Determining Who Can Vote
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H.Doc. 108-224 Black Americans in Congress 1870-2007
“The Negroes’ Temporary Farewell” JIM CROW AND THE EXCLUSION OF AFRICAN AMERICANS FROM CONGRESS, 1887–1929 On December 5, 1887, for the first time in almost two decades, Congress convened without an African-American Member. “All the men who stood up in awkward squads to be sworn in on Monday had white faces,” noted a correspondent for the Philadelphia Record of the Members who took the oath of office on the House Floor. “The negro is not only out of Congress, he is practically out of politics.”1 Though three black men served in the next Congress (51st, 1889–1891), the number of African Americans serving on Capitol Hill diminished significantly as the congressional focus on racial equality faded. Only five African Americans were elected to the House in the next decade: Henry Cheatham and George White of North Carolina, Thomas Miller and George Murray of South Carolina, and John M. Langston of Virginia. But despite their isolation, these men sought to represent the interests of all African Americans. Like their predecessors, they confronted violent and contested elections, difficulty procuring desirable committee assignments, and an inability to pass their legislative initiatives. Moreover, these black Members faced further impediments in the form of legalized segregation and disfranchisement, general disinterest in progressive racial legislation, and the increasing power of southern conservatives in Congress. John M. Langston took his seat in Congress after contesting the election results in his district. One of the first African Americans in the nation elected to public office, he was clerk of the Brownhelm (Ohio) Townshipn i 1855. -
Using HAVA Funds to Ensure Voters Can Safely Vote
Using HAVA Funds to Ensure Voters Can Safely Vote INTRODUCTION In the midst of the COVID-19 pandemic, for many people, voting may seem like a choice between exercising their constitutional right and protecting their own health and safety. Vote-by-mail early voting, safe polling place procedures, and other protections must be expanded to make sure no one has to make that choice. Making sure our elections are not only highly accessible, but reliable, will take significant resources. Election officials must purchase new equipment, hire additional staff, and rent extra space—all of which cost money that they may not have budgeted for this year. To meet these needs, the Federal Government has approved some additional funding—HAVA Funds—that local and state public officials can use to ensure everyone can vote safely this year. There is still a need for additional appropriations of federal funds to support state and local election administration in 2020. WHAT ARE HAVA FUNDS? The Help America Vote Act (HAVA) was established to help states reform and bolster their election processes. States can generally request HAVA funding to protect poll workers, staff, and voters. Beyond protection, expenditures can include training and recruitment of workers. Additionally, as a result of COVID-19, funds can be requested to support vote by mail costs, temporary staff, and equipment, as well as other costs. As of March 27, 2020, a combined $825,000,000 has been appropriated to HAVA via the Consolidated Appropriations Act of 2020 and the Coronavirus Aid, Relief, and Economic Security (CARES) Act.1 Each state (and D.C.) receives an amount of funding based on voter population, as explained in the “How Much is Allocated Via HAVA Funds?” section. -
Securing US Elections Against Cyber Threats
September 2020 Perspective EXPERT INSIGHTS ON A TIMELY POLICY ISSUE QUENTIN E. HODGSON, MARYGAIL K. BRAUNER, EDWARD W. CHAN Securing U.S. Elections Against Cyber Threats Considerations for Supply Chain Risk Management n January 9, 2020, the U.S. House of Representatives Committee on House Administration heard testimony from the chief exec- utive officers of Election Systems and Software (ES&S), Hart InterCivic, and Dominion Voting Systems, the three largest O 1 vendors of U.S. election equipment. The committee chair asked each of the three leaders whether their companies’ equipment contained compo- nents from either Russia or China, basing her question on a recent Interos report that stated that 20 percent of the components in one major elec- tion equipment vendor’s machine came from China.2 All three executives noted that they use Chinese-manufactured components in their election equipment, in part because they did not have viable domestic sources for these components.3 The hearing reflects a broader concern about the exposure that technology supply chains have to China, combined with a widening focus on election security in the United States that gained C O R P O R A T I O N prominence following Russian interference in the election officials around the country to offer cyber- 2016 elections but has extended to encompass many security services and advice. As part of that work, worries about foreign actors’ ability to interfere with CISA convened two advisory councils, one of gov- a core component of American democracy. ernment officials from the federal, state, and local In January 2017, then–Secretary of Homeland levels in a government coordinating council (GCC) Security Jeh Johnson declared election infrastruc- and the other drawing from the election system ture to be part of the nation’s critical infrastruc- vendor community in a sector coordinating council ture, designating it a subsector of the Government (SCC). -
Restoring the Right to Vote | 2 Criminal Disenfranchisement Laws Across the U.S
R E S T O R I N G T H E RIGHT TO VOTE Erika Wood Brennan Center for Justice at New York University School of Law ABOUT THE BRENNAN CENTER FOR JUSTICE The Brennan Center for Justice at New York University School of Law is a non-partisan public policy and law institute that focuses on fundamental issues of democracy and justice. Our work ranges from voting rights to redistricting reform, from access to the courts to presidential power in the fight against terrorism. A singular institution – part think tank, part public interest law firm, part advocacy group – the Brennan Center combines scholarship, legislative and legal advo- cacy, and communications to win meaningful, measurable change in the public sector. ABOUT THE BRENNAN CENTER’S RIGHT TO VOTE PROJECT The Right to Vote Project leads a nationwide campaign to restore voting rights to people with criminal convictions. Brennan Center staff counsels policymakers and advocates, provides legal and constitutional analysis, drafts legislation and regulations, engages in litigation challenging disenfranchising laws, surveys the implementation of existing laws, and promotes the restoration of voting rights through public outreach and education. ABOUT THE AUTHOR Erika Wood is the Deputy Director of the Democracy Program at the Brennan Center for Justice where she lead’s the Right to Vote Project, a national campaign to restore voting rights to people with criminal records, and works on redistricting reform as part of the Center’s Government Accountability Project. Ms. Wood is an Adjunct Professor at NYU Law School where she teaches the Brennan Center Public Policy Advocacy Clinic. -
BRNOVICH V. DEMOCRATIC NATIONAL COMMITTEE
(Slip Opinion) OCTOBER TERM, 2020 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus BRNOVICH, ATTORNEY GENERAL OF ARIZONA, ET AL. v. DEMOCRATIC NATIONAL COMMITTEE ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 19–1257. Argued March 2, 2021—Decided July 1, 2021* Arizona law generally makes it very easy to vote. Voters may cast their ballots on election day in person at a traditional precinct or a “voting center” in their county of residence. Ariz. Rev. Stat. §16–411(B)(4). Arizonans also may cast an “early ballot” by mail up to 27 days before an election, §§16–541, 16–542(C), and they also may vote in person at an early voting location in each county, §§16–542(A), (E). These cases involve challenges under §2 of the Voting Rights Act of 1965 (VRA) to aspects of the State’s regulations governing precinct-based election- day voting and early mail-in voting. First, Arizonans who vote in per- son on election day in a county that uses the precinct system must vote in the precinct to which they are assigned based on their address. See §16–122; see also §16–135. -
Election Assistance Commission Plans for Use of CARES Act Report to the Pandemic Response Accountability Committee
Election Assistance Commission Plans for Use of CARES Act Report to the Pandemic Response Accountability Committee The Coronavirus Aid, Relief and Economic Security (CARES) Act provided $400 million to the Election Assistance Commission (EAC) to allocate to states, the District of Columbia and U.S. Territories “to prevent, prepare for, and respond to coronavirus, domestically or internationally, for the 2020 Federal election cycle.” Section 15011 of the Act requires federal agencies to provide their plans for using the funds to the Pandemic Response Accountability Committee. This document provides that information. The CARES Act provided the funds to EAC under Section 101 of the Help America Vote Act (HAVA) which authorizes EAC to provide funds to states to “improve the administration of federal elections.” Therefore, EAC followed the requirements of Section 101 to allocate the funds to the states to address issues arising from the pandemic during the remaining primaries and the general election in November 2020. (See Appendix A for the State Allocation Chart). EAC issued Notices of Grant Award and guidance to the states on April 6, meeting the requirement in the CARES Act to obligate the funds within 30 days of passage of the Act. States were required to describe their anticipated usage of the funds in their Funding Request Letters (See Appendix B for anticipated state usage of the funds.) In the guidance to the states, EAC provided the following list of allowable activities: • Printing of additional ballots and envelopes for potential -
Voting Timeline
Voting Timeline 1922 1876 1865 1890 The Supreme Court Supreme Court rules that people of 13th Amendment: Wyoming becomes denies Native Japanese heritage 1964 1993 Slavery and the first state to th Americans the right and Asian Indians are 24 Amendment: Poll National Voter involuntary servitude legislate voting for 2013 to vote based on the ineligible to become taxes outlawed Registration Act is abolished th women in its Shelby County v. 14 Amendment 1918 naturalized citizens. constitution. World War I advanced Holder 1943 2002 1776 1868 1882 women’s suffrage and Chinese 1952 Help America White men 14th Amendment: The Chinese Exclusion Act granted U.S. citizenship for Exclusion The Immigration and Vote Act with land Citizenship is granted bars people of Chinese the Native Americans that 1971 Repeal Act Nationality Act and can vote to former slaves ancestry from naturalizing to served during World War I Age to vote lowered McCarran-Walter Act become U.S. citizens. from 21 to 18 1866 1961 Civil Rights Act: 1924 1877 23rd Amendment: 1984 All native-born Americans 1896 The Indian Citizenship Jim Crow Laws are DC can vote for 2006 are citizens, but do not Several southern Act grants citizenship to Voting Accessibility passed to keep African President Indiana becomes have the right to vote states pass Native Americans, but for the Elderly and Americans from voting the first state to "grandfather clauses" states pass various laws Handicapped Act 1863 pass Voter ID laws to prevent former to keep them from voting The Emancipation slaves and their 1965 2019 1945 2000 Proclamation was 1870 1887 descendants from 1920 Voting Rights Act: The Voting Rights World War II served as Residents in U.S. -
The State of the Right to Vote After the 2012 Election
S. HRG. 112–794 THE STATE OF THE RIGHT TO VOTE AFTER THE 2012 ELECTION HEARING BEFORE THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED TWELFTH CONGRESS SECOND SESSION DECEMBER 19, 2012 Serial No. J–112–96 Printed for the use of the Committee on the Judiciary ( U.S. GOVERNMENT PRINTING OFFICE 81–713 PDF WASHINGTON : 2013 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 COMMITTEE ON THE JUDICIARY PATRICK J. LEAHY, Vermont, Chairman HERB KOHL, Wisconsin CHUCK GRASSLEY, Iowa DIANNE FEINSTEIN, California ORRIN G. HATCH, Utah CHUCK SCHUMER, New York JON KYL, Arizona DICK DURBIN, Illinois JEFF SESSIONS, Alabama SHELDON WHITEHOUSE, Rhode Island LINDSEY GRAHAM, South Carolina AMY KLOBUCHAR, Minnesota JOHN CORNYN, Texas AL FRANKEN, Minnesota MICHAEL S. LEE, Utah CHRISTOPHER A. COONS, Delaware TOM COBURN, Oklahoma RICHARD BLUMENTHAL, Connecticut BRUCE A. COHEN, Chief Counsel and Staff Director KOLAN DAVIS, Republican Chief Counsel and Staff Director (II) C O N T E N T S STATEMENTS OF COMMITTEE MEMBERS Page Coons, Hon. Christopher A., a U.S. Senator from the State of Delaware ........... 6 Durbin, Hon. Dick, a U.S. Senator from the State of Illinois .............................. 4 Grassley, Hon. Chuck, a U.S. Senator from the State of Iowa ............................ 3 Leahy, Hon. Patrick J., a U.S. Senator from the State of Vermont .................... 1 prepared statement .......................................................................................... 178 Whitehouse, Hon. Sheldon, a U.S. Senator from the State of Rhode Island ..... -
The Help America Vote Act
THE HELP AMERICA VOTE ACT In response to the problems during the presidential elections of 2000, Congress passed the Help America Vote Act (“HAVA”) mandating significant changes in virtually every aspect of election administration. If HAVA is implemented properly in the 50 states, many provisions of the law hold great promise to improve the nation’s outdated voting procedures. HAVA’s new identification requirements, however, may severely threaten voters’ rights, particularly if implemented improperly. Ensuring that HAVA successfully promotes voting rights is complicated by the fact that the federal government left implementation almost entirely in the hands of the states. States have great latitude in how they meet HAVA’s minimum requirements, and they have the authority to institute idiosyncratic requirements that pose new barriers to voting. Advocates, concerned citizens, policy makers and election officials should maximize the opportunity offered by HAVA to improve the electoral process, while vigorously safeguarding voting rights. HAVA’s Key Provisions Voting Machines and Systems1 • HAVA authorizes federal funding for states to upgrade voting machines. States that accept this funding must eliminate and replace all punch card and lever voting machines, unless the machines can be adapted to meet heightened standards to ensure reliability, improved access for voters with disabilities and limited English proficiency, and other new federal requirements.2 • Voting machines must provide voters with an opportunity to privately and independently verify, change or correct the ballot before it is cast and counted. • States must ensure that at least one voting machine at every polling place meets enhanced requirements for accessibility for voters with disabilities. -
The Help America Vote Act and Election Administration: Overview and Selected Issues for the 2016 Election
The Help America Vote Act and Election Administration: Overview and Selected Issues for the 2016 Election Arthur L. Burris, Coordinator Section Research Manager Eric A. Fischer Senior Specialist in Science and Technology October 18, 2016 Congressional Research Service 7-5700 www.crs.gov RS20898 The Help America Vote Act and Election Administration: Overview for 2016 Summary The deadlocked November 2000 presidential election focused national attention on previously obscure details of election administration. Congress responded with the Help America Vote Act of 2002 (HAVA; P.L. 107-252). HAVA created the Election Assistance Commission (EAC), established a set of election administration requirements, and provided federal funding, but it did not supplant state and local control over election administration. Several issues have arisen or persisted in the years since HAVA was enacted. Some observers have criticized the EAC for being obtrusive, slow, ineffectual, or even unnecessary. Others believe that the agency is an important resource for improving the election administration. The EAC lacked a quorum of commissioners between 2011 and 2015. HAVA requires computerized state voter registration systems, and its voting-system requirements promote the use of electronic voting systems. However, those systems, especially the kinds that record votes directly into a computer’s memory (DREs), raise concerns about security and reliability. In response, many states have enacted requirements for paper ballot records that can be verified by the voter and used in recounts. All states now use paper-based optical scan systems for at least some voters, and most use them in at least some polling places. DRE systems are also used in most states, in many cases to meet HAVA accessibility requirements, but in several states to serve as the primary voting system in at least some jurisdictions. -
The Help America Vote Act and Election
The Help America Vote Act and Election Administration: Overview and Issues name redacted Analyst in Elections name redacted Senior Specialist in Science and Technology September 22, 2015 Congressional Research Service 7-.... www.crs.gov RS20898 The Help America Vote Act and Election Administration: Overview and Issues Summary The deadlocked November 2000 presidential election focused national attention on previously obscure details of election administration. Even before the U.S. Supreme Court had resolved the election in December, numerous bills to address the failings of the election system were introduced in Congress and state legislatures. The response at the federal level was the Help America Vote Act (HAVA; P.L. 107-252), enacted in 2002. HAVA created the Election Assistance Commission (EAC), established a set of election administration requirements, and provided federal funding, but did not supplant state and local control over election administration. Several issues have arisen or persisted in the years since HAVA was enacted. This report provides background information about HAVA and its provisions, the EAC, funding for the agency and for state programs to improve elections, and a number of enduring election administration issues. Some observers have criticized the EAC for being too obtrusive, or for being slow, ineffectual, or even unnecessary. Others believe that the agency is an important resource for improving the administration of elections and has been hampered by budgetary constraints and difficulties in the nomination process for commissioners. The agency was without commissioners from December 2011 to January 2015, when one Democratic and two Republican commissioners were sworn in. They had previously been confirmed by the Senate on December 16, 2014. -
Final Michigan Notice of Supplemental Authority
CASE NO. 20-815 IN THE SUPREME COURT OF THE UNITED STATES In Re: IN RE: TIMOTHY KING, MARIAN ELLEN SHERIDAN, JOHN EARL HAGGARD, CHARLES JAMES RITCHARD, JAMES DAVID HOOPER and DAREN WADE RUBINGH, Petitioners, v. GRETCHEN WHITMER, in her official capacity as Governor of the State of Michigan, JOCELYN BENSON, in her official capacity as Michigan Secretary of State and the Michigan BOARD OF STATE CANVASSERS, Respondent. PETITIONERS’ NOTICE OF SUPPLEMENTAL AUTHORITY SIDNEY POWELL Counsel of Record Texas Bar No. 16209700 Sidney Powell, P.C. 2911 Turtle Creek Blvd., Suite 300 Dallas, Texas 75219 (517) 763-7499 [email protected] Of Counsel JULIA Z. HALLER BRANDON JOHNSON EMILY P. NEWMAN Howard Kleinhendler HOWARD KLEINHENDLER New York Bar No. 2657120 Howard Kleinhendler Esquire 369 Lexington Avenue, 12th Floor New York, New York 10017 (917) 793-1188 [email protected] L. LIN WOOD Georgia Bar No. 774588 L. LIN WOOD, P.C. P.O. Box 52584 Atlanta, GA 30305-0584 (404) 891-1402 STEFANIE LAMBERT JUNTTILA 500 Griswold Street, Suite 2340. Detroit, Michigan 48301 (248) 270-6689 [email protected] SCOTT HAGERSTROM 222 West Genesee Lansing, Michigan 48933 GREGORY J. ROHL 41850 West 11 Mile Road, Suite 110 Novi, Michigan 48375 ii CORPORATE DISCLOSURE STATEMENT There are no corporations involved in this case. iii TABLE OF CONTENTS Table of Authorities ....................................................................................................... v Facts ..............................................................................................................................