Election law

  • December 12, 2012

    by Jeremy Leaming

    In a robust defense of the Voting Rights Act of 1965, U.S. Attorney General Eric Holder blasted the claim that the law’s integral enforcement provision is outdated and said it was time the nation updated the way voters are registered.

    Speaking at the John F. Kennedy Presidential Library, Holder said, “President Kennedy recognized that no force in our history has been more powerful than the continued expansion of what’s been called the lifeblood of our representative democracy, the cornerstone of our system of government, and the ‘most basic’ right of American citizenship: the right to vote.”

    That basic right has been under attack on several fronts. First Sec. 5 of the Voting Rights Act continues to be challenged as unconstitutional by some lawmakers in the South who argue that discrimination against minorities is a thing of the past and therefore they should not be required to get federal preclearance for changes to their voting procedures. The Supreme Court will review a challenge to Sec. 5 brought by Shelby County, Ala. officials who are seeking the demise of Sec. 5.

    Sec. 5 of the Voting Rights Act, has, Holder noted, enjoyed “broad, bipartisan support – including, most recently, in 2006, when an overwhelming congressional majority joined with President Bush to reauthorize its protections. It’s also been upheld as constitution in each of the eight court challenges that the law’s opponents filed between 1965 and 2010 – during the first 45 years after it took effect. Over the last two years alone, however, we’ve seen at least 10 lawsuits – more than in the first four decades of the statute’s existence – arguing that Section 5 is no longer constitutional, and that our nation has moved far beyond the challenges that prompted both its passage and its recent renewal.”

  • November 19, 2012

    by Jeremy Leaming

    One of the nation’s preeminent civil and human rights groups, the NAACP Legal Defense and Educational Fund (LDF), tapped as its new leader one of the nation’s foremost civil rights attorneys and scholars Sherrilyn Ifill. The late Supreme Court Justice Thurgood Marshall helped found LDF in 1940 and led the battle in its first couple of decades to end segregation of the public schools.

    Ifill (pictured), a frequent ACS participant, who has also occasionally provided guest posts for ACSblog, will be LDF’s next president and director-counsel in January. She is also a Professor of Law at the University of Maryland’s Francis King Carey School of Law, and as The Root notes is “no stranger to LDF’s work.”

    The Root continues:

    Early in her career, before joining the faculty of the University of Maryland School of Law, authoring On the Courthouse Lawn: Confronting the Legacy of Lynching in the 21st Century, and making a name for herself as a respected civil rights strategist, she served as assistant counsel in LDF’s New York office. There, she litigated voting rights cases, including the landmark Voting Rights Act case Houston Lawyers' Association vs. Attorney General of Texas.

    In March, LDF’s sixth Director-Counsel and President John Payton died. Payton, like his predecessors at LDF, was also a tireless advocate for civil liberties and human rights. In a tribute piece to Payton, ACS Board member and former LDF Director-Counsel and President Theodore M. Shaw said Payton’s “advocacy on behalf of the poor, the disenfranchised, and the excluded reached beyond the United States. He worked against the apartheid in South Africa, and traveled around the world in support of rights.”     

  • November 13, 2012

    by LaShawn Y. Warren

    As we move past the 2012 elections and turn our eyes toward a host of pressing political, social, and economic issues, we must not lose sight of the continuing voting challenges unearthed by these elections. While significant progress has been made to expand access to the ballot box, we cannot ignore the persistent attempts to thwart participation through onerous photo ID requirements and other voting restrictions. Last week’s elections clearly demonstrated just how much more improvement is needed. Poorly trained poll workers, machine breakdowns, and inaccurate voter registration lists produced long lines that forced voters to wait hours simply to vote.

    In Florida, voters were still waiting in line at two in the morning, as President Obama ended his victory speech. This was in addition to arbitrary rules for in-person absentee balloting, voting machines paper jams, and election officials in one Florida county informing voters they could vote through Wednesday! Fortunately, this was not a close election and a dramatic replay of 2000 was avoided, but the potential for electoral chaos remains systemic in the administration of our elections. As a key battleground state, the spotlight is frequently on voting issues in Florida, but these types of problems occur over and over again across the nation. 

    In a country that leads the world in the development of trend setting technology, it is difficult to imagine why our elections remain so antiquated. “We’re the greatest democracy in the world,” Tom Brokaw said, covering yet another election night. “But when voting time comes, we do everything but get a candle and a nightgown and walk in somewhere and make a mark with a sharp stick of some kind.  It's crazy.” It is more than crazy; it is shameful. Voting is essential to our constitutional order and the health of our democracy. It is central to the essence of citizenship. We should pride ourselves in making it easy for citizens to participate in the political process.

  • November 12, 2012
    Guest Post

    By Doug Kendall the Founder and President of the Constitutional Accountability Center and David H. Gans the director of CAC's Human Rights, Civil Rights and Citizenship Program. This analysis is cross posted at CAC’s Text & History blog.


     
    In the wake of an election season in which the Voting Rights Act proved its mettle as the last, best hope against voter suppression efforts, the Supreme Court today decided to review the constitutionality of a key part of this iconic civil rights statute in a case called Shelby County v. Holder.  If the experience over the last 12 months proves anything, it’s that the Voting Rights Act is as vital today as it was in 1965 when originally passed.  Hopefully, the proven success of the Act and the powerful opinions written by lower court judges from across the ideological spectrum applying it will convince a majority on the Court to affirm rather than undermine the vital constitutionality of the Act.
     
    As everyone knows by now, in the run-up to the 2012 election, the right to vote was under siege.  Conservatives throughout the country tried to change election rules to disenfranchise ordinary Americans – passing restrictive voter ID laws, shortening early voting hours, and making it more difficult to register to vote.  These restrictions had the greatest impact on young, minority, elderly, and poor voters.  They made a mockery of President Lincoln’s description of our government being “of the people, by the people, and for the people,” and they failed to honor the heroic efforts of generations of Americans to ratify six different Amendments that expanded the right to vote.  
     
  • November 6, 2012

    by Jeremy Leaming

    The evolution of the nation’s democratic process has been arduous, tragic and bloody. And the process which still excludes too many remains a work in progress.  

    It took a Civil War, constitutional amendments and eradication of Jim Crow for African Americans to be able to participate in democracy. But dogged bigots still worked on ways to keep blacks from the polls. The Voting Rights Act, enacted in 1965, was a step by the federal government to drag recalcitrant states into line and stop harassment and oppression of African Americans at the polls. We now have several states with long, tawdry histories of discriminating against minorities at the polls, fighting to gut a major enforcement provision of the VRA. (Some of those state officials, in Alabama, for instance argue that discrimination at the polls does not exist anymore and therefore Section 5 of the VRA needs to be dumped. Congress, however, has found ample evidence that discrimination against minorities at the polls is not a thing of the past.)

    It wasn’t until 1920 when women gained the right to vote via a constitutional amendment. In summer 1920 the 19th Amendment was ratified after a close vote in the Tennessee legislature. “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 Sex,” it reads. And the ratification of the 19th Amendment didn’t happen overnight; it was nearly a 70-year work in progress.   

    Over at The Dish, Andrew Sullivan notes a “quick and comprehensive lesson” on voting rights, linking to a video, “Democracy Distilled: Examining the Evolution of our Nation’s Voting Rights.”

    The video, less than 4 minutes, notes, “When our nation was founded, voting rights were anything but equal. The freedoms we have today represent two centuries of successes and failures made by individuals constantly battling to make their voices heard.” Watch it here, or below the jump.

    The “battle” for voting rights though is one that we will likely drag on. The Supreme Court has given corporations greater power drown out individual voices and there remain too many state efforts to make voting difficult.