VOTER PROTECTION VICTORIES
Challenge to Unyielding Voter Registration Law Edges Closer to Victory
Lawsuit Contests Policy Blocking Thousands of Floridians from Voting
A lawsuit contesting Florida’s restrictive and unreasonable statutes regarding voter registration processing cleared another hurdle recently when a judge in federal district court set a date for trial. On February 27, 2007, the court ruled favorably that plaintiffs in Diaz v. Browning can proceed with challenging Florida’s refusal to allow voter registration applicants, who submit their applications prior to the deadline, a grace period in which to complete missing information from their application.
The current policy in Florida leads to thousands of voters being denied completely the opportunity to participate in upcoming elections. In election cycle after election cycle, as the application deadline and election date approaches, the number of applications submitted dramatically increases. The state’s prohibition on accepting missing information after the book closing deadline forecloses, for many applicants who were motivated to register during this time of intense public political debate, the possibility of voting in the election. Advancement Project looks forward to the opportunity to fully litigate a challenge to the Florida statute, which significantly suppresses democratic participation. Presently, the parties are engaging in discovery.
ON THE GROUND
Attention Louisiana Voters: Check In On Your Voter Registration—Now!
Questionable purging practices in Louisiana have prompted Advancement Project to investigate whether the removal of voters’ names from the state voter registration list violated provisions of the National Voter Registration Act (NVRA) of 1993 which prohibits the state from removing voters for failing to vote, and places limitations on the removal of voters due to a change of address. Violations of these important protections, if confirmed, could potentially affect thousands of Louisiana voters whose names may have been wrongfully purged.
In December, Advancement Project learned that more than 83,700 Louisiana voters were removed from the state voter registration list. Orleans Parish had the greatest number canceled voters, totaling 13,130, or 4.5 percent of the registered voters; followed by East Baton Rouge with 8,417, or 3.3 percent of the registered voters for the area. The mass purging in these regions raises concerns that the purge would disproportionately affect African-American voters from Orleans Parish who were displaced by Hurricanes Katrina and Rita in fall of 2005.
The State of Louisiana removes voters from the voter registration lists if they do not respond to an address confirmation card that is sent out annually by the state and then do not vote in any election before the passage of two federal election cycles.* Because of initial concerns that the purge would disproportionately affect African-American voters from Orleans Parish who were displaced by Hurricanes Katrina and Rita, Advancement Project communicated with Commissioner of Elections for the Secretary of State’s Office, Angie LaPlace, who explained that the voters who were cancelled in December had not responded to address confirmation requests that were sent out prior to Hurricanes Katrina and Rita. A recent report estimates that 61 percent of the voters whose registrations were cancelled were White and 32 percent were African-American.
Advancement Project also requested the names of all Orleans Parish voters that were sent address confirmation cards between 2002 and 2004 as well as the list of names of all voters whose voter registration was cancelled in December. We are working with the Louisiana Voting Rights Network and other voting rights organizations to determine whether each voter who was purged was delivered an address confirmation notice by forwardable mail and given the opportunity to participate in elections for two complete federal election cycles, in compliance with federal law.
Voters whose names are on this list of purged voters, but who wish to remain New Orleans voters, are strongly encouraged to contact Sandra Wilson of the Office of the Registrar of Voters at (504) 658-8300 for assistance.
* Louisiana R.S. 18:193E.
Four Thousand, Eight Hundred Voices Rising
PA Women in Prison Question Candidates in First-of-its-Kind Voting Rights Forum
Philadelphia, Pa., has as many as 4,800 votes under constant surveillance, stashed away behind heavy doors with automated locking systems. Data suggests the actual numbers are even higher and the common concern is that the numbers will continue to grow. On April 10, 2007, the women of Philadelphia’s Riverside Correctional Facility (RCF) took the first steps to unlocking these votes by attending the first ever voting rights and candidates forum held inside a Philadelphia jail.
In the months preceding the forum, a coalition of local, grassroots organizations and individuals committed to the incarcerated and re-entry community hammered out the details of this precedent-setting forum. The coalition planning team—which included a number of former offenders—took steps to ensure the women of RCF would be heard in the first person and not through surrogates. To achieve this goal, planning team members met with the women of RCF during the week before the forum to talk about civic engagement, its impact on the issues of greatest concern to the women, voting eligibility, and voter registration. The planning team used a Voter Protection Quiz to help the women gauge their initial understanding of various voting-related rules and to help them self-assess their new level of understanding at the end of the sessions. The women were also encouraged to submit questions for the candidates, resulting in a number of thoughtful questions reflecting their biggest concerns.
On the evening of April 10, nearly 200 of the estimated 400 voting-eligible women at Riverside Correctional Facility attended the optional forum, radiating the strength of their collective voice. “Question: You can vote while you are in prison if you are serving time for a misdemeanor only. True or False?” asked Malissa Gamble, a former Riverside resident, from the stage. The women shouted in response, “False!” “You cannot vote if you have a prior felony conviction. True or False?” Gamble asked. “False!” was the resounding reply. “You can only register to vote if you are 18,” queried Gamble. “True! False!” was the mixed response from the women. After clarification from Gamble, those who had answered correctly waived their hands in the air, in recognition of their knowledge.
Elmer Smith, the Philadelphia Daily News columnist who moderated the forum, smoothly transitioned the women into questions for the candidates. He called out names and one by one the women he called upon stepped to the microphone at the front of the room—mere feet from the candidate—to ask their questions directly. Common themes among the questions: skills training, GED, support services for family reunification, and jobs for those re-entering their communities.
While by the end of the night only two mayoral and two city council candidates were in attendance, throughout the night the women showed their commitment to voting. “What should I do if I need help filing out the [voter registration] form?” asked one woman to Advancement Project. “Let’s give this question back to all of you. Who can tell her what her options are?” asked Rosa Goldberg, Advancement Project’s local voter protection advocate. A woman quickly raised her hand and stepped to the microphone to explain the options. “I don’t know how to read. I’m barely learning now,” asked one woman, “how can I pick who to vote for?” The answer that was given: You can ask someone to help you read the information so that you can decide; you have that right.
Indeed, estimates show that the vast majority of Philadelphia Prison System (PPS) inmates may have that right because as many as 60 percent of them are on pre-trial status, a status which Pennsylvania election law recognizes as voter eligible. Factor in the eligible voters serving time for a misdemeanor and the number of potential voters sitting behind the heavy doors of PPS rises. But as of April 10, 2007, something else is rising in Philadelphia: the voices of incarcerated women taking responsibility for their lives and their communities.
DEFENDING DEMOCRACY
Florida Third-Party Voter Registration Case Moving Forward
The Eleventh Circuit Court of Appeals has indicated that it will hear oral argument, likely during the week of June 4, 2007, in the case challenging Florida’s burdensome voter registration restrictions. In May 2006, Advancement Project, along with co-counsel, filed a lawsuit challenging the Florida statute that imposed potentially ruinous fines on third party groups, thus forcing them to shut down or severely curtail their voter registration activities. On August 28, 2006, a federal district court judge barred Florida from enforcing this statute. The law remains enjoined while the case is being appealed.
MATERIALS YOU CAN USE
Newly Released Primer Predicts the U.S. Will Experience Its First National Election in February 2008
As the momentum of frontloading the 2008 elections gains speed, more and more states are moving their presidential preferential primary (“primary”) earlier in the election cycle. The movement en masse of state primaries to February will be comparable in size to a “national election” preceding the November 2008 election. The ramifications of this large-scale push for early primaries are outlined in “Two National Elections in One Year: Early Presidential Preference Primaries and the 2008 Election Cycle,” a voter protection primer published by Advancement Project. The primer examines the ways in which election activities will be affected, explores what changes must be made to accommodate the new schedule, and calls for a proactive response from the voting and civil rights community. For more information, view a listing of 2008 state primary dates and 2008 voter registration deadlines.
The Century Foundation Highlights Other “Problems” with the Presidential Primary System
The focus of this issue brief, “The Presidential Primary System’s Democracy Problems,” is on “democracy problems” relating to the frontloading of primaries in 2008. Tova Wang, Democracy Fellow at The Century Foundation, addresses questions such as whether the changes will increase the diversity of the voting membership in both political parties, whether voters will be more of less able to make informed decisions, and will the new system encourage greater participation? She argues that if the new primary system does not adequately serve the interests of voters and basic, democratic principles, the fairness of the system should become a higher priority on voting rights and civil rights reform agendas.
Presidential Primary Changes Create Opportunities for Latino Voters to Determine Parties’ Nominees in 2008
Latino voters, a voting population that has been traditionally left out of the primary schedule in the past, now have a greater opportunity to make their voices heard in the primary elections of 2008. “Frontloading the Primaries: A Silver Lining—Latinos Get a Vote,” addresses a topic that has been largely unaddressed in discussions about the new primary schedule. Because of their large numbers in states holding earlier primaries in 2008, Latinos may significantly influence the selection process that determines who will represent each party in the next presidential race. This brief discusses voting rights groups and other groups advocating on behalf of Latinos can take the steps necessary to ensure Latinos make the most of their expected, increased clout in the 2008 election.
Philadelphia Voters: New Voter Protection Guide Now Available
Advancement Project has just released “Prepare Yourself Pennsylvania,” a Community Voter Protection Guide for Philadelphia voters. The comprehensive guide gives Election Day assistance such as what to do before leaving home, answers commonly asked questions about what to expect outside and inside of the polling place, offers voter protection practice scenarios, and outlines community action steps action that can be taken today to ensure election officials understand the needs and rights of voters in your community.
Historical Timeline Chronicles Important Voting Rights Events
Do you know in what year the Mississippi Convention changed the constitution to disenfranchise African-American voters? And did you know that the last group of voters who could have been required to pay a poll tax would be at least 65 years old in 2007? These and other voting rights facts are documented in this educational resource, “The Voting History Timeline: 1870-2006,” a slideshow presentation created by Advancement Project in 2007.
Fourth Largest Jurisdiction in Maryland Seeks a Qualified Election Director
The Baltimore City Board of Elections is recruiting for the position of Election Director to work in the city’s election office. Baltimore City is the fourth largest jurisdiction in the State of Maryland, with more than 300,000 registered voters. The Election Director is responsible for all facets of administering the election office including: personnel management, budgeting, implementation of a new voting system and voter registration system, and compliance with all state and federal election laws. The position requires: graduation from an accredited high school or possession of a high school equivalency certificate; five years of experience applying federal, state, and local election laws and regulations applicable to conducting elections (must include at least one presidential or gubernatorial election); and two years experience directly managing an office or a project staff of five or more employees. Employees in this classification are required to be registered voters in the State of Maryland in accordance with the Election Law Article, Section 2-207(d). Employees in this classification may not hold or be a candidate for any elective public or political party office or any other office created under the constitution or laws of this State in accordance with the Election Law Article, Section 2-301(B). Instructions, application, and application supplement can be found by visiting www.dbm.maryland.gov or by calling (410) 767-4850, toll free (800) 705-3493; TTY users call Maryland Relay Service, (800) 735-2258. EOE. The salary range for this position is: $50,893–$83,942.
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