Election Protection: Our Broken Voting System and How to Repair It

Desiline Victor, you are not alone.

A report released on February 12, 2013 by the Election Protection coalition, led by the Lawyers’ Committee for Civil Rights Under Law, pledges to address the “endemic yet solvable problems [that] continue to plague our system of elections and prevent too many eligible voters from fully participating in our democracy.”

NVRA enforcement crucial for voter participation

With voting rights under attack nationwide, we must remember our democracy is only strongest when all citizens have the opportunity to participate – which is exactly why the enforcement of the National Voter Registration Act has grown increasingly paramount ahead of the November election, especially its provision affording public assistance recipients the opportunity to register to vote at public assistance agencies.

A coalition of voting rights advocates is working to hold states accountable. Litigation citing NVRA violations has been brought against nine states – most recently in Nevada against Secretary of State Ross Miller and Department of Health & Human Services Director Michael Willden. Litigation could soon follow in Alabama where Demos has joined the Lawyers’ Committee for Civil Rights Under Law and Project Vote in filing notice against Secretary of State Beth Chapman.

Sarah Brannon, Project Vote:

DOJ again rejects South Carolina voter ID

On June 29, the Department of Justice for the second time declined to approve South Carolina’s voter ID law, HB 3003, originally sponsored by ALEC member Alan Clemmons. State Attorney General Alan Wilson sued the federal government after DOJ first rejected the law last year. The trial has been set for September 24. With that late date, the law is unlikely to be in effect by November.

Senate Judiciary Committee shines light on voter suppression

On June 26, 2012 the Senate Judiciary Committee held a hearing on the Deceptive Practices and Voter Intimidation Prevention Act (S. 1994). Sponsored by Senators Charles Schumer and Ben Cardin, the bill would amend federal criminal law to prohibit deceiving voters about when to vote and the qualifications for voting. It would also prescribe federal criminal penalties for doing so.

Senator Schumer:

Supreme Court declines to issue stay in Arizona voter ID case

Back in 2004, Arizona voters passed Proposition 200, which required people in the state to produce proof of citizenship in order to vote and use public services. Two years later, PFAW Foundation joined voting rights supporters in filing suit against its voting-related provisions. In 2010, a three-judge panel of the Ninth Circuit struck down the law’s requirement that voters provide proof of citizenship, but upheld its voter ID provisions. In April of this year, the full Ninth Circuit ruled the same.

Last week, the US Supreme Court refused to continue a stay of the Ninth Circuit’s decision, which had previously been granted by Justice Kennedy at the request of Arizona Attorney General Tom Horne. Horne had sought to keep the citizenship provisions in place pending appeal.

Purge sparks three lawsuits in Florida

Problems plague Wisconsin voters

Last May, Wisconsin Governor and ALEC Alum Scott Walker signed Act 23 (aka AB 7), a voter ID law that also counts ALEC affiliated legislators among its sponsors. Thanks to the NAACP/Voces and LWV court challenges, voters in Tuesday’s recall election were not legally required to produce ID in order to vote – but that doesn’t mean Election Day was problem free.