Voters' Rights
IMPORTANT INFORMATION:
Shelby County v. Holder, 570 U.S. ___ (2013), is a landmark[1] United States Supreme Court case regarding the constitutionality of two provisions of the Voting Rights Act of 1965: Section 5, which requires certain states and local governments to obtain federal preclearance before implementing any changes to their voting laws or practices; and Section 4(b), which contains the coverage formula that determines which jurisdictions are subjected to pre-clearance based on their histories of discrimination in voting.[2][3]
On June 25, 2013, the Court ruled by a 5-to-4 vote that Section 4(b) is unconstitutional because the coverage formula is based on data over 40 years old, making it no longer responsive to current needs and therefore an impermissible burden on the constitutional principles of federalism and equal sovereignty of the states.[2][3] The Court did not strike down Section 5, but without Section 4(b), no jurisdiction will be subject to Section 5 pre-clearance unless Congress enacts a new coverage formula.[4]
Five years after the ruling, nearly a thousand polling places had been closed in the country, with many of the closed polling places in predominantly African-American counties. Research shows that the changing of voter locations and reduction in voting locations can reduce voter turnout.[5]
On June 25, 2013, the Court ruled by a 5-to-4 vote that Section 4(b) is unconstitutional because the coverage formula is based on data over 40 years old, making it no longer responsive to current needs and therefore an impermissible burden on the constitutional principles of federalism and equal sovereignty of the states.[2][3] The Court did not strike down Section 5, but without Section 4(b), no jurisdiction will be subject to Section 5 pre-clearance unless Congress enacts a new coverage formula.[4]
Five years after the ruling, nearly a thousand polling places had been closed in the country, with many of the closed polling places in predominantly African-American counties. Research shows that the changing of voter locations and reduction in voting locations can reduce voter turnout.[5]
Section 5 of the 1965 Voting Rights Act required that lawmakers in states with a history of discriminating against minority voters get federal permission before changing voting rules. Now that the Supreme Court has invalidated this requirement, states that were previously covered in some part by Section 5 moved quickly after it was invalidated.
Within two hours of the Shelby decision, Republican Texas Attorney General Greg Abbott announced that the state’s voter identification law—which had previously been blocked by a federal court—would be immediately implemented. Galveston County eliminated virtually all of the black- and Latino-held constable and justice positions in the county, a move that was previously blocked under Section 5.
Alabama Attorney General Luther Strange, another Republican, also immediately instated his state’s voter ID law.
About one month after the Shelby decision, Republicans in North Carolina pushed through a package of extreme voting restrictions, including ending same-day registration, shortening early voting by a week, requiring photo ID, and ending a program that encourages high schoolers to sign up to vote when they turn 18.
In October, Virginia purged more than 38,000 names from the voter rolls.
Mississippi’s Republican secretary of state, Delbert Hosemann, told the Associated Press in November that the state was going to start implementing its voter ID law by the June 2014 elections. (This proposal was undergoing Justice Department review when the Shelby decision came down.)
In January, Republican Gov. Rick Scott attempted again (unsuccessfully) to purge noncitizens from Florida’s voting rolls, a move he had tried previously in 2012, before being blocked by Section 5. Jacksonville, Florida, allegedly moved a voting center that had one of the highest African American voter turnouts in the state to a new site that’s not near public transportation.
And thanks to the Supreme Court ruling, South Carolina was able to implement a stricter photo identification requirement.
Within two hours of the Shelby decision, Republican Texas Attorney General Greg Abbott announced that the state’s voter identification law—which had previously been blocked by a federal court—would be immediately implemented. Galveston County eliminated virtually all of the black- and Latino-held constable and justice positions in the county, a move that was previously blocked under Section 5.
Alabama Attorney General Luther Strange, another Republican, also immediately instated his state’s voter ID law.
About one month after the Shelby decision, Republicans in North Carolina pushed through a package of extreme voting restrictions, including ending same-day registration, shortening early voting by a week, requiring photo ID, and ending a program that encourages high schoolers to sign up to vote when they turn 18.
In October, Virginia purged more than 38,000 names from the voter rolls.
Mississippi’s Republican secretary of state, Delbert Hosemann, told the Associated Press in November that the state was going to start implementing its voter ID law by the June 2014 elections. (This proposal was undergoing Justice Department review when the Shelby decision came down.)
In January, Republican Gov. Rick Scott attempted again (unsuccessfully) to purge noncitizens from Florida’s voting rolls, a move he had tried previously in 2012, before being blocked by Section 5. Jacksonville, Florida, allegedly moved a voting center that had one of the highest African American voter turnouts in the state to a new site that’s not near public transportation.
And thanks to the Supreme Court ruling, South Carolina was able to implement a stricter photo identification requirement.
We agree with the 2014 Vermont Progressive Party Platform:
"Prohibit the use of any proprietary-code or paper-trail-less voting machines and insure all elections are transparently audited to ensure accurate results."
We agree with the 2016 Republican Party Platform:
"Honest elections are the foundation of representative government. We pledge to protect the voting rights of every citizen, as well as their rights of conscience when they are harassed or denied a job because of their contributions to a candidate or a cause. We support state efforts to ensure ballot access for the elderly, the handicapped, military personnel, and all legitimate voters. We urge state and local officials to take all appropriate steps to allow voters to cast their ballots in a timely manner. We are concerned, however, that some voting procedures may be open to abuse."
"In addition, to guarantee that everyone’s vote is counted, we urge that electronic voting systems have a voter-verified paper audit trail."
We agree with the 2016 Constitution Party Platform:
"Each citizen should have the right to seek public office in accordance with the qualifications set forth in federal and state constitutions. Additional restrictions and obligations governing candidate eligibility and campaign procedures burden unconstitutionally the fairness and accountability of our political system."
"To encourage free and fair elections, all candidates must be treated equally. We call for an end to designated "Major Party" status that gives an unfair advantage to some candidates by providing ballot access and taxpayer dollars, while requiring others for the same office to gather petition signatures or meet other more stringent criteria."
We agree with the 2016 Democrat Party Platform:
"Our vision ... is a nation in which all people, regardless of their income, can participate in the political process and can run for office without needing to depend on large contributions from the wealthy and the powerful. [We deserve] a government that represents the American people, not just a handful of powerful and wealthy special interests."
"We are stronger when we protect citizens’ right to vote, while stopping corporations’ outsized influence in elections. We will fight to end the broken campaign finance system, overturn the disastrous Citizens United decision, restore the full power of the Voting Rights Act, and return control of our elections to the American people."
We agree with the 2016 Libertarian Party Platform:
"We oppose laws that effectively exclude alternative candidates and parties, deny ballot access, gerrymander districts, or deny the voters their right to consider all legitimate alternatives. We advocate initiative, referendum, recall and repeal when used as popular checks on government."
We agree with the Justice Democrats:
"Since 2013, with the U.S. Supreme Court’s disastrous Shelby County v. Holder decision, states across the country have been actively working to reverse the hard-fought protections for voting rights secured during the Civil Rights Movement. Fair and equal access to the ballot is essential to our ability to uphold and protect our nation’s democracy. We believe every American citizen is entitled to vote, and we will work to secure voting rights, challenge ultra-partisan gerrymandering, and put an end to affronts to our democratic representation."
We agree with the 2016 Green Party Platform:
"Develop publicly-owned, open source voting equipment and deploy it across the nation to ensure high national standards, performance, transparency and accountability; use verifiable paper ballots; and institute mandatory automatic random precinct recounts to ensure a high level of accuracy in election results."
"Develop publicly-owned, open source voting equipment and deploy it across the nation to ensure high national standards, performance, transparency and accountability; use verifiable paper ballots; and institute mandatory automatic random precinct recounts to ensure a high level of accuracy in election results."
"Establish guarantees that every citizen’s vote counts, and that all U.S. voting systems — including electronic ones — are verifiable, transparent and accurate."
"Establish a National Elections Commission with the mandate to establish minimum national election standards and uniformity, partner with state and local election officials to ensure pre-election and post-election accountability for their election plans, require nonpartisan election boards, and depoliticize and professionalize election administration across the United States."
"Establish independent and transparent non-partisan redistricting processes to stop partisan gerrymandering and protect minority rights and representation."
"Ensure free and equal airtime for all ballot-qualified political candidates and parties on radio and television networks and stations."
We agree with many aspects of the Green New Deal:
"Enact the Voter Bill of Rights that will:
"Enact the Voter Bill of Rights that will:
- Guarantee us a voter-marked paper ballot for all voting;
- Require that all votes are counted before election results are released;
- Replace partisan oversight of elections with non-partisan election commissions;
- Celebrate our democratic aspirations by making Election Day a national holiday;
- Bring simplified, safe same-day voter registration to the nation so that no qualified voter is barred from the polls;
- Replace big money control of election campaigns with full public financing and free and equal access to the airwaves;
- Guarantee equal access to the ballot and to the debates to all qualified candidates"
We agree with the For a People's Party Platform:
"Enact automatic voter registration and open primaries. Make election day a national holiday and allow early voting by mail. Abolish gerrymandering and use independent commissions to draw districts to favor competitiveness.
Lower ballot access requirements for independent candidates and parties and equalize the requirements for all parties. Switch from our patchwork of state and local election and ballot access rules to national standards that promote access, fairness and competitiveness.
Restore integrity and trust in our democracy by switching to hand-counted paper ballots with routine post-election audits. Mandate the retention of paper ballots and scanned ballot images. Require that all election hardware and software be open source and secure. Hold election officials and processes accountable.
Ensure that all precincts are equipped with ample polling stations to handle capacity without long lines. End voter ID provisions, often used to suppress the vote in communities of color. Halt voter roll purges and interstate cross-check programs, which exist to combat the statistically non-existent issue of voter fraud and end up disenfranchising thousands of honest voters.
Implement a systematic exit polling system to monitor the vote according to U.N. guidelines.
Create incentives to vote for poor and working people to help restore confidence and broaden democratic participation, such as a $20 tax rebate for voting, which will have much greater significance to the poor than it will to the rich."
"Presidential debates are presently hosted by a private corporation owned by the Democrats and Republicans. The establishment parties work together to block independent and third party candidates from the debate stage and prevent Americans from learning about political alternatives. Return the management of presidential debates to a nonpartisan independent commission and invite all candidates that get on enough state ballots to be able to win the presidency. Restore the fairness doctrine and equal time rule in media coverage of politics. Elections should be contests of ideas, not dollars."
"Put an end to discriminatory laws and the purging of minority-community names from voting rolls by restoring the Voting Rights Act."
We agree with the Tea Party Patriots:
"Exercising your right to vote and be heard is a fundamental principle upon which the United States was founded. Voter laws should not keep us from wondering if the outcome of an election was truly the will of the people, or, if the outcome was fraudulent and wrong."
We agree with Brand New Congress:
"The right to vote must be protected for ALL Americans. Complete and unrestricted ballot access is essential to a functioning democracy. Throughout history, marginalized communities have had to fight hard for their right to participate in our electoral process in the face of extreme opposition and bigotry. But rather than protect their right to vote, establishment politicians have watched as state legislatures and administrations, enabled by the disastrous 5-4 Shelby County v. Holder Supreme Court decision, have restricted ballot access for partisan gain. It is more important now than ever to honor the Civil Rights Movement by expanding access to fair elections and improving our electoral system to guarantee that every vote counts equally."
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