Voter Registration Access Under Attack in Texas

Over the last several years, Texas has received extensive attention for its partisan-driven efforts to limit access to the democratic process. This year is no different in the Red state that features a Legislature that is fiercely pushing a controversial photo voter ID law and a voter ID-supportive governor who is also a rumored presidential hopeful. But Texas’ assault on democracy doesn’t just begin with voter ID, it starts with voter registration and the groups that facilitate voter registration between the citizen and the government.

Across the nation, an estimated 28 million citizens rely on community-based voter registration drives to register to vote for the first time or update their registration whenever they move.

According to the 2008 Current Population Survey, nine million citizens reported having registered through a “voter registration drive.” But, “This likely seriously undercounts the total impact of voter registration drives, however, as 9.4 million citizens…reported that they registered ‘at a school, hospital, or on campus’—all locations where voter registration drives are often conducted by civic organizations and student groups,” wrote Doug Hess and Jody Herman in Project Vote report, Representational Bias in the 2008 Electorate.

Another 9.7 million registered to vote through mail-in voter registration applications, many of whom presumably received these applications from voter registration drives or organizations that distributed the forms through the postal or electronic mail.

A number of these citizens are likely underrepresented young and low-income citizens who move more frequently and are required to update their registration more regularly.

However, since 2008, voter registration drives have been placed under an unprecedented amount of scrutiny and restriction that appears to be less about preventing voter registration fraud and more about simply erasing these drives—that millions of Americans rely upon—from existence.

Currently, the Texas House is considering overwrought, unsound bills that would do more harm than good. Rather than focusing on regulating the quality of registration cards submitted to the registrar, these bills focus on the community organization’s employment standards.

House bills 239, 1269, and 1270 would put onerous government regulations on voter registration drives’ ability to manage their own employees in the hiring and firing process. Poorly drafted, HB 239 attempts to prevent an employer from terminating an employee that fails to maintain a minimum standard of performance. In this case, it attempts to make it a felony to fire an employee because the employee does not collect a minimum number of applications. However, since that minimum could be one, the bill in effect requires an employer to continue to pay an employee who is so incompetent that he could not collect one application during a six-hour shift.

Unlike a reasonable rule to eliminate paying canvassers per application to prevent fraudulent activity,HB 239 stops employers from setting basic standards to ensure basic productivity. Further, the bill appears to give dishonest employees legal leverage: by making it a felony to fire an employee for not meeting standards, the government will be making it more difficult to fire any employee, even one suspected of fraud.

Adding to the counterproductive regulations on voter registration drives, HB 1269 and HB 1270 put arbitrary restrictions on who may be a deputy registrar, requiring them to be registered Texas residents, for example. These types of measures restrict the employee pool to the state of Texas only. For national groups that run these drives, this means the best workers in the country cannot be considered, debilitating the effectiveness of a drive.

None of these bills result in substantial benefits to the government that cannot be attained through cooperation with voter registration groups and the application of current laws. Applications submitted by voter registration drives are no more problematic than those from other sources: for example, rejection rates of applications submitted by Motor Vehicle Departments, Public Assistance Agencies, and other sources are often as high or higher than rejection rates from voter registration drives.

House Bills 239, 1269, and 1270 are unwise and counterproductive exercises of the legislative process. They should be soundly defeated, and then a serious dialogue about how to ensure honest and effective voter registration drives can begin.

Officials Dispute Need for Voter ID in Their States

Since the 2010 midterm elections and the Republican takeover of several state houses, the fight to enact controversial photo voter ID bills has dominated legislative debates that would otherwise be devoted to tacking swelling state deficits. This week alone, WisconsinKansasTennesseeMissouri, andMinnesota made headlines for this contentious issue. Now, municipal officials, an election clerk, and voting rights advocates weigh in on what these bills really mean to voters and their states at large.

State policymakers; take notice of what they have to say.

In Wisconsin, there is an apparent movement among municipal council members across the state to denounce the Legislature’s intent to enact a strict photo ID law that can be costly to the state and discriminatory to voters.

Yesterday, the Milwaukee Common Council voted 8-1 to oppose state voter ID legislation, urging the Legislature to expand the list of acceptable forms of ID, among other provisions.

"This is a bad bill, and it will disenfranchise people - a lot of people," Ald. Ashanti Hamilton said in a Milwaukee Journal Sentinel report. "For us not to take a position in opposition to it would be irresponsible."

Appleton Ald. Kole Oswald is trying to get municipal leaders across Wisconsin to show state policymakers that they want "no part of a proposal requiring residents to show identification before voting."

"I think this is definitely a city issue because the costs and consequences passed down from Madison will trickle down to us," Oswald said. "The state needs to listen to the clerk's offices from different municipalities and make sure their voices are being heard."

Oswald, who planned to debate his resolution today during the city's Finance and Administration Committee meeting, questions state policy makers’ motives in passing a voter ID law during an economic crisis, according to anAppleton Post Crescent report.

"Their platform was jobs and economic growth and cutting spending," he said. "Where is the public outcry for a photo ID law? Where is the public outcry to end same-day registration? This does not seem to be a citizen-driven process."

Partisan operatives have drilled fear of voter fraud into the public consciousness to gain support for regressive voter ID laws by making voters believe that their votes are overridden by a legion of voter impersonators. However, the Post Crescent reports that out of 2.99 million votes cast in 2008, 20 people were charged with illegal voting in the state and “more than half of the cases involved felons who were ineligible to vote,” two “were people who each voted twice,” and “one of them obtained an absentee ballot in his late wife’s name.”

A photo ID would not have prevented any of these alleged instances of illegal voting.

The voter fraud scare was exploited once again this week by Kansas by Secretary of State Kris Kobach, who claims voter fraud is more widespread than he thought. Kobach’s claims even captured the attention of a Harvey County clerk who contradictorily “likes” the law that he supports, but says widespread voter fraud is not an issue in her county.

The clerk, Joyce Truskett says in the five years that she has administered elections, she has found three cases of illegal voting. "Out of 20,000 voters, I'll take that," she said in a recent Newton Kansan report. It was unclear if these cases involved voter impersonation, the only type of illegal voting that a voter ID would prevent.

Kobach claims that there are 59 reports of irregularities involving 221 ballots since 1997, double the amount from a 2008 report. However, Kansas NAACP President Kevin Myles disputes these statistics.

“Even if this is true, it's a very small amount when you take into account that approximately 10 million votes have been cast during that time period,” according to a KWCH-TV report. He adds that of the 221 cases, only two would actually be detected by the proposed measure.

Even though Truskett says there is no issue with fraud, she approves of the bill and claims a voter ID law, which is estimated to cost at least $60,000, will not be difficult to implement for election administrators. But, she warns, “unless our courts are willing to prosecute, it doesn’t do any good. The courts are very busy, and they have lots of other fish to fry."

Officials Dispute Need for Voter ID in Their States

Since the 2010 midterm elections and the Republican takeover of several state houses, the fight to enact controversial photo voter ID bills has dominated legislative debates that would otherwise be devoted to tacking swelling state deficits. This week alone, WisconsinKansasTennesseeMissouri, andMinnesota made headlines for this contentious issue. Now, municipal officials, an election clerk, and voting rights advocates weigh in on what these bills really mean to voters and their states at large.

State policymakers; take notice of what they have to say.

In Wisconsin, there is an apparent movement among municipal council members across the state to denounce the Legislature’s intent to enact a strict photo ID law that can be costly to the state and discriminatory to voters.

Yesterday, the Milwaukee Common Council voted 8-1 to oppose state voter ID legislation, urging the Legislature to expand the list of acceptable forms of ID, among other provisions.

"This is a bad bill, and it will disenfranchise people - a lot of people," Ald. Ashanti Hamilton said in a Milwaukee Journal Sentinel report. "For us not to take a position in opposition to it would be irresponsible."

Appleton Ald. Kole Oswald is trying to get municipal leaders across Wisconsin to show state policymakers that they want "no part of a proposal requiring residents to show identification before voting."

"I think this is definitely a city issue because the costs and consequences passed down from Madison will trickle down to us," Oswald said. "The state needs to listen to the clerk's offices from different municipalities and make sure their voices are being heard."

Oswald, who planned to debate his resolution today during the city's Finance and Administration Committee meeting, questions state policy makers’ motives in passing a voter ID law during an economic crisis, according to anAppleton Post Crescent report.

"Their platform was jobs and economic growth and cutting spending," he said. "Where is the public outcry for a photo ID law? Where is the public outcry to end same-day registration? This does not seem to be a citizen-driven process."

Partisan operatives have drilled fear of voter fraud into the public consciousness to gain support for regressive voter ID laws by making voters believe that their votes are overridden by a legion of voter impersonators. However, the Post Crescent reports that out of 2.99 million votes cast in 2008, 20 people were charged with illegal voting in the state and “more than half of the cases involved felons who were ineligible to vote,” two “were people who each voted twice,” and “one of them obtained an absentee ballot in his late wife’s name.”

A photo ID would not have prevented any of these alleged instances of illegal voting.

The voter fraud scare was exploited once again this week by Kansas by Secretary of State Kris Kobach, who claims voter fraud is more widespread than he thought. Kobach’s claims even captured the attention of a Harvey County clerk who contradictorily “likes” the law that he supports, but says widespread voter fraud is not an issue in her county.

The clerk, Joyce Truskett says in the five years that she has administered elections, she has found three cases of illegal voting. "Out of 20,000 voters, I'll take that," she said in a recent Newton Kansan report. It was unclear if these cases involved voter impersonation, the only type of illegal voting that a voter ID would prevent.

Kobach claims that there are 59 reports of irregularities involving 221 ballots since 1997, double the amount from a 2008 report. However, Kansas NAACP President Kevin Myles disputes these statistics.

“Even if this is true, it's a very small amount when you take into account that approximately 10 million votes have been cast during that time period,” according to a KWCH-TV report. He adds that of the 221 cases, only two would actually be detected by the proposed measure.

Even though Truskett says there is no issue with fraud, she approves of the bill and claims a voter ID law, which is estimated to cost at least $60,000, will not be difficult to implement for election administrators. But, she warns, “unless our courts are willing to prosecute, it doesn’t do any good. The courts are very busy, and they have lots of other fish to fry."

Officials Dispute Need for Voter ID in Their States

Since the 2010 midterm elections and the Republican takeover of several state houses, the fight to enact controversial photo voter ID bills has dominated legislative debates that would otherwise be devoted to tacking swelling state deficits. This week alone, WisconsinKansasTennesseeMissouri, andMinnesota made headlines for this contentious issue. Now, municipal officials, an election clerk, and voting rights advocates weigh in on what these bills really mean to voters and their states at large.

State policymakers; take notice of what they have to say.

In Wisconsin, there is an apparent movement among municipal council members across the state to denounce the Legislature’s intent to enact a strict photo ID law that can be costly to the state and discriminatory to voters.

Yesterday, the Milwaukee Common Council voted 8-1 to oppose state voter ID legislation, urging the Legislature to expand the list of acceptable forms of ID, among other provisions.

"This is a bad bill, and it will disenfranchise people - a lot of people," Ald. Ashanti Hamilton said in a Milwaukee Journal Sentinel report. "For us not to take a position in opposition to it would be irresponsible."

Appleton Ald. Kole Oswald is trying to get municipal leaders across Wisconsin to show state policymakers that they want "no part of a proposal requiring residents to show identification before voting."

"I think this is definitely a city issue because the costs and consequences passed down from Madison will trickle down to us," Oswald said. "The state needs to listen to the clerk's offices from different municipalities and make sure their voices are being heard."

Oswald, who planned to debate his resolution today during the city's Finance and Administration Committee meeting, questions state policy makers’ motives in passing a voter ID law during an economic crisis, according to anAppleton Post Crescent report.

"Their platform was jobs and economic growth and cutting spending," he said. "Where is the public outcry for a photo ID law? Where is the public outcry to end same-day registration? This does not seem to be a citizen-driven process."

Partisan operatives have drilled fear of voter fraud into the public consciousness to gain support for regressive voter ID laws by making voters believe that their votes are overridden by a legion of voter impersonators. However, the Post Crescent reports that out of 2.99 million votes cast in 2008, 20 people were charged with illegal voting in the state and “more than half of the cases involved felons who were ineligible to vote,” two “were people who each voted twice,” and “one of them obtained an absentee ballot in his late wife’s name.”

A photo ID would not have prevented any of these alleged instances of illegal voting.

The voter fraud scare was exploited once again this week by Kansas by Secretary of State Kris Kobach, who claims voter fraud is more widespread than he thought. Kobach’s claims even captured the attention of a Harvey County clerk who contradictorily “likes” the law that he supports, but says widespread voter fraud is not an issue in her county.

The clerk, Joyce Truskett says in the five years that she has administered elections, she has found three cases of illegal voting. "Out of 20,000 voters, I'll take that," she said in a recent Newton Kansan report. It was unclear if these cases involved voter impersonation, the only type of illegal voting that a voter ID would prevent.

Kobach claims that there are 59 reports of irregularities involving 221 ballots since 1997, double the amount from a 2008 report. However, Kansas NAACP President Kevin Myles disputes these statistics.

“Even if this is true, it's a very small amount when you take into account that approximately 10 million votes have been cast during that time period,” according to a KWCH-TV report. He adds that of the 221 cases, only two would actually be detected by the proposed measure.

Even though Truskett says there is no issue with fraud, she approves of the bill and claims a voter ID law, which is estimated to cost at least $60,000, will not be difficult to implement for election administrators. But, she warns, “unless our courts are willing to prosecute, it doesn’t do any good. The courts are very busy, and they have lots of other fish to fry."

Court Rules that New Mexico is in Violation of Federal Voter Registration Law

Voting rights groups scored a major victory in their efforts to bring the State of New Mexico into compliance with the National Voter Registration Act (NVRA) when a judge ruled that the state Human Services Division is violating the NVRA through their policy of only offering the opportunity to register to vote to clients who explicitly request to do so.

Yesterday’s ruling was the result of a lawsuit brought by a coalition of voting rights groups against New Mexico’s Human Services Division (HSD) and Secretary of State Mary Herrera, which cited clear evidence that New Mexico public assistance offices are violating their federally mandated responsibility to offer tens of thousands of New Mexicans each year the opportunity to register to vote. The plaintiff is represented by voting rights groups Project Vote, Dēmos, and the Lawyers’ Committee for Civil Rights Under Law (Lawyers’ Committee), as well as by the law firm of DLA Piper U.S.

Section 7 of the NVRA requires that public assistance agencies give clients a voter registration application with every application for benefits, recertification, and change of address. New Mexico policy, however, has been to give voter registration application forms to only those clients who explicitly request them, a practice that plaintiff maintains is in violation of the NVRA.

Yesterday, United States District Judge Judith Herrera agreed and the court held that “Section 7 does not make the provision of a voter registration application contingent upon an affirmative request,” meaning that the State’s current policy is a violation of the law.

“This is a huge victory for NVRA enforcement, not just in New Mexico, but all across the country,” said Project Vote’s Director of Public Agency Voter Registration, Nicole Zeitler. “Agencies must give out a voter registration application form to everyone who applies for benefits, recertifies, or changes address. Federal law requires it, the Department of Justice has confirmed it, and now the federal courts are ordering it.”

The voting rights groups are hailing this as the first legal ruling on the issue of whether clients must “opt in” to be offered the opportunity to register to vote. “This should be a wake-up call to other states whose agencies are still refusing to give out voter registration applications unless the client specifically asks for it,” says Zeitler.

The voting rights advocates won on all fronts in yesterday’s ruling. Not only did the court grant plaintiff’s motion for partial summary judgment, but it also denied both HSD’s and the Secretary of State’s motions for summary judgment. In denying HSD’s motion, the court pointed to plaintiff’s allegations of years of widespread non-compliance, noting that “the Court cannot say as a matter of law that HSD has demonstrated that it has the tools in place to be compliant in the future without an injunction and Court monitoring.”

“The Court hit on the exact reasons why we brought this case in the first place,” says Robert Kengle, Acting Co-Director of the Lawyers’ Committee’s Voting Rights Project. “New Mexico’s public assistance offices have been out of compliance with the NVRA for years, and nothing short of comprehensive reform, ordered and monitored by the court, will repair the damage that has been done to the voting rights of low-income New Mexicans.”

In another important decision, the District Court rejected Secretary of State Herrera’s claim that her office is not responsible for ensuring compliance with the NVRA in New Mexico. Relying on the Sixth Circuit Court of Appeal’s decision in Harkless v. Brunneran NVRA lawsuit filed by the same voting rights groups in Ohio, Judge Herrera agreed with the Sixth Circuit that “each state’s chief election official is responsible for NVRA state compliance,” and that therefore “Defendant Herrera has the obligation to prescribe the actions that the state, including HSD offices, must take to comply with Section 7.”

 

“Courts now have repeatedly confirmed that state election officials must take responsibility for ensuring that low-income voters receive the voter registration opportunities required by federal law,” said Demos’ Counsel Allegra Chapman. “This decision should encourage chief election officials throughout the country to examine agency practices on voter registration, and take corrective action when needed.”

The coalition of voting rights groups has been advocating for enforcement of the NVRA in several states, and settled a related claim against New Mexico’s Motor Vehicles Division in July of this year. Following the groups’ successful lawsuit in Missouri in 2008, voter registration applications submitted at the state’s public assistance offices skyrocketed from fewer than 8,000 a year to more than 130,000 a year. More than 200,000 clients have applied to become registered voters in Ohio after a similar lawsuit was settled in that state last year.

The groups estimate that proper implementation nationwide of the NVRA’s public assistance provisions could result in 2-3 million additional registrations per year.

 

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