From the May 24 edition of Premiere Radio Networks' The Rush Limbaugh Show:
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Fox News contributor and National Review columnist John Fund fabricated a link between voter suppression and IRS employees inappropriately singling out tea party and conservative groups' applications for tax-exempt status, claiming that such scrutiny by the IRS is the "real" form of voter suppression.
Fund still claims that voter suppression as commonly understood - attempts to prevent certain members of the public from voting - did not take place during the 2012 elections, despite widespread reports of such efforts fueled by restrictive voter ID laws.
On the May 21 edition of Lou Dobbs Tonight, Fund stated that "there was a lot of ridiculous charges about voter suppression in the last election even though black turnout was higher than white turnout." Fund again denied the existence of voter suppression in a May 23 editorial in the National Review Online, stating that allegations of voter suppression"proved to be twaddle."
In fact, research shows that there were widespread attempts to suppress the vote in the 2012 elections. Supporters of voter ID laws, the most common voter suppression measures, claimed that they would combat "voter fraud." However, such fraud is virtually non-existent.
Acknowledging that concern for voter fraud is a pretext, some state officials admitted that voting restrictions were enacted to influence the outcome of the election. For example, Florida officials acknowledged that efforts to curb access to early voting were intended to decrease Democratic votes:
Wayne Bertsch, who handles local and legislative races for Republicans, said he knew targeting Democrats was the goal.
"In the races I was involved in in 2008, when we started seeing the increase of turnout and the turnout operations that the Democrats were doing in early voting, it certainly sent a chill down our spines. And in 2008, it didn't have the impact that we were afraid of. It got close, but it wasn't the impact that they had this election cycle," Bertsch said, referring to the fact that Democrats picked up seven legislative seats in Florida in 2012 despite the early voting limitations.
Another GOP consultant, who did not want to be named, also confirmed that influential consultants to the Republican Party of Florida were intent on beating back Democratic turnout in early voting after 2008.
In 2008 Democrats, especially African-Americans, turned out in unprecedented numbers for President Barack Obama, many of them casting ballots during 14 early voting days. In Palm Beach County, 61.2 percent of all early voting ballots were cast by Democrats that year, compared with 18.7 percent by Republicans.
Right-wing media fabricated a conspiracy that "pro-Obama groups" will be able to steer health care reform insurance applicants to register to vote as Democrats, ignoring a 1993 law that requires programs offering public assistance to include questions about voter registration.
Right-wing media outlets like The Washington Examiner, the Daily Caller and The Washington Times reported that a draft application for health insurance through the health care reform law twice asked if an applicant wished to register to vote. They claimed that organizations who may register Americans for health insurance through health care reform may steer applicants "to register with the Democratic Party."
On Fox & Friends, co-host Gretchen Carlson similarly fearmongered over "the bigger concern" for health care reform insurance applicants that "pro-Obama groups...would steer them to register as Democrats":
In fact, such voter registration questions on the draft application are required under law. A portion of the National Voter Registration Act of 1993, otherwise known as the "Motor Voter Act," requires that programs that offer public assistance benefits, like the Medicaid benefits and tax credits contained in the draft health care reform insurance application, must offer voter registration:
Section 7 of the Act requires states to offer voter registration opportunities at all offices that provide public assistance and all offices that provide state-funded programs primarily engaged in providing services to persons with disabilities. Each applicant for any of these services, renewal of services, or address changes must be provided with a voter registration form of a declination form as well as assistance in completing the form and forwarding the completed application to the appropriate state or local election official.
President Obama has nominated Thomas E. Perez as Secretary of Labor. Right-wing media used this announcement to push false attacks about Perez based on his service in the Justice Department's Civil Rights Division and other civil rights work and advocacy.
Since the summer of 2010, the right-wing media has been obsessively promoting the absurd non-scandal involving the New Black Panther Party, in which the Obama Justice Department was alleged to have dropped voter intimidation charges against the fringe group owing to racial and political solidarity. One of the primary movers of this farce has been Jennifer Rubin, who authored one of the first reports on the story for The Weekly Standard and continued to write at length about DOJ's alleged perfidy at her Washington Post blog.
This month, the Justice Department's inspector general released the results of their investigation into the New Black Panthers affair and confirmed what everyone already knew to be true: the allegations against DOJ were bunk. Rubin is excitedly waving this report around, claiming it reflects poorly on President Obama's reported Labor Secretary nominee, and determinedly ignoring the parts that show pretty much every word she wrote about the New Black Panther story was rooted in falsehood.
Since the DOJ's Office of the Inspector General (OIG) released its report, Rubin has written two Washington Post blog posts touting its findings to attack Perez. In a March 12 post, she wrote: "I won't revisit all the behavior of the Obama Justice Department but a nearly-300 page report has been released by the administration's own inspector general. The IG went out of the way to be even-handed, even when there was substantial evidence of politicization." The next day, she briefly referenced the OIG report's findings on the New Black Panther case, writing:
The IG declined to find a racial or political motive for dismissing the New Black Panther case but found actions surrounding that action "risked undermining confidence in the non-ideological enforcement of the voting rights laws." In other words, it sure looked partisan.
Rubin's twisted construction of the IG "declin[ing] to find a racial or political motive" is fairly comical, given how invested Rubin was in the existence of those motives. Again, she was one of the main drivers of this story. She wrote a lengthy Weekly Standard article in June 2010 (before J. Christian Adams resigned from DOJ claiming racially charged "corruption" in the case, which blew up the story) alleging that the "Obama Justice Department went to bat for the New Black Panther party -- and then covered it up." As the story slowly fell to pieces, Rubin held firm, insisting the critics were wrong. "The issue is whether a meritorious claim of voter intimidation was dismissed under pressure from left-leaning civil rights groups," she wrote in January 2011, "and whether there is reason to believe there is a sentiment against a color-blind application of civil rights laws."
Wall Street Journal columnist Peggy Noonan attempted to join other right-wing media in attacking a New Republic article on Republican nullification efforts, but failed to address the article's main points in her rebuttal.
Noonan skips over the substance of the article to instead misrepresent the controversy around photo voter IDs and ignores the fact that rejections of federal authority through an appeal to "states' rights" are now commonplace in the Republican Party. This increase in attempts at nullification extend from unconstitutional state laws to filibusters of President Obama's nominees.
The article Noonan criticizes, "Why The GOP Is And Will Continue To Be The Party Of White People" by Sam Tanenhaus, argues that the Republican Party has built itself on the myth that states can lawfully resist federal laws with which they disagree. Rather than engage the theory - a concept that originated with John Calhoun's resistance to anti-slavery efforts - Noonan dismisses the argument because she never hears this 19th-century originator of nullification mentioned by name in conservative circles.
Instead, Noonan completely mischaracterizes the recent Republican push for government-issued photo voter ID, which is one of Tanenhaus' examples of the GOP's embrace of nullification. Contrary to Noonan's description, which explains that "vote rigging is part of our history" and "vote fraud happens," these laws are redundant and unnecessary layers of additional identification for a problem of in-person voter impersonation that is virtually non-existent.
Rush Limbaugh recently bragged that conservative Justice Antonin Scalia should be "honored to be compared" to the radio host for disparaging the Voting Rights Act as a "perpetuation of racial entitlement" during the Shelby County v. Holder oral arguments. Other conservative justices also repeated right-wing media talking points as they considered the fate of this historic civil rights law.
Section 5 of the Voting Rights Act requires jurisdictions with a history of racially-based voter suppression to "pre-clear" election changes with federal officials or judges. By dismissing as a "perpetuation of racial entitlement" the fact that a bipartisan majority in Congress voted to reauthorize the law in 2006 - after reviewing thousands of pages of evidence that race-based threats to voting rights still exists in the covered jurisdictions - Scalia adopts the arguments of right-wing media.
From the March 4 edition of Premiere Radio Networks' The Rush Limbaugh Show:
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The Wall Street Journal ran an editorial praising the right-wing effort to gut the Voting Rights Act in Shelby County v. Holder and focused on the claim of Chief Justice John Roberts that Mississippi has the best African-American voter participation in the country. But the editors' claim that such turnout is evidence that Section 5 of the Voting Rights Act is no longer necessary is directly refuted by Mississippi itself.
Section 5 of the Voting Rights Act requires certain jurisdictions with a past and present history of voter suppression on the basis of race or language to submit election changes for federal review before enactment. Although the historic law overall prohibits racial discrimination in election practices across the country, Section 5's power to stop proposed voter suppression before it goes into effect originally focused on the worst offenders, since updated to reflect recent evidence of disenfranchisement. As a member of the Old Confederacy with a sordid Jim Crow history, Mississippi is one of those bad actors.
Nevertheless, ignoring the fact that jurisdictions can choose to "bail-out" of Section 5 if they prove they no longer discriminate against voters of color, the WSJ editors held up Mississippi as a bizarre example of how the best way to "honor American racial progress" is to strike down the heart of the Voting Rights Act:
Is the American South--and for that matter the South Bronx--still so uniquely racist that it requires special supervision by the federal government over its election laws? That's the nub of the Supreme Court case that, judging by Wednesday's oral argument, could be another watershed in the American march toward racial equality.
[W]hy should Mississippi be treated differently than Massachusetts if its practices show better racial outcomes? Chief Justice John Roberts made this point forcefully Wednesday when he asked Solicitor General Donald Verrilli: "Do you know which state has the worst ratio of white voter turnout to African American voter turnout?"
Mr. Verrilli: "I do not."
Chief Justice Roberts: "Massachusetts. Do you know what has the best, where African American turnout actually exceeds white turnout? Mississippi."
A Wall Street Journal editorial claimed that there is no longer a need for Section 5 of the Voting Rights Act, which requires that states and jurisdictions with a history of discriminating against minority voters obtain preclearance from the federal government before changing their voting laws. But evidence shows that Section 5 has successfully prevented discriminatory voting law changes in those jurisdictions.
Fox News host Megyn Kelly began the network's substantive coverage of oral arguments in Shelby County v. Holder, the current Voting Rights Act case before the Supreme Court, by incorrectly reporting the reach of the Voting Rights Act as limited to select states, while also appearing entirely unaware that this historic law has prevented voter suppression against limited-English proficient speakers since 1975.
On the February 27 edition of America Live, Kelly hosted a segment on the constitutional challenge to Section 5 of the Voting Rights Act, the provision that requires certain jurisdictions with histories of racial discrimination to federally "pre-clear" election changes prior to enactment, reminding viewers it's the "biggest civil rights case in decades." However, both Kelly and Fox News reporter Shannon Bream neglected to inform viewers that the constitutional challenge is only to the "pre-clearance" provision and repeatedly reported the Voting Rights Act as limited to those Section 5-covered jurisdictions. Fox also ran a map of those states covered by Section 5 (mistakenly labeled as "Covered By Voting Act Entirely") and Kelly asked "Alaska? Is that right?"
Conservative media's Charlotte Allen recently wrote an extensive cover piece for The Weekly Standard that relies on discredited right-wing activists Hans von Spakovsky and J. Christian Adams to attack the Department of Justice's renewed focus on properly enforcing the Voting Rights Act. But while conservative media typically advances these sources and their debunked myths, it is disturbing that mainstream coverage of the Supreme Court case of Shelby County v. Holder is relying on von Spakovsky and not disclosing his highly unreliable background.
Allen, responsible for a piece dubbed "The Stupidest Thing Anyone Has Written About Sandy Hook" by lamenting in National Review Online that no men or "huskier 12-year-old boys" were available to protect the "feminized" victims of the Newtown massacre, takes on the "politiciz[ed]" DOJ under President Obama in her story for the The Weekly Standard. In the article, Allen manages to repeat most of von Spakovsky's and Adams' stale misinformation of years past, ranging from the non-scandalous New Black Panther fiasco and non-existent Fast and Furious conspiracy, to DOJ's "belligerent stances" on enforcement of the Voting Rights Act. Allen also successfully writes over 6,500 words on the alleged "politicizing" of DOJ without divulging von Spakovsky and Adams were poster children for such conduct when they worked for the DOJ under George W. Bush, disparages U.S. Attorney General Eric Holder because his "people" are not black enough to claim civil rights history, and finally undermines her main thesis by admitting that - under any presidency - DOJ follows the policy preferences of the White House.
Ultimately, however, that Allen uses the collected works of von Spakovsky and Adams is unsurprising. What is troublesome is that mainstream outlets are also publishing the opinions of von Spakovsky and Adams as the "conservative" perspectives on Shelby without disclosing their extremist background.
From the February 21 edition of Premiere Radio Networks' The Rush Limbaugh Show:
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After glossing over state Republicans' role in exacerbating long lines at the ballot box, three Fox hosts mocked the hours-long wait and multiple trips a 102-year-old woman endured in order to cast her vote in 2012.
On Fox News Radio's Kilmeade & Friends, host Brian Kilmeade and Fox's Martha MacCallum and Bill Hemmer laughed off the difficulties 102-year-old Desiline Victor endured in order to vote in the 2012 election. Victor, who was invited to the State of the Union address and whom President Obama applauded for enduring a long wait to vote, had to make two trips to the polls and wait in line for over three hours before she was able to cast her ballot. Discussing Victor, MacCallum wondered, "What's the big deal?" and said, "This is such a non-issue. Ridiculous." Hemmer added that at the State of the Union, "They held her up as a victim. What was she a victim of?"
But long lines at polling places are widely acknowledged as a major issue nationwide. In Victor's home state of Florida alone, at least 201,000 eligible voters reportedly did not cast ballots because they were discouraged by lengthy wait times.
Earlier, on MacCallum and Hemmer's show America's Newsroom, Fox correspondent Eric Shawn reported on proposals to extend early voting to ease the problem of long lines at the polls. Shawn noted that Florida had the longest polling place lines in 2012, and then played a clip of Florida Secretary of State Ken Detzner addressing Florida's issues, stating that Detzner is "working on ways to fix the problems," including an extension of the state's early voting period in order to shorten voters' wait.
Shawn failed to reveal, however, that Detzner played a role in exacerbating this problem in Florida.
Before and after every major election, John Fund can be found on Fox News and elsewhere in the conservative media hyping allegations of voter fraud that he insists are tainting our democracy and require legislative remedy, usually in the form of strict voter ID laws. And, sure enough, he's taken to National Review Online to wave around a Hamilton County, Ohio, investigation into 19 cases of possible voter fraud in the 2012 election. Unfortunately for Fund, those 19 cases represent a minuscule percentage of the hundreds of thousands of votes cast, and just two of the cases involve voters casting more than one in-person ballot, a type of fraud that strict voter ID laws are supposed to prevent.
Critics of voter ID and other laws cracking down on voter fraud claim they're unnecessary because fraud is nonexistent. For instance, Brennan Center attorneys Michael Waldman and Justin Levitt claimed last year: "A person casting two votes risks jail time and a fine for minimal gain. Proven voter fraud, statistically, happens about as often as death by lightning strike."
Well, lightning is suddenly all over Cincinnati, Ohio. The Hamilton County Board of Elections is investigating 19 possible cases of alleged voter fraud that occurred when Ohio was a focal point of the 2012 presidential election. A total of 19 voters and nine witnesses are part of the probe.
Note that Fund's example of someone arguing that voter fraud is "nonexistent" is Waldman and Levitt arguing that it's exceedingly rare, which is obviously not the same as "nonexistent." So already he's refuting an argument no one is making.
But what about the Hamilton County investigation that has Fund so excited? A whole 19 cases of possible voter fraud! Fund doesn't bother to mention that there were 421,997 ballots cast in Hamilton County in 2012*. So even if every single one of those 19 cases involved the fraudulent casting of a ballot, they would represent just 0.0045 percent of the total. That's pretty rare -- which is exactly the point Waldman and Levitt made.