When Combatting Voter Fraud Leads to Voter Suppression by Phyllis Raybin Emert

A PUBLICATION OF THE NEW JERSEY STATE BAR FOUNDATION WINTER 2012 • VOL. 11, NO. 2 A NEWSLETTER ABOUT LAW AND DIVERSITY When Combatting Voter Fraud Leads to Voter Suppression by Phyllis Raybin Emert With the presidential election fast approaching in In addition, the report revealed that “of the 12 likely November, it is important to remember that taking battleground states [in the 2012 presidential election], part in America’s democratic process by casting according to The Los Angeles Times analysis in August, your vote is a fundamental right of every American five have already cut back on voting rights and two more of voting age. Proposed legislation in as many as are currently considering new restrictions.” According 38 states could make it harder for some Americans to the Brennan Center’s report and other newspaper to exercise that right. accounts, some of the voting restrictions include making According to a report released in October 2011, it more difficult to register to vote, cutting back on more than five million eligible voters will find it harder early voting, a huge benefit for millions of Americans to cast their ballots in November if these states pass who cannot take off work >continued on page 2 their proposed legislation. The report, titled “Voting Law Changes in 2012,” was produced by New York University School of Law’s Brennan Center for Justice, Wal-Mart Wins, A Million Women Lose a non-partisan, public policy and law by Cheryl Baisden institute that focuses on the fundamental In 1963, the United States passed the Equal Pay Act, making issues of democracy and justice. it illegal to pay men and women different wages for the same John Samples, of the Cato Institute, a job. A year later, Congress strengthened the nation’s workplace research organization that supports limited gender anti-discrimination laws when it adopted the Civil government, told The Washington Post, Rights Act. Under Title VII of that act, employers were required “The five million number might be true in to treat men and women equally when it came to promotions, a general sense under the law, but the real benefits, raises and other work-related opportunities as well. question here is whether the imposition of These laws set the foundation for gender equality in the the requirement would cause the person workplace, but even today the issue of employment equality to do something different than they would continues to be tested in the courts on a regular basis, notes Lisa have done without it. It is implausible Lehrer, a Livingston attorney whose practice includes workplace to me that five million people would be issues. deterred from voting short of physical In 2000, in fact, the most expansive lawsuit ever filed related force.” to workplace gender discrimination was lodged against the nation’s The Brennan Center report contends largest retailer—Wal-Mart. Both the Equal Pay Act and Title VII that the new restrictions “fall most heavily of the Civil Rights Act were at the center of that landmark case, on young, minority, and low-income which was filed on behalf of 1.5 million present and former female voters, as well as voters with disabilities.” Wal-Mart employees, claiming the chain’s employment practices >continued on page 6 Voter Suppression continued from page 1< to vote when faced with long lines at the voting State Government, Wagering, Tourism & Historic This publication was made booth, and requiring voters to show some type of Preservation Committee and is still pending. possible through funding from the IOLTA Fund of the Bar government-issued photo ID. The report contends of New Jersey. that “as many as one in 10 voters do not have Why all the legislation? Angela C. Scheck this type of ID.” This number includes nearly one Republicans have stated the reason for the Executive Editor in five younger voters and one in four African proposed voting restrictions is to eliminate voter Jodi L. Miller Americans, who traditionally vote Democratic. fraud, and the Bush administration made it a high Editor These same voters turned out in the millions for priority. From the flurry of legislation put forth in Editorial Advisory Board Barack Obama in 2008. 2011 restricting voting rights, one would think this Gwendolyn Yvonne Alexis, Esq. type of fraud is rampant. According to the Rolling Chair What some states are proposing Stone article, “out of the 300 million votes cast Engy Abdelkader, Esq. According to a September 2011 Rolling [between 2002 and 2007], federal prosecutors Mary M. Ace, LCSW Stone article, Kansas and Alabama now demand convicted only 86 people for voter fraud.” In fact, Lisa H. James-Beavers, Esq. proof of citizenship to register to vote. The according to the Brennan Center, “It is more Maha M. Kabbash, Esq. Republican-controlled states of Alabama, Kansas, likely that an individual will be struck by lightning Ronald G. Lieberman, Esq. South Carolina, Tennessee, Texas and than that he will impersonate another Louis H. Miron, Esq. Anna P. Pereira, Esq. Wisconsin require voters to show voter at the polls.” Margaret Leggett Tarver, Esq. a government ID card before In a speech given on the floor of the Dr. Paul Winkler voting. In Texas, Republican House of Representatives in July 2011, New Jersey State Bar Governor Rick Perry, who recently Congressman John Lewis, a Democrat Foundation Board of Trustees ended his run for the Republican from Georgia and a civil rights leader Stuart M. Lederman, Esq. presidential nomination, signed dating back to the 1960s, declared, President a law that allowed a concealed- “Voting rights are under attack in Louis H. Miron, Esq. weapons permit to be an America. There’s a deliberate and First Vice President acceptable form of ID for systematic attempt to prevent Steven M. Richman, Esq. voting but not a student ID. millions of elderly voters, young Second Vice President Maine repealed Election Day voter registration, voters, students, minority and low-income voters Patrick C. Dunican Jr., Esq. which had been in effect since 1973. Florida, from exercising their constitutional right to Treasurer Georgia, Ohio, Tennessee and West Virginia all engage in the democratic process.” Lynn Fontaine Newsome, Esq. Secretary shortened their early voting periods, and Florida Speaking before a group of students at a and Iowa disenfranchised thousands of former Campus Progress convention in July 2011, Trustees criminals who served their prison time and would former President Bill Clinton said, “One of the Gwendolyn Yvonne Alexis, Esq. have had their voting rights re-instated. most pervasive political movements going on Richard J. Badolato, Esq. Florida, in fact, approved so many new outside of Washington today is the disciplined, Paulette Brown, Esq. regulations, creating excessive paperwork and red passionate, determined effort of Republican Angela White Dalton, Esq. Paris P. Eliades, Esq. tape when registering voters that the League of governors and legislators to keep most of you Eli L. Eytan, Esq. Women Voters ended its efforts in that state after from voting next time. Why is all of this going Susan A. Feeney, Esq. 70 years. on?,” Clinton asked. “This is not rocket science. Norberto A. Garcia, Esq. Ion Sancho, an elections supervisor in They are trying to make the 2012 electorate look Hon. C. Judson Hamlin Florida’s Leon County, told The Guardian, “Every more like the 2010 electorate than the 2008 Ralph J. Lamparello, Esq. Bryan Lonegan, Esq. state that has a Republican [controlled] legislature electorate.” Kevin P. McCann, Esq. is doing this, from Maine to Florida. It’s a national President Clinton is referring to the 2010 Jeffrey J. McWeeney, Esq. effort.” mid-term elections when the Republicans took Anna P. Pereira, Esq. In New Jersey, a bill was introduced in back the House of Representatives from the Richard H. Steen, Esq. July 2011 that would “require specified forms Democrats and nearly claimed the Senate as Robert J. Stickles, Esq. Margaret Leggett Tarver, Esq. of photo ID when voting, subject to certain well. He went on to tell the students, “There has Miles S. Winder III, Esq. exemptions.” The bill was referred to the Senate never been in my lifetime, since we got rid of the . ©2012 New Jersey State Bar Foundation >2 poll tax and all the Jim Crow burdens on most of them in Florida were African as “preclearance.” voting, the determined effort to limit the American and Hispanics and would tend to Congress has renewed the Voting franchise that we see today.” vote for Democrats—that’s why.” Rights Act with some amendments Poll taxes were instituted after the Civil four times, most recently in 2006 under War in an effort to keep African Americans Voting Rights Act of 1965 the Bush Administration. The most from voting. Essentially, a poll tax was a The Voting Rights Act of 1965 controversial part of the Act today is fee that had to be paid in order to vote, prohibits states from “imposing any voting Section 5, which deals with preclearance. which disenfranchised poor voters. While qualification or pre-requisite to voting, or Those states that still fall into the “covered a 1937 U.S. Supreme Court decision in standard, practice, or procedure….to deny jurisdictions” feel it is unnecessary to Breedlove v. Suttles held these taxes to or abridge the right of any citizen of the consult the Justice Department before be constitutional, the 24th Amendment United States to vote on account of race making changes to their voting practices, to the U.S. Constitution, ratified by the or color.” In addition, the Act established believing that they have moved beyond the states in 1964, prohibited poll taxes in strict federal oversight of elections in discriminatory practices of the past.

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