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1 | Incarcerating Democracy Acknowledgements

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1 | Incarcerating Democracy Acknowledgements Incarcerating Democracy: Highlighting Disenfranchisement in the Center for Justice Research 2020 Election 1 | INCARCERATING DEMOCRACY ACKNOWLEDGEMENTS Naturally, we are indebted to the team over at Media Matters, Andrea Alford and Pamela Vogel, for sharing their painstaking research identifying the media’s use and role in this continued attempt at incarcerating democracy. To President and CEO of the N.A.A.C.P. Derrick Johnson, along with attorneys Gary Bledsoe and Carroll Rhodes, we were humbled by your devoted time to this project. Your expert wisdom clarified what hours of reading could not, the culture of suppression is persistent, and you were able to remove the haze from our vision. AUTHORS Ben Yisrael, PhD Howard Henderson, PhD Coordinator, Healthy King County Coalition Director, Center for Justice Research (HKCC) in Seattle, WA Professor, Administration of Justice Department, Barbara Jordan - Mickey Leland School of Public Affairs RESEARCH ASSISTANTS Jennifer Wyatt Bourgeois, M.S. Leyda Pereya Doctoral Research Fellow Undergraduate Research Assistant Melissa Kwende, M.B.A. Dominique Roberts, M.C.J. Doctoral Research Fellow Graduate Research Assistant Soyele Olumuyiwa, M.P.A. Graduate Research Assistant Suggested citation: Yisrael, B., Henderson, H. (2021). Incarcerating Democracy: Highlighting Voter Suppression in the 2020 Election. Houston, TX: Texas Southern University Center for Justice Research. ©2021 Texas Southern University. All rights reserved. Incarcerating Democracy: Highlighting Disenfranchisement in the Center for Justice Research 2020 Election Introduction The right to vote is the foundation of democracy and is critical to citizenship. The United States’ experiment in “American Democracy” is often touted as one of the most representative forms of governance in the modern world. However, the American politic has never experienced the full measure of representation in U.S. politics. Specifically, descendants of the slave trade, first nations people, women, the economically disadvantaged, and those disenfranchised due to criminal convictions have never had the same access to power as men of European descent. For the greater part of U.S. history, laws have prohibited many groups from the right of a representative government. Decades of social justice advocacy, and civil rights movements have overturned laws that promoted outright exclusion. However, powerful policymakers and power brokers have continued to invoke strategic barriers to the ballot by prohibiting traditionally disenfranchised communities from influencing political outcomes. In 2020 it was estimated that 5.2 million U.S. citizens could not vote due to a felony conviction (Uggen & Fettig, 2020). Disenfranchisement is not only limited to individuals in prison. At least four states disenfranchise all prisoners and parolees, 16 states limit the vote of those in prison, on parole, or on probation, and 11 states disenfranchise individual’s post-incarceration. Around 33 million U.S. citizens were purged from voter rolls between 2014 and 2018 (Jackson & Daley, 2020). Gerrymandering in states like Georgia, Michigan, Pennsylvania, Texas, and Wisconsin have been persistent problems. Nearly 59 million U.S. citizens live in states where the party with control of the legislature received less votes in 2018. Voter disenfranchisement has created a crisis in American democracy. The U.S. 2020 election cycle was ripe with controversy and contention. The Trump Team pushed the narrative of widespread voter fraud while right wing organizations and surrogates for President Trump challenged the validity of mail-in ballots and attempted to decertify voting outcomes. Voter advocacy groups countered with suits of their own. The N.A.A.C.P. charged the Trump Team and the Republicans with violating both the Voting Rights Act and the Ku Klux Klan Act. Rock the Vote, Voto Latino, Common Cause, Map Light and Free Press challenged President Trump’s executive order which sought to end liability protections for social media platforms. The voting rights advocacy groups viewed the President’s executive order as retaliation against Twitter for fact checking his claims about mail in ballots and voter fraud and an attack on their ability to mobilize voters. This brief, focused on Incarcerating Democracy, is a look at the ongoing and emerging approaches for limiting representative government as well as the crime of voter suppression itself, which ultimately curtails the possibilities of democracy. In this brief, we highlight the current tactics used to implement voter suppression. Finally, we discuss the strategic measures which can be taken to combat disenfranchisement tactics. We think it is important to examine this issue to demonstrate that in spite of the social justice victories of the last half century, there are serious threats to the democratic process. 3 | INCARCERATING DEMOCRACY Incarcerating Democracy: Highlighting Disenfranchisement in the Center for Justice Research 2020 Election The Challenge of Identifying Voter Suppression Voter suppression is generally employed by using three major strategies: stripping voting rights from a group of people, creating extremely difficult barriers to voting, and attempts to nullify the opposition’s vote. In order to identify voter suppression in this review, we look at three sources of information. First, we look at incarceration rates in each state, this measure gives us an idea of how intensely the state is dedicated to legally removing citizens from voting eligibility. In every state except Vermont and Maine, prison incarceration equals voter disenfranchisement (Uggen & Fettig, 2020). Another way to identify voter suppression is by examining instances of media-sponsored misinformation during the elections. Media Matters wrote a series of articles documenting the media’s role in voter suppression during the 2020 elections. The information provided by Media Matters highlights how news agencies can influences voter turnout through the selective sharing of information. While the information that we examine on media misinformation is an indicator of attempts at voter suppression, determining the extent of voter suppression is difficult because we simply don’t have data on how many people don’t show up due to misinformation. The third way that we can identify voter suppression is by examining the election-related court cases emerging from each state. The court cases will give us a picture of the logistical obstacles and obstructionist tactics used by political actors to limit the influence of everyday voters. While several social forces and factors are involved in voter disenfranchisement, we ultimately highlight the role of the criminal justice system, the media, and politicians in stopping the vote. While we attempt to provide a picture of the extent to which voter disenfranchisement exists, the measures and methods are a work in progress, and we welcome constructive critique. Feedback is gratefully appreciated and should be sent to [email protected]. More than 21 million citizens in the U.S. don’t possess government photo ID Types of Voter Suppression The tactics used to suppress voting are diverse and complex. Generally, tactics involve taking away the right or ability of the individual to vote or creating a logistical barrier to voting. After analyzing several cases, we identified seven key methods used to suppress voting participation. These methods include voting site difficulties, disinformation, legal disenfranchisement, logistical obstacles, voter purges, voter identification (ID) laws and 4 | INCARCERATING DEMOCRACY Incarcerating Democracy: Highlighting Disenfranchisement in the Center for Justice Research 2020 Election gerrymandering. The following section on voter suppression is divided into three categories of suppression: Legal disenfranchisement, Logistical obstacles, and disinformation. Legal Disenfranchisement Criminal Justice related voter suppression is a widespread issue in the United States. In all states but Maine and Vermont, a felony conviction means losing one’s right to vote. In 2020 approximately 5.2 million Americans were prohibited from voting because of felony convictions (Uggen & Fettig, 2020). Over-policing and wrongful prosecutions in communities targeted through institutional racism can also lead to the loss of the franchise. Criminal convictions and disenfranchisement resulting from policing and prosecution actions is well documented. Vote purges can happen in one of two ways. First, states may devise plans to eliminate voters from the voting rolls. In many cases voters may not even know that they have been eliminated from voter registration. State officials have the ability to disenfranchise voters on a different scale. A clear example occurred in 2019 when the Texas Secretary of State claimed that 95,000 voters in Texas were suspected of being noncitizens, most of these voters were Latino/a (Ura 2019). The accusation was repeated by Ken Paxton the Texas Attorney General, President Trump added to the accusation that 58,000 people voted illegally (Ura 2019). The accusation led to Galveston County Officials distributing proof of citizenship letters to registered voters who were told to provide proof of citizenship in 30 days or have their registration cancelled (Ura 2019). Ultimately the Secretary of States accusations were found to be unsubstantiated and riddled with errors. In the process Latino/a voters were singled out for their ethnicity and had their voting rights threatened to reckless and
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