Nina's Reading Blog

Comments on books I am reading/listening to

Posts Tagged ‘voter dilution’

Give Us the Ballot: The Modern Struggle for Voting Rights in America

Posted by nliakos on May 28, 2018

by Ari Berman (Farrar Straus Giroux, 2015)

Despite all the recent GOP squealing about imagined, unproven voter fraud, I guess I thought the problem of voter suppression was mostly solved by the Voting Rights Act back in 1965. Wrong. This carefully documented history of the VRA showed me how the GOP, having lost the battle to legally deprive African-Americans of their right to vote with absurd literacy tests and poll taxes, set immediately to finding other, more creative ways to suppress the minority vote. During the Reagan and G. W. Bush administrations, they received a lot of support from the Executive Branch in their fight for inequality; and Reagan was able to tilt the Supreme Court so far to the right with his conservative appointments that it became more of an adversary than an ally (and still is!).

My state, Maryland, generally makes it easy to register and vote. Marylanders can register to vote at MVA offices and in schools. They can vote early, absentee, or on Election Day, as they choose. Even if their legitimacy as voters is questioned, they can cast provisional ballots, which are counted after being validated. But residents of many other states (in particular, states of the former Confederacy) are not so lucky. For them, ground gained in the late 20th century is being lost in the 21st.

After describing how President Johnson managed to get the VRA passed in 1965, Berman walks his reader through the various reauthorizations of the Act (1970, 1975, 1982, 1992, and 2006) and the landmark Supreme Court decisions which either strengthened or weakened the law:

  • Allen v. State Board of Elections (1969) – this challenge to election laws in parts of Mississippi and Virginia raised the question of whether Section 5 of the VRA might be used to prevent states from setting district boundaries in such a way that African Americans never constituted a majority, effectively barring them from winning elective office, since whites in the south did not vote for persons of color–in other words, rendering racial gerrymandering illegal.
  • White v. Regester (1973) – This decision found that at-large elections discriminated against black candidates, who were more likely to be elected when they ran in smaller districts where they constituted a majority (aka minority-majority districts).
  • City of Mobile v. Bolden (1979) – This decision essentially reversed White v. Regester, reflecting the more conservative makeup of the Supreme Court.
  • Thornburgh v. Gingles (1986) –  prevented minority vote dilution by racial gerrymandering.
  • Crawford v. Marion County Election Board (2008) – allowed states to restrict voting in response to the “threat” (as opposed to the actual existence) of voter fraud
  • Northwest Austin Municipal Utility District No. 1 (NAMUDNO) v. Holder (2009) – did not actually change the VRA but encouraged further challenges
  • Shelby County v. Holder (2013) – This shameful decision essentially gutted Section 5 of the VRA by invalidating Section 4 (I did not understand well how one thing led to the other), thus removing the teeth from the law; states/counties with a history of vote suppression no longer have to have all changes to their election laws pre-approved by the Justice Department. By making it impossible to prevent abuse, this decision has undone much of the progress made possible by the VRA. As a direct result of this decision, voter turnout in 2014 plummeted; the number of voters turned away at the polls for failure to comply with some obscure procedure (or because the lines were too long) skyrocketed; and the GOP increased its stranglehold on state governments. Shame!

Berman explains the crucial importance of Section 5, which forced sixteen states (or counties within those states), mostly in the former Confederacy, to have any changes to their election laws “precleared” or pre-approved by the Department of Justice, giving the federal government the ability to block so-called second-generation voting restrictions which these states liked to use “to subvert the power of the growing minority vote”. Southerners hated being singled out for preclearance, even though relatively few abuses occurred elsewhere in the country. (Presumably, requiring preclearance in all fifty states would be prohibitively expensive, but it might have shut them up.)

Other concepts discussed in the book include voting rights versus states’ rights (to control their own elections); and simple ballot access vs. the right to be represented by someone like you. (The original VRA focused on access; subsequent reauthorizations added prevention of voter dilution, or representation.) Ballot access can be suppressed with tactics such as literacy tests and poll taxes, which were outlawed in the original VRA; in addition, measures that increase voter access, such as opportunities to vote early or by mail, adequate equipment and staff at the polls, sufficient hours of open polls, convenient locations of polls, use of provisional ballots, same-day registration, and no need for special identification which voters are unlikely to have, can be manipulated or gotten rid of (in areas where there are many minority voters), thus effectively suppressing the minority vote. Representation is mainly a result of racial gerrymandering.

The cast of characters includes the good guys (such as John Lewis, Lyndon Johnson, Martin Luther King, Jr., Coretta Scott King, Lani Guinier, Nicholas Katzenbach, Jimmy Carter, Ted Kennedy, Eric Holder, Barack Obama, James Sensenbrenner, Ruth Bader Ginsburg, and a lot of poor, black, and elderly voters) and the bad guys (such as Strom Thurmond, John Roberts, Brad Reynolds, Abigail Thernstrom, Ronald Reagan, George W. Bush, William Rehnquist, Richard Nixon, Hans von Spakovsky, and Brad Schlozman).

I was appalled at the tactics employed by many Republican politicians and others to deprive minority voters of their most precious right in our democracy. I wonder, how did they justify these actions to themselves? Or maybe they truly believe in white supremacy.

During the Reagan administrations, the people appointed to run the Civil Rights Division of the Department of Justice (Schlozman, von Spakovsky) were precisely the people who did not wish all Americans to have equal civil rights. Talk about putting the fox in charge of the henhouse! I was reminded of the EPA under the leadership of EPA-hater Scott Pruitt, who has turned the Environmental Protection Agency into the Environmental Destruction Agency. In both cases, many career civil servants working in those agencies, who believed in the mission of those agencies, resigned or were reassigned. Ugh.

Berman ends on a hopeful note–young activists inspired to fight on by past activism. But we shouldn’t have to fight this battle anymore. It was supposed to have been fought and won in 1965. I am thoroughly ashamed of my country.

 

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