A man at the Selma to Montgomery marches held in support of voter rights, Alabama, late March, 1965. Photograph: Robert Abbott Sengstacke/Getty Images
Voter fraud is more rare than being struck by lightning, yet the fear-mongering persists. Don’t blame Donald Trump – blame America’s democratic model
by Andrew Gumbel in Los Angeles
Wed 13 Sep 2017 05.00 EDT Last modified on Fri 9 Feb 2018 13.38 EST
When Kris Kobach was first running for office in Kansas in 2010, he claimed he’d found evidence that thousands of Kansans were assuming the identities of dead voters and casting fraudulent ballots – a technique once known as ghost voting.
Kobach even offered a name, Albert K Brewer of Wichita, who he said had voted from beyond the grave in the primaries that year.
But then it emerged .. http://cjonline.com/news-state/2010-10-29/kobach-slips-voting-claim .. that Albert K Brewer, aged 78, was still very much alive, a registered Republican like Kobach, and more than a little stunned to be told he’d moved on to the great hereafter. No evidence emerged that anyone had ghost voted in Kansas that year.
Seven years on, as Donald Trump’s point man on reforming the US electoral system, Kobach has not backed away from those same scare tactics – no matter that he is frequently called a fraud .. http://www.kansas.com/news/politics-government/article149898107.html .. and a liar, and his allegations entirely baseless.
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Kris Kobach, vice-chair of the Presidential Advisory Commission on Election Integrity, at Trump International Golf Course. Photograph: Drew Angerer/Getty Images
Vanita Gupta, who headed the justice department’s civil rights division under President Obama, calls the commission “a pretext … to kick millions of eligible voters off the rolls and undermine the sanctity of our election systems”. Already in conjunction with a commission hearing in New Hampshire on Tuesday, a Kobach ally proposed .. http://www.kansascity.com/news/politics-government/article172638276.html .. instituting a system of background checks on voters as strict as the checks liberal groups want to impose on gun buyers.
Kobach did not respond to an interview request from the Guardian.
While it may seem astonishing to see such tactics being deployed in the world’s most powerful democracy, they cannot be attributed solely to the rise of Trump. In truth, the politics of electoral combat have been heating towards boiling point for a decade and a half – and are the product of a political system that has never, in more than two centuries, resolved basic questions of democratic accountability and is thus unique in the developed western world.
•••
The 2000 presidential election, and in particular the bruising 36-day fight over Florida’s votes, exposed flaws in the US electoral system that many Americans had not thought about since the end of segregation and the landmark achievements of the civil rights era.
Not only was there a problem of reliability with the voting machines, it also became clear that the United States had never established an unequivocal right to vote; had never established an apolitical, professional class of election managers; and had no proper central electoral commission to set standards and lay down basic rules for everyone to follow, free of political interference.
In Mississippi, two African American men vote for the first time in the 1946 Democratic primary. Many southern states have persisted with Jim Crow-era laws the disproportionately impact black voters. Photograph: Bettmann/Bettmann Archive
In the absence of such a body, every jurisdiction was free to play fast and loose with the rules on everything from voter eligibility to whether or not to conduct recounts.
“All these different systems in different counties with no accountability … it’s like the poorest village in Africa,” the chair of South Africa’s Independent Electoral Commission, Brigalia Bam, later exclaimed on a follow-up tour of Florida on the eve of the 2004 presidential election.
Much of that dysfunction harks back to the country’s shameful racial history. To circumvent constitutional amendments passed in the wake of the civil war, southern states approved a slew of discriminatory laws and introduced literacy tests and good character tests (also adopted in parts of the north) that made it next to impossible for black voters to cast their ballots. James Vardaman, the despotic governor of Mississippi, admitted in 1890 that his state’s new constitution had “no other purpose than to eliminate the nigger from politics”.
Even after segregation and Jim Crow voting laws came to a formal end in the south, modern politicians remained susceptible to the temptations of racist dog-whistles as a way of mustering the support of white voters and justifying the restriction of minority voting rights. Many southern states, for example, have persisted with segregation-era laws banning felons and ex-felons from voting – a restriction that disenfranchised an estimated 6 million voters .. http://www.sentencingproject.org/issues/felony-disenfranchisement/ .. in 2016, a vastly disproportionate number of them black men.
The Republicans have been especially prone to such corruptions because they are now the natural ruling party in the south, and they have resorted to a similar playbook to the segregation-era Democrats: stoking resentment of northern elites and harking back to the “lost cause” of the civil war. They have also become increasingly insecure about their ability to win national elections. Demographic shifts have eroded their overwhelmingly white base of support, and they have so far resisted repeated entreaties from party elders to broaden that support by moderating their policy positions.
- Voter fraud was often invoked in the segregation era as an excuse to crack down on the rights of blacks and poor whites -
After the fight over the 2000 presidential race, the GOP’s response was not to sigh with relief that George W Bush squeaked into the White House, but rather to cry foul about African American voters being allowed to stay in line beyond the official poll closing time in St Louis .. http://www.motherjones.com/politics/2012/07/voter-suppression-kevin-drum/ , and to initiate a long, vicious publicity drive to insinuate that voterregistration efforts .. http://www.factcheck.org/2008/10/acorn-accusations/ .. in poor inner city neighborhoods were in fact corrupt enterprises to stuff voter rolls and ballot boxes on behalf of the Democrats.
Often, Republicans seemed to be evoking the era of New York’s Boss Tweed, when voting numbers were routinely padded by repeat voters, out-of-towners, foreigners, and phantom voters who were in reality pets, fictional characters, or stone-cold dead. Such practices, however, were sharply curtailed after the introduction of the secret ballot in the late 19th century, and ceased to be a factor of any significance after the last of the corrupt big city machines was brought to heel and reformed in the 1970s and 1980s. Voter impersonation – of the type Trump has invoked – is not a significant factor, and study after study has shown that while individual voter fraud does occasionally occur, it is rarer than being struck by lightning .. http://www.pressherald.com/2016/10/18/analysis-heres-why-vote-fraud-is-less-likely-than-being-struck-by-lightning/ .
The specter of voter fraud was often invoked in the segregation era as an excuse to crack down on the rights of blacks and poor whites, and so it has proved in this century.
At the Martin Luther King Library in Washington, voters wait in line to vote in the 2008 presidential election. Photograph: Brendan Smialowski/Getty Images
Most insidious of these efforts has been the introduction of strict new voter ID laws in Republican-run states across the country, because they have proven easy to sell as a common-sense antifraud measure. They also happen to create difficulties for voters – the transient, the elderly, students, the poor, all less likely to have driver’s licenses or other government ID – who are disproportionately black or brown and tend to favor the Democrats.
A government study .. https://www.gao.gov/products/GAO-14-634 .. has suggested that the introduction of stricter ID requirements could shave two to three percentage points off the Democratic party total.
•••
One brake on this trend used to be the 1965 Voting Rights Act, passed at the height of the civil rights era, which gave the justice department veto power over any new election rule or law passed in parts of the country with a proven history of racial discrimination. But in 2013, this so-called preclearance provision of the act was scrapped when the supreme court decided in a hugely controversial 5-4 decision .. http://www.nytimes.com/interactive/2013/06/25/us/annotated-supreme-court-decision-on-voting-rights-act.html .. that racial discrimination was no longer pervasive enough in the south to justify it.
Demonstrators in Palm Beach County, Florida, demand a revote of the 2000 presidential election. Photograph: Marta Lavandier/Associated Press
Throughout this period, Kobach has not only offered his support to nationwide voter suppression efforts but has been a leader in pushing them as far as possible. In Kansas, where he is secretary of state, he pushed for and eventually obtained a “proof of citizenship” requirement – now being litigated in court – that risked disenfranchising an estimated 7% of eligible voters .. https://www.brennancenter.org/page/-/d/download_file_39242.pdf .. who do not have a passport or birth certificate.
He has also championed an interstate system of crosschecking voter registrations nationwide that independent studies .. https://5harad.com/papers/1person-1vote.pdf .. have shown to be riddled with errors and that critics say is in effect a monstrous mechanism to purge the voter rolls.
Trump owes his political rise to many of the same impulses that have guided this trend in Republican politics. He was himself an enthusiastic “birther” and kicked off his presidential campaign with open appeals to anti-immigrant hostility. Even before the election he was warning of the risk of massive voter fraud .. http://www.cnn.com/2016/10/18/politics/donald-trump-rigged-election/index.html .. and tying it in his supporters’ minds to the specter of out-of-control immigration policies.
All that helps explain the extraordinary alarm and anger that Kobach’s work with the presidential advisory commission has triggered.
It explains, too, why the Senate minority leader Chuck Schumer – suddenly in the spotlight .. https://www.nytimes.com/2017/09/09/us/politics/chuck-schumer-new-washington.html .. following last week’s cross-party deal on lifting the budgetary debt ceiling – saw the racist violence in Charlottesville, and Trump’s failure to offer a full-throated condemnation, as a reason to shut down the election commission. Advertisement
“The president’s ‘Election Integrity Commission’ and the actions of the attorney general are wolves in sheep’s clothing. They are a ruse. Their only intention is to disenfranchise voters.”
Andrew Gumbel is a Los Angeles-based journalist and author whose most recent book, Down for the Count: Dirty Elections and the Rotten History of Democracy in America .. http://thenewpress.com/books/down-for-count , was published in 2016.
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