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Our Broken Voting System and How to Repair It

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THE 2012 ELECTION PROTECTION REPORT OUR BROKEN VOTING SYSTEM AND HOW TO REPAIR IT FULL REPORT PRESENTED BY ELECTION PROTECTION Led by the Lawyers’ Committee for Civil Rights Under Law 1401 New York Ave, NW, Suite 400 Washington, DC 20005 Phone: (202) 662-8600 Toll Free: (888) 299-5227 Fax: (202) 783-0857 www.866OurVote.org /866OurVote @866OurVote www.lawyerscommittee.org /lawyerscommittee @lawyerscomm © 2013 by the Lawyers’ Committee for Civil Rights Under Law. This report may be reproduced in its entirety as long as Election Protection is credited, a link to the Coalition’s web page is provided, and no charge is imposed. The report may not be reproduced in part or in altered form, or if a fee is charged, without the Lawyers’ Committee’s permission. NOTE: This report reflects the views of the Lawyers’ Committee for Civil Rights Under Law and does not necessarily reflect the views of any other Election Protection partner or supporter. About ELECTION PROTECTION The nonpartisan Election Protection coalition—led by the Lawyers’ Committee for Civil Rights Under Law—was formed to ensure that all voters have an equal opportunity to participate in the political process. Made up of more than 100 local, state and national partners, this year’s coalition was the largest voter protection and education effort in the nation’s history. Through our state of the art hotlines (1-866-OUR-VOTE, administered by the Lawyers’ Committee for Civil Rights Under Law, and 1-888-Ve-Y-Vota, administered by the National Association of Latino Elected and Appointed Officials Educational Fund); interactive website (www.866OurVote.org); and voter protection field programs across the country, we provide Americans from coast to coast with comprehensive voter information and advice on how they can make sure their vote is counted. OUR BROKEN VOTING SYSTEM AND HOW TO REPAIR IT i THANK YOUS Thank You Coalition Partners Election Protection and the Lawyers’ Committee for Civil Rights Under Law would like to thank the national, state and local partners who led the program in their communities. The success of the program is owed to their experience, relationships and leadership. ADVANCEMENT PROJECT CENTER FOR COMMUNITY CHANGE AFL-CIO CITIZENS FOR RESPONSIBILITY ALLIANCE FOR JUSTICE AND ETHICS IN WASHINGTON ALLIANCE FOR RETIRED AMERICANS CITIZENS ENGAGEMENT LAB AMERICAN ASSOCIATION FOR JUSTICE COLOR OF CHANGE AMERICAN ASSOCIATION OF COMMITTEE OF SEVENTY PEOPLE WITH DISABILITIES COMMON CAUSE AMERICAN ASSOCIATION OF DEMOS UNIVERSITY WOMEN FAIR ELECTIONS LEGAL NETWORK AMERICAN BAR ASSOCIATION FAIRVOTE AMERICAN CIVIL LIBERTIES UNION HIP HOP CAUCUS AMERICAN CONSTITUTION SOCIETY HISPANIC NATIONAL BAR ASSOCIATION AMERICAN FEDERATION OF TEACHERS HUMAN RIGHTS CAMPAIGN APIA VOTE IMPACT ASIAN AMERICAN JUSTICE CENTER LEADERSHIP CONFERENCE ON CIVIL ASIAN AMERICAN LEGAL DEFENSE AND HUMAN RIGHTS EDUCATION FUND AND EDUCATION FUND LEAGUE OF UNITED LATIN BRENNAN CENTER FOR JUSTICE AMERICAN CITIZEN BUS FEDERATION CIVIC FUND LEAGUE OF WOMEN VOTERS CAMPAIGN LEGAL CENTER VOTING LONG DISTANCE VOTER RIGHTS ENFORCEMENT PROJECT MOMS RISING CAMPUS COMPACT NAACP CAMPUS PROGRESS ii THE 2012 ELECTION PROTECTION REPORT NAACP LEGAL DEFENSE & LATINO JUSTICE - PRLDEF EDUCATIONAL FUND PROGRESSNOW NATIONAL ASIAN PACIFIC PROJECT VOTE AMERICAN BAR ASSOCIATION ROCK THE VOTE NATIONAL ASSOCIATION OF LATINO ELECTED AND APPOINTED SERVICE EMPLOYEES OFFICIALS EDUCATIONAL FUND INTERNATIONAL UNION NATIONAL BAR ASSOCIATION SIERRA CLUB NATIONAL BLACK LAW SOUTHWEST VOTER REGISTRATION STUDENTS ASSOCIATION AND EDUCATION PROJECT NATIONAL COALITION FOR STATE VOICES BLACK CIVIC PARTICIPATION THE CAMPAIGN LEGAL CENTER NATIONAL COALITION THE VOTER PARTICIPATION CENTER FOR THE HOMELESS TURBO VOTE NATIONAL COUNCIL OF JEWISH WOMEN UNITED STATES STUDENT NATIONAL CONGRESS OF ASSOCIATION FOUNDATION AMERICAN INDIANS UNITED STEELWORKERS NATIONAL DISABILITY RIGHTS NETWORK UNC CENTER FOR CIVIL RIGHTS NATIONAL EDUCATION ASSOCIATION U.S. PIRG NATIVE VOTE US VOTE FOUNDATION NATIONAL COUNCIL OF LA RAZA VERIFIED VOTING FOUNDATION NEW ORGANIZING INSTITUTE VOTE RIDERS NON-PROFIT VOTE VOTO LATINO OVERSEAS VOTE FOUNDATION WOMEN DONORS NETWORK PEOPLE FOR THE AMERICAN WAY FOUNDATION Thank You Legal Volunteers A tremendous thank you to the following law firms, corporate legal departments, and law schools for their support of Election Protection 2012: AARP ATLANTA’S JOHN MARSHALL AOL, INC. LAW SCHOOL AKIN GUMP STRAUSS HAUER & FELD LLP BAKER & HOSTETLER LLP ALSTON & BIRD LLP BALLARD SPAHR ANDREWS & INGERSOLL, LLP AMERICAN UNIVERSITY WASHINGTON COLLEGE OF LAW BENJAMIN N. CARDOZO SCHOOL OF LAW ARENT FOX LLP BEST BUY CO., INC. ARNOLD & PORTER LLP BINGHAM MCCUTCHEN LLP BLANK ROME LLP OUR BROKEN VOTING SYSTEM AND HOW TO REPAIR IT iii BNY MELLON ECKERT SEAMANS CHERIN BOSTON COLLEGE LAW SCHOOL & MELLOTT, LLC BOSTON UNIVERSITY SCHOOL OF LAW EMORY UNIVERSITY SCHOOL OF LAW BRACEWELL & GIULIANI LLP E-TRADE BRYAN CAVE LLP EXXON MOBIL CORPORATION BUCHALTER NEMER FEDEX GROUND CADWALADER, WICKERSHAM FENWICK & WEST LLP & TAFT LLP FISH & RICHARDSON P.C. CAMPBELL LAW SCHOOL FLORIDA A&M UNIVERSITY CARLTON FIELDS, P.A. COLLEGE OF LAW CATHOLIC UNIVERSITY OF FLORIDA STATE UNIVERSITY AMERICA LAW SCHOOL COLLEGE OF LAW CBS CORPORATION FOLEY HOAG LLP CHADBOURNE & PARKE LLP FOLEY & LARDNER LLP CHOATE HALL & STEWART LLP FORDHAM LAW SCHOOL CITIGROUP FRIED, FRANK, HARRIS, SHRIVER & JACOBSON LLP CLEARY GOTTLIEB STEEN & HAMILTON LLP FRIEDMAN & WOLFE CLEVELAND-MARSHALL FULBRIGHT & JAWORSKI L.L.P. COLLEGE OF LAW GEORGE WASHINGTON COBLENTZ, PATCH, DUFFY & BASS LLP UNIVERSITY LAW SCHOOL COHEN MILSTEIN SELLERS & TOLL PLLC GEORGETOWN UNIVERSITY LAW CENTER COLUMBIA UNIVERSITY SCHOOL OF LAW GEORGIA STATE UNIVERSITY, COLLEGE OF LAW COOLEY GODWARD KRONISH LLP GIBNEY ANTHONY & FLAHERTY LLP COVENTRY HEALTH CARE, INC. GIBSON DUNN & CRUTCHER CRAVATH, SWAINE & MOORE LLP GOODWIN PROCTER LLP CROWELL & MORING LLP GOOGLE DAVIS POLK & WARDWELL GOULSTON & STORRS DAVIS WRIGHT TREMAINE LLP HAMLINE UNIVERSITY SCHOOL OF LAW DEBEVOISE & PLIMPTON LLP HARVARD LAW SCHOOL DECHERT LLP HOGAN LOVELLS LLP DELOITTE FINANCIAL ADVISORY SERVICES HOLLAND & KNIGHT LLP DEPAUL UNIVERSITY COLLEGE OF LAW HOWARD UNIVERSITY SCHOOL OF LAW DICKSTEIN SHAPIRO LLP HUGHES HUBBARD & REED LLP DLA PIPER US LLP HUNTON & WILLIAMS DORSEY & WHITNEY LLP HYATT HOTELS CORPORATION DRINKER BIDDLE & REATH LLP INMOTION ENTERTAINMENT DUANE MORRIS LLP ITT CORPORATION JAFFE RAITT HEUER & WEISS, P.C. iv THE 2012 ELECTION PROTECTION REPORT JOHN MARSHALL LAW SCHOOL PAUL HASTINGS JANOFSY & WALKER LLP JOSEPH, GREENWALD & LAAKE, P.A. PAUL WEISS RIFKIND WHARTON JPMORGAN CHASE & GARRISON LLP KATTEN MUCHIN ROSENMAN LLP PEPPER HAMILTON LLP KAYE SCHOLER LLP PFIZER INC. KELLEY DRYE & WARREN LLP PILLSBURY WINTHROP SHAW PITTMAN LLP KILPATRICK TOWNSEND & STOCKTON LLP PROSKAUER ROSE LLP KING & SPALDING QUALCOMM INC. KIRKLAND & ELLIS LLP QUARLES & BRADY LLP K&L GATES LLP REED SMITH LLP LABATON SUCHAROW LLP ROPES & GRAY LLP LATHAM & WATKINS LLP RUTGERS SCHOOL OF LAW-NEWARK LOWENSTEIN SANDLER PC SANTA CLARA UNIVERSITY MANATT, PHELPS & PHILLIPS, LLP SCHOOL OF LAW MAYOR BROWN LLP SCHNADER HARRISON MCCARTER & ENGLISH, LLP SEGAL & LEWIS LLP MERRILL LYNCH CORPORATION SEDGWICK LLP METCALF KASPARI ENGDAHL & LAZARUS SERVICE EMPLOYEES INTERNATIONAL UNION METROPOLITAN LIFE INSURANCE COMPANY SEYFORTH SHAW LLP MORGAN, LEWIS & BOCKIUS LLP SHEARMAN & STERLING LLP MORRISON & FOERSTER LLP SIDLEY AUSTIN LLP MUNGER, TOLLES & OLSON LLP SIMPSON THACHER & BARTLETT LLP NBC UNIVERSAL, INC. SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP NELSON MULLINS RILEY & SCARBOROUGH, LLP SNR DENTON NEW YORK LAW SCHOOL STANFORD SCHOOL OF LAW NEW YORK UNIVERSITY SCHOOL OF LAW STEPTOE & JOHNSON LLP NIXON PEABODY LLP STROOCK & STROOCK & LAVAN LLP NORTHERN KENTUCKY UNIVERSITY SULLIVAN & CROMWELL LLP CHASE COLLEGE OF LAW SUTHERLAND LLP OGLEETREE, DEAKINS, NASH, THOMAS JEFFERSON SCHOOL OF LAW SMOAK & STEWART, P.C. THOMAS M. COOLEY LAW SCHOOL OHIO STATE UNIVERSITY MONTZ COLLEGE OF LAW TIME WARNER INC. O’MELVENY & MYERS LLP TMZ PRODUCTIONS ORRICK, HERRINGTON & SUTCLIFFE LLP TROUTMAN SANDERS LLP PATTERSON BELKNAP TULANE UNIVERSITY LAW SCHOOL WEBB & TYLER LLP UCLA SCHOOL OF LAW PATTON BOGGS LLP UNITED HEALTH GROUP OUR BROKEN VOTING SYSTEM AND HOW TO REPAIR IT v UNIVERSITY OF ARIZONA UNIVERSITY OF SOUTHERN CALIFORNIA COLLEGE OF LAW GOULD SCHOOL OF LAW UNIVERSITY OF BALTIMORE UNIVERSITY OF TOLEDO- SCHOOL OF LAW COLLEGE OF LAW UNIVERSITY OF CALIFORNIA, VANDERBILT UNIVERSITY LAW SCHOOL BERKELEY SCHOOL OF LAW VIACOM INC. UNIVERSITY OF THE DISTRICT WAKE FOREST UNIVERSITY OF COLUMBIA, DAVID A. SCHOOL OF LAW CLARKE SCHOOL OF LAW WARNER BROTHERS, UNIVERSITY OF GEORGIA ENTERTAINMENT INC. SCHOOL OF LAW WEIL, GOTSHAL & MANGES LLP UNIVERSITY OF HOUSTON LAW CENTER WILLIAM & MARY SCHOOL OF LAW UNIVERSITY OF MARYLAND SCHOOL OF LAW WILLIAM MITCHELL COLLEGE OF LAW UNIVERSITY OF MIAMI SCHOOL OF LAW WILMER CUTLER PICKERING HALE AND DORR LLP UNIVERSITY OF MICHIGAN LAW SCHOOL WILSON SONSINI GOODRICH & ROSATI UNIVERSITY OF MINNESOTA LAW SCHOOL WINSTON & STRAWN LLP UNIVERSITY OF NORTH CAROLINA ZUCKERMAN SPAEDER LLP CENTER FOR CIVIL RIGHTS UNIVERSITY OF NORTH CAROLINA SCHOOL OF LAW UNIVERSITY OF PITTSBURGH SCHOOL OF LAW UNIVERSITY OF RICHMOND SCHOOL OF LAW vi THE 2012 ELECTION PROTECTION REPORT CONTENTS Executive Summary 1 Background on Election Protection 8 2012 Election: Overcoming Barriers to the Ballot 10 Litigation Before Election Day 15 The Endemic Problems that Continue to Plague Our Electoral Process 23 A Way Forward: Policy Recommendations
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