With less than four weeks to go before Election Day, a plethora of court decisions on rules engineered by Republicans to suppress the vote of citizens more likely to cast ballots for Democrats could make for confusion that itself suppresses turnout. Some people who might have voted in states affected by these decisions—in Ohio, North Carolina, Wisconsin and elsewhere—could just throw up their hands and not even try to vote. Or, as happened in 2012 in some locales, the perception among African Americans that Republicans are screwing with their voting rights could spark a bigger-than-usual turnout.
Look at Ohio, for example. After three years mucking about with partisan intent on early voting, Secretary of State Jon Husted won a victory last week when the U.S. Supreme Court blocked the decision of a lower court to restore seven days of early voting that the legislature had removed. That included the "Golden Week" during which citizens could register and vote on the same day. The ruling was 5-4, the majority comprised solely of the Court's Republican-appointed justices. Trip Gabriel at the New York Times reports:
“It’s not like we eliminated early voting,” Mr. Husted said, noting he had mailed forms to every registered voter to request an absentee ballot. “We still have a more expansive menu of opportunities than almost any state in the country.”
Ms. [Nina] Turner, his Democratic opponent, cited a study showing that in Cuyahoga County, which includes Cleveland, African-Americans accounted for 28 percent of all votes in the 2008 presidential election, but 78 percent of early in-person votes. Absentee mail-in ballots were used mostly by whites. “What is it about Golden Week and extra hours on weekends and evenings that Republicans hate so much?” Ms. Turner said. “These laws really are about voter suppression, and they know it.”
Indeed they do.
Then there is North Carolina where Democratic Sen. Kay Hagan has maintained a small lead against Republican challenger Thomas Tillis. In the wake of the Supreme Court's 2013 decision to toss out a crucial provision of the Voting Rights Act, the state enacted one of the nation's strictest voting laws. Gabriel again:
In blocking parts of that law last week, the United States Court of Appeals for the Fourth Circuit ordered that residents must be able to register and vote on the same day, and that ballots accidentally cast in the wrong precinct must be counted. Judge James A. Wynn Jr., an Obama appointee, noted in his ruling that African-Americans in the state used early voting at twice the rate of whites, and they moved more often, making it more likely that they might vote in the wrong precinct. “Why doesn’t North Carolina want people to vote?” the judge asked.
The state is seeking a stay of Wynn's ruling. At least nine of the state's leading newspapers
have published editorials saying that ruling should be allowed to stand.
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There's more below the fold.
In Wisconsin, officials are scrambling to implement a strict voter ID law that foes say could suppress the vote of low-income people and people of color. In a decision that surprised nobody, the 7th Circuit Court of Appeals ruled Monday that the law is constitutional. Supporters say it's not a problem because almost everyone already has an acceptable photo ID and those who don't still have time to get one despite evidence that it's a hardship for many to acquire the needed documents to obtain such an ID. In Texas, a federal district judge has yet to rule on that state's much-disputed voter ID law, which was, like North Carolina's, passed after the Supreme Court chucked that key piece of the VRA.
As noted, the impact of these decisions, both those already made and those hanging fire, is hard to judge. Will they reduce turnout? Or will they spark anger among groups of people who justifiably see themselves as targets Republicans seek to keep away from the polls?
In those states where the secretary of state supervises elections, getting the right person in place could make all the difference in the future. In Iowa, for instance, instead of backing voter suppression efforts such as enacting a stricter voter ID law, Democratic candidate Brad Anderson says he is determined to put the state on a path to beat out Minnesota as the state with the highest voter turnout. That's a contest every secretary of state ought to engaged in.
Join us in helping to elect candidates for secretaries of state who will use their authority to increase voter turnout instead of suppressing it. Please chip in to help the five Democratic candidates for secretary of state endorsed by Daily Kos.
Voting by mail is convenient, easy, and defeats the best of the GOP's voter suppression efforts. Sign up here to check eligibility and vote by mail, then get your friends, family, and coworkers to sign up as well.