by Julie Ebenstein, Staff Attorney, Voting Rights Project, ACLU
The United States has a long, persistent history of racial discrimination in voting. It is a record that we still fight in the courts and have seen significant progress pushing back on. Just yesterday, the Supreme Court let stand a Fourth Circuit decision that struck down North Carolina’s voter suppression law for purposefully discriminating against African-Americans and violating the Constitution. Last month, a Texas trial court determined, for the second time, that a statewide photo ID law purposefully discriminates on the basis of race.
Despite our progress, it is undeniable that the U.S. has a turnout problem: too many eligible voters do not, or cannot, vote. Voter suppression and low voter turnout threaten the integrity of our elections and the health of our democracy.
Why, then, amid drastic federal budget cuts, has the president ordered a commission to investigate “voter fraud” — an election bogeyman which has been widely debunked by legal experts, election administrators and elected officials from across the political spectrum. The commission only distracts from the real problem facing American voters.
Before we waste taxpayer funds on this commission, we must seriously consider its objective, which appears to be to undermine voters' overall confidence in America’s electoral process, or even to justify voter suppression.
The commission is not only a distraction from real issues facing voters, but problematic for other reasons. For instance, it defines “improper voter registration,” as any situation where an individual who is not eligible to vote in a jurisdiction is still on the voter rolls, which sounds ominous, but often is not. The National Voter Registration Act (“NVRA”) sets strict standards for when and how voters may be removed from the voter rolls to protect against disenfranchisement. It prevents removal of voters for, for example, not voting in an election, and it requires election officials to notify voters before cancelling their registration.