National Review Online misrepresented a recent court decision that could allow an unneccessarily restrictive voter identification law to be implemented in Wisconsin only weeks before the November election.
On September 12, the Seventh Circuit Court of Appeals lifted an injunction that a district court judge had previously granted to prevent Wisconsin's strict voter ID law from going into effect due to concerns that its disproportionate effect on communities of color violated the Voting Rights Act. After the three judge panel of the Seventh Circuit issued its order, Wisconsin officials announced that they would move forward with implementing the law despite the fact that election officials are not trained in the new photo ID requirements and absentee ballots have already been turned in. This last minute voting change has the potential to keep hundreds of thousands of Wisconsin voters who lack photo ID from participating in the November election.
Right-wing media quickly downplayed the significance the law might have on the election. On the September 17 edition of Special Report with Bret Baier, Fox News correspondent Mike Tobin managed to point out that the law could affect the outcome of the gubernatorial race in Wisconsin, which shows Republican Gov. Scott Walker in a near-tie with his Democratic opponent Mary Burke. But Tobin minimized the impact of the ID law by erroneously suggesting that "there is only a handful of voters who won't get IDs by election day."
NRO contributor Hans von Spakovsky, a tireless advocate for voter ID laws that suppress the vote of women, minorities, and the poor, also applauded the Seventh Circuit's order, calling it a "stunning blow" for opponents of voter ID. Von Spakovsky overlooked key facts in the case to ultimately conclude there was "no justification for striking down" Wisconsin's law in the first place:
As I explained in an NRO article in May, the district court judge, Lynn Adelman, a Clinton appointee and former Democratic state senator, had issued an injunction claiming the Wisconsin ID law violated the Voting Rights Act as well as the Fourteenth Amendment. Adelman made the startling claim in his opinion that the U.S. Supreme Court's decision in 2008 upholding Indiana's voter-ID law as constitutional was "not binding precedent," so Adelman could essentially ignore it.
However, that was too much for the Seventh Circuit. It pointed out, in what most lawyers would consider a rebuke, that Adelman had held Wisconsin's law invalid "even though it is materially identical to Indiana's photo ID statute, which the Supreme Court held valid in Crawford v. Marion County Election Board."
It was also obviously significant to the Seventh Circuit that the Wisconsin state supreme court had upheld the state's voter-ID law in July ... In fact, the appeals court said the state court decision had changed the "balance of equities and thus the propriety of federal injunctive relief."
In other words, there was no justification for striking down a state voter-ID law that was identical to one that had been previously upheld by both the Supreme Court of the United States and that state's highest court.
Fox News acknowledged that a voter ID law may prevent people from casting votes while discussing the upcoming gubernatorial elections in Wisconsin -- despite the network's sustained campaign to deny the negative repercussions these laws have on voting.
On September 12, the Seventh Circuit Court of Appeals dissolved an injunction blocking the state of Wisconsin from implementing voter ID laws that required voters to show photo identification in order to cast their votes. According to Reuters, these new rules are set to go into effect in time for the November general elections.
During the September 17 edition of Special Report with Bret Baier, Fox correspondent Mike Tobin reported on the upcoming gubernatorial election between Governor Scott Walker (R) and Democratic challenger Mary Burke. During a discussion of polling numbers placing the two candidates at a statistical tie, Tobin acknowledged that the implementation of the state's new voter ID laws could potentially impact the election. Claiming that "there is only a handful of voters who won't get IDs by election day," he went on to say that "even a handful can tip the scales" in this election:
Although Tobin was correct in claiming that voter ID laws could have a significant impact on the election, his assertion that "only a handful of voters" won't be able to obtain identification downplays the possibility that hundreds of thousands of voters may be disenfranchised by the law's implementation.
Despite multiple reports showing that the type of voter fraud IDs protect against is virtually nonexistent, Fox News has repeatedly advocated for these laws, even though they have been shown to disenfranchise eligible voters.
Voter ID laws have real consequences on elections. As the Brennan Center for Justice reported in a 2013 study, "free IDs are not equally accessible to all voters," and voter ID laws "make it harder for hundreds of thousands of poor Americans to vote."
The New York Times did not follow the advice of its public editor, who has argued the paper should report that the type of voter fraud that strict voter ID laws are supposed to prevent is virtually nonexistent. In the two-year period between her current and past request that the paper add "the truth" to "he said, she said" coverage on voter ID and voter fraud, the Times reported the evidence on in-person voter impersonation in only 15 of 28 articles.
National Review Online is repeating the claims of conservative groups who compared voter registrations in Maryland and Virginia and flagged potential instances of "double voting" -- voters with the same name and birthdate who may have voted in both states. This method of election integrity has been discredited due to its high rate of false positives and significant risk of voter disenfranchisement.
From the September 2 edition of Fox News' The O'Reilly Factor:
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Right-wing media are parroting local Republican officials and criticizing voter registration drives in Ferguson, Missouri, the site of intense protests after the death of unarmed teenager Michael Brown. Voting rights advocates argue that registering the electorate is crucial for the community to hold their government accountable, but right-wing media condemn these efforts as "liberal activism."
Myths about voter ID are reemerging in the wake of a federal judge's ruling against the government in North Carolina, a voting rights case right-wing media characterized as a "huge loss" for the Obama Administration, despite the fact that the decision is preliminary and the government has prevailed in similar cases in other states.
In 2013, the Supreme Court struck down Section 5 of the Voting Rights Act in Shelby County v. Holder, a provision that required states with a history of suppressing the minority vote to pre-clear changes to their election laws with the Department of Justice or a federal court. Almost immediately after the decision in Shelby County, states that had been subject to the preclearance requirement, like North Carolina, began passing and implementing strict voter ID laws, an expensive fix to a problem that is essentially non-existent. Nevertheless, unnecessarily restrictive and redundant voter ID laws have become a favorite policy proposal for conservatives and right-wing media.
A recent order denying DOJ's request for a preliminary injunction against North Carolina's new voter ID requirements -- part of the "country's worst voter suppression law" -- has now given right-wing media a fresh opportunity to dredge up old misinformation about the legal struggle over these measures. Frequent National Review Online contributor Hans von Spakovsky, a vocal proponent for oppressive voter ID laws and questionable election procedures, called it "a huge loss" for Attorney General Eric Holder and the DOJ, and claimed that the judge "simply shreds the arguments by the DOJ" in the opinion:
Judicial Watch filed an expert report in the case through an amicus brief that showed that in the May 2014 primary election, black turnout was up an astounding 29.5 percent compared with the last midterm primary election in May 2010. White turnout was up only 13.7 percent. As Judicial Watch said, these results were "devastating to the plaintiffs' cases because they contradict all of their experts' basis for asserting harm."
[T]his is a significant blow to DOJ and other opponents of commonsense election reforms.
That is particularly true when one remembers that this is DOJ's second big loss in the Carolinas. South Carolina attorney general Alan Wilson beat DOJ in 2012 when a federal court threw out a claim that South Carolina's voter-ID law was discriminatory. That law is in place today -- and there is a high probability that North Carolina's voter-ID requirement will also be in place in 2016 for the next presidential election.
A new report has debunked the primary voter fraud argument right-wing media have used for years to promote unnecessarily strict voter identification laws, which alienate eligible voters and often have the effect of suppressing the vote in minority and heavily-Democratic jurisdictions.
These kinds of voter ID laws, which require voters to present certain forms of ID at polling locations when attempting to vote, disproportionately affect people of color and can cost states millions of dollars to implement. But right-wing media have continued to promote them, especially since 2013, when the Supreme Court struck down a key provision of the Voting Rights Act (VRA) that prevented suppression efforts in states with a history of racially-motivated voting laws. As Ezra Klein noted on the August 6 edition of MSNBC's All In, right-wing media have consistently raised the specter of in-person "voter fraud" to justify their support for these redundant and highly restrictive voter ID laws.
But as election law experts repeatedly point out, the specific type of fraud that voter ID can prevent -- voter impersonation -- is extremely uncommon.
National Review Online contributors John Fund and Hans von Spakovksy have been at the forefront of right-wing media's push for burdensome voter ID laws, calling Texas's law "a good thing," despite the fact that voters reported being turned away from the polls. Both Fund and von Spakovsky have advocated for further gutting what's left of the Voting Rights Act, making it nearly impossible for citizens who have been prevented from voting due to needlessly cumbersome election laws to legally challenge these oppressive regulations. Fund has also downplayed how difficult it can be for citizens -- particularly people of color, women, and low-income voters -- to obtain the right kind of identification needed to vote. In response to a Pennsylvania state court case that found the state's voter ID law unconstitutional, Fund called evidence that thousands of voters lacked the proper ID nothing more than an "inflated estimate."
While evidence of widespread voter fraud has yet to surface, right-wing media figures have nevertheless insisted that "there are plenty of instances" of voter fraud and that there is "concrete evidence ... of massive voter fraud." But according to a new study by Loyola University law professor Justin Levitt, the in-person voter fraud that strict voter ID prevents is still nearly non-existent. Levitt's study, which "track[ed] any specific, credible allegation that someone may have pretended to be someone else at the polls, in any way that an ID law could fix" found just 31 instances of this potential voter fraud between 2000 and 2014. According to Levitt, "more than 1 billion ballots were cast in that period."
Election fraud happens. But ID laws are not aimed at the fraud you'll actually hear about. Most current ID laws (Wisconsin is a rare exception) aren't designed to stop fraud with absentee ballots (indeed, laws requiring ID at the polls push more people into the absentee system, where there are plenty of real dangers). Or vote buying. Or coercion. Or fake registration forms. Or voting from the wrong address. Or ballot box stuffing by officials in on the scam. In the 243-page document that Mississippi State Sen. Chris McDaniel filed on Monday with evidence of allegedly illegal votes in the Mississippi Republican primary, there were no allegations of the kind of fraud that ID can stop.
Instead, requirements to show ID at the polls are designed for pretty much one thing: people showing up at the polls pretending to be somebody else in order to each cast one incremental fake ballot. This is a slow, clunky way to steal an election. Which is why it rarely happens.
From the June 25 edition of The Blaze's The Glenn Beck Program:
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Fox News has consistently denied that voter ID laws discriminate against minority groups and disenfranchise legal voters, yet after just one day of implementation, Alabama's voter ID restriction has already discredited these claims.
In 2011, Alabama passed a state law requiring voters to present a photo ID in order to be allowed to cast a ballot, but implementation of the law was delayed due to a Voting Rights Act's (VRA) formula that required jurisdictions with a history of racial discrimination to "preclear" their election rule changes with the Department of Justice. The preclearance rule was gutted in the 2013 Shelby County v. Holder Supreme Court decision, and Alabama's June 4 primary election was the first opportunity for the state's voter ID law to take effect.
Fox News has claimed that DOJ protections are no longer necessary to ensure that voter rights are protected against discriminatory state laws, attacking claims that voter ID laws are discriminatory as a "liberal ruse" to gain minority votes, and panning the idea that such requirements would suppress votes. In June 2013, Fox host and attorney Megyn Kelly hosted National Review Online's Andrew McCarthy to argue that race-based voter suppression "has long ago passed to the dustbin of history," calling anyone who thinks otherwise demagogues and "race hucksters." On May 21, Fox & Friends co-host Steve Doocy claimed that no Republican "wants to take away the right to vote."
These claims were put to the test this week, as Alabama's voter ID law went into effect.
According to a report by MSNBC's Zachary Roth, 93-year-old Willie Mims was turned away from the polls because he lacked photo ID and was denied the opportunity to cast a provisional ballot:
Willie Mims, 93, showed up to vote at his polling place in Escambia County Tuesday morning for Alabama's primary elections. Mims, who is Africa-American, no longer drives, doesn't have a license, and has no other form of ID. As a result, he was turned away without voting. Mims wasn't even offered the chance to cast a provisional ballot, as the law requires in that situation.
Jenny McCarren of Empower Alabama, a progressive group that gave Mims a ride to the polls, recounted the story for msnbc. McCarren said Mims's voter file showed he has voted in every election since 2000, as far back as the records go.
How many Alabamans lack ID isn't known - in part because the state made no effort to find out before the ID law. But nationwide, most studies put the figure at around 11%, and as high as 25% for African Americans.
Days earlier, The Washington Post reported that new evidence from a University of Southern California study found that "discriminatory intent underlies legislative support for voter identification laws," which the Post said raises "questions about the constitutionality of voter ID laws." The study examined the reactions of real lawmakers in order to reach its conclusions:
Is bias in responsiveness to constituents conditional on the policy preferences of elected officials? The scholarly conventional wisdom is that constituency groups who do not receive policy representation still obtain some level of responsiveness by legislators outside of the policy realm. In contrast, we present a theory of preference-induced responsiveness bias where constituency responsiveness by legislators is associated with legislator policy preferences. Elected officials who favor laws harming minority groups are also less likely to engage in non-policy responsiveness to minority groups. To test this proposition, we conducted a field experiment in 28 U.S. legislative chambers. Legislators were randomly assigned to receive messages from Latino, Anglo, English-speaking, and Spanish-speaking constituents asking if a driver's license is required for voting. If legislators supported voter identification, Latino constituents were less likely than Anglo constituents to receive communications from legislators. The implication is that discriminatory intent underlies legislative support for voter identification laws.
Both of these findings reinforce facts that Fox has been denying for years. Voter ID laws can disenfranchise voters -- particularly minorities, students, and the elderly.
As the Brennan Center pointed out, "free IDs are not equally accessible to all voters," and laws requiring voters to show ID put a burden on low-income individuals, disproportionately affecting the ability of traditionally Democratic-voting demographics to cast a ballot. According to Brennan Center data, 11 percent of Americans say they do not possess government-issued photo identification, and this number includes "25 percent of African Americans, 16 percent of Hispanics, and 18 percent of persons aged 65 and older."
Republicans have previously admitted that the impetus behind GOP efforts to pass discriminatory voter ID laws and other voting restrictions is a desire to win elections. Listing accomplishments of the GOP-led state legislature in 2012, Pennsylvania House Majority Leader Mike Turzai (R) proclaimed:
TURZAI: Pro-Second Amendment? The Castle Doctrine, it's done. First pro-life legislation - abortion facility regulations - in 22 years, done. Voter ID, which is going to allow Governor Romney to win the state of Pennsylvania, done.
Fox News adoringly highlighted the story of a 92-year-old Texas woman after she started "raising a stink" about her struggle to vote under the state's new draconian voter ID law, treating her story as an isolated case and ignoring thousands of Americans disenfranchised by similar laws.
A stringent new voter ID law enacted June of 2013 in Texas obstructed the ability of 92-year-old resident Ruby Barber to cast a ballot. From the New York Daily News:
Ruby Barber, a senior citizen in the small town of Bellmead, Texas, had been unable to vote because she could not find her nearly century-old birth certificate that she'd need to obtain a voter ID under a new state law.
"I'm sure (my birth) was never reported because I was born in a farmhouse with a coal oil lamp," Barber, 92, told the Waco (Texas) Tribune. "Didn't have a doctor, just a neighbor woman come in and (delivered) me."
The host of Fox News' America's Newsroom, Martha MacCallum and reporter Casey Stegall offered glowing support for Barber and her struggle to vote, praising her plucky persistence to get back her right to vote. But Fox treated Barber's case as an isolated one -- a hiccup in an otherwise necessary policy to combat voter fraud.
The reality is that Barber represents a much larger group of Americans disenfranchised by Texas' new voter ID law where - up to 800,000 Texas voters, according to the League of Women Voters of Texas.
Fox host Steve Doocy couldn't think of one Republican "who wants to take away the right to vote," despite the frenzy of GOP-led states passing voting restriction laws and the acknowledgement of a Republican politician that the efforts are aimed to win elections.
On May 21, Fox & Friends jumped on former DNC chairman Howard Dean for reportedly stating at a campaign event in Colorado that Republicans are "not American" because they "think it's OK to win by taking away the right to vote." To co-host Steve Doocy, Dean's remarks amounted to a "new low," because no Republican "wants to take away the right to vote":
DOOCY: Excuse me, Dr. Howard Dean. Name one Republican who wants to take away the right to vote. There are Republicans who view that, you know, you should be qualified to have the vote. Only those who are registered and legitimately can vote, those are the ones who should vote. But take away the right to vote? I don't know anybody who's up to that standard.
Now that the 2014 midterm elections are just around the corner, right-wing media are dragging out some of their favorite attacks on voting rights, despite the fact that these myths have been thoroughly debunked.
From the April 11 edition of Fox News' The O'Reilly Factor:
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Right-wing media champions of voter purges have been quiet in response to a federal appeals court's decision that Florida officials' attempts to remove noncitizens from voter rolls clearly violated federal law, which protects citizens from these overbroad and error-riden challenges.
Shortly before the 2012 election, Florida Governor Rick Scott (R) and his Secretary of State Kenneth Detzner (R) undertook an effort to purportedly purge the state's voter rolls of noncitizens. The Department of Justice challenged the purge in court, arguing that Florida had violated federal law that prohibits states from booting voters off the rolls within 90 days of a federal election. This law is in place to prevent depriving citizens of the vote because of faulty database checks, performed without enough time to correct the state's errors.
At the time, right-wing media outlets like The Wall Street Journal and National Review Online were overwhelmingly supportive of Governor Scott and his attempts to block people from voting. WSJ's senior editorial writer Jason Riley dismissed the DOJ's challenge, since "[t]he Obama Administration sees racial animus and voter-suppression conspiracies in any Republican-led effort to improve ballot integrity." NRO contributor Hans von Spakovsky also dedicated numerous posts to the issue, calling the DOJ's lawsuit "spurious," and evidence of "politics and ideology driving the legal decision-making" at the agency "as opposed to nonpartisan, objective analysis of the facts and the law."
Von Spakovsky had even more to say on the subject. In a different post about the case in 2012, he complained about the DOJ's "lawlessness" in its attempts to restore the voting rights of affected citizens in Florida:
Time and again, the Holder Justice Department has exhibited politically driven law enforcement. But its latest instance of lawlessness is absolutely brazen.
This goes far beyond Holder's previous actions, such as belittling claims of voter fraud and trying to stop voter ID and other reform measures intended to improve the integrity of the election process. This letter would directly abet vote thieves in a key state as Holder's boss seeks reelection [in 2012].