Brennan Center for Justice at New York University School of Law
Young Elected Officials
2012 National Convening
3 Topics
Brennan Center for Justice at NYU School of Law
1. The “War on Voting”
2. Who is harmed by these laws?
3. Looking ahead
The “War on Voting”
The “War on Voting”
Types of restrictive voting laws
Restrictions on Community-Based Voter Registration
Drives
Cutbacks in Early Voting Opportunitie
s
Proof-of-Citizenship
Requirements
Voter ID Laws
Eliminating Same-Day
Registration
Barriers to Rights
Restoration
Types of restrictive voting laws
Restrictions on Community-Based Voter Registration
Drives
Cutbacks in Early Voting Opportunitie
s
Proof-of-Citizenship
Requirements
Voter ID Laws
Eliminating Same-Day
Registration
Barriers to Rights
Restoration
Types of restrictive voting laws
Restrictions on Community-Based Voter Registration
Drives
Cutbacks in Early Voting
Opportunities
Proof-of-Citizenship
Requirements
Voter ID Laws
Eliminating Same-Day
Registration
Barriers to Rights
Restoration
Types of restrictive voting laws
Restrictions on Community-Based Voter Registration
Drives
Cutbacks in Early Voting Opportunitie
s
Proof-of-Citizenship
Requirements
Voter ID Laws
Eliminating Same-Day
Registration
Barriers to Rights
Restoration
Types of restrictive voting laws
Restrictions on Community-Based Voter Registration
Drives
Cutbacks in Early Voting Opportunitie
s
Proof-of-Citizenship
Requirements
Voter ID Laws
Eliminating Same-Day
Registration
Barriers to Rights
Restoration
Types of restrictive voting laws
Restrictions on Community-Based Voter Registration
Drives
Cutbacks in Early Voting Opportunitie
s
Proof-of-Citizenship
Requirements
Voter ID Laws
Eliminating Same-Day
Registration
Barriers to Rights
Restoration
Types of restrictive voting laws
Restrictions on Community-Based Voter Registration
Drives
Cutbacks in Early Voting Opportunitie
s
Proof-of-Citizenship
Requirements
Voter ID Laws
Eliminating Same-Day
Registration
Barriers to Rights
Restoration
5 million
Types of restrictive voting laws
Voter ID Laws
Boris Yankow / iStockphoto.com
Governmentapproved photo ID
Spotlight: Spotlight: TexasTexas
• Texas driver’s license or personal ID card
• U.S. passport or military ID
• Concealed handgun license
• U.S. citizenship certificate
• Election Identification Certificate (new)
AcceptedAccepted forms of ID: forms of ID:
Spotlight: Spotlight: TexasTexas
• Student ID card from a Texas university
• Out-of-state driver’s license
• Utility bill, credit card bill, or bank statements
• Texas state employee ID card
• Federal employee ID card
• Expired Texas driver’s license
UnacceptableUnacceptable forms of ID: forms of ID:
Who has photo ID?Who has photo ID?
Brennan Center for Justice at NYU School of Law
More than 605,000 Texas voters do not have a state-issued photo
ID.
Who has photo ID?Who has photo ID?
• 11% of eligible voters lack photo ID
• 18% of eligible voters over 65 lack photo ID
• 25% of African American voters lack photo ID
Brennan Center for Justice at NYU School of Law
National PictureNational Picture::
Voter ID bills in 2011
20112011
• Photo ID bills were introduced in 34 states
• Photo ID bills were passed in 8 states
• Prior to 2010, 0 states required photo ID at the polls
Brennan Center for Justice at NYU School of Law
Voter Fraud?
Minnesota Majority Pro-voter-ID advertisement
(2012)
Wisconsin: 2004
Wisconsin: 2004
~ 3 million votes
Wisconsin: 2004
7 illegal votes
Wisconsin: 2004
0.0002%
Types of restrictive voting laws
Documentary Proof-of-
CitizenshipRequirements
Proof-of-Citizenship bills in 2011
Types of restrictive voting laws
Restrictions on Community-
BasedVoter
Registration
Community-Based Voter Registration
Matthew StaverNew York Times
Taylor JonesPalm Beach Post
Community-Based Voter Registration
African-American and Latino voters are
twice as likely to register through drives as
white voters.
Restrictions on Voter Registration: Texas
“Why would we make it any easier? I want ‘em to fight for it. I want ‘em to know what it’s like. I want ‘em to go down there and have to walk across town to go over and vote. . . . I want the people in the State of Florida to want to vote as badly as that person in Africa who is willing to walk 200 miles for that opportunity he’s never had before in his life. This should not be easy.”
Florida Senator Bennett, May 5, 2011
Restrictions on Voter Registration: Florida
Restrictions on Voter Registration: Florida
Restrictions on Voter Registration: Florida
Restrictions on Voter Registration: Florida
Voter registration restrictions in 2011
Types of restrictive voting laws
Cutbacks in Early Voting
Opportunities
Eliminating Sunday voting: Eliminating Sunday voting: Florida 2008Florida 2008
Hispanic voters
35%
25%
15%
5%
African-American voters
% of CVAP
25%
15%
5%
Brennan Center for Justice at New York University School of Law
% of CVAP
% voted Sunday before Election Day
% voted Sunday before Election Day
Early/Absentee voting bills in 2011
Brennan Center for Justice at New York University School of Law
Spencer v. Blackwell (Ohio 2004)
of new voters in majority African American precincts to face challengers
of new voters in majority White precinctsto face challengers
97% 14%
2010 Challenger activity
NM County clerks:Challengers were taught to be aggressiveIL local officials:2012 will probably be worse.
ConfirmedReported
TX local officials:The events of 2010 were unprecedented.”
2012: Efforts spread
600 activists in 45 states seek to replicate True the Vote
2010 efforts
Brennan Center for Justice at New York University School of Law
Food for thought…
Registering [poor people] to vote is like handing out burglary tools to criminals. It is profoundly antisocial and un-American to empower the nonproductive segments of the population to destroy the country — which is precisely why Barack Obama zealously supports registering welfare recipients to vote.
--Columnist Matthew Vadum
• 2012 legislative sessions ongoing(e.g., battles still alive in OH, MI,
NH)
• Election official actions (e.g., ME, CO, NC)
• Ballot initiatives (e.g., MN)
• Attacks on Voting Rights Act (e.g., FL, TX)
The battle isn’t over: Ongoing threats
Brennan Center for Justice at New York University School of Law
Victories and opportunities
• Citizen’s initiatives (e.g., ME)
• Prevent preclearance under Voting Rights Act (e.g., FL, SC, TX)
• Other Lawsuits (e.g., CO, NY)
• Public education and mobilization
• Voter friendly reformBrennan Center for Justice at New York University School of Law
Brennan Center for Justice at New York University School of Law
Web: www.brennancenter.org
Twitter: @BrennanCenter