The Washington Post blithely suggested that Congress should "rewrite" the Voting Rights Act (VRA) rather than allow the Department of Justice to hold states accountable for voter suppression in federal court, seemingly oblivious to the government shutdown caused by the historic obstructionism of the GOP-controlled House of Representatives.
Although the conservative wing of the Supreme Court recently gutted significant protections for the right to vote in last summer's infamous Shelby County v. Holder, judges still have authority under the VRA to enjoin voter suppression after a discriminatory law is enacted. The Department of Justice is suing the states of Texas and North Carolina under these Section 2 powers, and if a court finds that the voter suppression attempted in either of these states was done with the intent to discriminate on the basis of race, Section 3 of the VRA could require these states to once again "pre-clear" their election changes.
In the middle of a Republican-caused government shutdown due to opposition to the Affordable Care Act, however, the Post opined that rather than sue states in court for clear violations of the VRA, it would be "easier and fairer" for Congress to "rewrite" those pre-clearance sections that Shelby County struck down. From the editorial:
EVER SINCE the Supreme Court gutted a key section of the 1965 Voting Rights Act, Attorney General Eric H. Holder's Justice Department has been trying to patch it, using the sections of the law that the court left in place to reconstitute the checks on discrimination that had existed for decades. The Justice Department's latest move, involving a challenge to odious new voting restrictions in North Carolina, demonstrates that Mr. Holder is committed to the effort. It also demonstrates why Congress, not the Obama administration, should be the branch of government offering the primary response to the court's ruling.
With a series of wins in cases such as North Carolina's, the Justice Department could reestablish the pre-clearance requirement in many places where it used to apply. The easier and fairer way to revive pre-clearance, however, would be for Congress to rewrite the formula for which places should be covered. The Supreme Court left lawmakers that latitude, and large bipartisan majorities in Congress historically have supported pre-clearance. If lawmakers want to get back to doing something productive, resuscitating the Voting Rights Act would be a good place to start.
Considering DOJ's obligations under the VRA, the Post's objection to legally holding states accountable for voter suppression would have been unnecessarily deferential to the legislative branch in any context. In the reality of a government shutdown, the Post's call that "[i]f lawmakers want to get back to doing something productive, resuscitating the Voting Rights Act would be a good place to start" is downright bizarre.
The National Review Online simultaneously questioned the legitimacy of the Affordable Care Act (ACA) and overstated the constitutionality of voter ID laws that require citizens to produce unnecessarily redundant photo identification.
In an attempt to normalize Republicans' refusal to accept a duly enacted law already ruled on as constitutional by the Supreme Court - a degree of obstructionism that The New Yorker recently observed was last seen in the wake of Brown v. Board of Education - the NRO recently defended the GOP shutdown of the government by comparing it to the opposition to overly stringent voter ID laws. From an October 3 column:
[H]ow many times in the past 24 hours have you heard [President Obama and congressional Democrats] or their allies make the argument that Obamacare is a settled issue because 1) it was enacted by duly elected federal lawmakers and signed by a duly elected president, 2) the U.S. Supreme Court said it passed constitutional muster, and 3) it was championed by a reelected Obama and opposed by a defeated Romney? That's not how republics work -- no issue is ever truly settled -- but more important it's not how these same folks behave on other issues.
Take voter ID. Many states, including my own North Carolina, have seen voter ID became law through the actions of duly elected state lawmakers and governors. The U.S. Supreme Court has recently ruled that voter ID passes constitutional muster. State officials enacting voter ID have subsequently been reelected. But in the eyes of the Obama administration, voter ID is about as far away from "settled" as an issue can be. Attorney General Eric Holder has just announced a lawsuit challenging North Carolina's new election law, including the photo-ID requirement. The Justice Department continues to pursue or threaten similar litigation in other states.
A fair comparison? I think so. But there is an important difference between Obamacare and voter ID. The former is unpopular. The latter is supported by the vast majority of voters, including most Democrats, independents, and minorities. So conservatives are fighting an uphill battle to defeat an unpopular law. Liberals are fighting an uphill battle (I suspect) to defeat a popular law.
NRO's false equivalence between the ACA and voter ID laws is awkward at best. The ACA is well-settled federal law of the land. The constitutionality of state voter ID laws, on the other hand, is still very much in doubt.
Fox News host Gretchen Carlson expressed shock over voter fraud realities during an interview with contributor Julie Roginsky, claiming "most states cannot brag about" the .00174 percent voter fraud rate in North Carolina. Contrary to Carlson's claim, the rate of voter fraud found in North Carolina is typical, and even higher than the nationwide rate.
On the September 30 edition of Fox News' The Real Story with Gretchen Carlson, Roginsky and guest Dee Dee Benkie joined Carlson in a discussion on the Justice Department's lawsuit against North Carolina over its strict new voting laws. Carlson was taken aback when confronted with the low rates of voter fraud in North Carolina, claiming, "that sounds like they're the best state in the nation, which I will look into after this show, because most states cannot brag about that":
Carlson should not be shocked. According to a study by News21, a part of the Carnegie-Knight Initiative on the Future of Journalism Education, "analysis of 2,068 alleged election-fraud cases since 2000 shows that while fraud has occurred, the rate is infinitesimal." Nationwide, cases of voter impersonation that resulted in convictions or guilty pleas accounted for about .00000013 of the 197 million votes cast for federal candidates between 2002 and 2005.
A state-by-state map reveals that the number of confirmed voter fraud cases in North Carolina is in step with many other states. Some states, like New York and Louisiana, have even lower rates. In Pennsylvania, where a voter ID law has been blocked several times, there have been five cases of voter fraud since 2000.
Rush Limbaugh conflated the constitutional right to vote with access to health care, using undocumented immigrants and their lack of health care to attack the Obama administration and mock criticism of voter ID laws. He also falsely asserted that the Affordable Care Act covers undocumented immigrants.
On his radio show, Limbaugh attacked the Obama administration as hypocritical for requiring proof of eligibility to access health care under the ACA while suing Arizona following the state's 2010 discriminatory "show me your papers" law. The Arizona law included a provision requiring state and local police officers to check the immigration status of anyone they suspected of being in the country illegally.
Limbaugh stated that it "is outrageous that you need a photo ID to get medical treatment," adding, "Where is the social justice? What are you trying to do, kill all the minorities?" He continued:
LIMBAUGH: You know what they're trying to do, they're trying to keep minorities from going to the doctor. This is doctor suppression. By requiring a photo ID to go to the - well if that's what they say about elections. If you need a photo ID to go vote -- Jesse Jackson says that's voter suppression. Well this is not just suppression. They're trying to keep minorities from getting treated.
He went on to falsely claim that the ACA already covers undocumented immigrants.
In fact, undocumented immigrants and legal immigrants who have been in the country less than five years are not covered under the ACA. As the National Immigration Law Center noted, these residents are not even allowed access to the health care exchanges to purchase private insurance at full cost. They are not eligible for subsidized health care or Medicare, nonemergency Medicaid, or the Children's Health Insurance Program (CHIP).
Immigrant activists and health care experts have repeatedly cited these facts as vital reasons to pass immigration reform. This population is one of the most vulnerable when it comes to health care. In fact, almost 7 million of the uninsured are undocumented immigrants, but Limbaugh chose to mock their plight to make a point about discriminatory voter ID laws.
Limbaugh has made similar statements in the past, claiming in September 2012 that requiring IDs at the Democratic National Convention meant that "apparently Democrats are trying to suppress their own delegates." This was also repeated on Fox News, where hosts complained Democrats were guilty of a "double standard" for requiring press to show ID at the DNC, a security measure to protect the president of the United States.
In a column on National Review Online's (NRO) The Corner, Fox News contributor and NRO columnist John Fund and Heritage Foundation senior legal fellow Hans von Spakovsky laid out what they considered "The Latest Evidence Of Voter Fraud." The evidence they offered, however, amounted to one county in Mississippi that was recently ordered to remove ineligible voters from its registration rolls, and a report released by the conservative Voter Integrity Project showing a statistically insignificant number of alleged voter fraud cases, neither of which showed any conclusive evidence or prosecution of voter fraud.
In a September 9 column, Fund and von Spakovsky wrote, "Obama-administration officials and their liberal camp-followers who routinely claim there is no reason to worry about election integrity because vote fraud is nonexistent suffered some embarrassing setbacks last week."
The first piece of evidence they offered was a lawsuit brought by the American Civil Rights Union (ACRU) -- a far right legal advocacy group whose senior fellow and policy expert once accused the NAACP's president of "treason" for denouncing voter ID laws, and who said it was racist to oppose those same laws -- against Walthall County, Mississippi in which the county was instructed to purge its voter rolls of felons, the deceased, and duplicate registrations. Fund and von Spakovsky made no claims of actual voter fraud in regards to that case, however, writing only that:
This is the first time in the 20 years that the NVRA has been in force that a conservative group has sued to enforce Section 8, while liberal advocacy groups have filed many cases to try to stop election officials from cleaning up their registration lists, a practice which they foolishly label "voter suppression."
An inflated voter registration roll by itself is not evidence of voter fraud, which the Brennan Center for Justice defined as "when individuals cast ballots despite knowing that they are ineligible to vote, in an attempt to defraud the election system." Instead, voter roll purges have repeatedly been used as a tool to disenfranchise minorities and students -- traditionally Democratic voting blocs.
The second piece of evidence Fund and von Spakovsky presented was a report released by the Voter Integrity Project of North Carolina (VIP-NC), a group with a history of false claims regarding voter fraud. VIP-NC released a report they obtained from the North Carolina Board of Elections which shows 475 cases in which the state had a "reasonable suspicion" that voter fraud occurred. Those cases were turned over to the appropriate district attorneys and Fund, von Spakovsky, and VIP-NC acknowledged that prosecutors chose not to bring charges in those cases. However, Fund and von Spakovsky attributed the lack of convictions to political fear, writing, "As VIP also points out, the report raises the important question of why local district attorneys in North Carolina have been 'so negligent in prosecuting' these referrals."
Fund and von Spakovsky used the VIP-NC report to advocate for strict voter ID laws and portrayed North Carolina as a hotbed of voter fraud (emphasis added):
The report shows that there were 475 cases of election fraud that the Board "believed merited a referral" to prosecutors between 2008 and 2012. The fraud included double voting, impersonation and registration fraud, and illegal voting by noncitizens and felons. Not all of this fraud would have been stopped by voter ID, but there are certainly people willing to engage in fraud and we need to take a comprehensive approach to protect the security of the voting and election process.
In fact, the strict voter ID laws they advocate might have prevented only one of the 475 alleged voter fraud cases referenced -- the single allegation of voter impersonation. According to the report, the majority of the 475 cases occurred during the 2008 general election, when over four million people voted. Yet conservatives in the state have used similar claims of voter fraud to pass what former Secretary of State Hillary Clinton called a "greatest hits of voter suppression."
According to Mother Jones, North Carolina's law "prohibits same-day registration, ends pre-registration for 16- and 17-year-olds, eliminates one week of early voting, prevents counties from extending voting hours due to long lines (often caused by cuts in early voting) or other extraordinary circumstances, scratches college ID cards and other forms of identification from the very short list of acceptable state-issued photo IDs, and outlaws certain types of voter registration drives." From Mother Jones:
The bill's new provisions make it so that, with very few exceptions, a voter needs a valid in-state DMV-issued driver's license or non-driver's ID card, a US Military ID card, a veteran's ID card or a US passport. According to an April 2013 analysis (pdf) of state Board of Elections data by Democracy North Carolina, 34 percent of the state's registered black voters, the overwhelming majority of whom vote Democrat, do not have state-issued photo ID. The same study found that 55 percent of North Carolina Democrats don't have state-issued photo ID. Only 21 percent of Republicans have the same problem.
Instead of protecting elections from fraudulent voting, strict voter ID laws are instead being used to disenfranchise minorities and low-income individuals in an effort to help Republicans win elections.
Fund and von Spakovsky both have a history of spreading misinformation about voter fraud, culminating in a book they co-authored that is rife with falsehoods. NRO's continued advocacy of strict voter ID laws is not surprising given its sordid history regarding civil rights.
Fox News hosted discredited right-wing activist Hans von Spakovsky to misleadingly claim that a voter ID law in Texas would make voting easier, despite a federal court's findings that the law was racially discriminatory and placed a high burden on low-income Americans.
The Department of Justice (DOJ) announced August 22 that it will sue to block Texas' attempt to reinstate a voter ID law that was previously voided on the grounds that it was racially discriminatory, explaining that it violates the Constitution and "was adopted with the purpose, and will have the result, of denying or abridging the right to vote on account of race, color, or membership in a language minority group."
Fox & Friends guest co-host Anna Kooiman interviewed von Spakovsky on August 30 to attack the DOJ's decision, during which von Spakovsky claimed that high minority voter turnout in the 2012 election proved that voter ID laws did not suppress the vote and that the DOJ "lost" when it attempted to fight a voter ID law in South Carolina. Kooiman pointed to von Spakovksy's assertion that voter ID cards actually "speeds up" the voting process, which he claimed is "exactly right."
Kooiman then implied that voter ID laws are not racially discriminatory in Texas because more white individuals in total are in poverty than Hispanics and blacks -- ignoring that fact that whites make up 80 percent of Texas' population, and so of course have more total individuals in poverty.
Von Spakovsky is a right-wing voter ID activist who has been exposed as resorting to shady tactics in his quest to limit voter participation, and his research on this topic has been thoroughly discredited. As Justin Levitt, previously of the Brennan Center, explained, von Spakovsky's misleading claim that high voter turnout means voter ID laws don't suppress voters is a "correlation-causation fallacy, and anybody who's had statistics for a week can talk to you about it." And von Spakovsky's claim that South Carolina offered a good model for Texas to fight the DOJ's challenge hid the fact that the court explicitly agreed with the DOJ's concerns that the South Carolina law could be racially discriminatory as enacted, and warned it would be blocked in the future if that occurred.
Furthermore, his claim that the use of state-issued identification cards to vote "speeds up" the process ignores the fact that this law disenfranchises American citizens. As MSNBC.com reporter Zachary Roth noted, according to Texas's data, "anywhere from 605,000 to 795,000 registered voters--between 4% and 6% of all registered voters in the state--lack the required form of ID."
And acquiring the qualifying identification in order to cast a regular ballot comes with a high cost, placing a burden on low-income voters -- a burden which falls "disproportionately" on African Americans and Hispanics living in Texas. The federal court that struck down Texas' law in 2012 found the "evidence conclusively shows that the implicit costs of obtaining [a] qualifying ID will fall most heavily on the poor and that a disproportionately high percentage of African Americans and Hispanics in Texas live in poverty."
As The Nation's Ari Berman noted, according to the DOJ's 2012 objection to the Texas law, "Hispanic voters [were] between 46.5 percent to 120 percent more likely than whites to not have the new voter ID" in Texas.
From the August 29 edition of Fox News' Hannity:
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National Review editor Rich Lowry declared that the civil rights dream of the 1960s has been "won," and thus assertions of ongoing discrimination are "imagined slights and manufactured controversies," a claim that dismisses the current reality of economic inequality and voting rights struggles.
August 28 marked the 50th anniversary of Dr. Martin Luther King, Jr.'s March on Washington, an event dedicated to calling for civil and economic rights for African-Americans. It was there in 1963 that Dr. King delivered his famous "I Have A Dream" speech, and the events helped bring about enactment of the 1964 Civil Rights Act and 1965 Voting Rights Act. For the anniversary celebration, tens of thousands gathered at the Lincoln Memorial to hear President Obama and Rep. John Lewis (D-GA) - a speaker at the 1963 march - give remarks.
In a Politico op-ed the next day, National Review editor Rich Lowry used the anniversary celebration as a vehicle to criticize today's civil rights movement as "an intellectually exhausted disgrace" with leaders who are a "degeneration" to the original effort. This is because, according to Lowry, Dr. King's dream "was a glorious triumph" and the fight for equal rights "is won," while today's movement "subsists largely on imagined slights and manufactured controversies unrelated to the welfare of real people."
As evidence of these "manufactured controversies," Lowry mocked the notion that recent voter ID laws are discriminatory and declared: "What the contemporary civil rights establishment can't bring itself to acknowledge is that cultural breakdown has more to do with the struggles of blacks than any officially sanctioned discrimination." He also ignored the continuing problem of economic inequality between whites and African-Americans.
Lowry's dismissal of the discriminatory nature of voter ID laws is illustrative of falsehoods he's pushed in the past. At least 11 percent of American citizens do not possess a government issued photo ID, and the percentage of African-Americans without a photo ID is even higher - one study estimated the number at 25 percent. Even if a state purports to issue an ID for "free," there are costs associated with obtaining one that amount to a poll tax. As the Brennan Center for Justice determined, voter ID laws "create more burdens for minority citizens."
From the August 29 edition of Fox News' Fox & Friends:
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From wildly offensive treatment of civil rights history to routine mendacity on voter ID, Fox chose to mark the 50th Anniversary of the March on Washington by smearing the ongoing struggle for voting rights.
Over the past week leading up to President Barack Obama's commemoration of the anniversary on August 28, Fox News has been at the forefront of right-wing media attempts to discredit links between the progressive community and the civil rights legacy of the March on Washington. Voting rights, in particular, have attracted a significant amount of misinformation and ignorance, some of it quite shocking.
On June 12, 1963, Medgar Evers, a Battle of Normandy veteran and the NAACP's first field secretary for the state of Mississippi, was assassinated in his driveway. Shot in the back, his murder was the culmination of an extensive white supremacist terror campaign against the voting rights and desegregation advocacy of the NAACP, a cause that President John F. Kennedy championed the very night of Evers' death as both a moral and constitutional issue to ensure "American citizens of any color [can] register and  vote in a free election without interference or fear of reprisal."
Evers' widow, Myrlie Evers-Williams, was invited to speak at the original March on Washington that took place two months later, an invitation that she was finally able to accept this past weekend at the 50th anniversary events. She warned about ongoing "efforts to turn back the clock" on the civil rights movement.
Congressman John Lewis, another veteran of the voting rights struggles, was more explicit. Also the victim of brutal violence due to his efforts to protect the right to vote, Lewis referenced the infamous Shelby County v. Holder Supreme Court decision and told the crowd, "I gave a little blood on that bridge in Selma, Alabama, for the right to vote. I am not going to stand by and let the Supreme Court take the right to vote away from us...We must say to the Congress, fix the Voting Rights Act."
On the August 26 edition of her radio show, Fox News contributor Laura Ingraham chose to follow up a recording of Lewis' call to Congress to both fix the Voting Rights Act and pass immigration reform with a gunshot sound effect. As Joan Walsh of Salon observed, even "[a]fter the assassinations of Medgar Evers, John F. Kennedy, Bobby Kennedy and Dr. King, after the gunning down of so many civil rights workers over the years, Ingraham thought it was funny, or clever, or provocative, to 'symbolically' cut off Lewis' speech with the sound of a gun."
Fox News downplayed Colin Powell's objections to strict voter ID laws and ignored the fact that Texas not only has a long history of illegal racial discrimination in its election practices, a federal court already found its voter ID measures to be impermissible voter suppression.
On the August 26 edition of America's Newsroom, Fox News host Martha MacCullum and correspondent Mike Emanuel reported on the Department of Justice's new legal challenge to the voter ID law Texas immediately enacted after the Supreme Court struck down a crucial provision of the Voting Rights Act (VRA) in Shelby County v. Holder:
Fox News failed to mention, however, that Texas is being accused of illegally suppressing the vote through a voter ID law that has already been found to be racially discriminatory by a federal court.
Writing for a three-judge panel in 2012, a circuit judge dismissed Texas' evidence that its voter ID law was not impermissibly discriminatory as "unpersuasive, invalid, or both." As explained by the Constitutional Accountability Center's Doug Kendall:
[I]n Texas v. Holder, a three-judge court unanimously blocked Texas' new voter identification statute, the most stringent in the nation, finding that the statute would inevitably disenfranchise low-income Texas citizens, who are disproportionately African American and Hispanic. The court explained that, unlike Indiana, whose voter identification law was upheld by the Supreme Court in 2008, Texas had gone to great lengths to suppress the vote in poor and minority communities, strictly limiting the types of photo identifications available - a license to carry a concealed firearm is a valid ID under the law, but not a student or Medicare ID card - and making it costly to obtain a so-called "free" election ID for use at the polls. For those without one of the five permitted photo identifications, the court found that the law was tantamount to a poll tax, "imposing an implicit fee for the privilege of casting a ballot." The "very point" of the Voting Rights Act, the court explained, was to deny "states an end-run around the Fifteenth Amendment's prohibition on racial discrimination in voting."
Conservative radio host and Fox News contributor Laura Ingraham attacked the speakers at the 50th anniversary of Martin Luther King, Jr.'s "I Have A Dream" speech, at one point using the sound of a gunshot to cut off a sound bite of civil rights leader Rep. John Lewis (D-GA) -- a man whose skull was infamously fractured by a state trooper on "Bloody Sunday" in Selma, AL, in 1965. Ingraham used the speech's anniversary to race-bait about black-on-white crime statistics and hosted Pat Buchanan to bemoan the idea that minorities face any higher level of adversity in America 50 years later.
Tens of thousands of people gathered in Washington, DC over the weekend to commemorate and recreate Dr. Martin Luther King, Jr.'s 1963 March on Washington, an event originally dedicated to calling for civil and economic rights for African Americans. CBS News reported that the 50th anniversary event -- part of a week-long build-up to Wednesday's anniversary -- "was sponsored by the Rev. Al Sharpton's National Action Network, Martin Luther King III and the NAACP, featured a roster of speakers, including King, Sharpton, Attorney General Eric Holder, Newark Mayor Cory Booker and Rep. John Lewis, D-Ga. They spoke from the steps of the Lincoln Memorial, where 50 years ago this month King delivered his famous 'I Have A Dream' speech."
On her August 26 radio broadcast, Ingraham criticized the event and its speakers, saying the goal "was to co-opt the legacy of Martin Luther King into a modern-day liberal agenda," and scoffing at the topics speakers supposedly discussed: "From gay marriage, to immigration -- amnesty, was thrown in for good measure. We talked about the Voting Rights Act."
Ingraham ran through a list of African-American crime rates before hosting Pat Buchanan, a prominent racist with white nationalist ties. Buchanan dismissed the idea that minorities suffer any disadvantages in contemporary America, calling the idea "absurd" because "black folks excel and are hugely popular figures in everything from sports to entertainment to athletics to politics. Everywhere you go ... So the progress has been enormous."
At one point during her broadcast, Ingraham began playing a clip of Lewis' speech from the 50th anniversary rally, before interrupting the playback of his comments with the sound of a loud gunshot.
Right-wing media repeatedly argue that increased turnout of voters of color demonstrates that strict voter ID requirements do not cause voter suppression, a relationship that experts note is a basic confusion of correlation with causation.
The Wall Street Journal relied on logical fallacies and misleading characterizations to defend restrictive election laws and attack Hillary Clinton for playing "racial politics" by pushing for expanded voting rights and access
An August 18 Journal editorial attacked Clinton for a speech she delivered to the American Bar Association criticizing a Supreme Court decision that struck down a key provision of the Voting Rights Act. The editorial supported the decision by downplaying its effects, claiming, "all it did was eliminate a section that had forced such states as Mississippi to meet higher legal burdens for election laws than other states with a worse current record of minority voter participation." The editorial went on to falsely claim minority voting turnout rates prove that critics such as Clinton are "playing racial politics" and pushing for "a racially polarized electorate."
The Journal has used voter turnout to defend restrictive voting measures before, an argument that relies upon the "correlation-causation" fallacy. As Loyola Law School professor Justin Levitt pointed out, "turnout studies don't show great impact but that's because they can't ... you can't draw any real conclusions about that":
National Review editor Rich Lowry launched a deceptive attack on Hillary Clinton for speaking out against voter ID laws that suppress minority voting by pushing falsehoods on the legislation and ignoring the hundreds of thousands of citizens a new voter ID law in North Carolina will reportedly disenfranchise.
On August 12, the governor of North Carolina signed into law a controversial voting bill that "overhauls the state's election laws" by requiring government-issued photo IDs when voting, reducing the early voting period by one week, and ending same-day registration. A majority of North Carolinians do not support the legislation, which is expected to reduce minority turnout.
In a Politico opinion piece, Lowry criticized comments Clinton made at the American Bar Association in which she noted that the Supreme Court's recent decision to strike down a portion of the Voting Rights Act would lead to disenfranchisement, particularly of minority voters, all in the name of the "phantom epidemic of voter ID fraud." Lowry claimed that Clinton was using the issue to play the "race card" in an attempt to "fire up minority voters by stirring fears of fire hoses and police dogs," and pushed a number of falsehoods related to the new North Carolina legislation to falsely claim it was simply part of "the American mainstream" and "a victimless crime."
Lowry's arguments -- which rely heavily on the discredited research of right-wing voter ID activist Hans von Spakovsky, who has been exposed as resorting to shady tactics like scrubbing his fingerprints off the web and "fudging questions of authorship" in his quest to limit voter participation -- include the claim that North Carolina is simply becoming "one of at least 30 states to adopt a voter ID law" and is therefore "common-sense." In fact, only four states besides North Carolina enforce the "strict photo ID" requirement the state passed, which means a voter cannot cast any ballot without first presenting an ID. In other states, if a voter does not have an ID, they have other options for casting a regular ballot, such as establishing their identity with a paycheck or signature match. The majority of states either have no voter ID law or no photo requirement.
The Brennan Center For Justice noted that strict photo ID laws such as North Carolina's "[offer] no real solution" to the little voter fraud states might experience, such as the two cases of alleged voter impersonation that have been referred by the North Carolina State Board of Elections since 2004:
[A] strict photo ID requirement cannot address problems related to long lines, inaccurate voter registration lists, or voter malfeasance like double voting, felon voting, or vote buying. The only type of voter malfeasance that photo ID can address is voter impersonation. A photo ID requirement is the worst kind of electoral policy solution -- it creates an illusion of security while offering no real solution to any identified problem with election administration, while simultaneously creating real consequences for many legal and qualified voters.
Lowry also pushed the idea that a 2008 Supreme Court decision meant the "constitutionality of voter ID isn't in doubt." But according to the Brennan Center, "it is a mistake to presume that the Supreme Court's 2008 decision in Crawford v. Marion County means that all strict voter ID laws would be constitutional in all circumstances," and North Carolina's law will have to be reviewed to ensure it doesn't overburden voters before its constitutionality can be determined. Justin Levitt, previously of the Brennan Center, also disputed claims similar to Lowry's that voter ID doesn't suppress voters because states with voter ID laws had high turnout in some races by noting the comparison was a "correlation-causation fallacy, and anybody who's had statistics for a week can talk to you about it."
But Lowry's disregard for the facts distracts from the real issue: that these laws disenfranchise American citizens. North Carolina's voter ID legislation alone could disenfranchise hundreds of thousands of registered voters. As The Nation's Ari Berman reported, 316,000 registered voters in North Carolina don't have the required state-issued ID, and over 100,000 of those individuals are African-American. Furthermore, CBS News reported that 70 percent of African-Americans in North Carolina voted early in 2012, which will now be available on 10 days instead of 17 thanks to this new law.
The American Civil Liberties Union and Southern Coalition for Social Justice have filed suit against the North Carolina law, saying that eliminating several early voting days, same-day registration, and "out-of-precinct" voting will "unduly burden the right to vote and discriminate against African-American voters" in violation of the Constitution. The ACLU explained that early voting particularly helps low-income workers who are more likely to have hourly-wage jobs or childcare concerns that limit their ability to get to the polls on Election Day, and because African-Americans experience higher rates of poverty in North Carolina, "a reduction in early voting opportunities will disproportionately impact voters of color."
Dale Ho, director of the ACLU's Voting Rights Project, noted that when Florida enacted similar laws before the 2012 election, hundreds of thousands of voters were unable to vote due to long lines, burdens which "fell disproportionately on African-American voters." A study by the Orlando Sentinel found that at least 201,000 Floridians were deterred from voting because of hours-long lines at polling stations.