The Brennan Center for Justice

  • July 26, 2012

    by Jeremy Leaming

    Before 2011 only two states required their residents to produce government issued ID to vote, but a movement to clamp down on civic participation has been on a roll, fueled by wobbly assertions of voter fraud, and according to a new study, “racial resentment.”

    A recent poll conducted by the University of Delaware Center for Political Communication shows that support for the harsh voter ID laws “is strongest among Americans who harbor negative sentiments toward African Americans.”

    The Center’s research faculty David C. Wilson and Paul Brewer conducted the survey, which included a series of statements intended to measure “racial resentment” of the respondents. For instance, respondents were asked whether they agreed or disagreed, and how strongly, with the statement: “I resent any special consideration that African Americans receive because it’s unfair to other Americans.”

    Brewer said the findings “suggest that Americans’ attitudes about race play an important role in driving their views on voter ID laws.”  

    The Department of Justice is investigating, and challenging in court, several of the new laws. For example, It has opened an investigation of the Pennsylvania, to determine whether it violates the rights of African Americans and other minorities, protected by the Voting Rights Act. U.S. Attorney General Eric Holder, in a speech to the NAACP, said some of the voter ID laws, such as the one in Texas, are akin to the Jim Crow era poll tax.

    In reference to the Texas voter ID law, Holder said a “concealed handgun license would be an acceptable form of photo ID – but student IDs would not. Many of those without IDs would have to travel great distances to get them – and some would struggle to pay for the documents they might need to obtain them. We call those poll taxes.”

    His comments seriously irked right-wing pundits. But a recent report by The Brennan Center for Justice supports Holder’s assertion.

    Studying the states with the restrictive voter ID laws, including the one being challenged by a coalition of civil liberties groups in Pennsylvania, The Brennan Center’s report found that “nearly 500,000 eligible voters do not have access to a vehicle and live more than 10 miles from the nearest state ID-issuing office,” which has limited hours of operation.

  • June 21, 2012

    by Jeremy Leaming

    Unless the Department of Justice and civil rights groups are able to block or greatly minimize Florida’s onerous new restrictions on voting and kill the state’s tawdry attempt to purge voter rolls, the constitutional right to vote for many will face serious obstacles in the sunshine state.

    Florida is by no means the only state bent on making the right to a vote a major pain. Wisconsin, South Carolina, Texas, and other Republican controlled states have been working feverishly to ensure that turnout among Latino voters, African American voters, low-income voters, the elderly, and college voters is greatly reduced in this year’s general election. Because Florida is deemed a swing state by political reporters, it garners more attention than some of the other state actions. But Fla. Gov. Rick Scott has also helped attract attention with his staunch defense of the voter suppression tactics.

    The DOJ and a string of civil rights groups, such as the Advancement Project, the Brennan Center for Justice, NAACP Legal Defense Fund, the League of Women voters, and others, are fighting the purge and the state’s onerous new voter restrictions.  

    Co-Director of the Advancement Project Judith Browne blasted Gov. Scott’s purge as a partisan effort to “suppress the vote.”

    Ryan P. Haygood, director of the Political Participation Group at NAACP Legal Defense Fund, in a press statement about a lawsuit challenging changes to Florida’s voting laws, said his group is battling an attempt to “discourage political participation” especially of the state’s minority voters.

    “Implementation of these additional discriminatory changes to Florida’s voting laws would be devastating for Black and other minority voters in the state,” Haygood said.

    The groups’ efforts may irk the state’s right-wing politicians and their apologists in the media, but they are likely the only hope for salvaging the right to vote for scores of Latinos, African Americans, the elderly and many others.

    The Brennan Center for Justice and the League of Women Voters, among other groups, have sued to scuttle portions of Florida’s new voter suppression law, such as the rigid requirements on voter registration drives and stringent requirements for voter identification. As noted here they have had some success with a federal judge blocking the provision against third-party voter registrations.

  • December 29, 2011
    Video Interview

    by Jonathan Arogeti

    While a recent report by the Brennan Center for Justice has received wide publicity for spotlighting new state laws that have the potential to suppress access to the polls,  the report also highlights the perennial issue of felon disfranchisement. “Many people don’t know that when it comes to voting, your rights are not automatically restored if you’re a felon,” said Nicole Austin-Hillery, the director and counsel of the center’s D.C. office during a video interview with ACSblog.

    To combat this disenfranchisement, Rep. John Conyers (D-Mich.) and Sen. Ben Cardin (D-Md.) introduced the Democracy Restoration Act, which would immediately restore voting rights in federal elections for individuals who have served their time in prison for a felony.

    Austin-Hillery points to two states, Florida and Iowa, whose felon voting law have “retrogress[ed].” The same day Republican Gov. Terry Branstad assumed office, he rescinded a law that automatically restores voting rights to felons who had completed their sentences. In 2005, then-Democratic Gov. Tom Vilsack issued the opposite order.

    Two months after assuming his office, Florida Republican Gov. Rick Scott announced new rules that required a Clemency Board to review all applications and revoked the automatic restoration of voting rights to felons who had completed their sentences.

    Austin-Hillery also points to Kentucky and Virginia, two states where former felons practically “never get [their] right to vote restored.” The Commonwealth of Virginia required many “draconian, cumbersome steps” to restore the rights to vote, including individually petitioning the Governor. It “really goes against the tenets of democracy,” laments Austin-Hillery.

    Watch the full interview with Austin-Hillery below.

  • December 15, 2011

    by Jeremy Leaming

    Attorney General Eric Holder, earlier this week, signaled he is ready to challenge the efforts some states are taking to limit voting. Holder, in his speech at the LBJ presidential library, said states should take action to encourage more voters, not create barriers to participation in democracy.  

    “In 1965, when President Johnson signed the landmark Voting Rights Act into law, he proclaimed that, ‘the right to vote is the basic right, without which all others are meaningless,’” Holder said.

    “Since January,” Holder continued, “more than a dozen states have advanced new voting measures. Some of these new laws are currently under review by the Justice Department, based on our obligations under the Voting Rights Act. Texas and South Carolina, for example, have enacted laws establishing new photo identification requirements that we’re reviewing. We are also examining a number of changes that Florida has made to its electoral process, including changes to the procedures governing third-party voter registration organizations, as well as changes to early voting procedure, including the number of days in the early voting period.”

    Michael Waldman, executive director of the Brennan Center for Justice, lauded Holder’s comments, saying, “We hope the Justice Department will enforce the law and protect the voting rights of all Americans in its assessment of new voting laws.” The Center’s “Voting Law Changes in 2012,” report released earlier this fall says the new restrictions could bar more than 5 million Americans from participating in next year’s elections.

    Efforts by federal lawmakers to look into the onerous voting regulations picked up earlier this fall, when Reps. John Conyers Jr., Jerrold Nadler and House Democratic Whip Steny H. Hoyer urged congressional hearings into the laws and sent letters to state officials calling on them to oppose “new state measures adopted over the last year that would make it harder for eligible voters to register or vote.”

    Sens. Ben Cardin (D-Md.) and Charles Schumer (D-N.Y.) this week joined the effort to counter the states’ restrictive voting measures, which have been pushed largely by Republican state lawmakers to dampen voter turnout of minorities. The senators introduced a bill this week that would “create tough new criminal and civil penalties for those who create and distribute false and deceptive voting information and campaign literature,” a press release issued from Cardin’s office states.

  • December 13, 2011

    by Jeremy Leaming

    Attorney General Eric Holder Jr., according to The New York Times and The Washington Post, will criticize new, rigid state restrictions on voting.

    Holder is expected to deliver a speech today in Texas at the Lyndon B. Johnson presidential library. LBJ signed into law the Voting Rights Act of 1965.

    In a draft of the speech obtained by The Times, Holder urges Americans to “call on our political parties to resist the temptation to suppress certain votes in the hope of attaining electoral success and, instead, achieve success by appealing to more voters.”

    Some of the regulations, end early voting, others require state issued IDs, many excluding student IDs. A Dec. 5 report by the NAACP Legal Defense and Educational Fund and the NAACP says many of the new state restrictions are aimed at suppressing votes of African Americans. The organizations’ report also noted, what many other voting rights experts often do, the impetus for these new stringent regulations – of rampant voter fraud – is seriously overstated.

    Recently, the Brennan Center for Justice issued a report examining the restrictive voting laws, concluding that as many as 5 million Americans could be shut out of participating in the 2012 elections. The report also noted that many of those affected would be minority, low-income and young voters.

    In an interview with The Post about his planned speech, Holder said, “We are a better nation now than we were because more people are involved in the electoral process. The beauty of this nation, is its diversity, and when we try to exclude people from being involved in the process … we weaken the fabric of this country.”

    A recent ACS symposium explored the new state restrictions on voting.