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US Civil Liberties

Voting Rights and Issues

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

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The British colonies in North America carry over the practice of “civil death,” a disenfranchisement stemming from ancient Greek, Roman, Germanic, and Anglo-Saxon law and enforced against some convicted criminals. English law developed the similar punishment of “attainder,” which, law professor Debra Parkes will later write, “resulted in forfeiture of all property, inability to inherit or devise property, and loss of all civil rights.” Those civil rights will encompass the right to vote. When the first British settlement in America is established in Jamestown, Virginia, in 1607, the concept of “civil death” is carried over. The concept continues into the British colonies that will become Canada and the United States. [ProCon, 10/19/2010]

Category Tags: Voting Rights, Election, Voting Laws and Issues

Lawmakers in the British colonies of North America debate whether voting is a right or a privilege under the law. Voting, like many other civil rights, can be denied to convicted criminals under the ancient concept of “civil death” and the English legal concept of “attainder” (see 1607-1776). History and social policy professor Alexander Keyssar will later write that the various colonies have “no firm principles governing colonial voting rights, and suffrage [voting] laws accordingly were quite varied.… In practice, moreover, the enforcement of application of suffrage laws was uneven and dependent on local circumstances.” Many American colonists argue that voting is a privilege and not a right, and thusly can be granted or taken away by the government. Keyssar will write: “Yet there was a problem with this vision of suffrage as a right… there was no way to argue that voting was a right or a natural right without opening a Pandora’s box. If voting was a natural right, then everyone should possess it.” Eventually, the Founders define voting as a constitutional issue. Keyssar will write, “Implicit in this treatment was the notion that suffrage requirements ought to be durable and difficult to change.” [ProCon, 10/19/2010]

Entity Tags: Alexander Keyssar

Category Tags: Voting Rights, Election, Voting Laws and Issues

The US Constitution connects voting in national (federal) elections and state voting law. Under the old Articles of Confederation, ratified in 1777, states retained control over citizen voting rights, including the ability of a state government to take the right of voting away from a citizen under certain circumstances (see 1764 - 1776). History and social policy professor Alexander Keyssar will later write that “the Constitution of the United States forged a link between state suffrage rules and the right to vote in national elections: those who participated in elections for the ‘most numerous branch of the State Legislature‘… there was no formal debate about the possibility of a national standard more inclusive than the laws already prevailing in the states. Indeed, the records of the federal convention and state constitutional conventions suggest that most members of the new nation’s political leadership did not favor a more democratic franchise.” Ultimately, the right to vote is codified by a compromise between the various authors of the Constitution. The right of American citizenship, as controlled by the federal government, does not necessarily grant the right to vote, which is held primarily by the states. [ProCon, 10/19/2010]

Entity Tags: Alexander Keyssar

Category Tags: Voting Rights, Election, Voting Laws and Issues

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

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

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

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

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

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

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

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

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

President Abraham Lincoln warns that powerful corporations threaten to exert undue influence on American elections and upon society in general. In a letter, he warns of “a crisis approaching,” writing: “As a result of the [Civil W]ar, corporations have become enthroned, and an era of corruption in high places will follow. The money power of the country will endeavor to prolong its rule by preying upon the prejudices of the people until all wealth is concentrated in few hands and the Republic is destroyed.” [Connecticut Network, 2006 pdf file]

Entity Tags: Abraham Lincoln

Category Tags: Voting Rights

The Fourteenth Amendment, one of the so-called “Reconstruction Amendments,” is ratified. This amendment makes all persons born or naturalized in the US citizens. It also overturns the Supreme Court decision in Dred Scott v. Sandford, which denied African-Americans, slave or free, the right to citizenship (see March 6, 1857). The amendment also places restrictions on state laws: “No State shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” It grants the US Congress the power to enforce, through legislation, the provisions of the amendment. Beginning in the 1920s, the Supreme Court will begin applying the Fourteenth Amendment to enforce the provisions of the Bill of Rights in states as well as in matters concerning the federal government. [PBS, 12/2006]

Entity Tags: US Congress, US Supreme Court

Category Tags: Citizenship Rights, Court Procedures and Verdicts, Election, Voting Laws and Issues, Voting Rights

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

Entity Tags: US Congress, American Civil Liberties Union

Category Tags: Election, Voting Laws and Issues, Voting Rights

The US Supreme Court uses the “Slaughterhouse Cases” to narrowly interpret the Fourteenth Amendment (see July 9, 1868). The combined cases have nothing to do with the rights of freed African-Americans, but center on disputes brought to court by white businessmen. The Court rules 5-4 that distinctions exist between federal and state citizenship rights, and that states have no obligation to provide their citizens with the same “privileges and immunities” they enjoy as national citizens. [PBS, 12/2006]

Entity Tags: US Supreme Court

Category Tags: Citizenship Rights, Court Procedures and Verdicts, Election, Voting Laws and Issues, Voting Rights

A handbill celebrating the passage of the Chinese Exclusion Act. The phrase at the bottom reads: “Hip! Hurrah! The white man is on top.”A handbill celebrating the passage of the Chinese Exclusion Act. The phrase at the bottom reads: “Hip! Hurrah! The white man is on top.” [Source: Monthly Review]The US Congress denies Chinese-Americans the right to vote or be citizens by passing the Chinese Exclusion Act. Historian William Wei will later write that the Exclusion Act was driven by decades of racism against Chinese immigrants, with the express goal of “driv[ing] them out of the country. This hostility hindered efforts by the Chinese to become American. It forced them to flee to the Chinatowns on the coasts, where they found safety and support. In these ghettos, they managed to eke out a meager existence, but were isolated from the rest of the population, making it difficult if not impossible to assimilate into mainstream society. To add insult to injury, Chinese were criticized for their alleged unassimilability.” The Exclusion Act is the first such legislation in US history to name a specific group of people “as undesirable for immigration to the United States,” and “marked a fateful departure from the traditional American policy of unrestricted immigration.” [Harper's Weekly, 1999; American Civil Liberties Union, 2012] The Exclusion Act will be repealed over 60 years later (see December 17, 1943).

Entity Tags: US Congress, William Wei, Chinese Exclusion Act

Category Tags: Election, Voting Laws and Issues, Citizenship Rights, Voting Rights

The US Congress passes the Edmunds Act, which strips the right to vote from citizens convicted of polygamy. Those citizens also lose their right to hold elected office. The law is passed to restrict the polygamist practices of some members of the Church of Jesus Christ of Latter-day Saints (the LDS Church, or the Mormon Church), who have been openly practicing polygamy since 1853. The Edmunds Act is a compendium of amendments to the Morrill Act of 1862, which banned polygamy and disincorporated the Mormon Church, but was never enforced due to the Civil War. The Edmunds Act leads to the dismissal of all registration and election officials in the Utah Territory, and a board of five commissioners is appointed to handle territorial elections. The Edmunds Act will not be the last attempt by the US Congress to stop Mormons from practicing polygamy. [Utah History Encyclopedia, 1994; ProCon, 10/19/2010]

Entity Tags: Edmunds Act of 1882, Church of Jesus Christ of Latter-day Saints, US Congress, Morrill Act of 1862

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

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

Entity Tags: US Supreme Court, John Elk

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

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

Entity Tags: Florida State Legislature

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

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

Entity Tags: Louisiana State Legislature, American Civil Liberties Union

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

Justice Henry Brown.Justice Henry Brown. [Source: Wikimedia]The US Supreme Court rules 7-1 in Plessy v. Ferguson that a Louisiana law requiring “equal but separate accomodations for the white and colored races” is constitutional. Homer Plessy, a light-skinned black man who sometimes “passed” as white, took part in a plan by a small number of black professionals seeking to have a court overturn the Louisiana Separate Car Act of 1890. Plessy boarded a whites-only railroad car and was arrested, as per arrangement, by a private detective. The group intended to use Plessy’s light skin tone to demonstrate how arbitrary and unconstitutional the law was. Plessy’s lawyers argued that Louisiana’s segregation law violated both the Thirteenth Amendment, which bars slavery, and the Fourteenth Amendment, which guarantees all Americans equal protection under the law (see July 9, 1868). Louisiana courts consistently found against Plessy, and the case moved all the way to the Supreme Court. Writing for the Court’s majority, Justice Henry Brown rules that the law does not “discriminate” among legal rights by race, but merely recognizes a “distinction” between races “which must always exist so long as white men are distinguished from the other race by color.” He adds: “Legislation is powerless to eradicate racial instincts or to abolish distinctions based on physical differences, and the attempt to do so can only result in accentuating the differences of the present situation. If the civil and political rights of both races be equal, one cannot be inferior to the other civilly or politically. If one race be inferior to the other socially, the Constitution of the United States cannot put them on the same plane.” The ruling establishes the “separate but equal” doctrine that informs many states’ decision to segregate public facilities—schools, railcars, even drinking fountains. Justice John Marshall Harlan, a former slave owner and a pro-slavery politician, writes a fiery dissent that refutes Brown’s assertion that the Louisiana law discriminates equally among whites and blacks. Harlan writes, “Everyone knows that the statute in question had its origin in the purpose, not so much to exclude white persons from railroad cars occupied by blacks, as to exclude colored people from coaches occupied by or assigned to white persons.” He disagrees with the majority opinion’s finding that segregation on railcars does not violate African-Americans’ constitutional rights under the Fourteenth Amendment. But Harlan does not advocate social equality among the races. Instead, he argues that legally imposed segregation denies political equality. Harlan writes: “The white race deems itself to be the dominant race in this country. And so it is, in prestige, in achievements, in education, in wealth, and in power. So, I doubt not, it will continue to be for all time, if it remains true to its great heritage, and holds fast to the principles of constitutional liberty. But in view of the Constitution, in the eye of the law, there is in this country no superior, dominant, ruling class of citizens. There is no caste here. Our Constitution is color-blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law.” Harlan’s dissent becomes the underpinning of the 1954 Brown v. Board of Education decision (see May 17, 1954). [PBS, 12/2006; PBS, 12/2006]

Entity Tags: Homer Plessy, Henry Billings Brown, US Supreme Court, Louisiana Separate Car Act of 1890, John Marshall Harlan

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

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

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

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

Entity Tags: US Supreme Court

Category Tags: Court Procedures and Verdicts, Election, Voting Laws and Issues, Voting Rights

The Minnesota Supreme Court denies Native Americans in that state the right to vote. The case, Opsahl v. Johnson, was brought by members of the Red Lake Chippewa Tribe. The Court finds that members of the tribe cannot vote in county elections because they have not “yielded obedience and submission to the [Minnesota] laws” (see November 3, 1884 and 1888). [American Civil Liberties Union, 2012]

Entity Tags: Red Lake Chippewa, Minnesota Supreme Court

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

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

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

Category Tags: Election, Voting Laws and Issues, Voting Rights

The North Dakota Supreme Court grants the right to vote to 273 Native American members of the Standing Rock Sioux tribe. In the case of Swift v. Leach, the Court rules that the tribesmen have abandoned their tribal affiliation (see 1888) and have “adopted and observed the habits and mode of life of civilized people.” [American Civil Liberties Union, 2012]

Entity Tags: Standing Rock Sioux, North Dakota Supreme Court

Category Tags: Election, Voting Laws and Issues, Voting Rights

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

Entity Tags: US Supreme Court

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

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

Entity Tags: US Supreme Court, Texas Democratic Party

Category Tags: Election, Voting Laws and Issues, Voting Rights

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

Category Tags: Court Procedures and Verdicts, Election, Voting Laws and Issues, Voting Rights

A federal court invalidates South Carolina’s effort to save its whites-only primary elections (see April 1, 1946). South Carolina attempted to remove federal court jurisdiction from its primaries, and save its discriminatory primary system, by repealing all of its primary laws. However, the court ruling in Elmore v. Rice invalidates the whites-only system. George Elmore, one of the plaintiffs in the case, is an African-American elector forbidden by South Carolina law from voting in the Democratic primary election. NAACP lawyer Thurgood Marshall is one of the lead attorneys for the plaintiffs. [ELMORE v. RICE, 2010; American Civil Liberties Union, 2012] Elmore and his family are persecuted by members of the Ku Klux Klan after the ruling. [South Carolina African American History Calendar, 2007 pdf file]

Entity Tags: Thurgood Marshall, National Association for the Advancement of Colored People, George Elmore, Ku Klux Klan

Category Tags: Court Procedures and Verdicts, Election, Voting Laws and Issues, Voting Rights

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

Entity Tags: US Supreme Court

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

Congress passes the Civil Rights Act of 1960. This legislation goes somewhat farther than its 1957 predecessor (see August 29, 1957). It requires election officials to have all records relating to voter registration and permits the Department of Justice to inspect them, making it more difficult for white interests to oppress African-American voters. Additionally, the law allows African-Americans barred from voting to apply to a federal court or voting arbitrator to gain those rights. Like its predecessor, it was ushered through by President Eisenhower, who pushed for the bill after an outbreak of violence against African-American churches and schools throughout the South in late 1958. And as with the first bill, Southern legislators line up in opposition to it, calling it an unacceptable interference in states’ affairs by the federal government. The second Civil Rights Act is not a major enhancement for voting-rights protections, and many critics call it little more than a sop to engage African-American voters in the 1960 elections. The new bill does provide for the creation of a Civil Rights Commission in the Justice Department, a provision that was eliminated from the 1957 bill. [American Civil Liberties Union, 2012]

Entity Tags: Dwight Eisenhower, Civil Rights Act of 1960, US Department of Justice, US Commission on Civil Rights, US Congress

Category Tags: Election, Voting Laws and Issues, Voting Rights

The Twenty-third Amendment is ratified, granting citizens who live in Washington, DC, the right to vote in presidential elections, and giving the District of Columbia the number of electors (three) it would have if it were a state. DC remains without representation in Congress. [PBS, 12/2006; The Constitution: Amendments 11-27, 2012]

Entity Tags: US Congress

Category Tags: Citizenship Rights, Election, Voting Laws and Issues, Voting Rights

The US Supreme Court, in the case of Gray v. Sanders, rules that Georgia’s “county unit” system of voting is unconstitutional, and codifies the concept of “one person, one vote.” Georgia’s “county unit” voting system is unfairly weighed to maximize votes from largely white rural areas and to dilute votes from urban districts with larger minority populations. Georgia voter James Sanders brought a suit challenging the system; his suit named James H. Gray, the chairman of the State Executive Committee of the Democratic Party, as one of the defendants. The Court agreed to hear this case though it had refused to hear previous challenges to the “county unit” system in the past. The Court rules 8-1 that the system violates the Fourteenth Amendment, which grants equal protection under the law. In the majority opinion, Justice William O. Douglas writes, “The conception of political equality from the Declaration of Independence, to Lincoln’s Gettysburg Address, to the Fifteenth, Seventeenth, and Nineteenth Amendments can mean only one thing—one person, one vote.” The lone dissenter, Justice John Marshall Harlan II, says the case should be sent back to lower courts for retrial. [American Civil Liberties Union, 2012]

Entity Tags: William O. Douglas, James H. Gray, James Sanders, US Supreme Court, John Marshall Harlan II

Category Tags: Court Procedures and Verdicts, Election, Voting Laws and Issues, Voting Rights

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

Entity Tags: Lyndon B. Johnson

Category Tags: Citizenship Rights, Election, Voting Laws and Issues, Voting Rights

The US Supreme Court applies the concept of “one person, one vote” (see March 18, 1963) to legislative bodies. The Court, ruling in Reynolds v. Sims, forces Alabama to redraw legislative boundaries that had remained unchanged since 1900 (see March 26, 1962). The Court rules that “the right to exercise the franchise in a free and unimpaired manner is preservative of other basic civil and political rights,” finding that Alabama’s legislative boundaries unfairly underrepresented minority voters. [American Civil Liberties Union, 2012]

Entity Tags: US Supreme Court

Category Tags: Court Procedures and Verdicts, Election, Voting Laws and Issues, Voting Rights

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

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

Category Tags: Citizenship Rights, Impositions on Rights and Freedoms, Voting Rights, Voter Fraud/Disenfranchisement

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

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

Category Tags: Court Procedures and Verdicts, Election, Voting Laws and Issues, Voting Rights

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

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

Category Tags: Court Procedures and Verdicts, Election, Voting Laws and Issues, Voting Rights

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

Entity Tags: California Supreme Court

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

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

Entity Tags: New York Supreme Court

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

1970: Congress Renews Voting Rights Act

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

Entity Tags: Voting Rights Act of 1965, US Congress

Category Tags: Election, Voting Laws and Issues, Voting Rights

The US Supreme Court overturns Tennessee’s “Duration Residency” law that prohibits some residents from voting. In the case of Dunn v. Blumstein, Tennessee’s law requiring voters to live in the state for a year before voting, and in a given county for 90 days before voting, is challenged. Tennessee law requires voters to register 30 days before an election in order to vote in that election, but has more stringent residency requirements. A lower court held the law unconstitutional because it interfered with a citizen’s right to vote and created what the court called a “suspect” classification of citizens, resulting in some Tennessee residents being unfairly penalized. Tennessee’s position is that the requirements are needed to ensure the integrity of voting, and to ensure that voters are knowledgeable about what they are voting on. The Supreme Court finds that the “durational residency” requirements violate the Equal Protection Clause of the Fourteenth Amendment. [American Civil Liberties Union, 2012; US Supreme Court Center, 2012]

Entity Tags: US Supreme Court

Category Tags: Court Procedures and Verdicts, Election, Voting Laws and Issues, Voting Rights

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

Entity Tags: US Supreme Court, California Supreme Court

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

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

Entity Tags: Michael C. Campbell

Category Tags: Voting Rights, Election, Voting Laws and Issues

Conservative Christian activist Paul Weyrich, who helped found the Moral Majority, the Heritage Foundation, and the American Legislative Exchange Council (ALEC), tells a group of evangelical Christians that he does not want all Americans to vote. “Now many of our Christians have what I call the goo-goo syndrome—good government,” Weyrich says. “They want everybody to vote. I don’t want everybody to vote. Elections are not won by a majority of people, they never have been from the beginning of our country and they are not now. As a matter of fact, our leverage in the elections quite candidly goes up as the voting populace goes down.” Weyrich is referring to the power of conservative Christians, a minority voting bloc which generally votes Republican, being diluted at the polls when more Americans vote. [Crooks and Liars, 6/6/2007; Rolling Stone, 8/30/2011]

Entity Tags: Paul Weyrich

Timeline Tags: Elections Before 2000

Category Tags: Voting Rights, Voter Fraud/Disenfranchisement

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

Entity Tags: US Supreme Court, Lewis Powell

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

The 1990 federal census awards Texas three additional seats in its US Congressional delegation. The Democratic Party controls 19 of the current 27 seats, as it does the Texas legislature and the governorship, but population shifts and other factors have moved Texas in an increasingly Republican direction. Texas Democrats, led by Representative Martin Frost, respond by redrawing the electoral district map, as is the state’s responsibility under the Constitution, but Republicans and other critics say the new map unduly favors Democrats and is designed to ensure that Democrats retain a majority of Texas’s US Congressional delegation. Texas Republicans challenge the remapping in court, calling it “gerrymandering,” but the case is not ruled in their favor. [New York Times, 5/15/2003; FindLaw, 6/28/2006]

Entity Tags: Texas Republican Party, Texas Democratic Party, Martin Frost

Category Tags: Voting Rights, Election, Voting Laws and Issues

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

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

Timeline Tags: 2000 Elections

Category Tags: Voter Fraud/Disenfranchisement, Voting Rights

The 2000 federal census awards Texas two additional seats for its US Congressional delegation. Ten years ago, when the census awarded Texas three additional seats, Texas Democrats allegedly “gerrymandered” the state’s electoral district map to ensure that Democrats sent a majority of Democrats to the US Congress (see 1990 - 1991). Now, Republicans control the governorship and the Texas Senate, but Democrats retain control of the Texas House. The divided legislature is unable to pass a redistricting scheme as mandated by the Constitution, and as a result the entire redistricting affair is decided in court. A three-judge federal district court attempts to draw a “neutral” district map, attempting to produce a map that does not clearly favor one party over another. The court produces Plan 1151C, places the two new seats in high-growth areas, and favors county and voting precinct boundaries in the map. The new map results in a 17-15 Democratic majority in the Texas delegation to the US House, contrasting with a 59 percent to 40 percent Republican voting pattern in the state. Critics complain that the court’s plan essentially leaves the Democrats’ 1990 “gerrymander” in place. [FindLaw, 6/28/2006] Critics’ assertions are bolstered by the fact that Texas Representative Martin Frost, a Democrat, was primarily responsible for the previous map that was used by the court. [New York Times, 5/15/2003]

Entity Tags: Martin Frost, Texas Republican Party

Category Tags: Voting Rights, Court Procedures and Verdicts, Election, Voting Laws and Issues

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

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

Ninety-three percent of Florida’s African-American voters cast their votes for Al Gore, the Democratic nominee for president. This is in spite of a number of Gore campaign decisions to keep Gore from appearing with black leaders, and with blacks in campaign photographs, in order to keep him from appearing “too liberal.” (Gore also heeded the advice of his campaign managers and refused to attend the National Baptist Convention for fear of alienating white suburban voters.) Regardless, black voters turn out in record numbers throughout Florida’s primarily African-American counties, such as Leon, Miami-Dade, Duval, and Gadsden. Author Jake Tapper will later write that the votes are as much against George W. Bush, the Republican candidate, and Bush’s brother, Florida Governor Jeb Bush, as they are for Gore. (Many state NAACP officials call Jeb Bush “Jeb Crow.”) However, many of these African-American votes will not be counted (see November 7, 2000), and many eligible black voters are not allowed to cast their votes (see November 7, 2000 and April 24, 2001). [Tapper, 3/2001]

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

Timeline Tags: 2000 Elections

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

Hundreds of thousands of voters in Miami-Dade County go to the polls to cast their votes for president. Two of its precincts, 255 and 535, are over 88 percent Democrat and over 90 percent African-American. The 20 punch-card machines designated for the two precincts were tested beforehand and certified as working properly, but in the hours before the polls open, a worker at Precinct 255 does a test and finds that seven of the 10 machines do not accept punch-card votes for president. Precinct clerk Donna Rogers will later claim that no one tells her of the problems with the machines, but by the end of the day, 113 of the 868 ballots cast do not register a vote for president. Of the votes that do register in the precinct, over 99 percent of them go to Democrat Al Gore. At Precinct 535, six of the 10 machines fail to register votes for president during test runs. Of the 820 ballots cast in this precinct, 105 do not register a vote for president. Gore wins over 98 percent of this precinct’s votes. The 13 percent “discarded ballot,” or “undervote,” rate for these two precincts is by far the largest in Miami-Dade. [Tapper, 3/2001] A later attempt to hand-count the ballots in question is forcibly prevented by an orchestrated “riot” by conservative activists and political aides at the Miami-Dade elections office (see 9:00 a.m. and after, November 22, 2000).

Entity Tags: Donna Rogers, Albert Arnold (“Al”) Gore, Jr., County of Miami-Dade (Florida)

Timeline Tags: 2000 Elections

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

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

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

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

Timeline Tags: 2000 Elections

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

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

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

Timeline Tags: 2000 Elections

Category Tags: Voting Rights, Voter Fraud/Disenfranchisement

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

New Mexico’s state legislature passes Senate Bill 204, which revokes the state’s lifetime ban on convicted felons exercising the right to vote. Before the passage of the bill, a New Mexico citizen convicted of a felony could never vote again. Under the new law, ex-felons who have completed their sentences, as well as offenders who have completed probation or parole, are automatically allowed to register to vote. No application process is enacted. This law reinstates the rights of some 50,000 New Mexico citizens to vote. [New Mexico Legislature, 2001 pdf file; ProCon, 10/19/2010]

Category Tags: Voting Rights, Election, Voting Laws and Issues

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

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

Category Tags: Voting Rights, Court Procedures and Verdicts, Election, Voting Laws and Issues

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

Entity Tags: US Senate

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

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

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

Timeline Tags: 2000 Elections

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

Democratic Socialists of America logo.Democratic Socialists of America logo. [Source: Social Democrats]The Drudge Report and other media sources falsely accuse the Democratic Socialists of America (DSA), a leftist political organization in New York, of “sending people to MN to illegally vote for [Senator Paul] Wellstone.” Wellstone, a Democrat, is running for re-election as senator for Minnesota. Drudge’s headline links to a fundraising appeal from the DSA that asks for donations to send students to help register voters in Minnesota. The Drudge Report is one of the most popular news sites on the Internet, receiving over 100 million visits in the last month. The appeal reads in part: “DSA’s national electoral project this year is the Minnesota Senate Election. Together with YDS, DSA’s Youth Section, we are mobilizing to bring young people to Minnesota. Minnesota is one of the few states that allow same day voter registration. We will therefore focus our energy on registering young people. Wellstone will need a high percentage of young people to register and vote for him if he is to stave off the campaign that Bush, the Republicans, and the Greens are waging against him. He is the Right’s Number One electoral target. Because we are focusing on issue based voter registration this electoral work can be supported by tax-deductible contributions. The DSA FUND is soliciting tax-deductible contributions to support this project. Contributions are needed to underwrite the costs of transportation as well as providing a stipend for expenses; housing is being donated.” The appeal states that the DSA wants to send students to register voters, a perfectly legal activity, though Spinsanity’s Bryan Keefer notes that the appeal is somewhat confusing in its wording. [Spinsanity, 10/16/2002; Spinsanity, 10/18/2002] The Minneapolis Star-Tribune reports: “Minnesota, which always ranks high in voter turnout, generally is considered one of the easiest states in which to vote. Voters must reside in the state for at least 20 days before the election, a deadline that passed on the day the league issued its press release. If not preregistered, qualified people can vote if they show proof of their residency at the polling place or have a registered voter from that precinct vouch for their residency.” [Minneapolis Star-Tribune, 10/17/2002]
October 14 - The controversy begins with a press release from the Taxpayers League of Minnesota (TLM), a conservative advocacy group, that attacks the DSA’s voter registration effort as “one of the most transparent attempts to steal an election since the Daley machine ran Chicago politics.” The release mischaracterizes the DSA’s appeal as supposedly announcing the DSA’s intention to bring “ringers” in to Minnesota to vote, stating, “This is a transparent attempt to steal this election by using Minnesota’s liberal election laws to register out-of-state students to vote for Wellstone.”
October 15 - The DSA rewrites its appeal to read, “We will therefore focus our energy on registering young Minnesotans.”
October 16 - Matt Drudge puts a link to the DSA appeal on the top of his Web site, the Drudge Report, with the headline, “Socialists Sending People to MN to illegally vote for Wellstone.” Talk show host Rush Limbaugh tells his listeners: “[DSA has] been caught. ‘We are mobilizing to bring young people to Minnesota’ is what it says on the Web site. It doesn’t say ‘We are mobilizing to bring out the young people who live in Minnesota to vote,’ it doesn’t say that.… And then it says: ‘By the way, did you know Minnesota is one of the few states that allows same-day voter registration? You can go in there and register and vote and split the same day, you can go home, you don’t even have to spend the night in Minnesota and freeze if you don’t want to, you can go in there and vote and leave.’” Fox News anchor Brit Hume repeats the accusation this evening, telling viewers, “The Democratic Socialists of America, which bill themselves as the largest socialist organization in the country, is raising tax-deductible money to send young people to the state of Minnesota, where they can take advantage of same-day registration to vote for the liberal incumbent Paul Wellstone.” The DSA removes the appeal from its Web site, saying that it has received enough donations and its donation system was being abused. Keefer writes: “Criminal allegations are [a] serious matter. Drudge’s casual assertions of illegal activity are wildly irresponsible, especially since they are directly contradicted by the story itself. One would think he would at least read the stories he links to carefully before summarizing them with such potentially libelous accusations.” [Spinsanity, 10/16/2002; Spinsanity, 10/18/2002]
October 17 - A Manchester Union-Leader editorial claims, “The Democratic Socialists of America, otherwise known simply as socialists, have organized a campaign to steal the US Senate election in Minnesota.” David Strom, the head of the Taxpayers League, tries to back away from the controversy, saying: “My tongue was placed firmly in my cheek. There are so few socialists left that they could meet in a phone booth.” Strom adds that “even if they themselves [the DSA] are not plotting some grand voter fraud,” the TLM merely wishes to demonstrate that the “laws that we have make it easy to commit fraud.” (The Star-Tribune notes that Strom’s organization is “funded largely by donors to conservative Republican candidates and causes.”) DSA national director Frank Llewellyn says that the TLM’s characterization of the DSA’s voter-registration efforts constitutes a “new sophisticated form of red-baiting.” Llewellyn says his group plans to send between 10 and 20 people to Minnesota to help organize support for Wellstone, and that no one from the DSA will actually try to vote. Wellstone’s campaign issues a statement saying it knows nothing about the group and does not approve of any attempts to register illegally. It also deplores the success of the TLM in ginning up a controversy where none exists, citing extensive coverage on local radio talk shows. [Minneapolis Star-Tribune, 10/17/2002; Spinsanity, 10/18/2002]
October 18 - The Wall Street Journal joins the fray, claiming in an editorial, “The Democratic Socialists of America recently posted an ad on their Web site inviting tax-deductible contributions to ‘bring young people to Minnesota’ to vote in the close US Senate race there.” Unlike Limbaugh and Hume, the Journal provides more information about the claim, quoting Minnesota Secretary of State Mary Kiffmeyer about the concerns over voter fraud, and labeling the DSA ad “clear… advocacy.” The same day, Kiffmeyer’s office affirms that the DSA’s plans to bring in out-of-state students to register Minnesota voters is legal, but the organization needs to ensure that it does not cross the line into advocacy. Keefer writes: “While it is legitimate to ask whether the DSA’s advertisement constituted illegal advocacy, the ad was clearly intended to promote the registration of young voters likely to vote for Democratic Senator Paul Wellstone, which is perfectly legal. Even the loose wording of the original statement does not excuse the false reports of planned voter fraud propagated by Drudge, Limbaugh, Hume, and others.” [Spinsanity, 10/16/2002; Spinsanity, 10/18/2002]
'Smear' - In 2003, liberal author and columnist Eric Alterman will write that “Drudge and Limbaugh combined, together with Brit Hume of Fox News and the Wall Street Journal editorial page, to effect a smear against the Democratic Socialists of America (DSA), and by extension, the late Senator Wellstone’s re-election campaign.” (Wellstone will die in a plane crash on October 25.) Alterman will write that the incident contains “all the trademarks of the conservative echo-chamber effect, including unproven innuendo, inaccuracy, repeated cavalier use of unchecked facts, all in the service of a clear political/ideological goal.” [New York Times, 10/25/2002; Alterman, 2003, pp. 79-80]

Entity Tags: Paul Wellstone, Rush Limbaugh, Wall Street Journal, Minneapolis Star-Tribune, Matt Drudge, Taxpayers League of Minnesota, Manchester Union-Leader, Brit Hume, Mary Kiffmeyer, Bryan Keefer, Democratic Socialists of America, David Strom, Frank Llewellyn, Eric Alterman, Drudge Report

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

Governor Scott McCallum (R-WI), locked in a tight race with challenger Jim Doyle (D-WI), begins airing ads accusing Doyle, Wisconsin’s attorney general, of “bribing the mentally ill for votes.” McCallum’s ads accuse Doyle of being involved in an alleged vote-buying scheme, where a Democratic campaign volunteer at a Kenosha residential home, Frank Santapoalo, supposedly plied mentally challenged residents with bingo games, refreshments (soda and “kringle,” a type of pastry), and small cash prizes in return for their votes on absentee ballots. The ads call Doyle “crooked” and accuse the Doyle campaign of “vote-buying.” The McCallum campaign calls the allegations “Bingo-Gate,” and is joined in the allegations by state Republican chairman Rick Graber. An October 22 story by a reporter for WTMJ-TV in Milwaukee claims at least two residents of the home cast absentee ballots, and one of those two voters may have been a convicted felon (that allegation is soon withdrawn by WTMJ; there is a convicted felon living at the home, but that person did not fill out a ballot). Wisconsin law prohibits anyone from giving a voter anything worth more than $1 in value to influence their vote; according to WTMJ, the residents won an average of 75 cents in quarters as well as soda and pastries, ramping the value of their “gifts” to over the $1 limit. Video shot by WTMJ shows the home’s activity director, Tammy Nerling, telling the residents that there are absentee ballots upstairs in the home if they are interested in voting. The video also shows Santapoalo wearing a Doyle campaign sticker on his clothing. And a Democratic party worker, Angela Arrington, invited by Doyle to talk to the residents about absentee voting, is shown leaving the premises upon seeing the cameras on site. No one is seen on the videotape soliciting votes in return for money or sodas; moreover, the sodas were provided by the home, Nerling says, and not Santapoalo. Graber says: “They gave them quarters, they gave them food, and they gave them drink. [State law] says very clearly you can’t give them something of value in exchange for votes.” State Democratic Party spokesman Thad Nation says, “We haven’t seen any evidence that anything illegal was done.” Santapoalo and Nerling both say they do not recall anyone filling out ballots after the bingo game. Kenosha City Clerk Jean Morgan says that of the 33 absentee ballot forms taken to the home, about half have been returned. The ballots are not dated, she says, making it impossible to ascertain when they were completed. The residence orders absentee ballots for every election, she says. The owner of the residential home, Lee Hamdia, says no votes were bought at the bingo party, and calls reports to the contrary “misinformation and gross distortions.” Hamdia says that the two residents did cast ballots the same day as the bingo game, but were not induced to vote by the bingo game nor by any visitor to the home. The residents have denied having any “political discussion[s]” of any kind in their conversations with the volunteer. [Capital Times, 10/24/2002; Milwaukee Journal-Sentinel, 10/24/2002; Capital Times, 10/31/2002; Milwaukee Journal-Sentinel, 10/31/2002] Nerling says bingo games with small prizes are a staple of residence life, taking place several times a week, and often sponsored by outside groups, including political organizations of all persuasions. Santapoalo says he has a relative living at the home, and has been visiting there for about 12 years. Nerling and admissions director Trish O’Dell say the residents have the mental capacity to cast votes, and some of them have long-standing affiliations with political parties. [Milwaukee Journal-Sentinel, 10/24/2002]
'Character Assassination' - Three former Wisconsin governors, Tony Earl, Martin Schreiber, and Gaylord Nelson, issue a joint statement calling the ads “character assassination”; Representative David Obey (D-WI) compares McCallum’s campaign tactics with the tactics of the late Senator Joe McCarthy (R-WI) and calls the ads “despicable.” After the criticism is joined by negative observations in the national press, McCallum’s campaign begins airing “softer” versions of the ads that replace the characterization of “crooked” with the accusation that Doyle’s purported vote-buying “shames us.” The ads also continue alleging that a felon cast a vote at the home, even though Morgan says that is not the case, and continue alleging that Doyle was “caught bribing the mentally ill for votes” and “votes were bought,” charges that are not substantiated by evidence. Doyle’s campaign says McCallum toned down the ads because they were caught “red-handed” making false charges; the Doyle campaign says that the new versions of the McCallum ads are also false. McCallum’s campaign manager denies that the ads were toned down because of criticism over the earlier television ads, and McCallum says Doyle and his supporters are attacking the credibility of the allegations because “there isn’t a defense for what [Doyle has] done.… The issue is what they did to disenfranchise voters, every voter in Wisconsin. Jim Doyle ought to apologize for the national shame he has brought on the state of Wisconsin.” Wisconsin Republicans say they intend to ask for a federal investigation of the bingo party, a request that state Democrats call a “political stunt.” A state prosecutor is investigating the claims. Political science professor Ken Goldstein says: “I’ve watched a lot of ads. This one, unless I see a lot of good evidence from McCallum’s folks, is over the line.”
Attempt to Lower Voter Turnout? - Another political science professor, David Littig, says the ads are designed for undecided voters, using unsupported emotional appeals to either persuade them to vote for McCallum or to stay home and not vote for Doyle. “The whole tone of the [McCallum] campaign has been to suppress the turnout,” Littig says. Doyle agrees, saying: “If people vote I’m going to win this election easily. McCallum is playing a cynical game right now. He’s trying to do everything he can to keep people from going to the polls.” Former Senate candidate Ed Garvey (D-WI), who narrowly lost an election when his opponent leveled false charges that he stole $750,000 of union money, says of the McCallum campaign: “They must be completely worried that this thing is falling apart. If you are doing well, you don’t call the other guy a crook.” [Capital Times, 10/31/2002; Milwaukee Journal-Sentinel, 10/31/2002]
No Charges Filed - Two days later, the special prosecutor investigating the case refuses to file charges, saying no evidence exists of any wrongdoing (see November 2, 2002). McCallum will lose the election to Doyle. The New York Times will call the entire campaign as conducted by both parties highly negative, and will say that McCallum’s attempts to accuse Doyle of voter fraud and other allegations “appeared to backfire” with voters. [New York Times, 11/7/2002]

Entity Tags: Lee Hamdia, James E. (“Jim”) Doyle, Gaylord Nelson, Frank Santapoalo, Ed Garvey, David Littig, Angela Arrington, Ken Goldstein, Jean Morgan, Wisconsin Republican Party, Tony Earl, WTMJ-TV, Trish O’Dell, Tammy Nerling, Thad Nation, New York Times, Martin Schreiber, Rick Graber, Scott McCallum

Category Tags: Voting Rights

The federal government enacts the Help America Vote Act (HAVA), as signed into law by President Bush. The law provides federal funds to states to improve election administration and to replace outdated or obsolete voting systems. The law also provides minimum standards for states to follow in election administration, and creates the existence of “provisional ballots” for voters to use in disputed circumstances. [U.S. Election Assistance Commission, 2010; American Civil Liberties Union, 2012]

Entity Tags: Help America Vote Act of 1992, George Herbert Walker Bush

Category Tags: Election, Voting Laws and Issues, Voting Rights

A special prosecutor says he will not file charges in the alleged “voter fraud” by a Democratic gubernatorial candidate in Wisconsin. Governor Scott McCallum (R-WI) charged his opponent, Attorney General Jim Doyle (D-WI), with buying votes from the residents of a home for the mentally challenged in Kenosha (see October 22-31, 2002). Special prosecutor Ted Kmiec says no charges will be filed because he cannot prove beyond a reasonable doubt that any violations of state election law occurred. The residents did receive “gifts” in the aftermath of bingo games, Kmiec says—typically less than $2 in quarters and soda—but no evidence exists that votes were solicited for those gifts, no evidence of any political discussions from the Doyle volunteer hosting the games exists, and no one handed out campaign materials. The volunteer who hosted the games has been visiting the residential facility for at least 12 years, and has a family member staying there. Everyone who did cast an absentee ballot at the residence is an eligible voter, Kmiec adds. Doyle lambasts McCallum for issuing the charges and for running a spate of television ads accusing Doyle of being “crooked” and of “bribing the mentally ill for votes.” He demands an apology from McCallum and for the state news media to set the record straight. “This is a clean bill of health for my campaign and an indictment of Scott McCallum’s campaign of distortion and character assassination,” Doyle says in a statement. “No one was bribed. No one’s vote was influenced. Nothing improper took place. My campaign and I have been falsely accused.” For his part, McCallum and his campaign claim the investigation by Kmiec was tainted, because Kmiec was appointed by Kenosha County District Attorney Robert Jambois, a Doyle supporter. The McCallum campaign charges Kmiec with “a clear conflict of interest.” State Republican chairman Rick Graber says regardless of Kmiec’s findings, he still believes Doyle committed “voter fraud.” Graber says the Wisconsin Republican Party will continue with the allegations until the election on November 4. Doyle campaign director Bill Christofferson says that he now believes the reporter who made the initial allegations, WTMJ-TV’s Scott Friedman, himself asked the residence’s activities director, Tammy Nerling, to encourage residents to fill out absentee ballots. Nerling says Friedman asked her if his crew could film the residents voting, a request Christofferson says is “fishy” in retrospect. WTMJ says any allegations of complicity between Friedman and the McCallum campaign, or any suggestions that Friedman tried to encourage illicit voting behavior, are “outrageous.” [Milwaukee Journal-Sentinel, 11/2/2002]

Entity Tags: Tammy Nerling, Bill Christofferson, James E. (“Jim”) Doyle, Rick Graber, Robert Jambois, Scott Friedman, Ted Kmiec, Wisconsin Republican Party, Scott McCallum

Category Tags: Voting Rights, Voter Fraud/Disenfranchisement

Mark Barnett in 2009.Mark Barnett in 2009. [Source: Keloland TV (.com)]Mark Barnett, the attorney general of South Dakota, says that Republican allegations of voter fraud in the recent election of Senator Tim Johnson (D-SD) over challenger John Thune (R-SD) are baseless. Barnett is a Republican. Republican National Committee (RNC) officials have turned over 50 affidavits to Barnett’s office, alleging an array of crimes and improprieties. Barnett says only one allegation merits any further inquiry. “Many of the things alleged simply are not crimes,” Barnett says. “Those affidavits simply do not give me cause to think there was an election rip-off.” RNC officials secured affidavits from Republican poll watchers after Johnson’s 524-vote victory over Thune, and gave the affidavits to South Dakota prosecutors in late November. Barnett intends to investigate claims that voters were offered cash to vote. “It’s the two or three affidavits out of 50 that really jumped out and grabbed me as something I need to follow up on,” he says. “I don’t express any opinion on whether those affidavits are true or can be proved. We’re going to have those interviews done.” The “cash for votes” allegation was made in three of the 50 affidavits. One affidavit features a witness claiming she was offered money to vote, and two are from people who say they overheard voters being offered money. The other affidavits allege crimes or improprieties where there were none. “Realistically, many of the things set out in those affidavits are not crimes,” Barnett says. “They are what I would call local election-board management problems. A fair number could be read as complaints about how effective the Democratic get-out-the-vote effort was. They had people watching, then jumping on the phone to one of their drivers.” Even if all of the allegations were true, Barnett says, the results of the election would not change. The RNC says after Barnett’s statement: “The information that the attorney general reviewed is only one area of the problems reported with the election. This is not just about criminal activity but about how the people of South Dakota carry out their elections. They will have to decide at both the local level and the State Legislature whether changes need to be made to the system.” A spokesperson for Johnson says Thune could stop all of the dissension and allegations if he would speak out against them. Thune is referring all questions about the election to the RNC. Some of the unfounded allegations include: poll workers offering variants of names to voters until a match could be found in voting records; stickers being placed over votes for Thune on ballots to fool voting machines into not counting the votes; and what the Rapid City Journal characterizes as “a high degree of coordination between poll workers in some precincts and workers for the Democratic Party.” Barnett is particularly irritated by Republican complaints that Democrats forced polls in some counties to stay open too long. Some county polls stayed open until 8 p.m. Central Standard Time; because the counties in question are in the Mountain time zone, they were required by law to stay open until 7 p.m. Mountain, which is 8 p.m. Central. “Saying the polls were open too long is not an accurate way to describe it. It was opened too early,” Barnett says. “Several affidavits assume that Democratic operatives are the ones who made it stay open. That’s not accurate. It was Republican officials who made the decision, myself among them.… If you screw up and open at 6, you don’t fix a morning screw-up by doing an evening screw-up. If a voter had walked up to a polling place at 6:30 p.m. and found a padlocked door, we would have had the clearest case of a voter-rights violation that I ever heard of. If statute says you’re open until 7, you’re open until 7.” Barnett says many of the complaints were of the effective Democratic efforts of getting voters to the polls in vans, and of Democrats working on those efforts inside polling places. These are extraordinarily low-level infractions, Barnett says, and are routinely committed by workers of both parties in every election. The RNC has refused to provide copies of the allegations to local reporters [Rapid City Journal, 12/10/2002] but will provide them to Byron York, a reporter for the conservative National Review. York will write an article alleging “massive voter fraud” based on the affidavits (see December 19, 2002). Three days later, Barnett will report that the allegations of “vote buying” are groundless. One of the witnesses on the three affidavits could not be located. The second said his signature had been forged on the affidavit. The third said she signed the affidavit after being pressured by a friend. Barnett says: “These affidavits are either perjury or forgery, or call them what you will. They are just flat false.” [Talking Points Memo, 12/16/2002]

Entity Tags: Tim Johnson, Byron York, John Thune, Mark Barnett, National Review, Republican National Committee

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

Joshua Micah Marshall of the influential liberal news blog Talking Points Memo (TPM) writes that charges of “massive voter fraud” that supposedly gave Senator Tim Johnson (D-SD) a narrow victory over challenger John Thune (R-SD) are not only spurious, but deliberately “trumped up” by the Republican National Committee (RNC) working with the Thune campaign. Marshall finds the RNC’s allegations of voter fraud being primarily committed on Indian reservations particularly objectionable. The “wild-eyed allegations,” he writes, “were then amplified by a number of local reporters who turned out to be working in embarrassingly close coordination—in one case, cohabiting—with the Republican operatives who ginned up the accusations in the first place.” Marshall calls the allegations a coordinated effort to block Democratic “get out the vote,” or GOTV, efforts, as well as to “stir up politically-helpful racial animosity.” He writes that Thune and the RNC are using advertisements and mailings to accuse Johnson of being personally involved in the purported fraud, and notes that while Thune graciously conceded the election, his campaign operatives fanned out through South Dakota’s reservations collecting affidavits alleging a wide variety of crimes and improprieties. State Attorney General Mark Barnett found the allegations to be entirely groundless (see December 10, 2002). However, the RNC also gave the affidavits to Byron York of the conservative National Review; York is in the process of preparing a lengthy article on the subject (see December 19, 2002). Marshall writes that the only real crimes may have been committed by “RNC operatives caught filing perjurious or forged affidavits to prove their phony case.” [Talking Points Memo, 12/16/2002] In October, Marshall noted that groundless allegations of absentee ballot fraud were made by a local reporter who lived with a lawyer for the Thune campaign. [Talking Points Memo, 10/18/2002]

Entity Tags: Mark Barnett, Byron York, John Thune, Joshua Micah Marshall, Tim Johnson, National Review, Republican National Committee

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

The cover of the current National Review, labeling Tim Johnson an ‘Invalid Senator’ and claiming to tell ‘How the Democrats Stole a Senate Seat.’ The allegations behind the cover story have already been proven false by the time the story is published on the Internet.The cover of the current National Review, labeling Tim Johnson an ‘Invalid Senator’ and claiming to tell ‘How the Democrats Stole a Senate Seat.’ The allegations behind the cover story have already been proven false by the time the story is published on the Internet. [Source: Free Republic (.com)]The National Review’s Byron York publishes a detailed article alleging that, in November 2002, Democrats committed massive voter fraud in South Dakota in order to ensure Senator Tim Johnson (D-SD) won re-election against opponent John Thune (R-SD). York accuses South Dakota Democrats of using Native American votes to “throw” the election. York reports that Democrats “deployed” 10,000 lawyers nationwide, including the contingent sent to Mission, to ensure that voting rights would be protected. In South Dakota, he writes, “compelling evidence” based on testimony from South Dakota poll workers shows that some of the Democratic lawyers “engaged in illegal electioneering, pressured poll workers to accept questionable ballots, and forced polling places in a heavily Democratic area to stay open for an hour past their previously-announced closing time. In addition, the testimony contains evidence of people being allowed to vote with little or no identification, of incorrectly marked ballots being counted as Democratic votes, of absentee ballots being counted without proper signatures, and, most serious of all, of voters who were paid to cast their ballots for Senator Johnson.” The allegations, if true, would constitute voter fraud on a massive scale. York says the testimony is collected “in more than 40 affidavits collected by Republicans in the days after the election and obtained by National Review,” and supplemented by “interviews with state and local officials.” York alleges that “hundreds of votes” for Johnson “were the product of polling-place misconduct.” Johnson won the election by a few hundred votes. “Had those votes not been added to his total, it seems likely that the senator, who won by just 524 votes, would instead have lost, and John Thune would today be South Dakota’s senator-elect.” [National Review, 12/19/2002]
Allegations False, Says South Dakota Attorney General - South Dakota Attorney General Mark Barnett, a Republican, has said the most serious of the affidavits are either “perjury or forgery,” and says the allegations of illegality are “flat[ly] false.” Barnett said most of the accusations were not illegal, but simply evidence of effective get-out-the-vote (GOTV) efforts by Democrats (see December 10, 2002). And liberal news blogger Joshua Micah Marshall wrote that the only verifiable crimes may have been committed by Republicans who fraudulently concocted bogus allegations of voter fraud (see December 16, 2002). [Rapid City Journal, 12/10/2002; Talking Points Memo, 12/16/2002]
Illegal Operations inside Polling Places? - York recounts accusations from an election board member, Noma Sazama, in Mission, South Dakota, that “out-of-town” Democratic poll watchers tried to “intimidate” her as they coordinated GOTV efforts from a Mission polling place. A Republican poll watcher in Todd County, Ed Assman, recounts a similar story to Sazama’s, of Democratic lawyers from out of town setting up shop inside a polling place, this one in Parmalee; a third witness who refuses to be identified says he saw Democratic poll workers running carpools “out of the polling place.” Holding such operations inside a polling place is illegal under South Dakota law, and South Dakota officials admitted after the election that such operations may have indeed taken place. State election supervisor Chris Nelson told a Todd County reporter, “That type of office operation to conduct a partisan campaign operation should not have been happening at the polling place.”
Allegations of Paying Voters - Assman says he personally watched Democratic poll watchers give cash to van drivers who were transporting voters back and forth from the polls. Another witness, who refuses to be identified, tells York that the watchers gave out “wad[s] of twenties.” That same witness says a Democratic poll watcher later explained the money was for gas. A Republican poll watcher in Mission makes similar allegations. York says that the stories “have raised suspicions that Democrats were perhaps buying more than gasoline,” suspicions that are bolstered by three witnesses in Todd County who say that van drivers offered them cash to vote for Johnson. All three affidavits say that the witnesses were offered $10 to vote, presumably for Johnson. York writes: “None [of the affidavits] explicitly says the voters accepted the money—this would be a confession of a crime—but there is little doubt that they did. And even if they did not, simply offering money for a vote is a crime under South Dakota law, which forbids anyone ‘to pay, lend, contribute, or offer… any money or other valuable consideration’ to anyone for a vote.” In an update to the article, York notes that Barnett has found two of the three affidavits and considers the third “suspect.” Barnett believes the affidavits may be the work of a single man on the Rosebud Indian Reservation, though that man, a registered Democrat, says he knows nothing of the affidavits. The man has told a Sioux Falls reporter that “people on the streets” told him that “they” were paying people with $10 bills or cigarettes to go vote, “and if you couldn’t get there, they would give you a ride.”
Time Discrepancy - Todd County auditor Kathleen Flakus twice published notices in the local press that polls would be open on Election Day, November 2, from 7 a.m. to 7 p.m. Central Standard Time (CST). According to government maps, Todd County is west of the time-zone line that splits South Dakota, placing the county in Mountain Standard Time (MST). The Todd County populace routinely operates on Central time. On Election Day, a Democratic election official named Iver Crow Eagle showed up almost an hour late to one Todd County polling place, forcing that polling place to alter its hours from 7 a.m. - 7 p.m. to 8 a.m. - 8 p.m. The time change is allowable under state law. However, Democratic poll watchers asked that all the Todd County precincts be allowed to stay open until 8 p.m. Todd County is heavily Democratic, York says, providing a possible motive for the request. The Democratic lawyers also asked that precincts in Mellette County be allowed to stay open until 8 p.m.; like Todd, Mellette is technically in Mountain time but the populace keeps Central time. The lawyers argued that the polls should stay open until 7 p.m. MST, which is 8 p.m. CST. York says Flakus and the “[l]ocal election officials were flabbergasted” by the request. However, state officials found that the Democrats were legally correct, and the precincts stayed open until 8 p.m. CST. Republican officials attempted to force the polls to close at 7 p.m. CST, York reports, calling the extra hour an “unconstitutional” dilution of other counties’ votes, whose citizens cast their votes “during proper hours.” The Republicans also asked that the ballots cast after 7 p.m. CST be segregated from the other ballots in case a judge ruled in favor of the original closing time. A state circuit judge dismissed the requests without comment, and the polls stayed open an extra hour in the two counties. Witnesses later tell York that they saw well over a hundred voters cast their votes during the extra hour. “Given the voting patterns of the area, it’s likely that nearly all of those extra votes were Democratic,” York writes. “[I]t seems reasonable to estimate that the extended voting hours gave Tim Johnson an additional 200 or so votes” in Todd County alone.
Voter Registration Fraud? - Democrats from the state and national party worked to register thousands of new voters during the run-up to the November election, specifically working on Indian reservations. The effort secured some 17,000 new voters, York says. However, he cites a news report that alleged “bounty hunters” were paid ”$3 per head” to register new voters, which he calls “an invitation to fraud.” One Democratic volunteer, Becky Red Earth Villeda, made almost $13,000 from registering new voters. Before the election, state prosecutors said that 15 “phony ballots,” in York’s words, were “associated with Villeda.” The prosecutors were investigating 1,700 others and were considering filing charges against her. South Dakota Deputy Attorney General Larry Long told reporters: “It appears that we were able to get her stopped before she actually cast any fraudulent ballots. But it’s conceivable that she was able to get ballots cast that we don’t know about.” York says that at least three absentee ballot requests—not ballots—from the Cheyenne River Indian Reservation, in Dewey County, may have also been fraudulent. A witness at a Dewey County polling place later alleges that he saw “15 or 20” people come to vote, only to find that records indicated they had requested absentee ballots when they said they had not made such requests. One of those voters told election officials that the signature on the ballot request was not his. At another precinct, another witness says the same thing happened with ten voters, and a third witness says a similar occurrence happened to seven voters at another Dewey County precinct. York says it is “reasonable” to presume that many other occurrences took place, and many improper absentee ballots may have been cast. Sazama tells York that she saw ballots cast at her Todd County precinct that “didn’t look right.” She says she saw several signatures that appeared to match the voters’ signatures, but they “all looked like they had been signed by the same person.” Those votes were counted. York says that along with the “suspicious” absentee ballot issues, “there were widespread problems with voter identification,” including a number of instances where voters presented themselves to an election judge, found that their given names were not listed, and were given the opportunity to vote under what a Republican witness in Mellette County calls “alternate names.” Another unnamed observer says similar instances happened at a polling place in Shannon County, home of the Pine Ridge Indian Reservation. And Assman says he saw similar instances in Todd County. York says that Democratic lawyers at polling places “pressured election officials to allow people to vote, whatever the problem with names,” and quotes an unnamed Republican election official as saying the lawyers “intimidated” local officials.
Vote Surge Gives Johnson the Victory, Votes May Be 'Improper' - York writes that the voting improprieties may be the reason why Thune maintained a narrow lead in vote counts throughout the evening of November 2, until late in the vote counting, when Thune led by almost 1,000 votes with only six precincts remaining. Five precincts in Shannon County gave Johnson the victory, York says, coming in at an “unusual” 91.4 percent of votes cast going to Johnson. Shannon County is an “overwhelmingly Democratic area,” York concedes, but alleges that many of the Shannon County ballots had “significant problems” that caused them to be rejected by the optical scan machines counting the votes and processed by a resolution committee. The problems with the optically scanned votes caused the Shannon County votes to be among the last reported. Later, a Republican member of the resolution committee named Lee Linehan says she may have inadvertently let “improper” votes go through, due to her exhaustion and unfamiliarity with the process. York implies that her Democratic committee partner, whom he only identifies as “a lawyer,” may have influenced her to send ballots through regardless of their possible improprieties. Linehan tells York, “I believe the race would have been much closer had we paid more attention.”
Conclusion - York alleges that, in conclusion, Johnson and “an army” of Democratic lawyers improperly threw the election for Johnson. “[T]he accounts of dozens of eyewitnesses at the polling places,” he writes, suggests “the electoral system was not fully trustworthy and in fact failed to stop serious violations of election laws committed by Johnson’s supporters.” The small number of votes in one county after another—200 in Todd, 250 in Shannon, 100 in Dewey, and around 200 in other counties—may have given Johnson the edge he needed to claim a narrow victory. York writes, “[I]t seems reasonable to conclude that, had Democratic misconduct not occurred in those counties, John Thune would have won.” Thune chose not to ask for a recount, as was his right under South Dakota law. York explains that Thune did not wish to put the state’s voters under what Thune called a “long, drawn-out, painful, and protracted struggle over 524 votes.” York goes on to note that Thune dropped broad hints that he felt improprieties cost him the election. Some of the problems were most likely “homegrown,” York says, and cites what he calls previous “allegations of voting irregularities on some of the reservations, particularly in tribal elections.” However, the improprieties that he says cost Thune the election “went far beyond local fraud, and are instead attributable to the team of party operatives sent to South Dakota from the DNC’s headquarters in Washington.” York says the local Republican officials should have been prepared for just such problems, citing Democratic National Committee (DNC) chairman Terry McAuliffe’s promise that lawyers would be at polls in every state, and implying that McAuliffe and the DNC concocted a scheme to steal elections throughout the nation through the auspices of this “army” of lawyers. “[T]he evidence from South Dakota suggests that some of them were on the lookout to commit voter fraud,” he writes, “to steal the election under the guise of preventing it from being stolen.” York concludes that the Democrats’ success in South Dakota will only encourage them to try even harder to steal elections in future elections. [National Review, 12/19/2002]
Purged - The National Review will later purge the York article from its database.

Entity Tags: Ed Assman, County of Shannon (South Dakota), County of Mellette (South Dakota), County of Dewey (South Dakota), Chris Nelson, Byron York, Becky Red Earth Villeda, Democratic National Committee, Tim Johnson, Noma Sazama, County of Todd (South Dakota), Mark Barnett, Lee Linehan, Larry Long, National Review, Iver Crow Eagle, Kathleen Flakus, Terry McAuliffe, Joshua Micah Marshall, John Thune

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

A button supporting the Texas Democrats, nicknamed the ‘Killer D’s.’A button supporting the Texas Democrats, nicknamed the ‘Killer D’s.’ [Source: Ebay (.com)]The Republican leadership of the Texas legislature sends agents from the Department of Homeland Security (DHS), the Texas Rangers, state troopers, and members of the Special Crimes unit to locate and apprehend over 50 Democratic state legislators who have left the state to prevent a quorum from being reached. The state Democrats left Austin, and the state, in order to prevent the Republican leadership from passing a controversial electoral redistricting plan that they say discriminates against minority voters (see 2002-2004). One Democratic lawmaker, Representative Helen Giddings, is apprehended. Many of the Democrats are staying for the time being in Ardmore, Oklahoma. One Democrat, Representative Craig Eiland, says that police officers questioned his wife in Galveston, where their newborn twins are in intensive care. He calls the law enforcement efforts to “find” him and his colleagues “bordering on harassment,” and advises, “Let the good guys go back to catching the bad guys and let the politicians deal with each other.” Under Texas law, even though the Democrats are committing no crime in refusing to participate in the legislative session, state law enforcement officers have the authority to arrest members of the legislature and forcibly return them to Austin to allow the legislature to achieve a quorum. [Fort Worth Star-Telegram, 5/14/2003]
Use of Federal Resources; DHS 'Furious' at Involvement - US Representative Tom DeLay (R-TX) says that the Speaker of the Texas House, Tom Craddick (R-Midland), has asked for the intervention of the FBI and/or US Marshals to “go up and get those members.” Craddick denies making any such request. The US attorney’s office in San Antonio says that an “unidentified person” called it with an inquiry about federalizing the “arrest warrant.” A Justice Department spokesperson says the issue is entirely a state matter, and “would not warrant investigation by federal authorities.” The Air and Marine Interdiction and Coordination Center, a federal agency under the purview of the DHS, is involved for a time in a search for a private plane belonging to former House Speaker Pete Laney (D-Hale Center). The agency’s purpose is to engage in counterterrorism activities. Craddick says that the agency was successful in locating the airplane in Ardmore, alerting him that many of the Democrats are in that town. Craddick says: “We called someone, and they said they were going to track it. I have no idea how they tracked it down. That’s how we found them.” Bush administration officials promised that DHS agencies and officials would not operate within American borders when the agency was created. [Fort Worth Star-Telegram, 5/14/2003; CommonDreams, 5/14/2003] According to DHS officials, someone in the Texas Department of Public Safety (DPS) calls the Air and Marine Interdiction Coordination Center on May 12 and says: “We got a problem and I hope you can help me out. We had a plane that was supposed to be going from Ardmore, Oklahoma, to Georgetown, Texas. It has state representatives in it and we cannot find this plane.” The center agrees to help, DHS says, because “from all indications, this request from the Texas DPS was an urgent plea for assistance from a law enforcement agency trying to locate a missing, lost, or possibly crashed aircraft.” DHS officials contradict Craddick by denying that the center found Laney’s plane in Ardmore. Senator Joseph Lieberman (D-CT) says: “I am outraged that Homeland Security resources are being used to help settle partisan scores. It’s inconceivable that anyone would waste scarce department resources for such an indefensible purpose.” Lieberman is demanding an investigation into the matter. Representative Jim Turner (D-TX), the ranking Democrat on the House Select Committee on Homeland Security, says he is reminded “of the days of Watergate, when federal resources were used for purely partisan political purposes.” According to the New York Times, DeLay is working closely with Craddick on the matter, though a DeLay spokesman denies that anyone from DeLay’s office has had any contact with DHS, and adds, “This is a smoke screen from the Democrats, who will say or do anything to change the subject from shirking their constitutional responsibilities.” DPS spokesperson Tom Vinger refuses to say specifically what his department has done to find the legislators, saying only: “We were ordered to begin an investigation into the missing legislators by the Texas House and to take them into custody if we found them and bring them back to the House chambers. Those were our orders. And we used very basic, routine investigative procedures in an attempt to do this.” DHS officials tell a Times reporter on the condition of anonymity that they are furious about being involved in the search. [Utne Reader, 5/2003; New York Times, 5/15/2003] Craddick soon orders all records of the Republicans’ search for the Democrats to be destroyed, sparking outrage among the Democrats, who demand accountability and say Craddick is trying to hide something. [CBS News, 5/21/2003]
Questioning Family Members - Law enforcement officers have questioned the children of Representative Joe Pickett, angering Pickett’s wife Denise. And Carol Roark, the wife of Representative Lon Burnam, says police officers appeared at her home in Fort Worth and announced they were there to “arrest” her husband; one officer told her, “I’m here on the order of Tom Craddick to arrest Rep. Lon Burnam.” Roark says she laughed at the officer, and says, “I think it was a pretty silly use of tax dollars.” Dallas Mayor Laura Miller, whose husband, Representative Steve Wolens, is in Ardmore, says that police officers have camped out overnight in front of her home. Miller says, “I felt very safe last night because there were two DPS officers who slept in front of my home.” [Fort Worth Star-Telegram, 5/14/2003]
Mixed Reactions - Reaction to the Democrats’ exodus is mixed. Supporters have dubbed them the “Heroes of the House” and the “Killer D’s,” the latter a reference to a similar action taken by Texas Senate Democrats in the late 1970s. Republicans in Texas and Washington have labeled the Democratic lawmakers “cowards” and “terrorists.” Many Texas news outlets have shown sympathy to the Democrats and have criticized what some call the excessive reaction by the Republican leadership. [CommonDreams, 5/14/2003] DeLay says the Democrats who have left Texas “may not be patriots,” and adds, “Representatives are elected and paid for by the people with the expectation that they show up for work and do the people’s business and have the courage to cast tough votes.” In response, Representative Martin Frost (D-Arlington) says in regards to the redistricting plan: “Tom DeLay would be perfectly happy in the old Soviet Union. He wants one-party government. He doesn’t believe in a two-party system.” DeLay’s House colleague, Lloyd Doggett (D-TX), says, “It is easier, I think, for Tom to manipulate these lines… than it is to win elections.” [Dallas Morning News, 5/14/2003; New York Times, 5/15/2003]
Order Expires - The order from the Republican leadership is essentially vacated on May 15, when the Texas House, formerly “standing at ease,” officially adjourns. At that point, the “call on the House,” under which law enforcement officials are authorized to apprehend and forcibly return recalcitrant lawmakers, is abated. They return to Austin on May 16. Representative Jim Dunnam (D-Waco), who helped organize the retreat, says, “Government is by the people and for the people, and we had to go to Oklahoma to say government is not for Tom DeLay.” The delay causes the redistricting bill to lapse, but it will be brought up again in the next session, according to Texas Republicans. Representative Beverly Woolley (R-Houston) says: “Texas is a Republican state by all voting population, and they [Republicans] deserve to have greater representation in Congress. Sooner or later, we will redistrict. This is not over.” [New York Times, 5/15/2003; Houston Chronicle, 5/16/2003]

Entity Tags: James Dunnam, US Department of Homeland Security, Denise Pickett, Tom DeLay, US Department of Justice, Helen Giddings, Craig Eiland, Carol Roark, Air and Marine Interdiction and Coordination Center, Beverly Woolley, Bush administration (43), Tom Craddick, Texas State Legislature, Tom Vinger, Texas Rangers, Laura Miller, Martin Frost, Lloyd Doggett, Lon Burnam, Texas Republican Party, Joe Pickett, Joseph Lieberman, Jim Turner, Steve Wolens, Texas Department of Public Safety, Pete Laney, New York Times, Texas Democratic Party

Category Tags: Impositions on Rights and Freedoms, Voting Rights, Election, Voting Laws and Issues

The Nevada State Legislature passes a law that automatically restores the right to vote to convicted felons. Felons who have completed their jail terms may also run for public office and serve as jurors in civil cases. Felons released from prison after July 1, 2003 may only receive reinstatement if they were convicted of a single, nonviolent felony such as a drug offense. Violent felons or those with multiple convictions must petition a court for reinstatement. [American Civil Liberties Union, 2008; ProCon, 10/19/2010]

Entity Tags: Nevada State Legislature

Category Tags: Voting Rights, Election, Voting Laws and Issues

Alabama Governor Bob Riley (R-AL) signs into law a bill that permits most Alabama citizens with felony convictions to apply to regain their right to vote. They cannot apply for reinstatement until after they complete their sentence. [American Civil Liberties Union, 2008; ProCon, 10/19/2010]

Entity Tags: Robert Renfroe (“Bob”) Riley

Category Tags: Voting Rights, Election, Voting Laws and Issues

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

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

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

Conservative radio host Michael Savage unleashes a barrage of accusations against Democrats, while commenting on the ongoing Democratic National Convention. One topic of attention is voting. Savage lists the kinds of people he believes should be denied the vote: “people on welfare,” “people with less than 100 IQ,” and “illegal aliens.” He accuses Democrats of trying to influence the election by recruiting illegal aliens to vote, saying: “I’ll go down the list of people who should not have the right to vote. Let’s start with illegal aliens. Should they have the right to vote? Course they shouldn’t, but they do. They’re being courted by the Democrats as we speak.” There have been isolated instances of undocumented immigrants and non-citizens casting votes, but no state allows non-citizens of any stripe to vote in federal elections. A very small number of municipalities in Maryland and Massachusetts allow non-citizens to vote in local elections. Savage provides no evidence of the widespread voter fraud of which he accuses Democrats of enacting. [Media Matters, 7/28/2004]

Entity Tags: Michael Savage

Timeline Tags: Domestic Propaganda, 2004 Elections

Category Tags: Voting Rights, Voter Fraud/Disenfranchisement

Bradley Schlozman, a deputy in the Justice Department’s Voting Rights Section of the Civil Rights Division (CRD), receives an email from his supervisor, John Tanner, asking him to bring coffee for both of them to a meeting they are both scheduled to attend. Schlozman asks how Tanner likes his coffee and Tanner replies that he likes it “Mary Frances Berry style—black and bitter.” Berry, an African-American, chaired the US Commission on Civil Rights from 1993 to 2004. Schlozman forwards the email exchange to several CRD officials with the comment, “Y’all will appreciate Tanner’s response.” Shortly thereafter, he is forced to write a written apology for his action. [Washington Post, 1/13/2009]

Entity Tags: John Tanner, Bradley J. Schlozman, Civil Rights Division (DOJ), US Department of Justice, Mary Frances Berry

Timeline Tags: Domestic Propaganda

Category Tags: Voting Rights

Sproul & Associates, a Republican-financed consulting firm, contracts a temporary employment agency in West Virginia to hire people to register only Republicans. The hirees are provided with scripts that encourage deceptive practices and are told little about the consulting firm for whom they will be working. One of those initially hired for the job is Lisa Bragg, a 37-year-old resident of St. Albans. Responding to an ad for a “customer service” position, she visits Kelly Services, a national temp agency, in August 2004 and is offered a job. At first, the company doesn’t provided any details about the job. But the next day, when she attends an orientation, she learns that she will be registering Republican voters. Though another voter registration group in the same community which registers people of all political persuasions pays canvassers only $5.50 an hour, this job is paying $9 an hour. She and the other applicants will be canvassing at One Stop convenience stores throughout the Charleston region. According to a script provided by Kelly Services, the canvassers will approach One Stop customers and ask whether they support George Bush or John Kerry. If they indicate that they plan to vote for Bush, the canvassers should ask if the person is registered to vote and then offer a voter registration card if the person answers no. However, if the person is a Kerry supporter, they should only say thank you and provide the person with a registration card if asked. If anyone asks questions, the firm advises, “Only state you are there to conduct a simple field poll to see what neighborhood support is… a nonpartisan registration drive” If the person becomes angry, they should quietly listen and remember, “The goal is to register Republicans and to remain positive.” The canvassers are also told that people will be checking up on them in the field. Bragg later says in interviews with the press that she thinks the purpose of the monitoring was to make sure the canvassers keep to their script and avoid registering Democrats. The script is printed on Sproul & Associates and America Votes letterhead. But Sproul & Associates is not affiliated with America Votes. Kelly Services does not divulge information about Sproul to the canvassers. According to Bragg, instead the temp agency advises,“[T]he less you know about the company, the better off you are, especially if the media would come asking questions.” Bragg, a Democrat, declines the job and instead tells her story to the Charleston Gazette and Salon. [Charleston Gazette, 8/20/2004; Salon, 10/21/2004]

Entity Tags: Sproul & Associates, Lisa Bragg, George W. Bush, John Kerry, America Votes, Kelly Services

Timeline Tags: 2004 Elections

Category Tags: Voter Fraud/Disenfranchisement, Voting Rights

In Nevada, Eric Russell, a former employee of the Republican-funded political consulting firm, Sproul & Associates, claims in a signed affidavit that the company’s employees were paid to register only Republicans. His former employer told him to ask prospective voters, “Who would you vote for in the next election?” Only people who indicated they would vote for President Bush were to be registered, he says. When Russell refused to follow instructions and registered both Democrats and Republicans, his employer docked his pay. Russell also says that he witnessed his supervisor take out eight to ten Democratic registration forms from a pile and destroy them—a felony in some states. He added that hundreds, if not thousands, of forms were destroyed. “I personally witnessed my supervisor at VOA, together with her personal assistant, destroy completed registration forms that VOA employees had collected” he explains. [KGW 8 (Portland, OR), 10/13/2004; CBS News, 10/14/2004; Las Vegas Review-Journal, 10/14/2004; Mercury News (San Jose ), 10/14/2004] “We caught her taking Democrats out of my pile, handed them to her assistant, and he ripped them up right in front of us.” [CNN, 10/14/2004] “All of the destroyed registration forms were for registrants who indicated their party preference as ‘Democrat.’” [Mercury News (San Jose ), 10/14/2004] Russell’s account is supported by another of the firm’s former employees, Tyrone Mrasak, who tells the Las Vegas Review-Journal that workers were encouraged to register 18 Republican voters per day. He says that they were permitted to finish the day at anytime after meeting this quota and would still be paid for eight hours of work. “We didn’t get credit for forms we brought back marked Democrat,” he explains. He also recounts how he would often loiter in front of homeless shelters and give homeless people cigarettes in exchange for registering as Republicans. “As long as they have an address, they can register,” Mrasak says. “If they were looking to bum a cigarette I’d say, ‘I’ll trade you a cigarette if you sign this.’” [Las Vegas Review-Journal, 10/14/2004] These charges are adamantly denied by the Republican National Committee, which provides the San Jose Mercury News with affidavits from two other employees of the firm claiming that no voter-registration forms had been destroyed. [Mercury News (San Jose ), 10/14/2004] The firm also denies that its employees were instructed to destroy forms, but does not dispute that they were encouraged to register more Republicans than Democrats. [San Francisco Chronicle, 10/28/2004] Republican consultant Paul Senseman says that Sproul is “very professional, very mission-oriented,” adding, “He’s somebody that gets things done.” [San Francisco Chronicle, 10/28/2004]

Entity Tags: Sproul & Associates, Republican National Committee, Paul Senseman, Tyrone Mrasak, Eric Russell

Timeline Tags: 2004 Elections

Category Tags: Voter Fraud/Disenfranchisement, Voting Rights

In Portland, Oregon, Mike Johnson, age 20, tells KGW News that he formerly worked for Voter Outreach of America—a name used by the Republican-financed political consulting firm, Sproul & Associates—as a canvasser registering people to vote. He says that his former employer instructed him to only accept Republican registration forms. His boss also told him that forms turned in by Democrats might be “destroy[ed]” since he was being paid by the Republican party. [KGW 8 (Portland, OR), 10/13/2004]

Entity Tags: Mike Johnson, Sproul & Associates

Timeline Tags: 2004 Elections

Category Tags: Voter Fraud/Disenfranchisement, Voting Rights

Michael Twilla, of Meadville, Pennsylvania, tells the Pittsburgh Post-Gazette that as an employee of Sproul & Associates, a Republican-financed political consulting firm, he was instructed not to register Democrats. “If they were a Kerry voter, we were just supposed to walk away.” A copy of the script that he and other canvassers are given tells them to offer unregistered Bush supporters a registration form and to tell them that the form would be personally delivered to the local courthouse. However, in order to avoid registering Democrats, the script also recommends asking registrants two questions: “Do you consider yourself pro-choice or pro life?” and “Are you worried about the Democrats raising taxes?” If voters say they are pro-life, the form says, “Ask if they are registered to vote. If they are pro-choice, say thank you and walk away.” If anyone asks who the canvassers are working for they are to respond, “Project America Vote,” a name that is nearly identical to the liberal-leaning national non-partisan group, America Votes. Other workers were reportedly also advised to say they were working for Career Concepts, a local employment agency. But a spokeswomen for Career Concepts told the Post-Gazette that the company did not employ the canvassers. Twilla also complained that he was paid for only eight of 72 hours he worked. [Pittsburgh Post-Gazette, 10/20/2004]

Entity Tags: Sproul & Associates, Michael Twilla

Timeline Tags: 2004 Elections

Category Tags: Voter Fraud/Disenfranchisement, Voting Rights

Michele Tharp, of Meadville, Pennsylvania, says that as a volunteer canvasser for Sproul & Associates, a Republican-financed political consulting firm, she was instructed not to register Democrats. “We were told that if they wanted to register Democrat, there was no way we were to register them to vote,” she tells the Pittsburgh Post-Gazette. “We were only to register Republicans.” Tharp further explains that volunteers were sent door-to-door to seek registrants but were told to first ask which candidate they planned to support. “If they said Kerry, we were just supposed to say thank you and walk away.” She also complains that she was paid only $14 for 15 hours of work after being hired at a rate of $11 per hour. But Brenda Snyder, a volunteer with the Republican Victory Center in Erie, who disputes claims that workers were told not to register Democrats, denies that workers were docked for registering Democrats, saying instead that the problems were due to “discrepancies in their paychecks.” [Pittsburgh Post-Gazette, 10/20/2004]

Entity Tags: Michele Tharp, Brenda Snyder, Sproul & Associates

Timeline Tags: 2004 Elections

Category Tags: Voter Fraud/Disenfranchisement, Voting Rights

In Ohio, Republican Party officials submit a list of 35,427 registered voters in 65 different counties whose mailing addresses, they say, are questionable to county election boards. 17,717 names on the list are of newly registered voters from Cuyahoga County, which includes Cleveland, a Democratic stronghold. [Columbus Dispatch, 10/23/2004; New York Times, 10/23/2004]

Timeline Tags: 2004 Elections

Category Tags: Voting Rights, Voter Fraud/Disenfranchisement

The Republican Party provides Ohio election officials with lists of the people they have recruited to work as “challengers” on election day. According to a 1953 Ohio state law—which critics says is rooted in a blatantly racist 1886 statute that emerged after the Civil War—“challengers” are permitted to challenge the qualifications of voters who they suspect are not eligible to vote. [New York Times, 10/23/2004; Cincinnati Enquirer, 11/1/2004] Before a challenger can ask a poll worker to question a voter, it must first be shown that there is “reasonable” justification for doubting a voter’s qualifications. All eligible voters must be citizens, at least 18, a resident of the county and must have lived in Ohio for the previous 30 days. The Republicans’ list includes 3,600 challengers, many of whom will be working in the heavily Democratic urban neighborhoods of Cleveland, Dayton and other cities. For example 1,436 of the Republican challengers will be stationed in Cuyahoga County, which includes Cleveland, a Democratic stronghold. The Republicans claim that using challengers is necessary because the Democrats may have fraudulently registered thousands of ineligible voters. The Democrats enlist more than 2,000 recruits as challengers who they hope will protect legitimate voters from being denied their rights by their Republican counterparts. But in some of the most critical counties the Democrats will be grossly outnumbered. For Cuyahoga County, the Democrats will only have 300 challengers. [New York Times, 10/23/2004] Election officials are concerned about the huge number of challenges that are expected at the polls. “I’m not sure how we’re going to accomplish this,” says John Williams, deputy elections director in Hamilton County. “We’ve never had anything like this before.” Some fear that the challengers intend to reduce voter turnout. “Some observers worry the parties will indiscriminately challenge voters in heavily Democratic or Republican precincts as a strategy to discourage people from voting,” The Columbus Dispatch reports. [Columbus Dispatch, 10/23/2004]

Timeline Tags: 2004 Elections

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

The GOP withdraws about 5,000 challenges (See October 22, 2004) in Hamilton County after discovering errors. [Plain Dealer (Cleveland), 10/31/2004]

Timeline Tags: 2004 Elections

Category Tags: Voting Rights, Voter Fraud/Disenfranchisement

County election boards in Ohio hold hearings to verify the voting addresses of roughly 30,000 recently registered voters whose eligibility to vote has been challenged by the Republican Party (see October 22, 2004). [WTOV 9 (Steubenville, OH), 10/27/2004; New York Times, 10/29/2004] According to Democratic officials, Republicans challenging voters at the hearings have little or no evidence to support their claims, other than that the voter’s registration card was returned “undeliverable” (see Between September 2004 and Mid-October 2004). In Summit County, elections officials reject all 976 challenges after the challengers fail to provide evidence. Similarly, in Warren County, officials throw out every one of the county’s 23 challenges. [Plain Dealer (Cleveland), 10/31/2004]

Timeline Tags: 2004 Elections

Category Tags: Voting Rights, Voter Fraud/Disenfranchisement

Conservative Washington Post columnist George Will claims that documented voter fraud took place in the 2002 Wisconsin gubernatorial campaign, when a Democratic candidate’s campaign attempted to buy the votes of a group of mentally challenged citizens (see October 22-31, 2002). Will cites a new book, Stealing Elections, by John Fund, as his source. For his part, Fund cites an unsigned Wall Street Journal op-ed as his source in the book. Fund served on the Wall Street Journal editorial staff in 2002, and may well have written the editorial himself. Neither Fund nor Will reveal to their readers that the voter fraud allegations were found baseless (see November 2, 2002). According to Fund’s book as quoted by Will, a local television station “filmed Democratic campaign workers handing out food and small sums of money to residents of a home for the mentally ill in Kenosha, after which the patients were shepherded into a separate room and given absentee ballots.” Fund’s description is almost entirely inaccurate, as documented by local news stories that followed the initial reporting. [Washington Post, 10/24/2004; Media Matters, 10/25/2004]

Entity Tags: George Will, John Fund

Category Tags: Voting Rights, Voter Fraud/Disenfranchisement

In Ohio, the Lake County Board of Elections issues a notice warning that some of the county’s newly registered voters have received phony letters claiming that the recipients may have been registered illegally and consequently may not be eligible to vote in the November 2004 elections. The unsigned fake letter, dated October 22 and printed on stationary that looks similar to that of the board, reads: “[I]ndependent efforts by the NAACP, America Coming Together, John Kerry for President and the Capri Cafaro for Congress campaigns have been illegally registering people to vote and apply for absentee ballots…. If you have been registered by any of these entities then you may run the risk of being illegally registered to vote. Please be advised that if you were registered in this capacity, that you will not be able to vote until the next election.” [Anonymous, 10/22/2004; News Channel 5 (Cleveland), 10/28/2004; Washington Post, 10/31/2004]

Entity Tags: Lake County Board of Elections (Ohio)

Timeline Tags: 2004 Elections

Category Tags: Voting Rights, Voting Rights

Judge Susan J. Dlott, of Federal District Court in Cincinnati, blocks the election boards of six Ohio counties—Franklin, Lawrence, Medina, Cuyahoga, Scioto, and Trumbull—from holding voter verification hearings (see October 23, 2004-October 29, 2004). [WTOV 9 (Steubenville, OH), 10/27/2004; New York Times, 10/29/2004]

Timeline Tags: 2004 Elections

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

In Akron, Ohio, the Summit County Democratic Party goes to the federal district court in an attempt to block the Republicans’ plan to station some 3,500 “challengers” at voting sites in 65 different Ohio counties (see 4:00 p.m., October 22, 2004). They say that the 1953 vote-challenge law—which critics say is rooted in a blatantly racist 1886 statute that emerged from the Civil War—jeopardizes people’s fundamental right to vote. The law allows citizens to be denied the right without an opportunity to be represented by an attorney or rebut evidence. The case will be decided Monday morning (see Early Morning, November 1, 2004) [Cincinnati Enquirer, 11/1/2004; Columbus Dispatch, 11/1/2004; Los Angeles Times, 11/2/2004]

Timeline Tags: 2004 Elections

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

The United States Court of Appeals for the Sixth Circuit upholds Judge Susan Dlott’s October 28 ruling (see October 28, 2004) halting voter registration hearings (see October 23, 2004-October 29, 2004) in six Ohio counties. [New York Times, 10/29/2004]

Timeline Tags: 2004 Elections

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

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

Entity Tags: Marian Spencer, David Maume, Donald Spencer

Timeline Tags: 2004 Elections

Category Tags: Voting Rights, Voter Fraud/Disenfranchisement

Judge Susan Dlott issues an injunction halting challenge hearings (See October 23, 2004-October 29, 2004) in all of the state’s 88 counties. [New York Times, 10/29/2004]

Entity Tags: Susan J. Dlott

Timeline Tags: 2004 Elections

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

Following Judge Susan Dlott’s ruling (see Afternoon, October 29, 2004), Ohio Secretary of State J. Kenneth Blackwell instructs Ohio Attorney General Jim Petro to recommend to federal judges that all challengers be barred from polling locations. [Columbus Dispatch, 10/31/2004; Cincinnati Enquirer, 11/1/2004] He reasons that poll workers hired and paid by the local election boards and supplied by the parties should be able to protect against voter fraud. He also says the challengers could generate confusion. [New York Times, 10/29/2004; Plain Dealer (Cleveland), 10/31/2004] But Petro refuses, saying that to do so would be a violation of Ohio law. “Neither the secretary of state nor I can negotiate away the legal rights of Ohio’s citizens,” Petro says in a statement. “Thus, I cannot submit to the federal courts the secretary’s unlawful proposal to ban all challengers for all parties, candidates or issues on Election Day.” Both officials are Republicans. [Plain Dealer (Cleveland), 10/31/2004; Columbus Dispatch, 10/31/2004; Cincinnati Enquirer, 11/1/2004]

Entity Tags: J. Kenneth Blackwell, Jim Petro

Timeline Tags: 2004 Elections

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

In a fax to US District Judge Susan Dlott, Assistant Attorney General R. Alexander Acosta, offers the Justice Department’s unsolicited opinion on a pre-election lawsuit that has been filed by Donald and Marian Spencer (see October 29, 2004), elderly African American civil rights activists, who claim that Republican plans to deploy thousands of partisan challengers to Ohio polls on election day violates the US Constitution and the 1965 Voting Rights because it targets black neighborhoods in Hamilton County. Copies of the fax are sent to Al Gerhardstein, who is representing the Spencers, and Ohio Attorney General Jim Petro. [Beacon Journal (Akron, OH), 10/31/2004; Plain Dealer (Cleveland), 10/31/2004] Acosta writes in his letter that civil rights lawyers for the Bush administration’s Justice Department see no reason why the plan would be illegal. “[N]othing in the Voting Rights Act facially condemns challenge statutes,” the letter claims. Bush’s Justice Department also argues that “[r]estricting the ability of citizens to make challenges when they have such information would undermine the ability of election officials to enforce their own state laws that govern the eligibility for voting.” [Plain Dealer (Cleveland), 10/31/2004; Beacon Journal (Akron, OH), 10/31/2004; Los Angeles Times, 11/1/2004] Gerhardstein says he believes the Justice Department may have breached legal rules by contacting the judge directly. “It is totally unusual, it is unprecedented for the Justice Department to offer its opinions on the merits of a case like that,” he tells the Cleveland Plain Dealer. “This is the civil rights division saying it is OK for voters to be ambushed when they reach for a ballot.” [Plain Dealer (Cleveland), 10/31/2004] Similarly, he tells the Los Angeles Times: “The Justice Department is not a party to the case. They have not filed a motion to intervene in the case or filed an amicus brief. They volunteered information that goes beyond any federal interest.” [Los Angeles Times, 11/1/2004]

Entity Tags: US Department of Justice, R. Alexander Acosta, Marian Spencer, Al Gerhardstein, Donald Spencer, Susan J. Dlott

Timeline Tags: 2004 Elections

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

Ohio Attorney General Jim Petro, a Republican, files a suit in the 6th US Circuit Court of Appeals asking for a stay of the court decisions in Akron (See Late October 2004) and Cincinnati (See Evening, October 31, 2004). Petro claims that the two federal judges, one of whom was appointed by George Bush in 2002, are “injecting themselves” into the presidential elections and rewriting Ohio’s election laws. [Plain Dealer (Cleveland), 11/2/2004] The court will grant the stay early the following morning (See 1:24 a.m., November 1, 2004).

Entity Tags: Jim Petro

Timeline Tags: 2004 Elections

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

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

Entity Tags: Marian Spencer, Donald Spencer

Timeline Tags: 2004 Elections

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

In Cincinnati, US District Judge Susan J. Dlott rules on a case brought by Donald and Marian Spencer (see Evening, October 31, 2004), in which the couple challenged the GOP’s plan to deploy challengers to polling sites in Hamilton County (see 4:00 p.m., October 22, 2004). Dlott, appointed by Clinton in 1994, rules against the Republican plan, noting that there is no need to have challengers since Ohio already requires the presence of election judges at precincts in order to avoid voter fraud. “Under Ohio law, each polling place is staffed by four election judges, no more than two of whom can be from a single party,” the Los Angeles Times explains. “One of the four is appointed by each county election board to be the presiding judge, who can rule on challenges to a voter’s qualifications.” Dlott warns in her 18-page decision that the Republican plan, if permitted, could cause “chaos, delay, intimidation and pandemonium inside the polls and in the lines outside the door.” She notes “that 14 percent of new voters in a majority white location will face a challenger… but 97 percent of new voters in a majority African American voting location will see such a challenger.” Dlott says also that the law permitting challengers does not sufficiently protect citizens’ fundamental right to vote. [Cincinnati Enquirer, 11/1/2004; Columbus Dispatch, 11/1/2004; Los Angeles Times, 11/2/2004; Cincinnati Enquirer, 11/2/2004] Dlott ruling is very similar to another one that is delivered a few hours later in a similar case in Akron (see Early Morning, November 1, 2004). Commenting on the two rulings, two election law experts, professor Edward Foley of Ohio State University Law School in Columbus and Richard L. Hasen of Loyola Law School in Los Angeles, both tell the Los Angeles Times that they consider it significant that the two judges have provided similar rationales for their rulings. “It is quite striking that the reasoning of both judges is the same and they echo one another,” Foley says. [Los Angeles Times, 11/2/2004]

Entity Tags: Susan J. Dlott, Marian Spencer, Richard L. Hasen, Edward Foley, Donald Spencer

Timeline Tags: 2004 Elections

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

In Akron, Ohio, US District Judge John R. Adams rules on a case brought by local residents (see Late October 2004), challenging the Republicans’ plan to station challengers at polling sites in 65 Ohio counties (see 4:00 p.m., October 22, 2004). Adams, appointed by Bush in 2002, rules against the GOP plan. In his decision he notes that Ohio already requires the presence of election judges at precincts in order to avoid voter fraud and that there is therefore no need to place challengers at the polls. “Under Ohio law, each polling place is staffed by four election judges, no more than two of whom can be from a single party,” the Los Angeles Times explains. “One of the four is appointed by each county election board to be the presiding judge, who can rule on challenges to a voter’s qualifications.” Judge Adams also expresses concern that “random challenges or challenges without cause advanced by members of any political party… could result in retaliatory ‘tit for tat’ challenges at the polling places.” Furthermore, he argues, “If challenges are made with any frequency, the resultant distraction and delay could give rise to chaos and a level of voter frustration that would turn qualified electors away from the polls” Finally, Adams also says that the law permitting challengers does not adequately protect a citizen’s fundamental right to vote. [Los Angeles Times, 11/2/2004] Adams ruling is very similar to another one that was delivered just a few hours ago in a similar case in Cleveland (see 1:24 a.m., November 1, 2004). Commenting on the two rulings, two election law experts, professor Edward Foley of Ohio State University Law School in Columbus and Richard L. Hasen of Loyola Law School in Los Angeles, both tell the Los Angeles Times that they consider it significant that the two judges have provided similar rationales for their rulings. “It is quite striking that the reasoning of both judges is the same and they echo one another,” Foley says. [Los Angeles Times, 11/2/2004]

Entity Tags: Edward Foley, John R. Adams, Richard L. Hasen

Timeline Tags: 2004 Elections

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

The US 6th Circuit Court of Appeals overturns a ruling made by a federal district court the previous day (See Evening, October 31, 2004) which had barred Republicans from challenging voters at the polls (See 4:00 p.m., October 22, 2004). The appeals court is presided by three judges, two of which were appointed by Republican presidents—Judge John M. Rogers, who was appointed by President Bush in 2002, and Senior Judge James L. Ryan, who was appointed by President Reagan in 1985. Judge Rogers writes in the court’s decision: “Longer lines may, of course, result from delays and confusion when one side in a political controversy employs” challenges “more vigorously than in previous elections,” but “such a possibility does not amount to the severe burden upon the right to vote” that would justify a court order. Appeals Court Judge R. Guy Cole Jr., a 1995 appointee of President Clinton, disagrees. In his dissenting opinion, he says that under the Republican plan, “partisan challengers for the first time since the civil rights era seek to target precincts that have a majority African American population and without any legal standards or restrictions, challenge the voter qualifications of people as they stand waiting to exercise their fundamental right to vote.” He adds: “In this case, we anticipate the arrival of hundreds of Republican lawyers to challenge voter registration at the polls. Behind them will be hundreds of Democrat lawyers to challenge these challengers’ challenges. This is a recipe for confusion and chaos.” [Los Angeles Times, 11/2/2004]

Entity Tags: James L. Ryan, John M. Rogers, R. Guy Cole Jr.

Timeline Tags: 2004 Elections

Category Tags: Voting Rights, Voter Fraud/Disenfranchisement

A five-member team in the Justice Department’s civil rights division reviews a new Georgia law requiring voters to present a photo ID or buy one for $20. Four of the five members say the law will disproportionately suppress minority votes because minorities are less likely to have a driver’s license or passport. Division supervisors—Bush administration political appointees—approve the law in spite of the team’s conclusion. A judge later throws the law out, comparing it to a Jim Crow-era poll tax (see September 19, 2006). The single member of the division team who favored the law is a recent political hire, a graduate of the University of Mississippi Law School, and a member of the Federalist Society and the Christian Legal Society (see Fall 2002 and After). [Savage, 2007, pp. 297]

Entity Tags: Christian Legal Society, US Department of Justice, Federalist Society, Civil Rights Division (DOJ), Bush administration (43)

Timeline Tags: 2008 Elections

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

March 2005: Nebraska Lessens Ban on Felon Voting

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

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

Category Tags: Voting Rights, Election, Voting Laws and Issues

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

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

Category Tags: Voting Rights, Election, Voting Laws and Issues

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

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

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

US Attorneys David Iglesias of New Mexico and Steven M. Biskupic of Wisconsin are chosen by the Justice Department to teach other federal prosecutors how to pursue voter fraud and other election crimes at a symposium hosted by the department’s public integrity and civil rights sections. The symposium is attended by over 100 prosecutors from around the country. Iglesias will later say that he and Biskupic were chosen because they are the only two US Attorneys to have created task forces to examine allegations of voter fraud in the 2004 elections (see September 7 - October 6, 2004 and Early 2005). The two-day seminar features a luncheon speech by Attorney General Alberto Gonzales. [Washington Post, 3/19/2007]

Entity Tags: Steven M. Biskupic, Alberto R. Gonzales, David C. Iglesias, US Department of Justice

Category Tags: 2006 US Attorney Firings, Voter Fraud/Disenfranchisement, Voting Rights

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

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

Category Tags: Election, Voting Laws and Issues, Voting Rights

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

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

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

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