Monday, March 12, 2012

Wisconsin Voter Photo ID Law Ruled Unconstitutional

Dane County Wisconsin Circuit Judge Richard Niess today declared that state's new voter photo ID law unconstitutional and issued a permanent injunction blocking the state from implementing that law. Wisc. Gov. Scott Walker (R) signed the voter photo ID bill into law in May 2011, saying it is a "common sense reform" that would "go a long way to protecting the integrity of elections in Wisconsin."

"Without question, where it exists, voter fraud corrupts elections and undermines our form of government," wrote Judge Niess in his decision. "The legislature and governor may certainly take aggressive action to prevent its occurrence. But voter fraud is no more poisonous to our democracy than voter suppression. Indeed, they are two heads on the monster."

The League of Women Voters of Wisconsin Education Network filed suit in Dane County Circuit Court last October on the grounds the Wisc. voter photo ID law violates the provision in the Wisconsin state constitution that determines who can vote. Judge Niess agreed with that argument:

In his 12-page ruling on the League of Women Voters plaintiff motion for summary judgment, Judge Niess found that the voter photo ID law (Act 23) violates the Wisc. Constitution's Article III, which guarantees the right to vote to all state residents who are 18 and over (Section 1) other than in cases where the legislature may place restrictions on convicted felons and those adjudicated to be incompetent (Section 2).

Article III is unambiguous, and means exactly what it says. It creates both necessary and sufficient requirements for qualified voters. Every United States citizen 18 years of age or older who resides in an election district in Wisconsin is a qualified elector in that district, unless excluded by duly enacted laws barring certain convicted felons or adjudicated incompetents/partially incompetents.

The government may not disqualify an elector who possesses those qualifications on the grounds that the voter does not satisfy additional statutorily-created qualifications not contained in Article III, such as a photo ID. He added that a "government that undermines the very foundation of its existence - the people's inherent, pre-constitutional right to vote - imperils its legitimacy as a government by the people, for the people, and especially of the people."

Wisconsin Attorney General J.B. Van Hollen (R) he plans to appeal the decision. The Dane County Circuit Court decision comes less than a week after another judge temporarily halted the implementation of the voter ID law.

Last December, the American Civil Liberties Union, the ACLU of Wisconsin and the National Law Center on Homelessness & Poverty filed a federal lawsuit charging that Wisconsin’s voter ID law is unconstitutional and will deprive citizens of their basic right to vote:

“This lawsuit is the opening act in what will be a long struggle to undo the damage done to the right to vote by strict photo ID laws and other voter suppression measures,” said Jon Sherman, an attorney with the ACLU Voting Rights Project. “Across the nation, legislators are robbing countless American citizens of their fundamental right to vote, and in the process, undermining the very legitimacy of our democracy. We intend to redirect their attention to the Constitution.”

The ACLU complaint says that allowing only certain types of photo ID imposes a severe burden on the right to vote in violation of the Equal Protection Clause of the 14th Amendment. It also states that the law violates the 24th and 14th amendments because it effectively imposes an unconstitutional poll tax. The lawsuit was filed the same day that U.S. Attorney General Eric Holder was scheduled to speak about the importance of ensuring equal access to the ballot box.

“The state of Wisconsin has created a voter ID system that is making it very hard or impossible for residents to exercise their cherished right to vote,” said Larry Dupuis, legal director of the ACLU of Wisconsin. “Countless Wisconsin residents, including veterans, minority voters and seniors who have been voting for decades, will be turned away from the polls under this law’s restrictive photo ID requirements. Our lawsuit aims to block this unconstitutional law so that Wisconsin can continue its proud tradition of high participation in elections.”

The law will also have a severe impact on homeless voters, many of whom do not have photo identification.

“Protecting homeless persons’ right to vote is crucial, since voting is one of the few ways that homeless individuals can impact the political process and make their voices heard,” said Heather Johnson, civil rights attorney at the National Law Center on Homelessness & Poverty. “By limiting participation to Wisconsin residents with photo identification, this law effectively silences homeless persons’ voices. With homelessness rising by 12 percent in Wisconsin since the recession began, we cannot allow the state to set this dangerous and unconscionable precedent.”

The ACLU and the Law Center filed the complaint in the U.S. District Court for the Eastern District of Wisconsin on behalf of 17 eligible Wisconsin voters who may not be able to vote under the law.

USDOJ Rejects Texas' Voter Photo ID Law

The U.S. Department of Justice (USDOJ) today rejected Texas' application for preclearance of its voter photo ID law, saying the state did not prove that the bill would not have a discriminatory effect on minority voters.

The department’s letter written by Assistant U.S. Attorney General Thomas E. Perez states that Texas did not meet its burden under Section 5 of the Voting Rights Act of showing that the law will not have a discriminatory effect on minority voters, and therefore the department objects to the Texas voter identification law. According to the state’s own data, registered Hispanic voters are much more likely than registered non-Hispanic voters to not hold a one of the select few government issued photo identification cards.

Assistant U.S. Attorney General Thomas E. Perez wrote in a letter to Keith Ingram, the director of Texas’ elections division:

“As noted above, an applicant for an election identification certificate will have to travel to a driver’s license office. This raises three discrete issues. First, according to the most recent American Community Survey three-year estimates, 7.3 percent of Hispanic or Latino households do not have an available vehicle, as compared with only 3.8 percent of non-Hispanic white households that lack an available vehicle. Statistically significant correlations exist between the Hispanic voting-age population percentage of a county, and the percentage of occupied housing units without a vehicle.

Second, in 81 of the state’s 254 counties, there are no operational driver’s license offices. The disparity in the rates between Hispanics and non-Hispanics with regard to the possession of either a driver’s license or personal identification card issued by DPS is particularly stark in counties without driver’s license offices. According to the September 2011 data, 10.0 percent of Hispanics in counties without driver’s license offices do not have either form of identification, compared to 5.5 percent of non-Hispanics. According to the January 2012 data, that comparison is 14.6 percent of Hispanics in counties without driver’s license offices, as compared to 8.8 percent of non-Hispanics. During the legislative hearings, one senator stated that some voters in his district could have to travel up to 176 miles round trip in order to reach a driver’s license office. The legislature tabled amendments that would have, for example, provided reimbursement to voters who live below the poverty line for travel expenses incurred in applying for the requisite identification.

... Hispanic voters represent only 21.8 percent of the registered voters in the state, Hispanic voters represent fully 29.0 percent of the registered voters without such identification.

...Thus, we conclude that the total number of registered voters who lack a driver’s license or personal identification card issued by DPS could range from 603,892 to 795,955. The disparity between the percentages of Hispanics and non-Hispanics who lack these forms of identification ranges from 46.5 to 120.0 percent. That is, according to the state’s own data, a Hispanic registered voter is at least 46.5 percent, and potentially 120.0 percent, more likely than a non-Hispanic registered voter to lack this identification. Even using the data most favorable to the state, Hispanics disproportionately lack either a driver’s license or a personal identification card issued by DPS, and that disparity is statistically significant.”

There are 34 Texas counties without a DPS office and 47 additional counties where DPS offices have been temporarily closed, according to documents furnished to the Department of Justice. Minorities make up a majority of the population in most of those counties. The line to get a driver’s license at one Houston location is so long, according to State Sen. Tommy Williams, that a guy called in a pizza order, got it delivered to him, and finished eating before he got to the front of the line.

Thursday, March 8, 2012

2.4 Million Of Texas' 12.8 Million Registered Voters Have No Photo ID

Houston Chronicle

The state’s contested voter ID law could provoke widespread complications in the upcoming presidential elections, with as many as 18 percent of all registered voters across Texas apparently lacking state government-issued photo IDs to match their voter registration cards, according to records obtained by the Houston Chronicle.

Texas secretary of state officials did not find matching 2012 driver’s licenses or state-issued photo IDs for 2.4 million of the state’s 12.8 million registered voters, though all but about 800,000 of those voters supplied a valid identification number when they first registered to vote. The findings come from documents submitted by the state to the U.S. Department of Justice as part of an ongoing review of the new voter ID law.

The “matching” exercises conducted by the state showed up to 22 percent of Bexar County voters apparently lacked the IDs, as well as 20 percent in Dallas County and 19 percent in Harris County, based on the Chronicle’s review of the state data.

If approved, the new law would require voters to present official Department of Public Safety IDs that basically mirror their registration cards. An unknown number of voters hold passports, concealed handgun licenses or military IDs that also would be accepted.

Read the full article @ Houston Chronicle

The Texas Democratic Party last fall sent a letter and spreadsheet to the USDOJ showing that in at least 46 Texas counties, over half the voters who do not have one of the required photo ID's are Hispanic. The Texas Democratic Party and various organizations staunchly opposed Texas new voter photo ID law (SB14) on the grounds it will disenfranchise elderly and minority voters.

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Women's Health Care Suffers As Republicans Slash Funding

In this exclusive, unedited Daily Show interview, Jon Stewart talks with Planned Parenthood President Cecile Richards about the mission of Planned Parenthood and the opposition it faces from political figures.


The Daily Show interview with Cecile Richards - pt 1


The Daily Show interview with Cecile Richards - pt 2


President of Planned Parenthood of America Cecile Richards discusses health care funding cuts in her home state of Texas.

On March 14, Texas Governor Rick Perry will cut off access to affordable health care for low-income women in Texas.

Even as more than one-quarter of Texas women are uninsured, and women in Texas have the third highest rate of cervical cancer in the country, Governor Perry is determined to make a bad situation worse for women in the state of Texas by cutting funding for the Medicaid Women’s Health Program.

With Gov. Rick Perry (R-TX) leading the war on women, Texas Republicans in the 2011 Texas legislature cut funding for family planning clinics by two-thirds.

When the Texas Tribune asked Texas state Rep. Wayne Christian (R-Nacogdoches), a supporter of the family planning cuts, if this was a war on birth control, he said: “Well of course this is a war on birth control and abortions and everything.”

Family planning clinics are routinely referred to by many Republican lawmakers across the U.S. as “abortion clinics.”

None of the 71 family planning clinics in the state of Texas that receive government funding provide abortions.

Those family planning clinics provide reproductive health care services to women as well as information about and access to contraceptives.

As NPR notes, the state estimates that 300,000 women will lose access to family planning services because of these cuts, resulting in roughly 20,000 additional unplanned births. “Texas already spends $1.3 billion on teen pregnancies — more than any other state.”

The GOP’s concerted campaign against women’s health and right to choose to use birth control prescriptions has resulted in about 1,000 anti-abortion bills in state legislatures across the country that include attempts to eradicate women’s access to contraceptives by redefining “personhood” rights as beginning at the moment of conception.

Listen to NPR's report on Texas' Cuts to Women's access to birth control choices

Such laws will criminalize the most common birth control choice - the birth control pill.

Texas Tribune: Leticia Parra, a mother of five scraping by on income from her husband’s sporadic construction jobs, relied on the Planned Parenthood clinic in this impoverished South Texas town for breast cancer screenings, free birth control pills and pap smears for cervical cancer.

But the clinic closed in October, along with more than a dozen others, after financing for women’s health was slashed by two-thirds by the Republican-controlled Legislature.

The cuts, leaving many low-income women with inconvenient or costly options, stemmed from an effort to eliminate state support for Planned Parenthood. Although no clinic driven out of business performed abortions, and the cuts forced non-Planned Parenthood clinics to close too, supporters of the cutbacks say the abortion issue was behind them.

“I don’t think anybody is against providing health care for women. What we’re opposed to are abortions,” said state Rep. Wayne Christian, R-Center. “Planned Parenthood is the main organization that does abortions, so we kind of blend being anti-abortion with being anti-Planned Parenthood.”

Now anti-Planned Parenthood sentiment is likely to prompt the shutdown next week of another significant source of reproductive health care: the Medicaid Women’s Health Program, which serves 130,000 women with grants to many clinics, including Planned Parenthood ones. Gov. Rick Perry and Republican lawmakers have taken the position that they would forgo the $40 million program — which receives $9 for every $1 the state spends — rather than give Planned Parenthood any of it.

Read the full article @ Texas Tribune

Education After The 82nd Texas Legislature

Join the Democratic Network of Collin County for its inaugural forum on the topic of "Education after the 82nd Legislature," Saturday, March 17th at the John and Judy Gay Library in McKinney, 6861 Eldorado Parkway, just east of Alma. (map)

In 2011 the Republican super-majority Texas Legislature cut $4 billion from the $50.8 billion 2011-13 public education budget, even as Texas' booming population saw public school enrollment grow by 160,000 students for this K-12 school term. They also cut $1.4 billion in grant programs.

That caused the amount of money Texas spends per student to fall to $8,908 per pupil, down $538 from last year and well below the current national average of $11,463, according to the National Education Association. Parents and students need to use this election year to tell Texas legislators that they must restore public school funding!

Event organized by the Democratic Network of Collin County

Wisc Judge Blocks Voter Photo ID Law, Citing Disenfranchised Marine Vet

Voter ID laws are popular among conservative lawmakers because they disproportionately disenfranchise poor, student and minority voters, all of which are typically more left-of-center than the average voter.

They also violate the federal Voting Rights Act’s prohibition on state laws that discriminate against minority voters.

According to Wisconsin Judge David Flanagan, they violate the Wisconsin Constitution too. In an order issued yesterday, Flanagan temporarily suspended his state’s voter ID law and strongly hinted that he will eventually strike the law down permanently.

As Flanagan’s opinion explains, the Wisconsin Constitution provides particularly strong protections for the right to vote — “[e]very United States citizen age 18 or older who is a resident of an election district in this state is a qualified elector of that district,” regardless of whether or not they have an ID. Moreover, the state supreme court has interpreted this constitutional provision very robustly. “Voting is a constitutional right,” according to the Wisconsin supremes, “any statute that denies a qualified elector the right to vote is unconstitutional and void.”

Flanagan accordingly subjects the law to the highest level of constitutional scrutiny, and finds it deeply lacking. As he explains, the law disenfranchises voters, sometimes in absurd ways, and targets a problem that is only slightly more real than fairies and unicorns:

[F]orty uncontested affidavits offer a picture of carousel visits to government offices, delay, dysfunctional computer systems, misinformation and significant investment of time to avoid being turned away at the ballot box. This is burdensome, all the more for the elderly and the disabled. . . . Mr. Ricky Tyrone Lewis is 58 years old, a Marine Corps Veteran and a lifelong Milwaukee resident. He was able to offer proof of his honorable discharge but Milwaukee County has been unable to find the record of his birth so he cannot obtain a voter ID card. Ms. Ruthelle Frank, now 84, is a lifelong resident of Brokaw, Wisconsin and a member of her town board since 1996. She has voted in every election over the past 64 years but she does not have a voter ID card. She located her birth certificate but found that her name was misspelled. She was advised to obtain a certified copy of the incorrect birth certificate and try to use that to obtain a voter ID card. . . .

The plaintiffs do not dispute, and the court certainly accepts fully the value of maintaining the accuracy and security of the ballot process. At this point, however, the record is uncontested that recent investigations of vote irregularities, both in the City of Milwaukee and by the Attorney General have produced extremely little evidence of fraud and that which has been uncovered, improper use of absentee ballots and unqualified voters, would not have been prevented by the photo identification requirements of Act 23.

Unfortunately, however, Flanagan’s decision will ultimately appeal to the Wisconsin Supreme Court, whose current members have a long history of handing down ideologically conservative 4-3 decisions.

Originally published at Think Progress.

Voter photo ID laws passed by Texas, Wisconsin, South Carolina, and several other state legislatures all mandate nearly the same restrictions on voters, including the exclusion veteran ID cards as form of voter ID. Every state has enacted a voter photo ID model bill written by the American Legislative Exchange Council. ALEC is a corporate clearinghouse for the promotion of "model bills" written by corporations who promote conservative legislation.

Last August, Ann McGeehan, director of the Texas Secretary of State's elections division, said at a seminar in Austin that photo ID cards issued by the U.S. Department of Veterans Affairs are not acceptable forms of military ID to vote in Texas under Texas' new voter photo ID law.

Texas voter photo ID law has not yet been precleared under the Voting Rights Act to be enforced. See Texas Voter Photo ID FAQ.

Wednesday, February 22, 2012

U.S. Senators Ask GAO To Study Impact Of Restrictive Voter Photo ID Laws

A group of U.S. senators on Tuesday asked the Government Accountability Office to study what they called an "alarming number" of new state laws that will make it "significantly harder" for millions of eligible voters to cast ballots this November. Sens. Bernie Sanders, Patrick Leahy, Richard Durbin and Bill Nelson sent a letter asking the non-partisan research arm of Congress for the review of new laws in at least 14 states.

The study is needed "to ensure that all citizens have the opportunity to exercise their constitutional right to vote and are not unreasonably hindered or burdened in that process," the letter said.

Some of the new restrictions, the senators added, are tantamount to poll taxes.

New state identification laws, by one estimate, will have a direct impact on 21 million American citizens who do not have a government-issued photo ID. The majority of those people are young would-be voters, the elderly, African Americans, Hispanics, and those earning $35,000 per year or less.

Other new state measures require proof of citizenship in order to register, prevent students from using college ID cards to register, place extreme burdens on third-party registration efforts, and eliminate or cut back early voting opportunities.

"State actions that suppress the right to vote must not be tolerated," the senators said. "We must make it easier, not harder, for poor and working people to vote and to participate in the political process."

The senators also asked the GAO to examine data on any prosecutions or convictions for voter impersonation fraud during the past decade in states that enacted new restrictions on voting, since the threat of such fraud has been used as a justification for many of the new laws.

"It is critical that we have an accurate picture of these recent state laws, individual access to voting, and actual instances of voter impersonation fraud," the letter said.

Read the senators' letter »

Watch the video of Senator Bernie Sanders talking with Rachel Maddow about resisting the Republican effort to discourage and/or disallow voter participation in elections even as Republicans are the ones who seem to have the problem with conducting honest elections:


Visit msnbc.com for breaking news, world news, and news about the economy

Tuesday, February 21, 2012

Protecting The Right To Vote And Empowering Voters Through Collaboration

Since the record turnout of minority and young voters in 2008, there has been a wave of new laws that block access to the ballot box. The Brennan Center for Justice estimates that more than five million voters may be disenfranchised by the voting law changes. The most onerous restriction requires voters to present government-issued photo ID in order to vote.

On Tuesday, the Center for American Progress Action Fund (CAPAF) hosted a panel discussion on how civil rights organizations, advocacy groups and ordinary citizens are using social media to protect the right to vote and fight strict photo ID requirements. Alan Rosenblatt, Associate Director of Online Advocacy for CAPAF, delivered welcoming remarks. Nicole Austin-Hillery, Director and Counsel in the Brennan Center’s DC Office, provided an overview of state photo ID laws.

The panel discussion was moderated by Vanessa Cárdenas, Director of Progress 2050, a project of the Center for American Progress. I was a panelist, along with Eric Rodriguez, Vice President, Office of Research, Advocacy, and Legislation for the National Council of La Raza, Erika Maye, Communications Specialist with the Advancement Project, and Rashad Robinson, Executive Director of ColorOfChange.

The panelists addressed a wide range of issues, including:

  • How are Latinos being impacted by proof of citizenship and strict photo ID requirements?
  • How is social media being used to mobilize young voters?
  • How will restricting third party voter registration drives impact the youth vote?
  • What voter ID legislation is currently pending in the states? Which states are being challenged?
  • Who are the funders and supporters of voter suppression laws? Who’s behind ALEC?

Faye Anderson gave a demo of the Cost of Freedom App, a location-based web app that will provide voters with information on how to get a voter ID. The prototype for the app was developed by Kin Lane, API Evangelist for CityGrid.

Users of the web app will be able to quickly access information about their state’s voter ID requirements, how to obtain a certified copy of their birth certificate (the document that’s typically produced to establish one’s identity), and the location, hours and directions to the Office of Vital Records using public transit.

Anderson also gave a live demo of the Cost of Freedom text-based app developed by Jack Aboutboul, Twilio’s API Evangelist. Twilio is making an in-contribution of text message services to promote voter education.

Development of the web and text apps is crowd-sourced. As chief evangelist for the Cost of Freedom Project, Anderson is recruiting researchers and designers on Facebook, Twitter and Idealist. Indeed, the project is powered by We the People and social media.

For information on how you can get involved in this citizen-led initiative, please visit us at Facebook.com/CostofFreedom.

Cross post from article in Social Media Week by Faye Anderson.

Saturday, February 18, 2012

Votes On The Line With Voter Photo ID

A year after the 2008 presidential election, calls for new voter identification laws were heard in many states. Led by a group called the American Legislative Exchange Council, proponents claim that such a law is needed because there is “rampant voter fraud.”

American Legislative Exchange Council (ALEC) is a heavily conservative nonprofit organization funded by billionaires such as the Scaife family (Allegheny Foundation and the Scaife Family Foundation), the Coors family (Castle Rock Foundation), Charles Koch (Charles G. Koch Charitable Foundation and the Claude R. Lambe Charitable Foundation), the Bradley family (The Lynde and Harry Bradley Foundation) and the Olin family (John M. Olin Foundation) and corporations such as Altria, AT&T, GlaxoSmithKline, Johnson & Johnson, Koch Industries, Kraft, PhRMA, Wal-Mart, Peabody Energy, and State Farm. Such corporations represent just a fraction of ALEC’s approximately three hundred corporate partners. ALEC writes legislative bills that Republican governors and legislators introduce as their own in state legislatures.

ALEC’s public safety and elections task force drafted the Voter ID Act in the summer of 2009, which would require “proof of identity” to vote. Those without a valid photo ID must fill out a provisional ballot that is only counted if the voter produces an ID at the county elections office. It also suggests that ID cards be made available free of charge to eligible voters without a valid driver’s license.

PBS: Millions of voting age citizens don't have a U.S. Passport or photo ID issued by a department of motor vehicles office in any of the 50 states. The hurdles to vote by first obtaining a photo ID issued by state's department of motor vehicles can be daunting and costly for those who do not otherwise need or have a state DMV issued photo ID.



Watch Voter ID on PBS. See more from Religion & Ethics NewsWeekly.

The new voter photo ID laws being pushed by ALEC in all 50 states arguably represent the most serious efforts to exclude Americans from voting since the Jim Crow wave of anti-black voter suppression laws that Southern states enforced from the 1870s until the 1960s.

The Daily Planet - Minneapolis, MN

ALEC is a Republican-favored organization that is promoting “its right-wing agenda” in all 50 states, says Color of Change.org, a national activist group that has launched a national campaign calling for corporations and others to stop financially supporting the organization. The MSR tried contacting ALEC’s Washington offices for comment, but no one answered the phone and there was not an answering system available to leave messages.

Since 2009, 33 states have introduced some form of photo ID bill, and 14 states have passed laws that now require voters to present a federal- or state-issued photo ID with an expiration date at the polls. Opponents, who include most Democrats as well as local and nationally based organizations that advocate for Blacks and other people of color, say the legislation is “a thinly veiled attempt to depress [voter] turnout.”

“There have been no problems [of voter fraud in Minnesota],” says State Representative Bobby Joe Champion (DFL-Minneapolis), who told the MSR last week that there are more pressing issues that need addressing.

“Public policy and legislation should be about solving a problem or a challenge,” Champion says. The current same-day voter registration “encourages people to come out and vote. If a person doesn’t have something [to verify their address], their neighbor can vouch for them,” says the lawmaker.

State Representative Rena Moran (DFL-St. Paul) says, “We have a system that is working and very inclusive, and also represents that voting is a right. We have a group here trying to take that right [and] make it a privilege.”

The Republican-majority Minnesota Legislature did pass a photo ID bill last year, but it was vetoed by Gov. Mark Dayton. An attempt is now underway in this year’s session to introduce a bill that would amend the state constitution to require all Minnesotans to show either a driver’s license or a state-issued photo ID at the polls.

If successful, this legislation would end same-day voter registration and absentee voting.

This amendment is not publicly driven but politically driven, says State Senator Jeff Hayden (DFL-Minneapolis). “All you need is a simple majority in the Senate and the House to put it on the ballot,” he explains, adding that going this route “sets up a dangerous precedent like they have in other states. It really mucks up the ballot.”

U.S. Representative Keith Ellison (D-Minn.) joined several Minnesotans at the State Capitol on February 6 to speak out against the proposed amendment. He cited statistics from the Minnesota Secretary of State’s office showing that over 700,000 Minnesotans — including seniors, college students, people with disabilities, people of color, and new Americans — would be affected by a new photo ID amendment.

Ellison later told the MSR that because statewide elections in both 2008 and 2010 were decided by, respectively, a few hundred and a few thousand votes, “Photo ID could unfairly tip the scales in future elections.”

Read the full article @ The Daily Planet

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