Tag Archives: voter suppression

Partisan gerrymandering cases headed to the U.S. Supreme Court

There has been a lot happening in partisan gerrymandering lawsuits lately, and luckily Rick Hasen at Elction Law Blog has put together a summary of where these cases stand today that will save me a lot of time. The State of Play on Partisan Gerrymandering Cases at the Supreme Court:

Back in 2004 the Supreme Court in Vieth v. Jublelirer split 4-1-4 over what to do about claims that partisan gerrymandering violates the U.S. Constitution. Four Justices said it was non-justiciable, four Justices said it was justiciable and raised a variety of challenges, and Justice Kennedy, in the middle, agreed with the Court’s liberals that the cases were justiciable, but agreed with the Court’s conservatives that the proposed standards didn’t work.  He essentially told everyone to keep working on the issue and come back, maybe looking at the First Amendment, maybe history, and maybe computers.  The cases at or coming to the Court seek to satisfy Justice Kennedy in various ways.

Here’s the state of play; the Supreme Court heard argument in October in Gill v. Whitford involving a challenge to state legislative districts in Wisconsin. Gill raises a partisan gerrymandering challenge under the Equal Protection Clause, and the McGhee/Stephanopoulos “efficiency gap” figured in (but was not the entire basis) for the analysis. Last month, the Court somewhat surprisingly also agreed to hear full argument in Beniske v. Lamone, a case challenging a Maryland congressional district as a partisan gerrymander under the First Amendment. I explained in this LA Times piece why the Court might have agreed to full argument in Benisek v. Lamone. Argument in the Maryland case will be later in the Spring.

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Good news, bad news for voting rights

While the media fixates on a gossipy insider book on the Trump White House, there is some good news that you may have missed.

The Secretaries of State of numerous states refused to cooperate with Donald Trump’s fraudulent voter fraud commission headed by the GOP’s voter suppression specialist, Kansas Secretary of State Kris Kobach, and several lawsuits were filed, including by members of the commission.

This was all too much for our Dear Leader who gave up and pulled the plug on his fraudulent voter fraud commission. Trump abolishes controversial commission studying alleged voter fraud:

President Trump announced Wednesday that he is disbanding a controversial [and fraudulent] panel studying alleged voter fraud that became mired in multiple federal lawsuits and faced resistance from states that accused it of overreach.

The decision is a major setback for Trump, who created the commission last year in response to his claim, for which he provided no proof, that he lost the popular vote to Democrat Hillary Clinton in 2016 because of millions of illegally cast ballots.

The commission met only twice amid the series of lawsuits seeking to curb its authority and claims by Democrats that it was stacked to recommend voting restrictions favorable to the president’s party.

In a statement, White House press secretary Sarah Huckabee Sanders said there is “substantial evidence of voter fraud” and blamed the ending of the commission on the refusal of many states to provide voter data sought by the panel and the cost of ongoing lawsuits.

This slack-jawed hillbilly from Arkansas is, as always, full of shit. And score one for the Resistance.

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Gordon Promises to Oust Secretary of State and End Voter Suppression

Mark Robert Gordon, an Arizona native, has 25 years of experience as a voting rights watchdog.

Mark Robert Gordon, an Arizona native, has 25 years of experience as a voting rights watchdog.

Mark Robert Gordon, a Democratic candidate for Secretary of State, vowed to end the voter suppression tactics and partisan politics that have infected the office that serves as the chief elections officer for Arizona.

He called Republican incumbent Secretary of State Michele Reagan “a Grinch who stole democracy,” at the recent Democrats of Greater Tucson meeting.

Reagan and GOP legislators “are supposed to promote democracy and protect the vote. They did just the opposite,” he said. “The people we have in Arizona running our election system are among the worst violators and offenders of voting rights in the country.”

Arizona was one of only seven states listed in federal court for intentionally restricting the opportunity to register and vote. Under the Voting Rights Act, the state was subject to pre-clearance by the Justice Department before making any voting changes.

Travesties

But that went out the window with the 2013 US Supreme Court ruling in Shelby County v. Holder that gutted the Voting Rights Act. Gordon said that since then, the following travesties have happened:
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Secretary of State Michele Reagan is disenfranchising voters

Last month we learned that Arizona Secretary of State Michele Reagan violated the law when her office failed to mail publicity pamphlets to hundreds of thousands of voters in time for the May 2016 special election, a state-appointed investigator has concluded.

But, the investigator found, there is no provision in state law to punish anyone for not delivering the pamphlets on time and Reagan and her staff did not act criminally.

That’s the outcome of a long-awaited investigative report released Wednesday by the Arizona Attorney General’s Office. Michael Morrissey, a former federal prosecutor now in private practice, led the review as an appointed special investigator.

Reagan responded “mistakes were made and we were responsible,” then tried to pass the buck to vendors and her staff.

Last week the Secretary of State was sued for illegally denying thousands of Arizonans the right to vote in federal elections because they registered using the federal voter registration form. Arizona, lawsuit contends voters are being disenfranchised:

Legal papers filed Tuesday in federal court here acknowledge that state law requires would-be voters to produce certain identification when registering. That requirement has been upheld in prior court rulings.

But attorneys for the League of United Latin American Citizens and the Arizona Students Association point out that the U.S. Supreme Court has said that state law does not — and cannot — prevent people from registering to vote for federal elections using a federally approved registration form. And they contend that those whose state registrations are rejected for lack of citizenship proof are not informed of that option.

“At least 26,000 voters in Maricopa County alone have been disenfranchised by these policies,” the lawsuit states. But the problem is not limited there.

The lawyers say they’ve sampled more than 2,000 state registration forms that were rejected because applicants had failed to provide the required proof of citizenship. Of that group, fewer than 15 percent successfully registered after receiving notice of the rejection.

“Therefore, many eligible voters across Arizona have been disenfranchised by these unnecessary bureaucratic policies,” the lawsuit states.

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Trump’s fraudulent ‘voter fraud’ commission is on hold pending a court ruling on privacy

The New York Times reports that three lawsuits have already been filed against Trump’s fraudulent “voter fraud” commission. 3 Lawsuits Filed Against White House Panel on Voter Fraud:

[T]he White House panel investigating claims of voter fraud and other irregularities was hit with a salvo of lawsuits on Monday that accused it of violating federal privacy laws and illegally operating in secret.

Three lawsuits, filed separately by civil rights groups, underscored the depth of opposition by the Trump administration’s critics to the panel, the Advisory Commission on Election Integrity, even before it formally meets. The commission’s official mandate is to look at flaws in federal voting systems and practices that could encourage fraud and undermine public confidence in elections.

But advocacy groups and many Democratic leaders have called it a Potemkin exercise intended to validate President Trump’s groundless claim that millions of illegal ballots cost him a popular-vote victory in November. The true goal, they say, is to lay the groundwork for Congress to place strict qualifications on registering and voting that would primarily suppress opposition to Republican candidates for office.

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Rigged elections: GOP voter suppression and the Voting Rights Act

The egomaniacal Twitter troll Donald Trump spent more than a year seeking to undermine American’s confidence in their electoral system, first claiming without evidence that the GOP primaries were rigged, then spending months claiming the general election was rigged. Trump falsely claimed without evidence that millions of illegal voters voted to explain losing the popular vote by well over 2 million votes.

Trump even suggested that his supporters might resort to “Second Amendment remedies” if the election did not go his way, Donald Trump Suggests ‘Second Amendment People’ Could Act Against Hillary Clinton, eschewing the American tradition of deciding elections by the ballot box, not bullets.

This is the man who is now in a position to impose GOP restrictions on voting in pursuit of the GOP’s mythical “voter fraud” fraud — in reality, voter suppression of Democratic-leaning voter constituencies. After Bitter Campaign, Election Positions Trump to Shape Rules on How You Vote:

Voting-RightsAfter an extraordinarily contentious election, crucial elements of the rules that determine how Americans vote will be under assault from conservatives and facing legal challenges heading toward the Supreme Court as Donald J. Trump prepares to become president.

Mr. Trump’s claims of a “rigged” election — made before he won — and his false declaration after his victory that “millions of people” had voted illegally for Hillary Clinton made headlines.

They also amplified longstanding Republican claims that rampant voter fraud justified a welter of state laws making it more difficult to register and vote. Democrats say the laws are not about combating fraud but about suppressing the vote of minorities and other Democratic-leaning constituencies.

Mr. Trump will have enormous power to shape future policy on voting.

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