I don't know about you but the reporting on voting irregularities, suppression efforts, and related stories has me very concerned about the current and future state of our democracy.
In Pittsburgh,
increasing complaints by University of Pittsburgh students that their party registrations and, in some cases, their polling places, were switched after they signed what they believed were petitions on topics ranging from medical marijuana to auto insurance rates.
Among those who found themselves on the Allegheny County voting rolls as registered Republicans were clearly ineligible would-be voters, including a 17-year-old Squirrel Hill student and a Chilean graduate student who is not a citizen of the United States. Among those scammed was the son of the former executive director of the Pennsylvania Democratic Party.
...To date, officials in Indiana, Montgomery and Allegheny counties have indicated that hundreds of college students were tricked by teams of petition canvassers who did not identify their employer, except for one who said he was being paid by the Republican Party. A spokeswoman for the Republican National Committee has denied any connection to the petitions and suggested they were part of a Democratic plot to discredit the RNC.
Victims of the scam don't know who was behind it, but some now wonder where they should vote, if their votes will count and, in at least two cases, why they're registered to vote in the first place.
In Ohio,
Secretary of State Ken Blackwell has issued an order governing the presence of "challengers" inside Ohio polling places.
State law allows political parties to place representatives inside the polls to challenge the legitimacy of voters' registrations before they are issued ballots. Although the law says each group can have one challenger per polling place, Blackwell said each group can have one challenger per precinct - meaning some voters could see a crowd at the many polling places serving more than one precinct.
The dirty tricks campaign continues. The Lake County sheriff fielded complaints about a flier purportedly issued by the county election board. The flier, which is bogus, tells those registered to vote by the NAACP, by Democratic campaigns or certain progressive groups that their registrations are invalid.
The Ohio Republican Party will now dispatch thousands of poll observers to challenge voters as they enter the polls. Most of the challengers will be lawyers, who will bring their challenge to the local polling official. That person will have to make a on-the-spot decision as to the legitimacy of the challenge. The voter has no recourse or appeal if they are disqualified from voting.
Reading all this - and if you google voting challenge - you will come across dozens of articles that provide a shocking glimpse at the depths of deceipt and intimidation have been employed to manipulate this election. Whether they can disqualify, prevent, or even just delay voting, the goal is clear: the discouragement of voting.
I don't care which party is responsible (although it does appear clear that one party is more engaged in this than the other), voting is sacred business. There is an incredible danger in allowing organizations to engage in fraudlent registrations, to challenge the legitimacy of voters on the basis of flimsy evidence, even if, ultimately, that challenge fails.
These activities serve to increase the transactional costs of democracy and therefore discourage participation. I think this has a disproportionate impact on minorities and working class voters. Who has time to wait all day to vote? Who wants their legitimate right to participate questioned?
That's the goal, right? Increase the transactional costs of democracy on the underclass and minorities to discourage them from voting. This is happening because the transactional costs of challenging voters are too low. In Pennsylvania, any voter can challenge any other voter. In order to respond to the challenge, the challenged voter must have another voter vouch for them. If they can't, the challenged voter must use a provisional ballot which is then cleared up later.
What are the costs for Republicans to challenge voters - thus far, it appears to be minimal beyond legal, some human resource costs, and a few mailings. We should, as a society, be adding heavy penalties for interfering with a citizen's rights to vote. There should be enormous transactional costs such that individuals and organziations are discouraged from interfering. While there's appears to be some of this at work, it's clearly not widespread or at least enforced enough otherwise there'd be a lot less stories on voter disenfranchisement. But take this court transcript from Ohio. A Ms. Miller has challenged the vote of Ms. Herrod. Miller is represented by attorney Morrison.:
Mr. PRY: Ms. Miller, you filed a challenge to the voting residence of
Catherine Ann Herold, who lives at xxx xxth Street Northwest, Barberton, Summit County, Ohio; is that correct?
MS. MILLER: I did.
MR. PRY: And have you ever been to that residence?
MS. MILLER: No.
MR. PRY: Do you know Catherine Ann Herrold?
MS. MILLER: No, I don't.
MR. PRY: You have indicated in this challenge form that the person - that you believe that she does not live at that residence; is that correct?
MS. MILLER: That's correct.
MR. PRY: And what is the basis for you making this challenge?
MS. MILLER: That was my impression that these items that I signed were for people whose mail had been undeliverable for several times, and that they did not live at the residence.
MR. PRY: Did you personally send any mail to Ms. Herrold?
MS. MILLER: No, I did not.
MR. PRY: Have you seen any mail that was returned to Ms. Herrold?
MS. MILLER: No, I have not.
MR. PRY: Do you have any personal knowledge as we stand here today that Ms. Herrold does not live at the address at 238 30th Street Northwest?
MS. MILLER: Only that which was my impression; that their mail had not been able to be delivered.
MR. PRY: And who gave you that impression?
MS. MILLER: Attorney Jim Simon.
MR. PRY: And what did --
MS. MILLER: He's an officer of the party.
MR. PRY: An officer of which party?
MS. MILLER: Republican party.
MR. PRY: Where did you complete this challenge form at?
MS. MILLER: My home.
MR. PRY: What did Mr. Simon tell you with respect to Ms. Herrold's residence?
MS. MILLER: That the mail had come back undeliverable several times from that residence.
MR. PRY: And you never saw the returned mail?
MS. MILLER: No, I did not.
MR. PRY: Now, you've indicated that you signed this based on some personal knowledge.
MR. HUTCHINSON: (Joseph F. Hutchinson, Jr. Summit County Board of Elections) No
MR. ARSHINKOFF: (Alex R. Arshinkoff, Summit County Board of Elections) Reason to believe. It says, "I have reason to believe." It says it on the form.
MR. JONES: It says, "I hereby declare under penalty of election falsification, that the statements above are true as I verily believe."
MR. ARSHINKOFF: It says here, "I have reason to believe."
MR. HUTCHINSON: It says what it says.
MR. ARSHINKOFF: You want her indicted, get her indicted.
MR. PRY: That may be where it goes next.
MR. HUTCHINSON: Yeah, give it a try.
MR. MORRISON: I'm going to enter an objection.
MR. JONES: Can we have you name?
MR. MORRISON: Yes. Jack Morrison. I've just been informed by Mr. Pry that an indictment may flow out of this, and therefore I'm instructing Ms. Miller to exercise her privilege against self-incrimination. She will not answer any further questions.
Note how the threat of indictment and criminal penalties shut them up real fast. These are the kind of penalties that ought to be in place for EACH wrongful challenge. The message ought to be sent that it's serious business to challenge the rights of voters.
Otherwise, I'm for Bill Maher's suggestion yesterday that if it's okay to send white voters into minority districts to intimidate them from voting, it is equally okay to send black and other minorities into white districts to intimidate them back. Maher was showing a photo of some very mean-looking gang members. I think we'd win the war on who's more intimidating.
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