register new voters. Levitt says the new law will only exacerbate an already-difficult situation for voters in 2008. “Given the way that registration picks up heavily in an election year, we really fear it’s going to pick up in 2008. As forms flood in before the deadline, there will be less time to deal with them,” Levitt says. [WTSP-TV, 9/17/2007; Florida Independent, 10/22/2010] The lawsuit will not succeed. [Tampa Bay Times, 10/28/2008] In 2008, the law will effectively disenfranchise almost 8,000 voters, the majority of whom are African-Americans and Hispanics, and over three-quarters of whom are registered Democrats. [Florida Independent, 10/22/2010]

Entity Tags: Brennan Center for Justice, (Florida) Voter Registration Verification Law of 2005, Justin Levitt, Kurt Browning, National Association for the Advancement of Colored People, League of Women Voters, Haitian-American Grassroots Coalition, Florida Department of State

Category Tags: Voting Rights, Election, Voting Laws and Issues, Voter Fraud/Disenfranchisement

In a 6-3 decision, the US Supreme Court upholds a 2005 Indiana law requiring voters to show photo identification before voting, despite concerns that it will effectively disenfranchise thousands of voters who have no such ID. Writing for the majority of judges, Justice John Paul Stevens wrote, “The state interests identified as justifications for [the law] are both neutral and sufficiently strong to require us to reject” the lawsuit challenging the law. In a dissenting opinion, Justice David Souter wrote “Indiana has made no such justification” for the law. Indiana Secretary of State Todd Rokita concedes that the state did not present a case of voter impersonation, which the law was designed to safeguard against. [CNN, 4/28/2008; American Civil Liberties Union, 2012]

Entity Tags: Todd Rokita, David Souter, US Supreme Court, John Paul Stevens

Timeline Tags: 2008 Elections

Category Tags: Voting Rights, Court Procedures and Verdicts, Election, Voting Laws and Issues, Voter Fraud/Disenfranchisement

In response to a Supreme Court decision allowing states to require photo ID for voting, Fox News states as fact the theory that photo ID requirements would have prevented a case of voter registration fraud in Washington State, in which seven ACORN workers were convicted. Fox News writes, “But if photo ID requirements had been the law in Washington State, the voter fraud scandal involving ACORN in 2006 would never have happened.” [Fox News, 5/2/2008] The report continues: “According to Washington Secretary of State Sam Reed, the incident ‘was the worst case of election fraud in our state’s history. It was an outrage’.” Reed is both misquoted and quoted out of context. He was not referring to photo ID. The Seattle Times version of the same quote reads: “‘Ladies and gentlemen, this is the worst case of voter-registration fraud in the history of the state of Washington. There has been nothing comparable to this,’ state Secretary of State Sam Reed said at a news conference.” [Seattle Times, 7/6/2007; Fox News, 5/2/2008]

Entity Tags: Association of Community Organizations for Reform Now, US Supreme Court, Fox News, Sam Reed

Timeline Tags: 2008 Elections

Category Tags: Voting Rights, Voter Fraud/Disenfranchisement, Voting Rights

Republican National Committee communications director Danny Diaz says in a press teleconference that ACORN’s hiring of former felons will put Wisconsin voters at risk of identity theft: “This is a group that hires convicted criminals, delinquents, puts them on the street so that they can obtain personal information about voters. We have seen certainly numerous instances where that information is misused and, you know, citizens are negatively impacted and affected.” However, pressed to substantiate this claim on the same call, Diaz admits, “No, I can’t tell you an instance of identity theft.” [Huffington Post, 10/2/2008]

Entity Tags: Association of Community Organizations for Reform Now, Danny Diaz, Republican National Committee

Timeline Tags: 2008 Elections

Category Tags: Election, Voting Laws and Issues, Voting Rights, Voter Fraud/Disenfranchisement

Agents of the Nevada secretary of state and attorney general raid the Nevada office of the Association of Community Organizations for Reform Now (ACORN) on suspicions that ACORN is submitting fraudulent voter registrations, based on an investigation launched by a joint task force between the state’s US Attorney’s office and the FBI. No arrests are made and no charges are laid. [Clark County District Court, 10/6/2008 pdf file] Due to the seizure of computers and files, the office is effectively shut down less than a month before the election. ACORN officials are concerned that the confiscation of their computers will hinder their get-out-the-vote efforts in a key swing state. [Huffington Post, 10/7/2008] ACORN interim Chief Organizer Bertha Lewis responds: “We have zero tolerance for fraudulent registrations. We immediately dismiss employees we suspect of submitting fraudulent registrations.… ACORN met with Clark County [in Las Vegas] elections officials and a representative of the [Nevada] secretary of state on July 17th. ACORN pleaded with them to take our concerns about fraudulent applications seriously.” [ACORN, 10/7/2008]

Entity Tags: Bertha Lewis, Association of Community Organizations for Reform Now

Timeline Tags: 2008 Elections

Category Tags: Voting Rights, Voter Fraud/Disenfranchisement

The Washington Post reports on a raid on an ACORN office in Nevada stating that ACORN “had hired 59 felons through a work release program as canvassers.” [Washington Post, 10/7/2008] However, it does not mention that the program is perfectly legal and arranged in part through the Nevada State Department of Corrections. In fact, according to Mike Slater, the executive director of Project Vote, which partnered with ACORN in its voter registration work in Nevada, the Nevada State Department of Corrections actually approached ACORN to propose it employ inmates. [Huffington Post, 10/7/2008] According to the investigation affidavit, the inmates worked under “constant supervision” and with “no access to telephones or internet.” [Clark County District Court, 10/6/2008 pdf file]

Entity Tags: Michael Slater, Washington Post, Association of Community Organizations for Reform Now

Timeline Tags: 2008 Elections

Category Tags: Voting Rights, Voter Fraud/Disenfranchisement

The Association of Community Organizations for Reform Now (ACORN) defends itself against allegations of voter fraud and attempting to overthrow America’s democratic system, allegations stemming largely from Republicans, conservative news organizations, and right-wing talk show hosts. The Associated Press reports that Republican lawmakers are calling for a federal investigation into ACORN’s practices of registering Americans to vote, and cites examples of ACORN filing questionable voter registration forms (see October 14, 2008). Senator Barack Obama (D-IL), the Democratic presidential contender, says Republicans should not use any issues with ACORN as an excuse to stop people from voting on Election Day. ACORN has registered some 1.3 million voters, many of them young, minority, or poor citizens, and all of whom tend to vote Democratic. Elections officials in at least eight states are looking into voter fraud allegations leveled against the organization. ACORN spokesperson Kevin Whelan tells reporters that the organization is proud of “the vast, vast majority” of its over 13,000 paid canvassers who worked in 21 states to register voters. “They did something remarkable in bringing all these new voters,” he says. The group has acknowledged that some of its employees may have turned in questionable forms in order to meet their registration goals and continue working with the group, but says it has worked to weed out such problematic forms and has alerted county election officials to potential problems. Whelan says ACORN does not hesitate to fire employees who turn in fraudulent registration forms. Most states require third-party registration organizations such as ACORN to turn in even blatantly fraudulent forms under penalty of law. House Republicans have written to Attorney General Michael Mukasey demanding a Justice Department investigation, and requesting Justice Department help in making sure ballots by what they call “ineligible or fraudulent voters” are not counted on Election Day. Senator John McCain (R-AZ), Obama’s Republican opponent, says the Obama campaign should take action to rein in ACORN’s registration efforts in order to combat what he calls “voter fraud,” and notes that Obama represented ACORN in a 1995 lawsuit in Illinois. McCain’s running mate, Governor Sarah Palin (R-AK), says, “Obama has a responsibility to rein in ACORN and prove that he’s willing to fight voter fraud.” McCain has joined his House Republican colleagues in demanding a federal investigation. Obama says his campaign has no ties to ACORN, and says, “This is another one of those distractions that get stirred up during the campaign.” Recently a conservative Ohio think tank, the Buckeye Institute, filed a lawsuit against ACORN, charging it with criminal corruption under a civil provision of the Racketeer Influenced and Corrupt Organizations (RICO) Act, which is usually employed against alleged members of organized crime. [Associated Press, 10/14/2008] The liberal media watchdog Media Matters notes that the Associated Press and CNN have both failed to report that Obama was joined by the Justice Department, the League of Women Voters, and the League of United Latin American Citizens in the 1995 lawsuit. The lawsuit was intended to force Illinois to implement the National Voter Registration Act of 1993 (NVRA—see May 20, 1993), and was found in favor of ACORN and the other plaintiffs. [Media Matters, 10/15/2008] Recently, officials raided the Nevada offices of ACORN in a fruitless attempt to find evidence of voters being fraudulently registered (see October 7, 2008). Independent fact-checkers will soon find allegations of voter registration fraud leveled against ACORN to be entirely baseless (see October 18, 2008).

Entity Tags: Sarah Palin, Barack Obama, Association of Community Organizations for Reform Now, Buckeye Institute, John McCain, Kevin Whelan, Media Matters, Michael Mukasey

Category Tags: Voter Fraud/Disenfranchisement, Voting Rights

The press reports that the Association of Community Organizations for Reform Now (ACORN) recently submitted a voter registration form filed under the name “Mickey Mouse” to the Orange County, Florida, board of elections. Fox News co-anchors Megyn Kelly and Bill Hemmer, hosting the “straight news” program America’s Newsroom, mock ACORN for filing the form. Under Florida law, ACORN is required to submit all voter registration forms even if it suspects they are bogus: failure to submit a voter registration form is punishable by a $1,000 fine. Kelly reports the form submission, and Hemmer reports that the form was rejected, saying, “ACORN says they are required to turn in every application that is filled out, even if it says Mickey Mouse.” Kelly then says: “I love that, they’ve got the obligation to submit it no matter what it says. Mickey Mouse, Jive Turkey, which we saw yesterday. How are we to know?” ACORN official Brian Kettenring tells a Tampa Bay Times reporter, “We must turn in every voter registration card by Florida law, even Mickey Mouse.” The liberal media watchdog organization Media Matters cites the pertinent Florida statute: “A third-party voter registration organization that collects voter registration applications serves as a fiduciary to the applicant, ensuring that any voter registration application entrusted to the third-party voter registration organization, irrespective of party affiliation, race, ethnicity, or gender shall be promptly delivered to the division or the supervisor of elections.” If a third-party voter registration organization such as ACORN fails to submit any voter registration form, it is liable for a “fine in the amount of $1,000 for any application not submitted if the third-party registration organization or person, entity, or agency acting on its behalf acted willfully.” Kettenring says he is not sure the “Mickey Mouse” voter registration form came through ACORN, though it bore a stamp indicating that it was collected by someone affiliated with the organization. ACORN has come under fire for problems with some of the forms submitted by its employees, including 35 voter registration forms submitted in Pinellas County, Florida, that the Pinellas Board of Elections considered questionable. Recent forms submitted by the organization in Las Vegas listed the names of the starting lineup of the Dallas Cowboys. Republicans are claiming that the “Mickey Mouse” submission and others are part of a nationwide conspiracy by ACORN to subvert the electoral process; Republican National Committee (RNC) counsel Sean Cairncross says that ACORN is a “quasicriminal organization” engaged in “a widespread and systemic effort… to undermine the election process.” Kettenring says that a few of ACORN’s paid voter registrars are attempting to get paid by submitting forms that are clearly not legitimate. ACORN says it fires canvassers who forge applications, citing a recent firing in Broward County of one worker who turned in applications with similar handwriting. The organization alerted the county’s election supervisor to the problem. ACORN pays $8/hour for canvassers to register votes, and does not pay bonuses for volume or a specific number of signatures. The organization says officials call each name on the forms to confirm their legitimacy, but under Florida law must submit even problematic forms. [Tampa Bay Times, 10/14/2008; Media Matters, 10/14/2008] In March 2008, Fox reporters misquoted a Washington state official regarding allegations of ACORN-driven voter fraud (see May 2, 2008). Seven days before the Fox News report, officials raided the Nevada offices of ACORN in a fruitless attempt to find evidence of voters being fraudulently registered (see October 7, 2008). Four days after the report, independent factcheckers will find allegations of voter registration fraud leveled against ACORN to be entirely baseless (see October 18, 2008). Five days after the report, a Fox News guest will accuse ACORN of causing the subprime mortgage crisis (see October 19, 2008). And in 2009, Fox News host Glenn Beck will accuse ACORN and President Obama of working together to create a “slave state” within the US (see July 23, 2009).

Entity Tags: Megyn Kelly, Bill Hemmer, Association of Community Organizations for Reform Now, Brian Kettenring, Republican National Committee, Fox News, Sean Cairncross, Media Matters

Timeline Tags: Domestic Propaganda, 2008 Elections

Category Tags: Voting Rights, Voter Fraud/Disenfranchisement, Voting Rights

The non-partisan FactCheck.org, an organization sponsored by the Annenberg Public Policy Center, runs an article that discusses the ACORN “voter fraud” issue in depth. It states that there is no evidence of the “democracy-destroying fraud” that Republican presidential candidate John McCain accused ACORN of, draws a distinction between voter registration fraud and voter fraud, and acknowledges that true voter fraud is relatively rare, citing a five-year investigation by the Bush administration Department of Justice that found no evidence of organized voter fraud. Dan Satterberg, the Republican prosecutor who handled the largest ACORN voter registration case in the nation, in King County, Washington, in 2006, is quoted saying “this scheme was not intended to permit illegal voting,” and “ACORN is a victim of employee theft.” In its headline and lede, however, the FactCheck article says that McCain’s Democratic rival Barack Obama is “soft-pedal[ing]” his ties with ACORN, placing this on the same level as John McCain’s statement that ACORN “is now on the verge of maybe perpetrating one of the greatest frauds in voter history in this country, maybe destroying the fabric of democracy.” [Annenberg Political FactCheck, 10/18/2008] The article is also run by Newsweek. [Newsweek, 10/18/2008]

Entity Tags: Dan Satterberg, Association of Community Organizations for Reform Now, FactCheck (.org), Barack Obama, John McCain

Timeline Tags: 2008 Elections

Category Tags: Voting Rights, Voter Fraud/Disenfranchisement

John Fund.John Fund. [Source: Rightsideva]Fox News runs an interview with right-wing journalist and Wall Street Journal editorialist John Fund, author of the book Stealing Elections: How Voter Fraud Threatens Our Democracy, in which Fund claims that ACORN was “at the heart of the subprime mortgage crisis,” and is planning to “overload the election system, to make it so there’s such chaos at the polls that they can bring a lot of voters there.” He also calls Barack Obama “radical” and suggests that he is working in concert with ACORN on a hidden agenda to expand government and “dramatically change American society,” in ways he does not specify. On the Fox website the video is posted under the headline, “Author of book on voter fraud explains how ACORN’s actions are detrimental to Democracy.” [Fox News, 10/19/2008]

Entity Tags: Association of Community Organizations for Reform Now, John Fund, Barack Obama, Fox News

Timeline Tags: Global Economic Crises, Domestic Propaganda, 2008 Elections

Category Tags: Other, Voter Fraud/Disenfranchisement

Progressive media watchdog site Media Matters reports that conservative radio host Jim Quinn, of the syndicated show Quinn & Rose, says that the US should go back to a time where only landowners could vote. Quinn says: “Originally, if you didn’t own land, you didn’t vote, and there was a good reason for it: because those without property will always vote away the property of other people unto themselves, and that’s the beginning of the end.… Now—I mean, I can hear the appeal to the masses: ‘It’s not fair, it’s not the American way that you don’t get to vote,’ but let me ask you a question: If I don’t own anything, what kind of a problem do I have with voting for a measure—a tax, a law—that takes somebody else’s property and gives it to me? I have no stake in personal property ownership ‘cause I don’t have any. Now, back in the day, when this was the law of the land, anybody who wanted to vote needed to step up to the plate, achieve, get a stake in America, and then vote.” Quinn equates non-landowners’ right to vote with what he calls “organized theft from the wealthy by the democratic masses.” [Media Matters, 10/21/2008] A day later, radio host Michael Savage says that public assistance recipients should lose the right to vote (see October 22, 2008).

Entity Tags: Michael Savage, Media Matters, Jim Quinn

Timeline Tags: Domestic Propaganda, 2008 Elections

Category Tags: Voting Rights, Voter Fraud/Disenfranchisement

As reported by progressive media watchdog site Media Matters, conservative radio host Michael Savage tells his audience that Americans who receive public assistance should not be able to vote. “Do you think a person on welfare has the right to vote?” he asks. “I don’t. Why should a person who is on public assistance maintain the right to vote? Tell me why. Where is it written that they should have the right to vote?… I support them, and they should have the same vote I do? That would be like saying an infant has the right to vote or an insane person has the right to vote. Why should a welfare recipient have the right to vote? They’re only gonna vote themselves a raise.” Savage then brings up Democratic presidential candidate Barack Obama: “So if you get a demagogue like Obama coming along, and he says to the welfare recipient, elect me, and I’ll make sure that we have trickle-up poverty, and the rich—so-called, that is anyone who works for a living—will give you more money, more welfare, of course you’re gonna vote for the demagogue Obama. See, if I was in charge, I’d pass a law which says, OK, you can’t support yourself for whatever reason, you’re on welfare, you lose the right to vote.… You get back on the self-sufficiency, you get the right to vote. Then we’ll have a fair election in America. Otherwise, it’s all over. We have a communist nation either now or in the very near future.” [Media Matters, 10/23/2008] A day before, radio host Jim Quinn said that only landowners should be allowed to vote (see October 21, 2008).

Entity Tags: Jim Quinn, Media Matters, Michael Savage, Barack Obama

Timeline Tags: Domestic Propaganda, 2008 Elections

Category Tags: Voting Rights, Voter Fraud/Disenfranchisement

As the November 4 elections approach, data shows that 12,165 first-time Florida voters are on a list that may bar them from voting. The list has swelled from over 8,000 names on a list released on October 16. The so-called “no match” list contains names of first-time voters whose identification numbers—driver’s license numbers, Social Security numbers, and official state ID cards—apparently do not match their numbers as listed on their voter identification cards. The so-called “no match no vote” law (see September 17, 2007) is considered by many to be deeply flawed and prejudicial towards minority voters. If the individual voter cannot resolve the discrepancy, he will be forced to cast provisional ballots, which are likely not to be counted. The list, as did its earlier iteration, contains a disproportionate number of African-American, Hispanic, and Democratic voters, and South Florida residents. Fifty-five percent of the previous list was made up of African-Americans and Hispanics, and three-quarters of the people on the list were registered Democrats. Pinellas County Supervisor of Elections Deborah Clark says her staff is trying to rectify mismatched voter information by calling people at night and sending up to three letters. “We don’t want to have them in pending status when they show up to vote,” she says. Some of the forms show invalid phone numbers, she adds. Republican Secretary of State Kurt Browning says the “no match” lists are necessary to ensure the integrity of the voter rolls. Adam Skaggs of the Brennan Center for Justice, whose group tried and failed to challenge the law in court (see September 17, 2007), says the figure is far too high, and the law “places an unacceptable burden on thousands of voters.” The voters having trouble matching the numbers are those without drivers’ licenses. Many of those people do not have state-issued ID cards, and they often do not carry their Social Security cards in public. He also notes that a number of newly enrolled Alachua County voters who are University of Florida students are on the “no match” list. [Tampa Bay Times, 10/28/2008]

Entity Tags: Adam Skaggs, (Florida) Voter Registration Verification Law of 2005, Deborah Clark, County of Alachua (Florida), Kurt Browning

Category Tags: Election, Voting Laws and Issues, Voter Fraud/Disenfranchisement, Voting Rights

Norm Coleman (l) and Al Franken (r) are locked in a recount battle for a US Senate seat representing Minnesota.Norm Coleman (l) and Al Franken (r) are locked in a recount battle for a US Senate seat representing Minnesota. [Source: MediaBistro (.com)]The US Senate race in Minnesota, between incumbent Norm Coleman (R-MN) and challenger Al Franken (D-MN), concludes with Coleman enjoying a razor-thin margin of victory and declaring himself the victor. However, Franken (running as the candidate for the “Democratic-Farmer-Labor” party, or DFL, Minnesota’s version of the state Democratic Party) says he will ask for a recount, as is his right under Minnesota law. Minnesota officials say the recount could delay the final result of the race until December. The Minneapolis Star-Tribune characterizes the race between Coleman and Franken as “one of the most bitter… in Minnesota history.” The initial results show Coleman in the lead by 215 votes, though he was adjudged to lead by as much as 725 votes in early estimates. The Associated Press previously called Coleman the winner, but has now withdrawn that call, labeling the race as too close to judge. Franken says his campaign is investigating alleged voting irregularities at a number of polling places, and adds: “[A] recount could change the outcome significantly.… Let me be clear: Our goal is to ensure that every vote is properly counted.” Minnesota Secretary of State Mark Ritchie (D-MN) says a recount would not begin until the middle of the month and would likely stretch into December. “No matter how fast people would like it, the emphasis is on accuracy,” he says. The vote is split three ways, with Coleman and Franken each having 42 percent of the vote and Independence Party candidate Dean Barkley having 15 percent. Exit polls show Franken rode a wave of Democrats voting for Barack Obama (D-IL) as president, including a large number of first-time voters. Minnesota delivered its electoral votes for Obama. However, Barkley drained a significant amount of votes away from Franken. Franken had trouble convincing some voters of his credibility, in light of his career as an overtly liberal comedian and author, while Coleman was hurt by being connected with the poorly performing US economy under President Bush. Franken caught up with Coleman in polling after the stock market almost collapsed in September. Franken says that like the just-elected Obama, “I believe we’re going to celebrate a victory in this race, too.” Coleman tells supporters that he “feels good” about the ultimate results. Both Franken and Coleman engaged in harshly negative campaign advertising, which drove a large number of voters to choose Barkley in the race. National Republicans called Franken “unfit for office” because of his liberalism, while Franken attacked Coleman by pairing him with Bush, telling voters that Coleman helped Bush “drive the economy right into the ditch.” The two campaigns together spent almost $50 million, making it by far the most expensive Senate race in the country. Franken was dogged by allegations that he did not pay the proper income taxes, and embarrassed by examples of “lewd” humor from his past comedy engagements, leading him to apologize for some of his humor to his supporters. Coleman dealt with questions about his payment of artificially low rent on an exclusive Capitol Hill rowhouse, and questionable contributions from wealthy benefactors. Coleman asks Franken to waive the recount in the interest of saving Minnesota taxpayers the cost of the procedure, and so that “healing” from the hotly contested race can begin. [Minneapolis Star-Tribune, 11/5/2008; Minneapolis Star-Tribune, 11/6/2008; Associated Press, 1/6/2009]

Entity Tags: Mark Ritchie, Al Franken, Associated Press, George W. Bush, Minneapolis Star-Tribune, Norm Coleman, Barack Obama

Timeline Tags: 2008 Elections

Category Tags: Voting Rights, Voter Fraud/Disenfranchisement, Voting Rights

Two days after the US Senate election in Minnesota failed to produce a clear winner (see November 4-5, 2008), Senator Norm Coleman (R-MN) demands that his challenger, Al Franken (D-MN), concede. Franken has asked that the votes be recounted, as Coleman originally led with a razor-thin 725-vote margin of victory. (A recount is automatic under the law with a margin of victory of less than 0.5 percent, as this one is.) As ballot totals have shifted with the addition of absentee and other ballots, Coleman’s margin has shrunk even further, to 438 votes. Franken says that “a recount could change the outcome significantly,” and adds: “Let me be clear: Our goal is to ensure that every vote is properly counted.” Coleman has requested that the recount not take place, and has declared himself the winner of the election. Coleman also says that a recount would cost some $86,000 to Minnesota taxpayers, a cost he describes as prohibitively high considering that he would almost certainly win the recount. Franken does not concede. [Minneapolis Star-Tribune, 11/6/2008]

Entity Tags: Norm Coleman, Al Franken

Timeline Tags: 2008 Elections

Category Tags: Voting Rights, Voter Fraud/Disenfranchisement, Voting Rights

The campaign of US Senate candidate Norm Coleman (R-MN) says that “improbable shifts” in vote tallies are improperly favoring Coleman’s opponent, Al Franken (D-MN), in Minnesota’s Senate race. The accusation implies that Minnesota Secretary of State Mark Ritchie (D-MN) is exhibiting partisan bias in the Senate race recount. Franken requested a recount after Coleman was declared the winner by a margin narrow enough to legally support such a request (see November 4-5, 2008). Ritchie won the office two years ago after accusing his Republican predecessor of partisan bias. He promises that his oversight of the Senate recount will be fair, transparent, and impartial. “Minnesotans have an expectation of a nonpartisan election recount,” he has said. Coleman’s initial estimate of a 725-vote margin of victory has dwindled to some 200 votes, prompting Coleman to complain of “improbable shifts” in the vote tallies that are unfairly benefiting Franken. One of Coleman’s lawyers tells a reporter, “We’re not going to sit idly by while mysterious, statistically dubious changes in vote totals take place after official government offices close.” Ritchie responds by accusing the Coleman campaign of trying “to create a cloud” over the recount and “denigrating the election process,” and says that such shifts are normal when votes are retallied after any election, when county officials verify election night tabulations reported to his office. Ritchie says the Coleman campaign is mounting “a well-known political strategy,” adding, “If people want to accuse county elections officials of partisan activity, they better be ready to back it up.” Ritchie oversaw a recent Supreme Court election that was praised by both sides as being fairly handled. [Minneapolis Star-Tribune, 11/10/2008; TPM Muckraker, 11/11/2008] According to Ritchie’s office, small vote shifts after an election is called are normal. After an election, the office says: “[E]lection officials proof their work and make corrections, as necessary. It is routine for election officials to discover a number of small errors, including improper data entry, transposition of digits (e.g. entering the number 48 instead of 84), and other items that affect the reported outcome.” [Huffington Post, 11/21/2008]

Entity Tags: Mark Ritchie, Al Franken, Norm Coleman

Timeline Tags: 2008 Elections

Category Tags: Voting Rights, Voter Fraud/Disenfranchisement, Voting Rights

The National Republican Senatorial Committee (NRSC) launches attacks on Minnesota Secretary of State Mark Ritchie (D-MN) in an attempt to throw the Minnesota Senate race recount into doubt. Senator Norm Coleman (R-MN) and challenger Al Franken (D-MN) ran for Coleman’s seat in the US Senate, and the results, narrowly favoring Coleman, were challenged by Franken (see November 4-5, 2008). The NRSC distributes a three-page “backgrounder” on Ritchie to reporters that implies Ritchie is letting his political background affect his conduct in administering the recount. Among Ritchie’s “suspicious” activities are his speech at the Democratic convention during the summer, and his having “led a voter registration coalition that included ACORN,” the much-vilified Association of Community Organizations for Reform Now (see May 2, 2008, October 7, 2008, October 18, 2008, and October 14, 2008). The NRSC even attempts to imply that Ritchie is a Communist sympathizer in a piece entitled “Communist Party USA Wrote Encouragingly Of His Candidacy.” (On November 19, Fox News’s Andrew Napolitano will call Ritchie a “former Communist” and a “former member of the Communist Party,” but without advancing any proof of the allegations.) According to a report by TPM Muckraker’s Zachary Roth, “there’s no evidence that Ritchie has ever used his role as the state’s top elections administrator to advantage Democrats.” Roth writes that “the point of the GOP gambit… appears to be to cast public doubt on the integrity of the recount process, thereby bolstering Coleman’s claim that’s he’s the rightful winner and that a recount is unnecessary—just the strategy pursued by George Bush’s campaign in Florida in 2000.” [TPM Muckraker, 11/11/2008; Media Matters, 11/20/2008]

Entity Tags: National Republican Senatorial Committee, Al Franken, Andrew Napolitano, Association of Community Organizations for Reform Now, Norm Coleman, Zachary Roth, Communist Party USA, Mark Ritchie

Timeline Tags: 2008 Elections

Category Tags: Voting Rights, Voter Fraud/Disenfranchisement, Voting Rights

An unsigned op-ed in the Wall Street Journal accuses the Senate campaign of Al Franken (D-MN) of voter fraud. Franken and incumbent Norm Coleman (R-MN) are locked in a race that was too close to call, and are awaiting the results of a recount (see November 4-5, 2008). Since then, the Coleman campaign (see November 10, 2008) and the National Republican Senatorial Committee (NRSC—see November 11, 2008) have implied a variety of wrongdoings, including underhanded ballot tally manipulation, partisan bias, and even shadowy connections to the Communist Party. Some Democrats, the Journal states, are engaged in “stealing a Senate seat for left-wing joker Al Franken.” The Journal reiterates a claim by Coleman’s lead recount lawyer Fritz Knaak that the director of the Minneapolis Board of Elections forgot to count 32 absentee ballots that she had left in her car. The Coleman campaign attempted to get a judge to stop those ballots from being added to the total, the Journal states, but the judge refused to do so. The Journal also records a number of statistically “unusual” or “improbable” vote tally shifts that have combined to shave Coleman’s initial 725-vote lead to just over 200. The Journal joins Coleman and the NRSC in attacking Secretary of State Mark Ritchie (D-MN), whose office is overseeing the upcoming recount. It cites Ritchie’s own run for office in 2006, which was supported by, among others, liberal activist group MoveOn.org, and says Ritchie is “an ally” of “the Association of Community Organizations for Reform Now, or ACORN, of fraudulent voter-registration fame” (see May 2, 2008, October 7, 2008, October 18, 2008, and October 14, 2008). Ritchie’s “relationship” with ACORN, the Journal states, “might explain why prior to the election Mr. Ritchie waved off evidence of thousands of irregularities on Minnesota voter rolls, claiming that accusations of fraud were nothing more than ‘desperateness’ from Republicans.” The Journal expands its accusations to include the Franken campaign, which it says is “mau-mauing election officials into accepting tossed ballots.” [Wall Street Journal, 11/12/2008; MinnPost, 11/12/2008] The same day as the Journal op-ed is published, Governor Tim Pawlenty (R-MN) repeats the allegation about the absentee ballots being left overnight in an election official’s car, telling a Fox News reporter: “As I understand it, and this is based on news accounts, he claims that even though they were in his car, that they were never outside of his security or area of control, so the courts allowed that. It seems a little loose to me.” Asked by a Fox reporter, “What were they doing in his car?” Pawlenty replies: “There has not been a good explanation for that, Kelly. That’s a very good question, but they’ve been included in the count pile which is concerning.” Pawlenty mischaracterizes the gender of the Minneapolis Elections Director, Cindy Reichert. Reichert also says the entire story is “just not true.” The story comes from Knaak, who initially told reporters, “We were actually told ballots had been riding around in her car for several days, which raised all kinds of integrity questions.” By the day’s end, Knaak backs away from the claim of impropriety. A local outlet reports, “Knaak said he feels assured that what was going on with the 32 ballots was neither wrong nor unfair.” Reichert says that Knaak’s story is entirely false. No ballots were ever left in her car, nor were they left unattended in anyone else’s car. They were secured between Election Night and when they were counted. They were briefly in an election official’s car, along with every other absentee ballot, as they were all driven from individual precincts to polling places as mandated by Minnesota election law. “What I find ludicrous is that this goes on all around the state,” Reichert says. “If we could process them [at City Hall] we’d love to do that.” The absentee ballots were transported, sorted, and counted according to standard elections procedures, Reichert says. The 32 ballots in question were not counted until November 8, and both the Coleman and Franken campaigns were informed that the ballots were not included in the initial Minneapolis tallies. The tally for those 32 ballots: Franken 18, Coleman seven, and seven for other candidates or for no one. [MinnPost, 11/12/2008]

Entity Tags: Tim Pawlenty, Fox News, Cindy Reichert, Al Franken, Fritz Knaak, Norm Coleman, Mark Ritchie, Wall Street Journal, National Republican Senatorial Committee

Category Tags: Voter Fraud/Disenfranchisement, Voting Rights

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: 2008 Elections

Category Tags: Voting Rights, Voter Fraud/Disenfranchisement, Voting Rights

The campaign of US Senate candidate Norm Coleman (R-MN) issues a press release claiming that Coleman’s victory is “confirmed.” Coleman’s press release is erroneous. Coleman’s campaign manager, Cullen Sheehan, issues a similarly erroneous statement that says: “Senator Coleman has, for the third time, been named the winner of the 2008 election. We look forward to the beginning of tomorrow’s recount, and to what we believe to be the ultimate conclusion of the final chapter of this year’s election—the re-election of Senator Norm Coleman.” Far from being confirmed, the recount procedure involving Coleman and his opponent Al Franken (D-MN) has not officially begun (see November 4-5, 2008). It is unclear what basis Coleman has for claiming victory, and no official entity has confirmed Coleman’s victory in the race. Franken’s campaign also issues a release announcing that the recount procedure is about to commence, noting accurately that the State Canvassing Board has refused to certify a winner and stating the campaign’s intention to support the recount. [Minnesota Independent, 11/18/2008; New York Times, 11/18/2008] MSNBC reports that Coleman “is trying to look the part of the winner [in order to be able to] call into question any lead taken by Franken in the recount.” [MSNBC, 11/19/2008] Three days later, liberal reporter Eric Hananoki will write that Coleman is going beyond taking “premature victory laps” by demanding a halt to the recount, “float[ing] false voter fraud stories,” and “smear[ing] election officials” (see November 10, 2008, November 11, 2008, and November 12, 2008). [Huffington Post, 11/21/2008]

Entity Tags: Norm Coleman, Minnesota State Canvassing Board, Eric Hananoki, Al Franken, Cullen Sheehan, MSNBC

Timeline Tags: 2008 Elections

Category Tags: Voter Fraud/Disenfranchisement

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

Category Tags: Election, Voting Laws and Issues, Voter Fraud/Disenfranchisement, Voting Rights

US Representative Michele Bachmann (R-MN) denies saying that US Senate candidate Al Franken (D-MN), currently locked in a recount with Senator Norm Coleman (R-MN—see November 4-5, 2008), “stuff[ed] the ballot box” to stay abreast of Coleman in the Senate race. Bachmann made the comments on MSNBC’s Hardball just before the election. Fox News co-host Alan Colmes of Hannity and Colmes offers to show Bachmann a video clip of her making the statement, but Fox terminates the segment with Bachmann before the clip can be aired. In the same appearance, Bachmann accused President-elect Obama and some Democrats in Congress of being “anti-American,” and suggested the media investigate her claim. She denied making that statement also (see October 17-22, 2008). On Hannity and Colmes, Bachmann says that Franken “wants to stuff the ballot box with rejected ballots,” and this “calls into question what the record is and who’s watching the books.” Bachmann now says that Hardball host Chris Matthews baited and trapped her into making her remarks, and an “urban legend” about what she said quickly sprang up. “What I said was, ‘Do your job,’” she tells Colmes. “That’s what I said.” [Minneapolis Star-Tribune, 11/20/2008]

Entity Tags: Barack Obama, Al Franken, Alan Colmes, Norm Coleman, Chris Matthews, Fox News, Michele Bachmann

Category Tags: Voter Fraud/Disenfranchisement

One hundred and thirty-three ballots, stored in a single envelope, are missing from the warehouse containing the hundreds of thousands of ballots cast in Minnesota during the November elections. The ballots are part of a statewide recount (see November 19, 2008) to determine the winner of the US Senate race between incumbent Norm Coleman (R-MN) and Al Franken (D-MN—see November 4-5, 2008). Minneapolis officials are diligently searching for the missing ballots, according to Mayor R.T. Rybak (D-MN). The recounts are supposed to be finished today, but Minneapolis has been granted an extension to find the ballots. Franken’s lead recount attorney, Marc Elias, issues the following statement: “Find the ballots.… The outcome of this election might be at stake.” The Coleman campaign is alleging ballot tampering. “We do not know that there are any ballots missing, and it is premature and simply irresponsible to suggest that they are,” says Coleman’s attorney Fritz Knaak. He goes on to say that because Rybak, Secretary of State Mark Ritchie, and many Minneapolis city officials are Democrats, there could be some kind of orchestrated effort to suppress votes to favor Franken. However, “It is critical that there be no effort to make this matter a partisan issue,” he adds. Minneapolis Elections Director Cindy Reichert says there is no evidence of any sort of “foul play” concerning the missing ballots (see November 12, 2008). Official recount tallies show Coleman with a 205-vote lead, but this number is not current and Franken is expected to gain votes, especially if the missing ballots are found and tallied. The missing ballots are from a precinct largely populated by college students, considered a group that generally favors Franken. [St. Paul Pioneer Press, 12/5/2008] Four days later, Minneapolis declares the ballots to be irretrievably missing, ending the state’s counting of ballots and moving the recount process into the next phase—canvassing the results and considering ballots challenged by the two campaigns. Ritchie says that the canvassed and audited election-night results from the precinct can be counted in lieu of the missing ballots, though it takes four more days for the Canvassing Board to come to the same conclusion. Counting the ballots adds 36 (later reported as 46) to Franken’s total. Coleman’s campaign says that there may be other reasons for the ballot issue, with a spokesman saying, “We would hope further review of these other scenarios will be conducted, rather than just accepting the political spin of the Franken campaign.” The Coleman campaign is also protesting some counties’ decision to review initially rejected absentee ballots. Franken is expected to gain votes if the absentee ballots in question are counted. [St. Paul Pioneer Press, 12/9/2008; TPM Election Central, 12/12/2008]

Entity Tags: Norm Coleman, Cindy Reichert, Al Franken, Fritz Knaak, Marc Elias, R.T. Rybak, Mark Ritchie, Minnesota State Canvassing Board

Timeline Tags: 2008 Elections

Category Tags: Voter Fraud/Disenfranchisement, Voting Rights

Former Senator Norm Coleman (R-MN), who was recently declared the loser in a hotly contested US Senate race in Minnesota (see January 5, 2009), rejects the findings of the Canvassing Board that reported his opponent, Al Franken (D-MN), as the winner, and files a lawsuit challenging the results. “Not every valid vote has been counted and some have been counted twice,” Coleman says. “Let’s take the time right now in this contested race to get it right.” The suit is filed in the District Court of Ramsey County, where Coleman hopes to convince a three-judge panel that votes were improperly excluded and included in the recount. Franken’s attorney Marc Elias calls Coleman’s lawsuit “an uphill battle to overturn the will of the people” and adds, “It is essentially the same thin gruel, warmed-over leftovers… that they have been serving the last few weeks.” Elias says the Franken campaign has its own questions about uncounted ballots. The lawsuit blocks Franken from being seated in the US Senate until it is resolved. Former Minnesota Governor Arne Carlson (R-MN) says Coleman should concede the election and bow out gracefully. “I don’t think it’s winnable,” Carlson says, and warns that Coleman risks damaging his reputation by pursuing such a lawsuit. Senate Majority Leader Harry Reid (D-NV) says Coleman is “entitled to the opportunity to proceed however he sees fit. But for someone who’s been in the trenches on a number of these elections, graciously conceding… would be the right step. This can’t drag on forever.” Coleman says the issue is not about his winning or losing, but about fairness and accuracy in vote counting. Coleman’s suit will contend that the Canvassing Board did not apply consistent standards to challenged ballots, and both local election officials and Minnesota Secretary of State Mark Ritchie (D-MN) counted ballots unfairly to the advantage of Franken. Coleman’s lawyer Fritz Knaak says the campaign’s lawyers are conducting their own “very real investigation” into the election, and promises that the campaign will present testimony about “double voting” in some precincts. [Minneapolis Star-Tribune, 1/7/2009]

Entity Tags: Norm Coleman, Al Franken, Arne Carlson, Mark Ritchie, Fritz Knaak, Marc Elias, Harry Reid, Minnesota State Canvassing Board

Timeline Tags: 2008 Elections

Category Tags: Voter Fraud/Disenfranchisement, Voting Rights

Liberal author and columnist Joe Conason says that conservatives accusing Minnesota Senate candidate Al Franken (D-MN) of stealing the election from opponent Norm Coleman (R-MN) should show genuine evidence of voter fraud “or shut up.” Franken was recently declared the winner of the US Senate race by a narrow margin of votes (see January 5, 2009). Conason cites a raft of radio and television talk show hosts such as Bill O’Reilly and Rush Limbaugh, and conservative billionaires such as Richard Mellon Scaife, who have been “scream[ing] that Franken is stealing, rigging, pilfering, scamming, thieving, and cheating his way to victory” without advancing any proof, and “in plain contradiction of the available facts.” Conason writes, “Not only is there no evidence that Franken or his campaign ‘cheated’ in any way during the election or the recount, but there is ample reason to believe that the entire process was fair, balanced, and free from partisan taint.” Conason cites claims by Limbaugh on January 5 that Franken “stole the race,” and quotes Limbaugh as saying on that same broadcast: “They are stealing the race up there blind in front of everybody’s nose. They are counting absentee ballots [which election officials are required to do by law].… They’re counting votes twice—votes that were rejected, all kinds of things [which election officials ordered after determining that some votes were rejected wrongly]. That’s just—the Democrats are stealing the election up there.” (The material in brackets is inserted by Conason.) Conason goes on to quote Republican political consultant Dick Morris, who appeared on O’Reilly’s show on January 7 and claimed: “I think there’s funny business—funny business going on in Franken’s thing. Sure, he’s cheating, and sure that Minnesota’s doing it for him. I mean, there’s no question that there’s cheating going on.… This is outright larceny. This is just a total theft.” Conason calls Morris’s accusations “incendiary,” and notes that like Limbaugh, Morris advanced no evidence to support his claims. As for O’Reilly, he has written columns on Newsmax asking readers to donate to the Republican National Lawyers Association to “stop Franken from stealing the election”; that organization is raising money to assist in Coleman’s election lawsuit (see January 7, 2009). Conason writes that the Canvassing Board, the bipartisan entity that decided the race in Franken’s favor, was “impeccably nonpartisan,” and continues, “Nobody in their right mind in Minnesota believes that the board was biased.” He cites conservative blogger Scott Johnson as saying: “There was no noticeable partisan division among the board. Minnesotans are justifiably proud of the transparency and fairness of their work.” Conason concludes: “In essence, [the right-wing pundits] have accused my friend Franken of a felony under Minnesota law. If they know of any evidence that would show he has stolen votes or violated any election statute, let them report it to the state law enforcement authorities. And if they don’t, perhaps they will at last have the decency to shut up.” [Salon, 1/9/2009]

Entity Tags: Norm Coleman, Al Franken, Bill O’Reilly, Dick Morris, Joe Conason, Minnesota State Canvassing Board, Scott Johnson, Rush Limbaugh, Richard Mellon Scaife

Category Tags: Voter Fraud/Disenfranchisement, Voting Rights

The lawsuit filed by former Senator Norm Coleman to block Senator-elect Al Franken (D-MN) from taking his seat in the US Senate (see January 7, 2009) is scheduled to begin on January 26. A three-judge panel will consider Coleman’s case and whether to reverse the findings of the state Canvassing Board, which declared Franken the winner (see January 5, 2009). [Minneapolis Star-Tribune, 1/16/2009]

Entity Tags: Norm Coleman, Al Franken, Minnesota State Canvassing Board

Timeline Tags: 2008 Elections

Category Tags: Court Procedures and Verdicts, Voter Fraud/Disenfranchisement, Voting Rights

The lawsuit filed by former US Senator Norm Coleman (R-MN) to block Senator-elect Al Franken (D-MN) from taking his seat in the US Senate (see January 7, 2009) begins badly for Coleman, with the three-judge panel stopping Coleman’s lawyers from reading off the names, counties, and categories from some 5,500 rejected absentee ballots that they say were improperly rejected. The copies of ballot envelopes the Coleman campaign wanted to admit into evidence weren’t clear enough to be considered proper evidence, the panel rules. Many of the copies were of poor quality and had markings and notes from Coleman campaign officials written on them. Judge Denise Reilly asks one witness, “If I look at these exhibits, how do I know what was put on there by the voter… or the election judge or someone else?” If the Coleman campaign wants to enter the ballots into evidence, it will have to secure the originals from 87 counties, a difficult task. The ruling leaves Coleman’s lawyers at ends for the remainder of the day, with one lawyer saying the team had no plans to go forward without the facsimiles being admitted into evidence. The rejected absentee ballots are a critical element of the Coleman case, which states that thousands of absentee ballots were improperly rejected or were considered with stricter standards than ballots that were counted. One hundred and seventy-six votes out of Franken’s 225-vote margin of victory came from recounted absentee ballots, and the Coleman campaign wants more absentee ballots counted, contending that the rejected ballots would give Coleman the victory. Franken’s attorneys say Coleman is merely fishing for votes, and producing arbitrary reasons to get more ballots into the count. Coleman’s lawyers also contend that some ballots, mostly for Franken, were “double-counted,” and cite results from the town of Eagan as “proof.” Eagan election officials say they have gone through their ballot counts and have found no evidence of any double-counting. Eagan City Clerk Maria Petersen says: “We’re confident, based on the information available to us, that no votes were counted twice. They were counted only once.” [St. Paul Pioneer Press, 1/26/2009]

Entity Tags: Norm Coleman, Al Franken, Maria Petersen, Denise Reilly

Category Tags: Court Procedures and Verdicts, Voter Fraud/Disenfranchisement, Voting Rights

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

Category Tags: Voting Rights, Court Procedures and Verdicts, Election, Voting Laws and Issues, Voter Fraud/Disenfranchisement

Al Franken (D-MN), who won the recount to become the junior US senator from Minnesota but who has been blocked from taking his seat by a legal challenge filed by his opponent, Norm Coleman (R-MN—see January 5, 2009 and January 7, 2009), asks the Minnesota Supreme Court to expedite Coleman’s legal challenge to the recount. Coleman is appealing the recent decision by a lower court to uphold the recount findings and declare Franken the winner of the race (see April 13, 2009). Franken won the recount by 312 votes. Franken’s lawyer David Lillehaug says in a court filing, “Because of the important public policy concern of ensuring that the interests of the citizens of Minnesota are properly represented in Congress, this appeal should be expedited.” Lillehaug is echoing concerns made by Franken and his campaign that Minnesota is suffering by having only one, and not two, sitting US senators. Coleman’s campaign says through a spokesperson that it will comply with a Supreme Court ruling; Coleman himself has said he wishes the process to move as quickly as possible. Franken wants oral arguments before the Minnesota high court to begin in early May, but Coleman’s lawyer James Langdon says those arguments probably will not begin until late May or early June. Minnesota’s version of the Democratic Party, the Democratic-Farmer-Labor Party (DFL), has begun a “Give It Up, Norm” campaign prodding Coleman to concede the election. DFL official Brian Melendez says of Coleman, “If he fights this through to its bitter conclusion, he’ll be not only a sore loser but a permanent loser.” Minnesota Republican Party spokesperson Gina Countryman says, “The number that matters in this whole scenario is the number of voters that remain disenfranchised,” continuing Coleman’s argument that if the ballots were properly counted, he would have won the recount. [Minneapolis Star-Tribune, 4/22/2009]

Entity Tags: Norm Coleman, Al Franken, Brian Melendez, David Lillehaug, Gina Countryman, James Langdon, Minnesota Supreme Court

Timeline Tags: 2008 Elections

Category Tags: Court Procedures and Verdicts, Voter Fraud/Disenfranchisement, Voting Rights

Senator-elect Al Franken (D-MN) acknowledges his victory in front of his Minneapolis home. His wife Franni Franken looks on.Senator-elect Al Franken (D-MN) acknowledges his victory in front of his Minneapolis home. His wife Franni Franken looks on. [Source: Jeffrey Thompson / Getty Images / Zimbio]The Minnesota Supreme Court rejects Senate candidate Norm Coleman’s motion to reconsider the vote recount that found his opponent, Al Franken (D-MN), the winner of the November 2008 Senate race (see January 5, 2009). Coleman, a Republican and the incumbent, concedes the election in a brief appearance after the ruling. Hours later, Governor Tim Pawlenty (R-MN) signs the election certificate for Franken, clearing the way for Franken to take his seat in the US Senate. “I can’t wait to get started,” Franken says. “I won by 312 votes, so I really have to earn the trust of the people who didn’t vote for me.” Coleman says he chose not to appeal to federal courts given the likelihood that the results would not have gone his way, and says he respects the high court’s decision. The court rejects Coleman’s contention that hundreds of absentee ballots ruled invalid should be counted, ruling that voters have the expectation of filling out the ballots properly and should understand that improperly completed ballots will be rejected. Franken’s seating gives Democrats a 60-vote majority in the Senate, theoretically giving them a “filibuster-proof majority” that would overcome Republican efforts to block legislation by refusing to allow cloture votes. However, Democrats rarely vote in unified “blocs” as Republicans often do, and two Senate Democrats, Ted Kennedy (D-MA) and Robert Byrd (D-WV), are hospitalized and unable to cast votes. Franken will be seated after Congress’s July 4 recess. [Associated Press, 6/30/2009; Commercial Appeal (Memphis), 7/1/2009] Politico describes the ruling as “remarkably decisive, picking apart and rejecting one Coleman legal claim after another.” Law professor Larry Jacobs says, “Norm Coleman has gotten shellacked in the court room—by judges who were appointed by Pawlenty.” The Minnesota Republican Party protests the ruling, claiming that it “wrongly disenfranchised thousands of Minnesotans who deserve to have their votes counted,” but Senate Minority Leader Mitch McConnell (R-KY) says he accepts the decision, stating: “While I am very disappointed in the Minnesota Supreme Court’s decision today, I respect Norm’s decision not to pursue his case any further. After having more votes on Election Day, he made a great personal sacrifice to pursue an accurate account of the vote for Minnesotans. For that, and his dedicated service on behalf of Minnesota, he should be commended.” [Politico, 6/30/2009]

Entity Tags: Politico, Larry Jacobs, Edward M. (“Ted”) Kennedy, Al Franken, Minnesota Republican Party, Minnesota Supreme Court, Robert C. Byrd, Mitch McConnell, Norm Coleman, Tim Pawlenty

Timeline Tags: 2008 Elections

Category Tags: Court Procedures and Verdicts, Voter Fraud/Disenfranchisement, Voting Rights

The exterior of the St. Regis Resort in Aspen, Colorado.The exterior of the St. Regis Resort in Aspen, Colorado. [Source: Real Aspen (.com)]The reclusive but highly influential Charles Koch, of the Koch brothers oil empire (see 1977-Present, 1979-1980, 1997, 1981-2010, 1984 and After, Late 2004, May 6, 2006, April 15, 2009, May 29, 2009, November 2009, December 6, 2009, April 2010 and After, and July 3-4, 2010), holds a private meeting with some 200 wealthy financial and political figures at the exclusive St. Regis Resort in Aspen, Colorado. The meeting is designed to bring the participants together to combat what Koch calls “the threats posed to American freedom and prosperity” by Democrats and the Obama administration. To that end, many of the sessions in the two-day event target methods and plans to influence and manipulate the upcoming 2010 midterm elections. The meeting is highly secretive, with participants warned not to discuss the proceedings with anyone, especially members of the media, but in August, the liberal news Web site Think Progress will obtain a copy of a September 2010 memo from Koch that contains the June 2010 event program. The various events include:
bullet a seminar on “The Bankrupting of America”;
bullet a seminar on the “regulatory assault” on environmental concerns and how to further business goals by defeating environmental regulations;
bullet a seminar on how to influence universities and colleges to “advance liberty”;
bullet a seminar on how to “micro-target” the electorate in order to win elections for conservative Republican candidates;
bullet a seminar on “The Threats to American Freedom and Prosperity” conducted by Koch himself;
bullet “Understanding the Threats We Face,” a seminar moderated by Wall Street Journal reporter Stephen Moore (see May 6, 2006), Ramesh Ponnuru of the National Review, Phil Kerpen of Americans for Prosperity (AFP—see Late 2004), and Peter Wallinson of the far-right American Enterprise Institute (AEI);
bullet a seminar on “An Integrated Strategy to Face These Threats,” moderated by Koch’s senior assistant Richard Fink;
bullet an evening address, “Is America On the Road to Serfdom?” by former Fox News talk show host Glenn Beck;
bullet a seminar, “We’re Spending Too Much,” on how to lower government spending, conducted by Russ Roberts of the far-right libertarian Mercatus Center;
bullet a seminar, “Understanding This Year’s Electorate,” by journalist and AEI fellow Michael Barone;
bullet a follow-up seminar on how to “Fram[e] the Debate on Spending” for the elections, moderated by members of AEI and the Mercatus Center;
bullet a seminar, “Mobilizing Citizens for November,” featuring Tim Phillips, the head of AFP (see August 6, 2009) and Karl Crow, the head of Themis, the Koch-funded computer database being used in “micro-targeting” voters (see April 2010 and After);
bullet a seminar hosted by Arthur Brooks of AEI on how to frame the “fight” as one between “free enterprise and Big Government”;
bullet a seminar on how best to target participants’ philanthropic gifting;
bullet a seminar on “reforming” K-12 public and charter schools;
bullet a seminar on impacting judicial elections in several key states;
bullet a seminar on transitioning from the 2010 elections to the 2012 presidential elections and how “supporters of economic freedom” can “start planning today” for that election;
bullet a final evening address, “What’s Ahead for America?” by noted neoconservative columnist and Fox News pundit Charles Krauthammer.
The event features David Chavern, a senior official at the US Chamber of Commerce, one of the entities contributing the most funding to conservative political organizations (see August 2, 2010, September 13-16, 2010, and October 2010). Think Progress’s Lee Fang will write: “In an election season with the most undisclosed secret corporate giving since the Watergate-era, the memo sheds light on the symbiotic relationship between extremely profitable, multi-billion dollar corporations and much of the conservative infrastructure. The memo describes the prospective corporate donors as ‘investors,’ and it makes clear that many of the Republican operatives managing shadowy, undisclosed fronts running attack ads against Democrats were involved in the Koch’s election-planning event.” Many of the “investors” listed as attending or participating in the events include executives from health care corporations; executives from fast-food and other food-industry executives who have fought against providing health insurance to their employees; an array of banking and financial executives; and a number of energy industry executives. Fred Malek, who serves as the top fundraiser for a $56 million attack ad campaign against Democrats (see Mid-October 2010), attends, as does Heather Higgins of the Independent Women’s Forum, another organization that has spent millions opposing health-care reform. Many of the election-focused seminars address how to take advantage of the Citizens United ruling that lifted restrictions on corporate election spending (see January 21, 2010). The Aspen meeting, as with earlier meetings, is managed by Kevin Gentry, a Koch Industries executive and Washington lobbyist. [Think Progress, 8/23/2010; Koch, 9/24/2010 pdf file]

Entity Tags: David Chavern, Tim Phillips, Stephen Moore, St. Regis Resort, Glenn Beck, Charles Koch, Arthur Brooks, Fred Malek, Charles Krauthammer, Russ Roberts, Think Progress (.org), Ramesh Ponnuru, Kevin Gentry, Richard Fink, Heather Higgins, Lee Fang, Karl Crow, Obama administration, Phil Kerpen, Michael Barone, Peter Wallinson

Category Tags: Media Involvement and Responses, Campaign Finance, Voter Fraud/Disenfranchisement

The Minnesota Majority Legal Defense Fund logo. It is not known if the misspelling of “defend” is deliberate.The Minnesota Majority Legal Defense Fund logo. It is not known if the misspelling of “defend” is deliberate. [Source: Minnesota Majority / WePay (.com)]The conservative activist group Minnesota Majority issues a report claiming that Senator Al Franken (D-MN) won the hotly contested recount for the Minnesota seat (see June 30, 2009) because of votes cast by felons voting illegally in Minneapolis-St. Paul. According to the report, at least 341 convicted felons who had lost the right to vote cast their votes for Franken in the 2008 race (see November 4-5, 2008). Franken was found to have won the race by 312 votes. If the votes allegedly cast illegally were deducted from the final vote tally, Franken’s opponent Norm Coleman (R-MN) would be the winner, the report says. Minnesota Majority makes its claim after studying publicly available conviction lists and voting records. The group claims that attempts to secure an investigation by state and federal authorities have been “stonewalled.” Minnesota Majority executive director Dan McGrath says: “We aren’t trying to change the result of the last election. That legally can’t be done. We are just trying to make sure the integrity of the next election isn’t compromised.” McGrath complains that prosecutors in Ramsey and Hennepin Counties have ignored their findings, including a list of hundreds of allegedly illegal voters from those counties. A spokesman for the county attorney’s offices says the group’s information is “just plain wrong” and full of errors. McGrath says the group went back and double-checked its records after being told that its findings were wrong. He says: “What we did this time is irrefutable. We took the voting lists and matched them with conviction lists and then went back to the records and found the roster lists, where voters sign in before walking to the voting booth, and matched them by hand. The only way we can be wrong is if someone with the same first, middle, and last names, same year of birth as the felon, and living in the same community, has voted. And that isn’t very likely.”
County Prosecutors: Group's Claims Largely Erroneous - Phil Carruthers, Ramsey County’s lead prosecutor, says his office is taking the allegations seriously and praises the group for doing “a good job in [its] review.” But, Carruthers notes, the group lacks access to nonpublic information, and that information shows that almost all of the names on the list are of eligible voters. For example, Carruthers says, “public records might show a felon was given 10 years probation, but internal records the county attorney has might show that the probation period was cut to five and the felon was eligible to vote.” Carruthers says Ramsey County is filing charges against 28 people for illegally voting, with more charges possible. McGrath says: “Prosecutors have to act more swiftly in prosecuting cases from the 2008 election to deter fraud in the future, and the state has to make sure that existing system, that flags convicted felons so voting officials can challenge them at the ballot, is effective. In 90 percent of the cases we looked at, the felons weren’t flagged. If the state had done that, things might be very different today.” [Fox News, 7/12/2010]
Governor Weighs In, Implying Franken Won Illegally - Two days after the allegations surface in the press, Governor Tim Pawlenty (R-MN) says the organization may have found “credible evidence” of voter fraud. On Fox News, Pawlenty says of the allegedly illegal votes: “I suspect they favored Al Franken. I don’t know that. But if that turned out to be true they may have flipped that election in a very close election.” Wall Street Journal columnist John Fund has stated flatly on Fox that “hundreds of felons” gave Franken the victory. But Carruthers tells a reporter, “Overwhelmingly, their statistics were not accurate.” Deputy Hennepin County Attorney Pat Diamond adds: “It’s produced a lot of smoke. But at the end of the day, I don’t know if it’s going to produce a lot of fire.” Carruthers says that the list of 480 suspected felons was obviously wrong from the outset, and 270 were removed upon a cursory review. Many other cases were examples of mistaken identity, or the list not taking into account felons who had their right to vote restored. The 28 cases flagged by Carruthers for potential prosecution had already been identified before he received Minnesota Majority’s list, he says. Diamond says much the same of the list of alleged illegal voters in Hennepin County.
Allegations Being Made for Political Purposes? - Local reporter John Croman notes that the allegations are being used by conservatives to push for restrictive voter ID laws. He writes: “Valid ID is needed to register, but not to vote. And yet both of the prosecutors [Carruthers and Diamond] pointed out there’s nothing to keep a felon from using legal ID to vote illegally.” While Minnesota Majority is blaming Secretary of State Mark Ritchie (D-MN) for the alleged felon voting, Diamond says Ritchie has worked diligently to make the state’s voting rolls more accurate and current. “He’s gotten the system into this century, so it’s actually much easier to prevent felons from voting now,” Diamond says. “I’m going to trial in August with two cases of felons who voted, that were flagged by election workers.” Law professor David Schultz says Pawlenty’s response is surprising: “One, it makes an assumption that it’s been proven that these felons have voted illegally, which isn’t the case. And, two, it makes the assumption that these felons voted overwhelmingly in favor of Franken.” Schultz says he believes Pawlenty is posturing for his upcoming presidential bid: “There’s a certain segment of the population, people who believe Democrats can’t win unless felons and immigrants vote illegally. He’s trying to appeal to that group to further his presidential campaign.” But if that is the case, Schultz says, Pawlenty is casting aspersions on the integrity of Minnesota’s election system for political gain. [Minneapolis Star-Tribune, 7/14/2010; KARE-11, 7/15/2010]
Months Later, Six Charges Filed - In October 2010, six felons in Hennepin County will be charged with voting illegally (see October 21, 2010).

Entity Tags: Mark Ritchie, Dan McGrath, County of Ramsey (Minnesota), County of Hennepin (Minnesota), Al Franken, David Schultz, John Fund, Tim Pawlenty, John Croman, Pat Diamond, Norm Coleman, Minnesota Majority, Phil Carruthers

Timeline Tags: Domestic Propaganda

Category Tags: Voter Fraud/Disenfranchisement

Minnesota political and sports columnist Jay Weiner writes of his irritation at the recent claims that Senator Al Franken (D-MN) won the 2008 Senate election because felons voted illegally (see July 12-14, 2010). Weiner became a political reporter during the recount between Franken and incumbent Norm Coleman (R-MN—see June 30, 2009), and has written a book on the subject, This Is Not Florida: How Al Franken Won the Minnesota Senate Recount. Weiner notes that the claims by the conservative organization Minnesota Majority are disputed by a number of judges and even, grudgingly, the Coleman campaign’s lawyers. Coleman is now calling Franken the “accidental senator,” Weiner writes, and Governor Tim Pawlenty (R-MN) is casting doubt on Franken’s legitimacy as senator. The story is being pushed by Fox News and by conservative talk show hosts. Weiner notes that research into Minnesota Majority’s claims has proven the claims to be groundless and the organization’s “proof” inaccurate. Weiner says he is angered by the implication that if voter ID laws were in place, those alleged felon votes would not have been cast and Coleman would have won. “This is a long-standing Republican issue to limit voting among the disenfranchised,” Weiner writes. “Republican gubernatorial candidate Tom Emmer has used this controversy to call for picture IDs for voters. But guess what? Convicted felons have driver’s licenses. They have photo IDs. Voter photo IDs wouldn’t halt felons from voting. This Minnesota Majority report is being used for other political reasons.” He accuses Pawlenty of being “fast and loose” with the facts in his eagerness to smear Franken, and cites Pawlenty’s appearance on Fox to falsely accuse a Minneapolis election official of possible fraud (see November 12, 2008), and his erroneous claim that Franken won the election through the auspices of improperly counted absentee ballots. But regardless of what else happens, Weiner concludes, the issue will resurface in 2014, when Franken’s Republican challenger will resurrect the charges to attack Franken’s legitimacy as a sitting senator. [Salon, 7/19/2010]

Entity Tags: Jay Weiner, Al Franken, Fox News, Tom Emmer, Minnesota Majority, Norm Coleman, Tim Pawlenty

Category Tags: Voter Fraud/Disenfranchisement

A heated battle is brewing in Florida over state constitutional Amendments 5 and 6, which if voted into effect in November, would create stricter rules for Florida legislators to follow while redrawing state districts. Proponents say that Florida’s electoral districts are gerrymandered to create a few districts “packed” with African-American voters, and large numbers of districts dominated by white voters. As a result, the white voters, who tend to vote Republican, are able to vote in majorities of Republican lawmakers to the Florida legislature, and the US Congress, year after year. The amendments would ban the practice of drawing political districts to favor or disfavor an incumbent or political party. Amendment 5 pertains to legislative districts, while Amendment 6 deals with congressional districts. The political action committee (PAC) Protect Your Vote (PYV) is one of the most powerful and well-financed groups opposing the new amendments; the amendments are being pushed by groups such as Fair Districts Now, which proposed the amendments and secured enough backing for them to get them on November’s ballots. PYV, which portrays itself as nonpartisan, argues that Amendments 5 and 6 would make redistricting a long, expensive process and would in the long run result in a decrease in minority representation in Congress and the Florida legislature. However, an investigation by the Florida Independent turns up information that may call PYV’s motives into question. The head of the group is former Florida Secretary of State Kurt Browning, a Republican who left the position after state laws governing retirement changed. Browning retired before the new laws could take effect, that would have prevented him from retiring and then returning to his old job and essentially drawing two salaries at once. Browning was a strong advocate for the controversial 2005 Voter Registration Verification Law, the so-called “No Match, No Vote” law that forced new voters to submit identifying numbers to the state before they are allowed to vote (see September 17, 2007). The law effectively disenfranchised almost 8,000 voters, the majority of whom were African-Americans and Hispanics, and over three-quarters of whom were registered Democrats. PYV’s honorary chairman is Representative Corrine Brown (D-Jacksonville), believed by critics to be against the amendments “solely to keep the large majority she enjoys in her district in order to keep her seat safe from challengers,” according to a report by Sunshine State News. Critics say Brown gives PYV a veneer of bipartisanship, but the organization is funded almost entirely by Republican donors and the steering committee is made up of three Democrats and 12 Republicans. Two-thirds of the organization’s funding—some $1.2 million—comes from the Florida Republican Party. The listed address of the organization, in Tampa, is an accounting firm, Robert Watkins & Company; Robert Watkins’s wife Nancy Watkins is a veteran Republican political operative. [Florida Independent, 10/6/2010; Florida Independent, 10/22/2010]

Entity Tags: Protect Your Vote, Corrine Brown, (Florida) Voter Registration Verification Law of 2005, Fair Districts Now, Florida Independent, Robert Watkins, Robert Watkins & Company, Kurt Browning, Sunshine State News, Nancy Watkins

Category Tags: Election, Voting Laws and Issues, Voter Fraud/Disenfranchisement, Voting Rights

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

Category Tags: Voting Rights, Court Procedures and Verdicts, Election, Voting Laws and Issues, Voter Fraud/Disenfranchisement

Authorities in Hennepin County, Minnesota, charge six convicted felons with voting illegally in the 2008 election. The charges accuse the six of fraud in voting or in registering to vote. The charges come after months of investigation into 110 allegations of voter fraud (see July 12-14, 2010). All six signed a voter registration card on or before November 4, 2008 stating that they had the right to vote because they had not been convicted of a felony or had been discharged from their sentence. [Minneapolis Star-Tribune, 10/21/2010]

Entity Tags: County of Hennepin (Minnesota)

Category Tags: Voter Fraud/Disenfranchisement

In a somewhat sarcastic column, conservative author Ann Coulter advocates the repeal of the 26th Amendment, which gave 18-year-olds the right to vote (see July 5, 1971), apparently in an effort to make it more difficult to re-elect President Obama. Coulter writes: “[T]he argument for allowing children to vote was that 18-year-olds could drink and be conscripted into the military, so they ought to be allowed to vote. But 18-year-olds aren’t allowed to drink anymore. We no longer have a draft. In fact, while repealing the 26th Amendment, we ought to add a separate right to vote for members of the military, irrespective of age.… Eighteen- to 26-year-olds don’t have property, spouses, children, or massive tax bills. Most of them don’t even have jobs because the president they felt so good about themselves for supporting wrecked the economy.” (Coulter is referring to Obama and the fact that young voters turned out in record-breaking numbers to vote for him in 2008.) Coulter cites research showing that human brains “are not fully developed until age 25 and are particularly deficient in their frontal lobes, which control decision-making, rational thinking, judgment, the ability to plan ahead and to resist impulses. Unfortunately, we didn’t know that in 1971. Those of you who have made it to age 26 without dying in a stupid drinking game—and I think congratulations are in order, by the way—understand how insane it is to allow young people to vote. It would almost be tolerable if everyone under the age of 30 just admitted they voted for Obama because someone said to them: ‘C’mon, it’s really cool! Everyone’s doing it!’ We trusted them, and now we know it was a mistake.” Except for 1980, when young voters voted for Ronald Reagan and Jimmy Carter in almost equal amounts, young voters have, Coulter writes, “consistently embarrassed themselves,” presumably by voting for Democrats. The 2008 results, Coulter writes, prove that “[t]oday’s youth are the infantilized, pampered, bicycle-helmeted children of the Worst Generation. They foisted this jug-eared, European socialist on us and now they must be punished. Voters aged 18 to 29 years old comprised nearly a fifth of the voting population in 2008 and they voted overwhelmingly for Obama, 66 percent to 31 percent. And it only took 12 to 14 years of North Korean-style brainwashing to make them do it! At least their teachers haven’t brainwashed them into burning books or ratting out their parents to the Stasi yet. (Of course, before teaching them book-burning, at least their professors would be forced to teach them what a book is.) It would make more sense to give public school teachers and college professors 20 votes apiece than to allow their impressionable students to vote.… Young people voted for Obama as a fashion statement.… Liberals fight tooth-and-nail to create an electorate disposed to vote Democratic by, for example, demanding that felons and illegal aliens be given the vote. But it’s at least possible that illegal aliens and criminals pay taxes or have fully functioning frontal lobes. Republicans ought to fight for their own electorate, which at a minimum ought to mean voters with fully functioning brains and the possibility of a tax bill. Not old enough to buy your own health insurance, not old enough to vote.” [Town Hall (.com), 11/10/2010]

Entity Tags: Ann Coulter, Barack Obama

Category Tags: Election, Voting Laws and Issues, Voter Fraud/Disenfranchisement, Voting Rights

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

Category Tags: Election, Voting Laws and Issues, Voter Fraud/Disenfranchisement, Voting Rights

An image from a ‘Team Themis’ proposal given to the US Chamber of Commerce in late 2010.An image from a ‘Team Themis’ proposal given to the US Chamber of Commerce in late 2010. [Source: Docstoc (.com)]The liberal news Web site Think Progress, an affiliate of the Center for American Progress, reports that it has discovered evidence of a potentially illegal scheme to entrap and destabilize political organizations, including Think Progress, that support President Obama and other Democrats. The scheme, in development since November 2010 at least, centers around the US Chamber of Commerce (USCOC), a large trade organization that makes large secret donations to Republican candidates and organizations (see January 21-22, 2010 and October 2010), and a law firm, Hunton and Williams, hired by the USCOC. According to emails secured by Think Progress, Hunton and Williams is working with a set of private security firms—HBGary Federal, Palantir, and Berico Technologies (collectively called “Team Themis”)—to develop tactics to damage progressive groups and labor unions. Some of the organizations and unions targeted include Think Progress, a labor coalition called Change to Win, the Service Employees International Union (SEIU), US Chamber Watch, and StopTheChamber.com. The last two are small organizations dedicated to exposing some of the secretive practices of the USCOC. One project proposed by Team Themis is an entrapment scheme. The proposal called for the creation of a “false document, perhaps highlighting periodical financial information,” to give to a progressive group opposing the USCOC, and then exposing the document as a fraud, thus undermining the credibility of the organization. Another proposal involved using potentially illegal computer-hacking techniques to create what the group calls a “fake insider persona” to “generate communications” with Change to Win and to undermine the credibility of US Chamber Watch. The proposal actually advocates the creation of two such personas, one to be used “as leverage to discredit the other while confirming the identity of the second.” Together, “Team Themis” asked for $200,000 for initial background research and another $2 million for an active disinformation campaign. It is unclear from the emails whether any of the proposals were accepted, and if the disinformation campaign was ever launched. Think Progress was recently provided with the emails by members of “Anonymous,” an online “hacktivist” community responsible for attacking the Web sites of oppressive regimes in Tunisia and Egypt, along with American corporations that have censored the online information repository WikiLeaks. The emails were secured from HBGary Federal after one of that firm’s executives, Aaron Barr, tried to take Anonymous down. Barr claimed to have penetrated the group and intended to sell the data he collected to Bank of America (BoA) and to US federal authorities. In return, Anonymous hackers penetrated Barr’s email account and published some 40,000 company emails. Barr intended to approach Bank of America, Think Progress writes, because WikiLeaks is believed to have sensitive information about the firm that it intends to publish later in the year. BoA hired Hunton and Williams and other law firms to pursue WikiLeaks. BoA’s legal team also targeted Salon columnist Glenn Greenwald, an outspoken supporter of WikiLeaks, saying that it had plans for “actions to sabotage or discredit” him. The USCOC posts a response to Think Progress on its blog dismissing the report as “baseless attacks.” And prominent liberal blogger Marcy Wheeler (see April 18, 2009) says that the Think Progress report will probably “cause the Chamber of Commerce to rethink the spying work with HBGary it apparently has been considering.” [Berico Technologies, 11/3/2010 pdf file; Think Progress, 2/10/2011] Liberal blogger Brad Friedman, who has spent years covering voter suppression tactics by political organizations, will soon learn that he is targeted by Team Themis. An email sent by Barr and provided to Friedman “focused on me included names, personal information, home addresses, etc. of myself, family members, and a number of other members of VR,” Friedman will write. (Velvet Revolution is an “umbrella group” that includes StopTheChamber.) “Part of the plan included highlighting me as a ‘Tier 1’ player in a sophisticated disinformation/discrediting scheme that relied on high-tech tools developed for the US government’s ‘War on Terror.’ Team Themis’ US Chamber of Commerce plan was to deploy the very same techniques and technology used to track terrorists, terror organizations, and nations such as Iran, against private non-profit political advocates and citizens in the US.” The email also lists the names of people whom Barr clearly believes to be Friedman’s wife and two children (Friedman says the names listed are not family members—he is not married and has no children). The email also lists a Maryland address as Friedman’s home—another error, as Friedman lives in another state. Friedman will write that obviously Barr and his researchers found another, unrelated person named Brad Friedman and learned personal details about that person and his family. Prominent officials such as Ilyse Hogue of MoveOn.org and Robert Weissman of Public Citizen are also listed for “targeting.” [Brad Friedman, 2/14/2011]

Entity Tags: Democratic Party, Change to Win, WikiLeaks, Berico Technologies, Barack Obama, Bank of America, Aaron Barr, US Chamber Watch, Think Progress (.org), US Chamber of Commerce, Service Employees International Union, Ilyse Hogue, Marcy Wheeler, Hunton and Williams, Glenn Greenwald, HBGary Federal, StopTheChamber.com, Robert Weissman, Palantir, Brad Friedman

Category Tags: Freedom of Speech / Religion, Voter Fraud/Disenfranchisement

Ohio Governor John Kasich (R-OH) signs a sweeping election measure that may, if it goes into effect, prevent hundreds of thousands of Ohio citizens from voting in November. Parts of the law are being challenged in court, and an effort to repeal it via a voter referendum is underway. The law shortens Ohio’s early voting period, bans in-person early voting on Sunday (a measure many believe is designed to thwart the historic “Souls to the Polls” activities often used by African-American churches to help their congregations vote), and prohibits boards of election from mailing absentee ballot requests to voters. Democrats in the Ohio legislature fought against the bill, but were outvoted in the final votes in both chambers. Former Ohio Secretary of State Jennifer Brunner (D-OH) says the law places undue barriers on voters and must be repealed. “It’s an accumulation of small procedural changes that add up to be the potential for long lines, dissatisfied voters, and less certainty on election results,” she says. Many of the law’s provisions came from current Secretary of State Jon Husted (R-OH). He has argued that Ohio’s 88 counties need uniform voter procedures. He claims the law has no political aspects nor any political ramifications. Brunner and other critics admit that parts of the bill are positive, particularly language that brings Ohio’s elections laws in line with federal court decisions, and they do not intend to challenge the law’s moving the state’s presidential primary from March to May. Provisions being challenged include:
bullet reducing the early-voting window from the current 35 days before Election Day to 21 days for voting by mail and 17 days for voting in person, eliminating the so-called “golden week” when people could register and vote on the same day;
bullet limiting Saturday in-person, early voting from 8 a.m. to noon and banning Sunday voting outright;
bullet prohibiting in-person early voting the weekend before Election Day;
bullet banning local boards of elections from mailing unsolicited absentee ballot requests to voters and prohibiting the boards from paying the return postage on the applications or ballots; and
bullet specifying that poll workers may—but are not required—to tell voters they are in the wrong precinct. [American Civil Liberties Union, 2011; Associated Press, 7/15/2011; Columbus Dispatch, 7/29/2011]
The law does not contain a controversial voter ID provision, but House Republicans want the Senate to pass a separate photo ID requirement later in July. The Senate seems to be leaning towards allowing a voter ID provision, but giving voters without the “proper” identification the alternative of casting a provisional ballot, a measure supported by Husted. Representative Lou Blessing (R-OH) says, “It’s almost ludicrous to think anyone is being suppressed” by the bill. [Columbus Dispatch, 7/29/2011] Many critics find the provision that allows poll workers to refuse to help voters to be particularly onerous. State Senator Nina Turner (D-OH) notes, “Voting in the wrong precinct led to over 14,000 registered voters statewide [losing] their vote in 2008,” a statement rated “true” by the nonpartisan fact-checking organization PolitiFact. Most of those votes were cast in what the Cleveland Plain Dealer called “urban and impoverished areas of the state,” which traditionally lean Democratic. Turner says of state Republicans, “I guess the loss of votes for some doesn’t matter.” [Think Progress, 7/5/2011] Overall, the Columbus Dispatch will conclude that some 234,000 voters in Columbus alone who successfully cast their ballots in 2008 would find themselves either entirely disenfranchised by the new law or facing new hurdles to casting their votes. Representative Marcia Fudge (D-OH) says the law overturns many of the reform measures passed after the 2004 elections, when many critics believe voter restrictions had a huge impact on the outcome in the presidential election in Ohio. “The only reason to limit these requirements is to limit voting and to strip targeted populations of their right to vote,” she says. “Anyone who values our democracy can understand why it is necessary to make voting easier for citizens, not more difficult.” Ohio Board of Elections chairman Doug Preisse, who chairs the Franklin County Republican Party, is also concerned about the new bill. “I could quibble with a few aspects because I’m looking at it from the challenge of running elections in a big county,” he says. “Did they get it right this time? I’m not sure.” [Think Progress, 7/25/2011]

Entity Tags: Cleveland Plain Dealer, Columbus Dispatch, Doug Preisse, Jon Husted, Jennifer Brunner, John Kasich, Marcia Fudge, Lou Blessing, Nina Turner

Timeline Tags: 2012 Elections

Category Tags: Impositions on Rights and Freedoms, Election, Voting Laws and Issues, Voter Fraud/Disenfranchisement, Voting Rights

Rolling Stone reporter Ari Berman writes that Republican lawmakers across the nation have launched “an unprecedented, centrally coordinated campaign to suppress the elements of the Democratic vote that helped elect Barack Obama in 2008. Just as Dixiecrats once used poll taxes and literacy tests to bar black Southerners from voting, a new crop of GOP governors and state legislators has passed a series of seemingly disconnected measures that could prevent millions of students, minorities, immigrants, ex-convicts and the elderly from casting ballots.” The initiative is ostensibly to counter the “epidemic” of “voter fraud” that Republicans insist is not only plaguing the nation, but affecting the outcome of elections. (In 2007, the Brennan Center released a report that found the instance of voter fraud vanishingly small, and concluded that more people die by lightning strikes than commit voter fraud—see 2007). Judith Browne-Dianis of the Advancement Project tells Berman, “What has happened this year is the most significant setback to voting rights in this country in a century.” As far back as 1980, powerful Republican operative Paul Weyrich told evangelical leaders: “I don’t want everybody to vote. As a matter of fact, our leverage in the elections quite candidly goes up as the voting populace goes down.” In 2010, the American Legislative Exchange Council (ALEC), a group founded by Weyrich and funded in part by the billionaire Koch brothers (see 1977-Present, 1979-1980, 1981-2010, 1984 and After, Late 2004, May 6, 2006, April 15, 2009, May 29, 2009, December 6, 2009, November 2009, July 3-4, 2010, August 28, 2010, August 30, 2010, September 24, 2010, January 5, 2011, October 4, 2011, and February 14, 2011), began working to disenfranchise hundreds of thousands, perhaps millions, of legitimate voters, almost of all identified as being part of ethnic or gender groups that are more likely to vote Democratic. Thirty-eight states have submitted legislation designed to impede voting “at almost every step of the electoral process.”
Requiring Proof of Citizenship - Kansas and Alabama now require would-be voters to show proof of US citizenship before being allowed to vote.
Impeding Voter Registration - Florida and Texas have passed legislation making it more difficult for groups like the League of Women Voters, an organization widely considered to lean Democratic, to register new voters. Maine repealed same-day registration, which had been in effect since 1973 and had worked to significantly increase voter participation. The Florida legislature passed a law requiring groups to hand in voter registration forms within 48 hours of collection, and imposed what Berman calls “a barrage of onerous, bureaucratic requirements” and serious criminal penalties for those who fail to comply. As a result, many people who once volunteered to help register voters are afraid to do so again. The League of Women Voters says it will no longer operate in Florida, and called Florida’s efforts “good old-fashioned voter suppression.” The Florida statute took effect one day after its passage, under an emergency statute designed for “an immediate danger to the public health, safety or welfare.” Since 2009, Florida has arrested a total of three people for suspected voter fraud. Republican state senator Mike Fasano, one of the few in his party to oppose the restrictions on registrations, says, “No one could give me an example of all this fraud they speak about.”
Curbing Early Voting - Florida, Georgia, Ohio, Tennessee, and West Virginia have cut short early-voting periods. Six states have moved to impose new restrictions on voter registration drives. In 2004, then-Florida governor Jeb Bush (R-FL) said he thought early voting was “great.… It’s another reform we added that has helped provide access to the polls and provide a convenience. And we’re going to have a high voter turnout here, and I think that’s wonderful.” However, his successor Rick Scott (R-FL) does not agree, and neither do most Republicans. After analysis showed what a benefit early voting was for Obama’s numbers, early voting became a key target. Florida has cut early voting days from 14 to 8 days. Ohio, where early voting numbers gave Obama a narrow victory in 2008, has cut its early voting days from 35 to 11, with only limited hours on weekends. Both states have banned voting on the Sunday before elections, when many black churches historically mobilize their constituents. The Early Voting Information Center at Reed College states, “There is no evidence that any form of convenience voting has led to higher levels of fraud.”
Denying Convicted Felons the Right to Vote - Florida and Iowa have passed laws denying convicted felons the right to vote, disenfranchising thousands of previously eligible voters even if they have already served their sentences and have returned to society. Former Florida Governor Charlie Crist (R-FL) restored the voting rights of 154,000 felons convicted of non-violent crimes. In March 2011, after 30 minutes of public debate, Governor Scott overturned that decision, instantly disenfranchising almost 98,000 citizens and prohibiting another 1.1 million convicts from being allowed to vote after they are released from prison. Former President Bill Clinton asked in July: “Why should we disenfranchise people forever once they’ve paid their price? Because most of them in Florida were African-Americans and Hispanics and would tend to vote for Democrats—that’s why.” Iowa Governor Terry Branstad (R-IA) recently took a similar action, overturning his predecessor’s decision to restore voting rights to some 100,000 ex-felons. Until recent years, Iowa saw up to five percent of its residents ineligible to vote, including 33 percent of its African-American residents. Florida, Iowa, Kentucky, and Virginia require former felons to apply for the right to vote to be restored.
Voter Identification - Six states—Alabama, Kansas, South Carolina, Tennessee, Texas, and Wisconsin, all controlled by Republican governors and legislatures—have passed laws requiring an official government ID to cast a ballot. Berman notes that some 10 percent of US citizens lack such identification, and the number of young and black voters, groups that traditionally lean Democratic, are much higher. The turn towards voter ID requirements began in 2008, when the US Supreme Court upheld an Indiana photo-ID requirement even though state lawyers could not produce a single instance of the kind of voter fraud that photo ID laws are designed to prevent. After the ruling, ALEC orchestrated a nationwide move towards photo ID requirements. ALEC wrote draft legislation for Republican legislators based on Indiana’s ID requirement. Five of the states that passed those laws had their legislation submitted by legislators who belong to ALEC. Heather Smith, president of the voter-registration group Rock the Vote, says: “We’re seeing the same legislation being proposed state by state by state. And they’re not being shy in any of these places about clearly and blatantly targeting specific demographic groups, including students.” In Texas, the Republican-dominated legislature passed “emergency” legislation that was signed into law by Governor Rick Perry saying that a concealed-weapons permit is acceptable ID, but a college ID is not. Republicans in Wisconsin effectively disenfranchised every college student by requiring that acceptable IDs contain information that no colleges put on their IDs. Dane County board supervisor Analiese Eicher says, “It’s like creating a second class of citizens in terms of who gets to vote.” In Wisconsin, for example, about half of African- and Hispanic-American citizens do not have a driver’s license, and the state has an extremely small number of Department of Motor Vehicles (DMV) offices—some of which are only open one day a month. Governor Scott Walker (R-WI) attempted to close 16 DMV offices, all in heavily Democratic-voting areas. Berman notes, “Walker planned to close a DMV in Fort Atkinson, a liberal stronghold, while opening a new office 30 minutes away in the conservative district of Watertown.” Democratic governors in five states—Minnesota, Missouri, Montana, New Hampshire, and North Carolina—have all vetoed ID laws. Voters in Mississippi and Montana are considering ballot initiatives requiring voter IDs. Legislation is currently pending in Pennsylvania. Perhaps the most restrictive law was signed into effect by South Carolina Governor Nikki Haley (R-SC). Voters must have a free state ID to vote—but they must pay for a passport or birth certificate. Brown-Dianis says, “It’s the stepsister of the poll tax.” Many elderly black residents who were born at home in the segregated South and were never issued birth certificates can no longer vote unless they go to family court to prove their identity.
Significant Impact on 2012 Voting - Berman writes that when these measures are taken in the aggregate, the turnout of Democrats to the 2012 votes will be significantly smaller, perhaps enough to throw races to Republican candidates. In July, Clinton told a group of student activists: “One of the most pervasive political movements going on outside Washington today is the disciplined, passionate, determined effort of Republican governors and legislators to keep most of you from voting next time. Why is all of this going on? This is not rocket science. They are trying to make the 2012 electorate look more like the 2010 electorate than the 2008 electorate.” Clinton was referring to the 2010 elections, widely considered a Republican “wave” election in part because of far smaller turnouts among young and minority voters than in 2008, and because of a large number of “tea party” voters. Clinton added, “There has never been in my lifetime, since we got rid of the poll tax and all the Jim Crow burdens on voting, the determined effort to limit the franchise that we see today.”
Cracking Down on Voter Fraud? - Republicans insist that voter fraud is rampant in America. Since George W. Bush took office in 2001 after losing the popular vote (see 9:54 p.m. December 12, 2000), his administration made “voter fraud” a top priority for Justice Department prosecutors. In 2006, the DOJ fired two US Attorneys who refused to prosecute patently fraudulent voter fraud allegations. Bush advisor Karl Rove called voter fraud “an enormous and growing problem.” He told the Republican National Lawyers Association that America is “beginning to look like we have elections like those run in countries where the guys in charge are colonels in mirrored sunglasses.” The Republicans successfully destroyed the community activism group ACORN (Association of Community Organizations for Reform Now) after false allegations were made that it was, as Berman writes, “actively recruiting armies of fake voters to misrepresent themselves at the polls and cast illegal ballots for the Democrats.” A massive DOJ probe in 2006 and 2007 failed to prosecute a single person for intentionally impersonating another person at the polls, an action that the DOJ claimed was at the heart of the voter fraud investigation. Eighty-six cases of voter fraud did win convictions, but most of those were immigrants and former felons who did not intentionally cast illegal votes. An enormous investigation in Wisconsin resulted in 0.0007 percent of the electorate being prosecuted for voter fraud. And the Brennan Center report found the instance of voter fraud in America extraordinarily small (see 2007).
Voter Fraud Allegations Dog Obama Victory - Republican lawmakers and activists made a raft of allegations after the November 2008 elections that placed the White House in the hands of Barack Obama (D-IL). The 29 states that register voter affiliation showed a roughly 2-1 increase in new Democratic voters over Republicans for 2008, and Obama won almost 70 percent of those votes. Election reform expert Tova Wang says flatly, “This latest flood of attacks on voting rights is a direct shot at the communities that came out in historic numbers for the first time in 2008 and put Obama over the top.” Berman cites Kansas Secretary of State Kris Kobach as emblematic of the Republican pushback against the Obama victory. Kobach is a former Bush-era Justice Department advisor who helped push through his state’s requirement that every voter prove his or her citizenship, ignoring the fact that Kansas has prosecuted exactly one case of voter fraud since 2006. Kobach used fear of illegal immigrants to help push his requirement through, stating without evidence, “In Kansas, the illegal registration of alien voters has become pervasive.” He also stated that many people were casting ballots in the name of dead voters, and cited the example of Alfred K. Brewer as a dead voter who mysteriously voted in 2008. However, as the Wichita Eagle showed, Brewer is very much alive. “I don’t think this is heaven,” Brewer told the Eagle, “[n]ot when I’m raking leaves.” Representative John Lewis (D-AL), a civil rights crusader who was brutally beaten during the 1960s effort to win voting rights for African-Americans, says bluntly, “Voting rights are under attack in America.” On the House floor in July, Lewis told the assemblage, “There’s a deliberate and systematic attempt to prevent millions of elderly voters, young voters, students, minority and low-income voters from exercising their constitutional right to engage in the democratic process.”
Fighting Voter Disenfranchisement - Voting-rights organizations are fighting back as best they can. The American Civil Liberties Union (ACLU) is challenging several of the new voter-restriction laws in court. Congressional Democrats are pushing the Department of Justice to block or weaken laws that impede minority voters from exercising their rights. Lewis says, “The Justice Department should be much more aggressive in areas covered by the Voting Rights Act.” Meanwhile, many voting-rights experts predict chaos at the polls in November 2012, as voters react with confusion, frustration, and anger at being barred from voting. “Our democracy is supposed to be a government by, of, and for the people,” says Browne-Dianis. “It doesn’t matter how much money you have, what race you are, or where you live in the country—we all get to have the same amount of power by going into the voting booth on Election Day. But those who passed these laws believe that only some people should participate. The restrictions undermine democracy by cutting off the voices of the people.” [Rolling Stone, 8/30/2011]

The Virginia Republican Party will require voters to sign a loyalty oath in order to participate in the March 6 presidential primary. In order to vote in the primary, Virginians will have to sign a form at the polling place pledging to support the eventual Republican nominee for president. Any voter who refuses to sign the oath would not be allowed to vote. The State Board of Elections voted 3-0 to approve the forms as requested by the Virginia GOP. The oath is legal under Section 24.2-545 of the Code of Virginia. The oath reads, “I, the undersigned, pledge that I intend to support the nominee of the Republican Party for president.” The voter must then sign the form and print his or her name. Only two candidates, Mitt Romney (R-MA) and Ron Paul (R-TX), will be on the ballot; other Republican candidates either did not garner enough signatures to qualify or did not seek to be placed on the ballot. Virginia has “open” primaries, which means that voters from any party, or unaffiliated voters, may vote in any party’s primary, although voters must only vote in one primary of their choosing. In the 2000 GOP presidential primary, voters were required to sign a pledge reading, “I, the undersigned, state that I do not intend to participate in the nomination process of any other party than the Republican Party.” Virginia did not hold a GOP primary election in 2004 because President Bush was running uncontested for re-election. For the 2008 elections, the Virginia GOP chose not to require a loyalty oath, partially because Democrats were voting in their own primary election. In 2012, there will be no Virginia Democratic primary because President Obama will be the only Democrat on the ballot. GOP State Delegate Robert Marshall says he disagrees with the idea of a loyalty oath, and that such a thing does not fit in with the philosophy espoused by the Republican Party. “Ironically, requiring a loyalty oath will bar even former US House Speaker Newt Gingrich [another presidential candidate who is not on the ballot] from voting in the primary because he already has said unequivocally that he will not vote for Ron Paul for president if he’s the Republican nominee,” Marshall says. “Virginia’s Republican leadership wants to mandate a loyalty oath when Virginia’s Republican officials are in court fighting the Obamacare mandate? This sends the wrong message.” [Inside NoVA, 12/29/2011; Inside NoVA, 12/29/2011]

Entity Tags: Virginia State Board of Elections, Newt Gingrich, Republican Party, Virginia Republican Party, Robert Marshall, Ron Paul, Willard Mitt Romney

Category Tags: Election, Voting Laws and Issues, Voter Fraud/Disenfranchisement

Thomas Tolbert and Buddy.Thomas Tolbert and Buddy. [Source: Andelino (.com)]The husband of a staff member working for Senate candidate Heather Wilson (R-NM) is responsible for a voter registration stunt involving the illegal registration of a dog. On February 20, Thomas Tolbert approaches a voter registrar at the University of New Mexico and asks to register to vote. According to a later interview Tolbert gives to KOB-TV reporter Danielle Todesco, he gives a false Social Security number and date of birth, and uses his dog’s name “Buddy” to complete the registration form. (He fills out the form as “Buddy Tolbert.”) He then signs the form, which reads, “I swear or affirm… that all information I have provided is correct.” An investigation shows that Tolbert is married to Heather Wade, a senior staff member for Wilson’s campaign for reelection. Tolbert and Wade share the Albuquerque home whose address is on the registration card, which Tolbert mails in to secure the registration. Tolbert (whose identity is concealed by Todesco for broadcast; Tolbert soon identifies himself to the press) tells Todesco that he has received the registration card. Falsifying a voter registration form, as Tolbert admittedly does, is a felony in New Mexico. The organization ProgressNow New Mexico asks for a police investigation into the apparent voter registration fraud. Group spokesperson Pat Davis says: “This new information raises the stakes significantly. Heather Wilson’s team is undermining the integrity of our voting system from their kitchen tables. And they are using her payroll to do it.” Wilson’s campaign manager Bryce Dustman attempts to distance the campaign from the stunt, saying: “This was very poor judgement by a family member of an employee. He has apologized and this matter is between him and the county clerk.” Tolbert himself issues a statement saying that neither his wife nor Wilson were aware of his actions. “I made a mistake and I want to apologize to Bernalillo County Clerk, Maggie Toulouse Oliver, my wife, who was not aware of my actions, and the public,” he states. “I will take full responsibility for my actions.” Todesco says she has not been contacted by the police, and says Tolbert did not inform her that his wife worked for Wilson. “I do however find it odd that his wife would allow him to do a news story while being employed by a such a high-profile person,” she says. “But that’s just my opinion. It’s completely up to them how they handle that.” Wilson won national attention in 2006 by pushing for the firing of then-US Attorney David Iglesias for Iglesias’s alleged lack of enthusiasm in pursuing alleged cases of voter fraud. Tolbert later denies ever asking Todesco for anonymity, in conflict with Todesco’s own statements, and says he carried out the stunt to show how simple it is to commit voter fraud. He denies his action had anything to do with the Wilson campaign. He says he had “suspicions about the consequences, but never truly researched them” before registering his dog to vote. “I thought the county would be more concerned about fixing the problem rather than trying to prosecute me,” he adds. “Once again no voter fraud actions were taken. I outed myself to show the problem.” [TPM Muckraker, 3/1/2012; ProgressNow New Mexico, 3/1/2012] In the interview with Todesco, he says: “They should verify. Somebody should have verified this information and somebody should have come out and took a look at exactly who it was. But I made up a birth date, and I made up a social security number and I had a voter registration card in my hand for Buddy two weeks later.” Tolbert registers his dog as a Democrat. [TPM Muckraker, 3/1/2012]

Entity Tags: ProgressNow New Mexico, Thomas Tolbert, Pat Davis, Heather Wade, David C. Iglesias, Maggie Toulouse Oliver, Danielle Todesco, KOB-TV, Heather A. Wilson, Bryce Dustman

Category Tags: Voter Fraud/Disenfranchisement

Rolling Stone magazine reports that despite no evidence of voter fraud except in extremely isolated incidents, Republicans in over a dozen states are passing laws that disenfranchise voters under the guise of “protecting the vote” (see August 30, 2011). The voters most affected by these laws, the magazine reports, are more likely to vote Democratic in national and state elections. Governor Rick Scott (R-FL), who is fighting the Justice Department to allow him to purge hundreds of thousands of voters from the state electoral rolls, has said: “We need to have fair elections. When you go out to vote, you want to make sure that the other individuals that are voting have a right to vote.” However, a 2007 study by the Brennan Center for Justice at New York University School of Law shows that almost every allegation of voter fraud is false. The chance of a vote being fraudulent, according to the study, is 0.0004 percent (see 2007).
Double Voting - Many claim that “double voting,” or a single voter casting a vote twice or more, is a rampant issue. In reality, it almost never occurs. The allegations that are made almost always result from different people with similar or even identical names casting separate votes, or simple clerical errors, such as voters being counted as having cast their ballots when in reality they did not. In Missouri in 2000 and again in 2002, hundreds of “double votes” were alleged to have been cast, with some allegations saying that the same voter cast their votes in Kansas and Missouri. When reporters and other investigators looked into the claims, only four cases were shown to have been actual double voting, for a documented fraud rate of 0.0003 percent.
Dead Voters - These are allegations that living people cast ballots using the names of dead voters. Almost every allegation of this nature has proven to stem from flawed matches of death records and voter rolls. In the 2000 Georgia elections, allegations of 5,412 “dead voter” votes were made over the last 20 years. All but one of those allegations turned out to be an incorrect match between death records and voter rolls. One example: “Alan J. Mandel,” who died in 1997, apparently cast a vote in 1998. In reality, voter Alan J. Mandell—two Ls—cast a legitimate vote. Election workers checked the wrong name off their list.
Voting with Fraudulent Addresses - The allegation is that people use fraudulent addresses to register to vote. Such allegations usually stem from mail coming back from the given address marked undeliverable. In almost every instance, the person in question has moved, the individual piece of mail was misdelivered or misaddressed, or the address is recorded incorrectly. In one instance, New Hampshire election officials became concerned when 88 voters had registered to vote using similar addresses from property belonging to Daniel Webster College. The addressees were legitimate: all 88 voters were students at that school who lived on college property.
Voting by Convicted Felons - This is a favorite allegation: that convicted felons stripped of their right to vote have voted anyway. It happens more often than some other forms of alleged voter fraud, but in almost every case, the felon in question was unaware that his or her right to vote had been taken away, a misapprehension often reinforced by misinformed election officials. Even then, almost every instance of “felon voters” turns out to be a case of clerical error: someone was convicted of a crime that does not result in their right to vote being removed, typographical errors, voters with names similar to that of convicted felons, and so forth. In the 2000 Florida elections, the state claimed that 5,643 ineligible felons had cast illegal votes. The list provided by the state was almost completely populated by eligible voters who were misidentified as ineligible felons.
Voting by Noncitizens - Allegations that US elections are being “thrown” by huge numbers of illegal immigrants casting their votes are widespread. In reality, there is not one case of an illegal immigrant intentionally casting an illicit vote. For example, Washington state officials investigated the citizenship of 1,668 registered voters in 2005, after allegations that they were illegal aliens were raised based on their “foreign-sounding names.” Every one of the voters on the list was legitimate.
Registration Fraud - On occasion, fraudulent registration forms do get submitted. However, the number of cases where a person submitted a form in someone else’s name in order to impersonate that person is extremely small. Some people fill out the forms with deliberately ridiculous information (such as claiming their name to be “Mickey Mouse”), while others make honest mistakes filling out the forms. In a few cases, voter registration workers working on commission have committed fraud in order to make more money. The Brennan Center report found: “Most reports of registration fraud do not actually claim that the fraud happens so that ineligible people can vote at the polls. Indeed, we are aware of no recent substantiated case in which registration fraud has resulted in fraudulent votes being cast.”
Voting by Dogs - The Brennan Center found nine instances of people registering their dogs to vote. Six of those were from people trying to prove a point: that they could register their dogs to vote. (The penalty for registering a dog to vote is up to 30 years in federal prison.) The Brennan report documented two cases of someone casting a vote in the name of a dog. One was submitted in Venice, California, with the word “VOID” and a paw print drawn on the ballot, and another, also cast in Venice, California, was submitted under the name of “Raku Bowman.”
Vote Buying - Rolling Stone notes that this does happen on rare occasions, with campaign officials or others convincing voters to vote for a particular candidate in return for money, food, or cigarettes. But, the magazine notes, this is vote buying, not voter fraud. It, too, is illegal, and will not be curbed by voter ID laws and the like.
Fraud by Election Officials - Like vote buying, this happens on rare occasions, but is not voter fraud per se. Rolling Stone writes, “If election officials are willing to break the law, rules designed to restrict voting won’t stop them.” [Rolling Stone, 6/12/2012]

Entity Tags: US Department of Justice, Brennan Center for Justice, Rolling Stone, Rick Scott

Timeline Tags: 2012 Elections

Category Tags: Election, Voting Laws and Issues, Voter Fraud/Disenfranchisement

Mike Turzai.Mike Turzai. [Source: Wikipedia / Flickr]Mike Turzai (R-Allegheny), the majority leader of Pennsylvania’s House of Representatives, says in a speech to Pennsylvania’s Republican committee that newly passed voter identification laws would help Republican presidential candidate Mitt Romney win the state (see August 30, 2011 and June 12, 2012). “We are focused on making sure that we meet our obligations that we’ve talked about for years,” he says, and begins ticking off a list of what he considers accomplishments: “Pro-Second Amendment? The Castle Doctrine, it’s done. First pro-life legislation—abortion facility regulations—in 22 years, done. Voter ID, which is gonna allow Governor Romney to win the state of Pennsylvania, done.” Critics immediately take Turzai’s remarks as evidence that voter ID laws such as those passed by Pennsylvania are intended to disenfranchise minority voters who are more likely to vote Democratic. Turzai and Republicans who support voter ID laws insist that such laws are intended to stop voter fraud. Pennsylvania Democratic Party spokesman Mark Nicastre says: “Instead of working to create jobs and get our economy back on track, Mike Turzai and the Republicans in Harrisburg have been laser focused on a partisan agenda that simply helps their donors and political allies.… Mike Turzai’s admission that Voter ID only serves the partisan interests of his party should be shocking, but unfortunately it isn’t. Democrats are focused on protecting Pennsylvanians’ rights to vote, and we are working hard to ensure that everyone who is eligible to vote can vote this fall.” Turzai spokesman Stephen Miskin says that voter fraud is a nationwide problem, though no evidence of such a claim has ever been advanced, and anyone who believes Turzai was saying anything untoward “has their own agenda.” Pennsylvania Senator Daylin Leach (D-Montco) disagrees, saying: “This is making clear to everyone what Voter ID was all about. This is about one thing: disenfranchising Democratic voters and rigging elections for Republicans. When they get behind closed doors, they admit it. And that’s exactly what Turzai did.” Pennsylvania has voted for a Democratic presidential candidate in every election since 1988. Political blogger and reporter Kelly Cernetich writes that in 2004, President Bush lost Pennsylvania by 144,248 votes: “That’s at least 144,000 higher than the number of voter fraud convictions in PA since 1988.” [The Grio, 6/25/2012; PoliticsPA, 6/26/2012] Political blogger and reporter Mychal Denzel Smith writes: “The Republican strategy for winning the youth vote, black vote, and low-income vote has been to ensure that no one belonging to any of those three groups is able to vote. The GOP has aggressively pursued some of the most stringent voter ID laws, and since 2010, 16 states have enacted the most restrictive barriers to voting since poll taxes and literacy tests. With the exception of one state, all of these laws have been voted on party lines, with Republican officials voting in favor. Up until now, the party line has been they are ‘protecting the integrity of the vote’ by protecting the American public from the nonexistent issue of voter fraud. In reality, all they have done is made it harder for those constituencies (youth, blacks, low-income) who do not traditionally lean Republican to get into the voting booth.… Turzai just committed a gaffe that will likely garner little public attention but reveals the true motives of the GOP efforts to curb voter fraud.” He notes that a Brennan Center study found that voter fraud occurs in 0.0004 percent of the votes cast throughout the nation (see June 12, 2012). [The Grio, 6/27/2012]

Entity Tags: Pennsylvania House of Representatives, Kelly Cernetich, Daylin Leach, Mark Nicastre, Mychal Denzel Smith, Willard Mitt Romney, Mike Turzai, Stephen Miskin

Timeline Tags: 2012 Elections

Category Tags: Voter Fraud/Disenfranchisement, Voting Rights

Judge Robert Hinkle.Judge Robert Hinkle. [Source: Eddie Curran]US District Judge Robert Hinkle rejects an attempt by the US Department of Justice to block Florida’s attempted purge of what it calls non-citizens, in part because Florida has temporarily suspended the purge. Hinkle says that federal law prohibiting the systematic removal of voters in the months before an election does not apply to non-citizens. Hinkle also accepts Florida’s assurance that it has ended its purge efforts. The Justice Department argued that the purge violates the National Voter Registration Act of 1993 (NVRA—see May 20, 1993), which makes it illegal to perform what the law calls a systematic removal of voters before a federal election. Florida’s primary will be held on August 14. In 2011, Florida’s state motor vehicle agency created a database of some 2,600 people whose citizenship was determined to be “questionable,” but county election supervisors stopped using the database to remove voters from their rolls after concluding the list was unreliable and contained the names of many eligible voters. Justice Department lawyer John Bert Ross called Florida’s effort to purge “non-citizens” a “dragnet” that illegally forces US citizens to prove their legitimacy, though Ross was unable to cite an instance of a legitimate voter being removed from the voting rolls. Ross asked Hinkle to restore the voting rights of everyone purged from the voting rolls, a request that Hinkle rejected, saying: “Leaving ineligible voters on the list is not a solution. Non-citizens should not be voting. People need to know we are running an honest election.” The Florida Secretary of State, Ken Detzner, is suing for access to a US Department of Homeland Security (DHS) database to “better ascertain the citizenship status of voters,” according to Detzner’s attorney Michael Carvin. DHS has so far refused the request. Carvin says that if Detzner receives the data, “I do expect the state to proceed [with the purge] and protect the integrity of the voter rolls.” Hinkle accepts the state’s arguments that it is carrying out its duty to make sure non-citizens do not “dilute” the votes of actual citizens. Hinkle showed some concern that over half of the people on Florida’s “purge list” are Hispanic, saying: “That’s discriminatory, at least in effect. I don’t suggest that that was the purpose of this.” Hinkle also chided Collier County for sending letters to “potential non-citizens” challenging whether people born in Puerto Rico are legitimate US citizens. People born in Puerto Rico are US citizens by law. Collier County elections staffer Tim Durham says the county never sent such a letter. Hinkle says that with the elections approaching, “[t]he federal government and the state government ought to be working together to try to minimize the mistakes” instead of trying to settle the problem in court. Florida Governor Rick Scott (R-FL) praises the ruling, saying, “The court made a commonsense decision consistent with what I’ve been saying all along: that irreparable harm will result if non-citizens are allowed to vote.” Democrats say Scott is trying to suppress legitimate votes in Florida; liberal advocacy group MoveOn.org calls the purge “racist” because of its focus on Hispanics. [Miami Herald, 6/27/2012]

Entity Tags: National Voter Registration Act, John Bert Ross, County of Collier (Florida), Ken Detzner, MoveOn (.org), Robert Hinkle, Michael Carvin, US Department of Justice, Tim Durham, US Department of Homeland Security, Rick Scott

Category Tags: Voter Fraud/Disenfranchisement, Voting Rights

The Minnesota branch of the nonpartisan voting rights organization Common Cause files a complaint against the conservative voting activist group Minnesota Majority, claiming that the nonprofit group broke state law by not registering itself as a lobbying organization. Minnesota Majority is working to implement restrictive voter ID laws in Minnesota. In 2010, the group falsely claimed that felons voting illegally gave Al Franken (D-MN) the victory in the state’s hotly contested 2008 US Senate race (see July 12-14, 2010). Mike Dean of Common Cause Minnesota says: “Minnesota Majority has been caught red-handed in an effort to circumvent Minnesota lobbyist laws. It is time for the Campaign Finance and Public Disclosure Board to more effectively enforce Minnesota’s rules for lobbyists.” The complaint states that Minnesota Majority executive director Dan McGrath should have registered himself as a lobbyist. In recent court filings, McGrath said he started working with legislators “to construct and promote” a photo ID bill for voters in November 2010. The legislature passed the bill in 2012, which places a state constitutional amendment on the November 2012 ballot that would require Minnesotans to show photo ID before voting. McGrath says the complaint is ridiculous, and says he merely offered “expert advice” to legislators on the subject of voter ID. “I’m not a lobbyist,” he says. “A lobbyist would be somebody paid by a corporation to twist arms at the Legislature.” According to state law, a lobbyist is someone who is paid more than $3,000 to lobby, or who spends more than $250 on lobbying or more than 50 hours a month on lobbying. Common Cause says McGrath and Minnesota Majority have spent “significant time and money lobbying in support of the voter ID amendment.” State law prohibits the Campaign Finance and Public Disclosure Board, the entity that is charged with investigating such complaints, from commenting on them until it has ruled. The board’s executive director, Gary Goldsmith, says that there are executive directors of nonprofits who appear at the Capitol to speak about legislation but do not meet the definition of a lobbyist. “It’s fairly easy to separate the pros from the ordinary Joes” when it comes to lobbying, he says. [Minneapolis Star-Tribune, 7/4/2012]

Entity Tags: Common Cause Minnesota, Al Franken, Campaign Finance and Public Disclosure Board (Minnesota), Minnesota Majority, Dan McGrath, Gary Goldsmith, Mike Dean

Category Tags: Voter Fraud/Disenfranchisement

Ohio Secretary of State Jon Husted (R-OH) suspends the two Democrats on the Montgomery County Board of Elections after they refuse to give ground in a conflict over extended in-person early voting hours for the November 2012 election. The elections boards in each Ohio county are made up of two Republicans and two Democrats. Dennis Lieberman and Tom Ritchie Sr. must appear at a hearing in Columbus that will determine whether Husted will remove them from office. Husted’s action is announced in a letter delivered to each of the two, which reads in part, “You leave me no choice but to begin the process necessary to remove you as members of the Montgomery County Board of Elections.” Early voting for Ohio citizens begins on October 2. The debate over in-person absentee voting, often called early voting, has been rancorous in some counties. In counties with strong Republican majorities, both Republicans and Democrats have voted to extend early voting hours for those counties’ residents. But in counties with strong Democratic majorities, Republicans have voted against extending those same voting hours. By law, Husted must cast the tie-breaking votes for those counties, and he has always voted against the voting hour extensions. Democrats in Ohio and other states were furious, saying that Husted was conspiring to dilute the Democratic vote in Ohio; Husted’s explanations have been that his votes saved Ohio money and that voters in those counties had “sufficient time already” for voting. Husted eventually agreed on uniform early voting hours for all 88 of Ohio’s counties, but the uniform hours fail to include weekend hours. Today, before his suspension, Lieberman proposed that Montgomery County continue to offer weekend voting hours, saying that Husted’s directive on the issue did not specifically forbid it. After a heated discussion, the Montgomery elections board voted 2-2 on the issue, sending the matter to Husted. Within hours, Husted replied with a sharply worded letter to the board forbidding the weekend voting hours, ordering the board to meet again that afternoon and rescind the motion, and threatened board members opposing his directive with firing. In the afternoon meeting, Lieberman refuses to rescind his motion. He is joined by Ritchie. Both are suspended later in the afternoon. Lieberman says during the discussion: “I believe that this is so critical to our freedom in America, and to individual rights to vote, that I am doing what I think is right, and I cannot vote to rescind this motion. In 10 years, I’ve never received a threat that if I don’t do what they want me to do, I could be fired. I find this reprehensible.” Republican board member Greg Gantt says during the Friday meeting that he has no intention of challenging Husted on this issue. When Lieberman compares Gantt’s position to that taken at the 1947 Nuremberg trials by Nazi war criminals, Gantt becomes irate, saying: “That’s not called for. Rescind the motion or not and let’s get out of here. I’m not going to sit here and listen to comments like that.… I am so disappointed that we’ve had such a great rapport on this board for the past decade, but it’s all [gone].” Lieberman retorts that Gantt has mocked Democrats’ concerns about being disenfranchised in previous discussions, saying, “I’m sorry if I’ve offended you Greg, but when you refer to our arguments as ‘hypothetical crap,’ I think you should expect some push back, and you got it.” Dozens of county residents attend the meeting, and their comments generally mirror the discussion among board members. Resident Elaine Herrick downplays any hardship caused by the restricted early hours, while Reverend Marty McMichael of a local Methodist Church says the refusal will deny some citizens the opportunity to vote, and predicts: “Whatever happens here today, the community will be strengthened by it. Because either the right thing will happen or the wrong thing will happen, and then we will make our voices known.” After he and Lieberman are suspended, Ritchie says that neither of the Republicans on the board moved to rescind his motion either, and he asks why they, too, were not suspended. “I intend to fight this,” he says. “I already have been in contact with legal counsel, and I’ll be prepared [at the hearing] to answer [Husted’s] allegations.” Ritchie calls the elimination of weekend voting “a continued attempt to suppress Americans from exercising their right to vote.” It is a tradition in many African-American churches for their congregations to go en masse to vote on the Sunday before the scheduled election—sometimes nicknamed “Souls to the Polls”—a tradition that will not be observed this election if Husted’s ruling stands. After suspending Lieberman and Ritchie, Husted announces that he has broken the Montgomery County tie, rejecting the weekend voting, and threatens other board members with suspension and possible firing if they cast their votes for weekend voting times. [Dayton Daily News, 8/17/2012; Buzzfeed, 8/17/2012]

Entity Tags: Marty McMichael, Dennis Lieberman, Elaine Herrick, Montgomery County (Ohio) Board of Elections, Greg Gantt, Tom Ritchie, Sr., Jon Husted

Category Tags: Voter Fraud/Disenfranchisement, Voting Rights

A campaign button for Gary Johnson, who bills himself as ‘The People’s President.’A campaign button for Gary Johnson, who bills himself as ‘The People’s President.’ [Source: Marsh Enterprises / CafePress (.com)]The third-party presidential campaign of former New Mexico Governor Gary Johnson (L-NM) accuses the Pennsylvania Republican Party of breaking the law in trying to keep Johnson off the ballot in that state. Johnson is running on the Libertarian ticket after failing to secure the Republican presidential nomination. Attorney Alicia Dearn writes a letter to the Philadelphia District Attorney’s office asking it to investigate allegations of attempted bribery and false impersonation of an FBI agent by Pennsylvania Republican Party operatives. Dearn writes in part, “Based on what I have been told by witnesses, it is my opinion that the Pennsylvania Republican State Committee has engaged in Watergate-style dirty tricks, in an attempt to keep Gov. Johnson off the ballot.” The allegations center around a private investigator, Reynold Selvaggio, allegedly hired by the Pennsylvania GOP to try to invalidate signatures submitted by the Johnson campaign. The Johnson campaign says that it submitted enough citizen signatures to obtain a place on the state ballot, a claim the Pennsylvania GOP is disputing. Dearn writes that Selvaggio either passed himself off as an FBI agent or implied that he was one (he is a retired FBI agent), and offered $2,000 to Johnson campaign volunteers in return for their testimony that they falsified signatures. Dearn also claims that Selvaggio threatened the volunteers with prosecution when they declined to cooperate. The state Republican Party calls Dearn’s allegations “baseless,” and, according to party spokesperson Valerie Caras, “This is simply a distraction from their own questionable activities.” They allege that Johnson has been working with Pennsylvania Democrats to gain signatures. Selvaggio tells a reporter: “That’s a lie. That’s completely a lie.” Dearn says she has heard similar stories from six different campaign volunteers, and writes, “Should these witness accounts indeed be true, it appears that, in order to bolster their challenge to the Johnson campaign’s candidacy, the Pennsylvania Republican State Committee or its agents sought to obtain witness testimony by unlawful means.” Johnson is on the ballot in 47 states plus the District of Columbia. Republicans in Pennsylvania have succeeded in getting tens of thousands of Johnson signatures invalidated. [Daily Caller, 10/5/2012; New York Times, 10/14/2012] Johnson will succeed in remaining on the Pennsylvania ballot, where state Republicans fear he will drain much-needed votes from the Republican candidate, Mitt Romney (R-MA), even though Republican National Committee (RNC) chairman Reince Priebus calls Johnson a “non-factor” in the election. The chairman of the Pennsylvania GOP, Robert Gleason, is more worried, comparing Johnson’s impact on the race to Green Party candidate Ralph Nader in 2000, when Nader drew just enough votes in Florida to mar Democrat Al Gore’s chance for victory. “This election will be close—if you remember, [former President George W.] Bush lost by only something like 143,000 votes in 2004,” he says. “So we play the game hard here.” Some pundits believe Johnson will hurt President Obama’s chances in Colorado. Republicans say that Conservative Party candidate Virgil Goode, on the ballot in Virginia and 28 other states, may also draw key votes from Romney in several states. Democrats say Johnson may draw key votes from Romney in Nevada, where polls show Romney and Obama essentially tied. [New York Times, 10/14/2012]

Entity Tags: Valerie Caras, Gary Earl Johnson, Barack Obama, Alicia Dearn, Pennsylvania Republican Party, Reince Priebus, Willard Mitt Romney, Virgil Goode, Robert Gleason, Reynold Selvaggio

Category Tags: Voter Fraud/Disenfranchisement, Voting Rights

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