Professor Justin Levitt

  • September 5, 2012

    by Jeremy Leaming

    In a burst of action, federal courts have provided setbacks to the right’s desperate and disgraceful efforts to suppress the vote, as noted here last week. Hardly surprising is that some of the rightwing lawmakers pushing ridiculous voter ID laws, limits on early voting periods and voter registration drives, are going to fight the federal courts to protect their ignoble campaign.

    Ohio Secretary of State Jon Husted, a loud proponent of Ohio’s efforts to limit early voting opportunities of urban voters, has proclaimed that voting in his state will be “uniform and accessible for hard-working Ohioans.” It’s a statement as laughable as it is disingenuous. Ohio, like Florida, Texas, Pennsylvania and Wisconsin, has sought to make voting much more difficult for a lot of hard-working residents, primarily those living in urban areas. In Ohio no efforts were made to curtail early-voting for suburban residents.

    So when a federal judge recently ruled in favor of the Obama campaign’s legal challenge to Ohio’s restrictions, issuing an injunction against limits on early voting, it was widely received as a much-needed victory against the ongoing campaign to suppress the votes of minorities, low-income people, college students and the elderly.

    U.S. District Court Judge Peter Economus held that curtailment of early voting opportunities would close the door to thousands of voters. He added, “Plaintiffs submit statistical studies to support their assertion that low-income and minority voters are disproportionately affected by the elimination of those voting days.” See Ryan J. Reilly’s reporting for TPM on the decision.

    Reilly today noted that the Obama administration has lodged a motion with the federal court urging it to ensure that Ohio follow the court order, after Husted said he “wouldn’t set early voting hours until an appeals court” took action. As Reilly reported, the Obama campaign officials argued in their motion that Husted cannot ignore or stay a federal court opinion, a federal appeals court gets to make that call. 

    University of Maryland law school professor Sherrilyn A. Ifill in a piece for The Root blasted the Republican Party’s “war on voting,” likening it to the efforts employed by pre-civil rights-era Southern states “to manipulate the voting strength of the electorate.”

  • July 20, 2012

    by Jeremy Leaming

    In a piece examining stringent voter ID laws implemented by a string of states, The New York Times likely in pursuit of balance or so-called objectivity trumpets the defense of the new impediments to voting.

    The laws, Ethan Bronner writes are called “voter suppression” by Democrats, and proponents of them say they are really about ensuring integrity of the nation’s elections, by wiping out voter fraud. And besides, those supporters note, we live in an “era when photo identification is routine for many basic things including air travel.”

    But Viviette Applewhite, interviewed for the piece, gets closer to the truth.

    She’s a 93-year-old Philadelphian who had no difficulty voting in 2008, but because of the state’s new voter ID law is looking at the possibility of not participating in a fundamental component of democracy this time around. “They’re trying to stop black people from voting so Obama will not get re-elected,” Applewhite, whose purse with all her identification was stolen, said. “That’s what this whole thing is about.”

    A Pennsylvania Republican who helped shove the rigid voter ID law through the legislature claimed that it would help the party’s presidential candidate carry the state.

    More importantly, the Constitution does provide that citizens “shall not be denied” the ability to vote because of race. Purchasing a cocktail or an airplane ticket is an action that often requires photo identification. Voting, however, is rather integral to democracy. So equating voting with other actions that require photo IDs is lame.

  • June 8, 2012

    by Jeremy Leaming

    Florida’s Republican Gov. Rick Scott has attracted plenty of attention for his heavy-handed attempt to purge “noncitizens” from the voter rolls. But that voter purge, which the Department of Justice has ordered the state to halt, is only part of that state’s Republican-led effort to suppress voter turnout.

    A relatively new Florida law, H.B. 1355, created onerous restrictions on voter-registration drives, cut early voting opportunities and created new burdensome voter identification requirements. Similar laws have been enacted in other states with Republicans in charge, such as Ohio, Pennsylvania, Texas and Wisconsin. In all those states, Republicans claim widespread voter fraud is the justification for the onerous restrictions.

    Civil liberties groups, such as Brennan Center, NAACP Legal Defense and Educational Fund, Inc. (LDF), ACLU, however, argue that voter fraud is practically nonexistent, and thus a blatantly lame excuse for the new laws. This is really an effort to suppress the vote of minorities, college students, and the poor.

    A new ACS Issue Brief by Loyola Law School Professor Justin Levitt examines the new Florida law, concluding that “these burdens are not only real and inequitable but also unnecessary, which renders them suspect as a matter of constitutional law and fundamentally flawed as a matter of public policy. Not only do they make it more difficult for eligible Americans to vote, but they do so without any meaningful benefit.”

    Levitt’s Issue Brief, “The New Wave of Election Regulation: Burden Without Benefit,” details how Florida’s new law disproportionately burdens minority voters, saying that it is now very likely non-Hispanic white voter turnout will remain much higher than minority voters in 2012. In 2008, Levitt notes that a persistent gap between minority voters and non-Hispanic white voters had substantially narrowed for the first time.

    The restrictions on early voting and the new voter identification requirements are likely to sharply restrict minority, low-income and elderly voters. The “available date clearly show that those without government-issued photo ID are more likely to be nonwhite, more likely to either younger voters or seniors, and more likely to be from low-income households, and more likely to have less formal education,” Levitt states.

  • May 31, 2012

    by Jeremy Leaming

    For low-taxes, weak safety nets for the most vulnerable and tattered corporate campaign finance regulations to remain the status quo, right-wing policy makers in a slew of states are feverishly working to suppress the votes of students, minorities and others typically not inclined to support regressive policies. 

    Florida perhaps provides the most egregious example of attempts to enact voter suppression policy, with new onerous restrictions on voter-registration drives and early voting opportunities. The ACLU of Florida and the U.S. Department of Justice have fought the efforts of Republican Gov. Rick Scott and to alter voting practices in a state with a history of efforts to suppress minority voters. In March, ACLU of Florida Executive Director Howard Simon blasted the governor, saying he was “so intent on suppressing the right to vote that he’s even taken the extreme step of launching a challenge to the Voting Rights Act itself because that landmark of the Civil Rights Movement stands in the way of implementing his voter suppression agenda.”

    The Miami Herald reported yesterday that Scott was also ordering county officials statewide to purge noncitizens from the voter rolls. A list of more than 2,600 voters to be purged was created by the state’s Division of Elections, and according to analysis by the Herald was “dominated by Democrats, independents and Hispanics. The largest numbers were from Miami-Dade home to the state’s highest foreign-born population.”

    The Florida list, as the newspaper, notes was based on outdated information provided by the state’s Department of Highway Safety and Motor Vehicles. Reps. Ted Deutch (D-Boca Raton) and Alcee Hastings (D-Miramar) sent a letter earlier this week to Scott urging him to halt the purging of voters.

    “Providing a list of names of questionable validity – created with absolutely no oversight – to county supervisors and asking them to purge their rolls will create chaotic results and further undermine Floridians’ confidence in the integrity of our elections.” the lawmakers’ letter states.

    Deutch and Hastings at a May 29 press conference in Davie, Fla., highlighted the state’s faulty removal of Bill Internicola, a 91-year-old World War II veteran, from the voting rolls. State election officials claimed they had information that Internicola born in Brooklyn was not a citizen.