States Move to Restrict Voting: What Nonprofits Can Do to Defend the Right to Vote

STATES MOVE TO RESTRICT VOTING:

What Nonprofits Can Do to Defend the

Right to Vote

Ben Hovland, Senior Counsel

Thursday, February 23, 2012

1825 K Street, NW ~ Suite 450 ~ Washington, DC 20006202.331.0114 ~ fax 202.331.1663 ~ www.fairelectionsnetwork.com

What is FELN?

The Fair Elections Legal Network (FELN) is a nonpartisan organization based in Washington, D.C. Our overall mission is to remove barriers to registration and voting for traditionally underrepresented constituencies and improve election administration through administrative, legal, and legislative reform. FELN works year round with (c)(3) and (c)(4) state tables and organizations to support voter registration and GOTV efforts and to remove barriers to registration and voting.

Presentation Overview

Advances in Election Administration

Overview of 2011-2012 Voter

Suppression Efforts

Affected Voters

What Nonprofits Can Do

Questions/Comments

Advances in Election Administration – Pro-Voter Reforms Registration Reforms

Online Voter Registration Same Day/Election Day Voter Registration Statewide Portability

Voting Reforms No Excuse Absentee Ballots Early Voting, including non-traditional days

and hours

New Restrictions Emerge

Photo IDPhoto ID Indiana (2005) Georgia (2006) Missouri (2006; successfully challenged in state

court) Idaho (2010)

Proof of Citizenship to RegisterProof of Citizenship to Register Arizona (2004; litigation ongoing) Georgia (2009; not in effect)

Restrictions on Third Party Voter RegistrationRestrictions on Third Party Voter Registration Florida (2005)

2011-12: The Whole Package

Strict Photo ID bills Proof of Citizenship to Register Ending Election Day/Same Day

Registration Shortening Early Voting and Changing

Absentee Rules Restrictions on Third Party Voter

Registration Groups

Photo ID

2011 saw new laws in AL, KS, MS, RI, SC, TN, TX, WI

Laws passed but vetoed in MN, MO, MT, NH, NC

2012 ? – MN, MO, NE, NH, PA, VA

Over 20 other states also saw bills introduced during 2011-2012

Photo ID Model

Default Model Photo Current – unexpired, showing expiration date Issued by the state or U.S. government

Driver’s license or non-driver’s ID issued by DMV U.S. passport U.S. military ID

Variations Student ID sometimes allowed ID from other state sometimes allowed U.S. naturalization documents sometimes allowed Tribal ID sometimes allowed Exemptions, safety net for voters without qualifying

ID

What ID bills could include

ID issued by other states Student ID Employee ID Tribal ID Generally recognizable photo ID Non-photo ID (utility bill, government

document, paycheck, etc.) Exemptions Non-photo ID safety net

Impacted Groups

Compared to 11% average without current government-issued photo ID- 25% of African Americans 18 % of elderly Americans (65+) 15% of low-income Americans

Urban dwellers voters with disabilities out of state students movers

Photo ID: Myth vs. Fact

Myth: Everyone has a photo ID, it’s no big deal.

Fact: A 2006 national survey by the Brennan Center found that11% of voting age citizens don’t have current government-issued photo ID

Myth vs. Fact

Myth: It’s the same as having to show an ID to buy alcohol, cash a check, or board a plane.

Fact: Voting is a fundamental right that shouldn’t be burdened. [And you don’t need photo ID to fly somewhere]

Myth vs. Fact

Myth: Everyone can get a free photo ID anyway.

Fact: There are practical barriers, as well as underlying financial costs involved in getting an ID.

Myth vs. Fact

Myth: Photo ID laws are needed to combat voter fraud.

Fact: The only fraud problem a photo ID requirement could address is voter impersonation, which is less likely than getting struck by lightning.

Proof of Citizenship New laws passed in AL, KS, TN Legislative efforts in at least 9 other states Documentary proof

Driver’s license or non-driver’s ID if it indicates proof of citizenship was supplied to get the ID

U.S. birth certificate U.S. passport U.S. naturalization documents Some tribal IDs, etc.

Impact

Practical Hurdles

Access to Citizenship Documents – Brennan Center study indicates at least 7% of eligible American voters don’t have

Submission with Registration Application – copying, mailing, etc.

Ending EDR/SDR

Repealed in ME* and OH* Pending repeal/veto efforts Vetoed in MT

Efforts in NH and NC

Impact

Restricting Options Restricts Access Low-income voters Mobile voters Young voters

Turnout – failsafe eliminated

Provisional Ballots – costs, administration, risk of not counting

Shortening Early Voting and Changing Absentee Rules New laws shortening early voting passed in

FL, GA, ME, OH, TN, WV Efforts in MD, NC, NM, NV

Eliminating Sunday voting OH prohibited Sunday voting; NC bill & MO

ballot initiative would do same FL eliminated last Sunday before Election Day

Other Changes OH prohibited counties from sending unsolicited

absentee ballots and prepaying return postage.

Impact

Access Reduces opportunities Relied on by some voters more than others

Confusion Changing systems people are used to Variance in voter education efforts

Restrictions on Third Party Voter Registration New restrictions passed in FL and TX FL

Registration and reporting requirements 48 hour turnaround time

TX Deputy and training requirement New rules regarding who can register voters

and how they can be paid Other efforts in CA, IL, MS, MI, NV, NM, NC,

SC

Impact

Third party registration reaches potential voters that don’t intersect with registration opportunities as much as others Low-income voters Minority groups Students

Black and Hispanic Floridians and Floridians from Spanish-speaking homes are over twice over twice as likely as likely to register to vote via third-party groups as white Floridians or Floridians from English-speaking households.

Review: Whole Picture

Strict Photo ID bills Proof of Citizenship to Register Ending Election Day/Same Day

Registration Shortening Early Voting and Changing

Absentee Rules Restrictions on Third Party Voter

Registration Groups

Review: Impacted Groups

Minority Groups Young People

Students and Non-Students

Mobile Voters Low-Income Voters Disabled Voters Elderly Voters

Fighting Back

Exciting Citizen Efforts – ME and OH

Ongoing legislative battles and coalition work

Get ID projects

Voter education projects

Fighting Back – Nonprofit Style Advocacy

More legislative fights to come Local decisions and implementation matter Empower clients for advocacy work Collect personal impact stories

Legislative fights Litigation

Fighting Back – Nonprofit Style Client/Constituent Education

New changes to rules But also basic voter information

Registration deadline, absentee voting information, early voting opportunities, ID requirements, etc.

How Email blast Voter Info Center – waiting room, at community

day/events Billing inserts As part of education efforts on issues of

relevance for your organization

Fighting Back – Nonprofit Style Provide registration opportunities

Remind movers to update registration information

Remind clients to check for new polling place Even non-movers may confront changes due to

redistricting or precinct consolidation

Get ID projects

Get to the polls projects

For more information, including materials and guides, visit:

QUESTIONS

For more information, contact Ben Hovland at bhovland@fairelectionsnetwork.com.

Sign up for FELN’s Voter Suppression Update for ongoing information!

Or email:

Megan K. Donovan, Staff Attorney

1825 K Street, NW ~ Suite 450 ~ Washington, DC 20006202.331.0114 ~ fax 202.331.1663 ~ www.fairelectionsnetwork.com