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Week of May 11, 2008 - May 17, 2008

UPDATE II- VICTORY!: MO Bid To Disenfranchise 300,000 Down To The Wire!


By Nathan Henderson-James

Partisan efforts to keep up to 300,000 eligible Missouri citizens, mostly progressive-leaning voters from elderly and low-income demographics but also including such large blocks as married women, permanently off the voting rolls are coming to a head in the Missouri Senate today as the Legislature prepares to adjourn. Measures not passed by that time will die, pending the Governor calling a special session.

Voting rights and progressive activists, led by Missourians for Fair Elections are fighting back and report an extremely tough but increasingly winnable fight against what the Kansas City Star is calling a "real deception...being perpetrated by legislators, whose claims of fraud are driving what appears to be a political agenda".

Robin Carnahan, Missouri's Secretary of State, and an opponent of the measure, HJR 48 - which would amend Missouri's constitution to require proof of citizenship to register and vote, will be holding a press conference today in Kansas City to point out the partisan agenda behind this measure.

As previously reported in these diaries from last Friday, Monday,  and yesterday, Missouri politicians are pushing a measure to change the state constitution to allow strict voter ID and proof of citizenship requirements. This was prompted by a 2006 Missouri Supreme Court ruling that struck down a strict voter ID bill as unconstitutional.

Local Missouri activists expect that Secretary of State Carnahan will emphasize the following points in her press conference today:

*Missourians have already been through this in 2006 and our identification requirements in Missouri are fine, and they work – we have
fair elections without fraud and people are allowed to vote.  There’s no need to take the drastic step of altering our constitution just so that restrictive measures that suppress votes can be imposed on voters.

*In 2006, a more restrictive photo ID law was passed that was ruled unconstitutional because it was a burden and poll tax on voters, so now the Republicans just want to change the constitution to strip away voting rights protections.

Reports from officials with Missourians for Fair Elections suggest that the field work and wave of publicity and editorials from across the state are having the effect of exposing the partisan nature of this campaign while putting pressure on Senate leadership to refuse to consider the measure before the Senate adjourns.

Using flyers and door-to-door canvasses to generate on-the-spot calls to specific legislators, MFE has been able to to generate an unprecedented number of calls on this issue, which seem to be limiting the number of Senators willing to stop a potential filibuster of this measure and facilitating the disenfranchisement of poor, elderly, and low-income citizens.

For more information on this urgent work and how you can get invovled, contact Missourians for Fair Elections at mofairelections@gmail.com or 314-363-5571.

UPDATE: Members of the Missouri Catholic community have expressed grave concerns that citizens in the state, including religious sisters, will be unjustly denied their right to vote if this misguided bill passes. The Sisters of Mercy released a public statement today:

   

"We are deeply concerned that legislation of this kind has severe unintended consequences that present substantial barriers for all citizens to exercise their political and moral responsibilities. We strongly urge all citizens in Missouri to contact their representatives and ask them to vote against this measure," said Sr. Jane Hotstream, RSM, president of the St. Louis Regional Community of the Sisters of Mercy.

UPDATE II - VICTORY!

Below is the press release from Missourians for Fair Elections celebrating the failure of HJR 48 and its photo ID and proof of citizenship requirements.

MFE has been tireless in their opposition to this voter disenfranchisement effort. Their work featured an innovative phone and field program that generated literally thousands of calls from voter who identified as both Democrats and Republicans to important legislators in opposition to this measure.

They were also able to generate blanket media coverage in the state and important progressive media on the national stage. All the major and many of the minor newspapers in the state editorialized against the proposed amendment.

The combined that work with inside work in Jefferson City contacting elected officials directly about the measure and pressing their opposition to it.

And it all paid off as HJR 48 failed to be called for a vote before the session ended at 6PM CDT today.

FOR IMMEDIATE RELEASE – May 16, 2008
Contact: Laura Egerdal, Missourians for Fair Elections, 314-363-5571
Julie Terbrock, Missourians for Fair Elections, 314-660-3843

Proposed Photo ID Legislation Failed
Constitutional Change to Restrict Voting Rights Faced Groundswell of Opposition from Across the State

JEFFERSON CITY, MO – In a victory for all voters, Missouri lawmakers ended this year’s legislative session without a final vote on legislation that could have prevented up to 240,000 Missourians from voting. The proposed change would have altered Missouri’s constitution, allowing for strict citizenship and government-issued photo ID requirements that would make Missouri one of the toughest states in the country for eligible, law-abiding citizens to register to vote or cast a ballot.

"I am relieved that I will be able to vote this fall," said Lillie Lewis, a St. Louis city resident, "I’ve been voting in every election since I can remember, but if I needed my birth certificate, that would be the end
of that. I hope this is the last we hear of this nonsense." Lillie Lewis was born in Mississippi, but the state sent her a letter stating they have no record of her birth.

Birdell Owen, a Missouri resident who was displaced by hurricane Katrina, also voiced her relief. "I should be able to participate in my democracy," she said, "even if Louisiana can’t get me a copy of my birth certificate. I’m glad Missouri politicians had the sense to protect my right to vote."

As the bill began to move, a broad coalition of groups and voters across the state worked to educate citizens and legislators about the negative impact of such policy changes on real voters. Missourians for Fair Elections reports over 4,200 calls were made to lawmakers in the past two weeks urging them to not consider this legislation. Catholic organizations, such as the Franciscan Sisters of Saint Mary, and the
Sisters of Mercy of the Americas issued statements voicing deep concerns with the legislation. The AARP, League of Women Voters, labor organizations, disability advocates, community organizations and progressive leaders worked around the clock for the past two weeks to make sure the concerns of Missouri voters were heard.

In 2006, despite serious opposition from voting rights experts, election officials and voters, the Missouri legislature passed an overly-restrictive photo ID measure that was later found unconstitutional by the Missouri Supreme Court because it amounted to a poll tax and Missouri’s current identification requirements are sufficient. This year’s proposed legislation would have altered the constitution in an attempt to allow restrictive voting laws to pass constitutional muster. Such restrictive laws include government-issued photo ID and proof of citizenship requirements to register to vote and to vote.

Kathleen Weinschenk, of Columbia, Missouri, has been fighting to protect her right to vote, and that of others, since 2006. She has cerebral palsy, and doesn’t drive because of her disability. Without a birth certificate from Arkansas, she cannot get a Missouri photo ID. Kathleen is elated that the constitution will not be changed to prohibit her from voting. "Today, freedom rings," she said.

Low-Income Voters in AZ Get A Break - DOJ To Enforce NVRA


Yesterday, the Justice Department announced an agreement (PDF) to bring Arizona's Department of Economic Security, which administers Food Stamps and TANF, into compliance with the public agency registration provisions of the National Voter Registration Act (NVRA).  The agreement comes three months after Project Vote and Demos sent  Arizona Secretary of State Jan Brewer a notice letter (PDF) advising her that the state was not in compliance with the law and asking her to take steps to improve compliance to avoid litigation.

The agreement is the first time in six years that the Justice Department has enforced the NVRA's public agency registration provision. Previously, the Department's NVRA priority had been to press states to purge their voters rolls, taking advantage of th law's narrow language requiring states to make a general effort to keep their voter rolls current and accurate. The Department's enforcement priority of purges over enfranchisement drew considerable media attention and became tied to the U.S. Attorney scandal as more evidence of the politicization of DOJ during the Bush administration.

In recent months, Congress has focused its attention on states' noncompliance with the NVRA's public agency registration provisions and DOJ's sparse enforcement history. Recent letters by Senator Sheldon Whitehouse and five colleagues (PDF) from the Senate Committee on the Judiciary and from Congresswoman Zoe Lofgren, (PDF) who chairs the Subcommittee on Elections, were preceded by a hearing on states' compliance with the NVRA and a hearing on voter suppression" by House Committee on the Judiciary, which featured a heated exchange between Congresswoman Wasserman Schultz and the Deputy Assistant Attorney General for Civil Rights.

In February, Project Vote and Demos released a detailed report, Unequal Access, (PDF) that documented the steep decline in registrations from public assistance agencies over the past 12 years.


MO Bid To Disenfranchise 300,000 Down To The Wire!


By Nathan Henderson-James

Partisan efforts to keep up to 300,000 eligible Missouri citizens, mostly progressive-leaning voters from elderly and low-income demographics but also including such large blocks as married women, permanently off the voting rolls are coming to a head in the Missouri Senate today as the Legislature prepares to adjourn. Measures not passed by that time will die, pending the Governor calling a special session.

Voting rights and progressive activists, led by Missourians for Fair Elections are fighting back and report an extremely tough but increasingly winnable fight against what the Kansas City Star is calling a "real deception...being perpetrated by legislators, whose claims of fraud are driving what appears to be a political agenda".

Robin Carnahan, Missouri's Secretary of State, and an opponent of the measure, HJR 48 - which would amend Missouri's constitution to require proof of citizenship to register and vote, will be holding a press conference today in Kansas City to point out the partisan agenda behind this measure.

As previously reported in these diaries from last Friday, Monday,  and yesterday, Missouri politicians are pushing a measure to change the state constitution to allow strict voter ID and proof of citizenship requirements. This was prompted by a 2006 Missouri Supreme Court ruling that struck down a strict voter ID bill as unconstitutional.

Local Missouri activists expect that Secretary of State Carnahan will emphasize the following points in her press conference today:

*Missourians have already been through this in 2006 and our identification requirements in Missouri are fine, and they work – we have fair elections without fraud and people are allowed to vote.  There’s no need to take the drastic step of altering our constitution just so that restrictive measures that suppress votes can be imposed on voters.

*In 2006, a more restrictive photo ID law was passed that was ruled unconstitutional because it was a burden and poll tax on voters, so now the Republicans just want to change the constitution to strip away voting rights protections.

Reports from officials with Missourians for Fair Elections suggest that the field work and wave of publicity and editorials from across the state are having the effect of exposing the partisan nature of this campaign while putting pressure on Senate leadership to refuse to consider the measure before the Senate adjourns.

Using flyers and door-to-door canvasses to generate on-the-spot calls to specific legislators, MFE has been able to to generate an unprecedented number of calls on this issue, which seem to be limiting the number of Senators willing to stop a potential filibuster of this measure and facilitating the disenfranchisement of poor, elderly, and low-income citizens.

For more information on this urgent work and how you can get invovled, contact Missourians for Fair Elections at mofairelections@gmail.com or 314-363-5571.

Block The Vote! Proof of Citizenship On The Rise, Flashpoint Mo.


Cross-posted at Project Vote's blog, Voting Matters

Weekly Voting Rights News Update

By Erin Ferns

Requiring proof-of-citizenship in order to register to vote is the latest addition to voter suppression arsenal. Spurred by Arizona’s 2004 implementation of proof of citizenship requirements and the recent U.S. Supreme Court decision to uphold Indiana's strict voter ID law, proof of citizenship bills - often coupled with voter ID - are gaining traction across the country. With more than 13 million Americans lacking ready access to citizenship documentation and scant evidence of voter registration fraud by non-citizens (or any voter for that matter) leading to illegal votes, proof of citizenship requirements could have a significant impact on the electorate. Wasting no time after the high court's decision, the neighboring states of Kansas and Missouri have swiftly moved forward with efforts to pass such legislation. Both states are pushing schemes that could take effect in the November election.

Missouri's HJR 48 – a constitutional amendment to require proof of identification at the polls – also requires proof of citizenship in order register to vote. As the New York Times reported on the front page Monday, "sponsors of the amendment — which requires the approval of voters to go into effect, possibly in an August referendum — say it is part of an effort to prevent illegal immigrants from affecting the political process. Critics say the measure could lead to the disenfranchisement of tens of thousands of legal residents who would find it difficult to prove their citizenship."

Missouri's own Secretary of State, Robin Carnahan estimates 300,000 voters could be disenfranchised this November for what she considers to be a Republican wild goose chase for "'mythical problems,'" according to ConsortiumNews.com and the Associated Press, respectively.

Carnahan questions the type of "voter fraud" cited by advocates – including the ultimately rectified voter registration of a dog – as none of it would be resolved by voter ID, according to the Columbia Daily Tribune: "Have we had instances of improper voting registrations? Yes. Have we had instances of improper absentee voting? Yes. Is this government ID to vote going to impact any of those? No."

Carnahan said there have been no reports of voter impersonation fraud in the state, rendering requirements to prove citizenship to register and identity to vote useless at best and disenfranchising at worst.

The situation in Missouri is especially urgent as the state Senate must decide the fate of the constitutional amendment before the legislative session ends Friday. And even if the amendment fails to come to a vote, the governor has the option to call a special session just to consider this highly partisan (it passed in the Missouri State House on a strict party-line vote) measure. Advocatesare preparing for the worst and gearing up to fight the amendment at the ballot box in August.

Rapidly progressing proof-of-citizenship/voter ID hybrid legislation is not exclusive to Missouri. Last week, Kansas'  legislature approved HB 2019, a measure to require both proof of citizenship at registration from first-time applicants and voter ID from all voters at the polls. Despite approval by the legislature, Gov. Kathleen Sebelius' office is expected to veto the bill "as she has other voter ID legislation in the past," according to the Wichita Eagle.

"To its earliest proponents, voter registration was intended as an anti-fraud safeguard" and occurrences of fraud have been rare, according to Project Vote report, "The Politics of Voter Fraud." According to the report, between 2002 and 2005, 21 non-citizens were prosecuted for voter registration fraud across the country. Four of these were dismissed, one was acquitted, three pleaded guilty and thirteen were convicted.

And despite their best efforts, the federal government was only able to secure convictions of 11 non citizens for voting illegally during the same period. That is to say, 11 votes out of 214 million cast for federal elections were by non citizens.

In addition to allegedly preventing the rare crimes of voter registration fraud and voter impersonation fraud -  crimes for which there are already laws on the books to prevent -  citizenship and ID requirements create obstacles for many Americans who want to participate in the democratic electoral process. Polling data by a Brennan Center for Justice at NYU School of Law survey found that 13 million individuals were without ready access to citizenship documentation, including birth certificate, passports and naturalization papers.

Currently, only Arizona requires proof of citizenship to register to vote. Since adopting the measure in 2004, more than 38,000 voter registration applications have been thrown out, according to the New York Times. "More than 70 percent of those registrations came from people who stated under oath that they were born in the United States, the data showed."

To date, Project Vote has monitored proof-of-citizenship bills introduced in 19 states, including Kansas' HB 2019 and Missouri's HJR 48. Currently, 11 states have pending proof of citizenship legislation. To track these bills, visit Project Vote election bill tracking website, ElectionLegislation.org.

The following states are considering proof of citizenship requirements at registration as of May 15, 2008: Calif., Ill., Kan., Mass., Mich., Minn., Mo., N.Y., Okla., S.C., and Tenn.

Quick Links:

For more information on the fight in Missouri contact Laura Egerdal at 314-363-5571 or Missourians for Fair Elections at mofairelections@gmail.com.

Pending Proof of Citizenship Bills:

Calif:
A 2317
Sponsor: Asm. Mimi Walters (R-73)

Ill.
S 103
Sponsor: Sen. Chris Lauzen (R-25)

Kan.
H 2019
Governor: Kathleen Sebelius

Mass.
H 648
Sponsor: Rep. Paul K. Frost (R-7th Worcester)

H 653
Sponsor: Rep. Bradford R. Hill (R-4th Essex)

Mich.
H 5337
Sponsor:Rep. David Law (R 39)

Minn.
S 188
Sponser: Sen. Amy Koch (R-19)

Mo.
HJR 48
Sponsor: Rep. Stanley Cox (R-118)

H 1317
Sponsor: Rep. Cynthia L. Davis (R-19)

N.Y.
S 6543
Sponsor: Sen John J. Flanagan (R-2)

Okla.
H 1803
Sponsor: Rep. Randy Terrill (R-53)

S 417
Sponsor: Sen. Anthony Sykes (R-24)

S.C.
H 3343
Sponsor: Rep. Gloria Haskins (R-22)

Tenn.
H 408, H 409
Sponsor: Rep. Curry Todd (R-95)

H 3050, H 3052
Sponsor: Rep. Jason Mumpower (R-3)
S 1610, S 1611
Sponsor: Sen. Mark S. Norris (R-32)

S 2794, S 2810
Sponsor: Sen. Jim Tracy (R-16)

In Other News:

BLOG: Missourians: Take Action Now or Lose Voting Rights, Dem Victory – Art Levine; Huffington Post
Missouri, the battleground state that has accurately picked the presidential winner in every election since the 1950s, now faces an unprecedented peril this week: the theft of the voting rights of at least 240,000 of its citizens (nuns included) and the sure loss of the swing state of Missouri to Republicans in the Presidential race in November. And If Obama, the presumptive nominee of the Democratic Party loses Missouri, he will likely lose the fall election as well.

Wyo works to avoid absentee ballot fraud - Jackson Hole Star Tribune
CHEYENNE -- Wyoming county election officials appear to be well ahead of other states in how they prevent fraud with absentee ballots in nursing homes.

Confusing ballot designs still plague elections - Associated Pres
The solution should have been a no-brainer, voting experts say. After all, it was a badly designed ballot that enflamed the 2000 election meltdown and introduced the vagaries of chads to the political lexicon - pregnant, hanging and otherwise.


Erin Ferns is a Research and Policy Analyst with Project Vote’s Strategic Writing and Research Department (SWORD).

MO Disenfranchisement Fight Moves to State Senate


By Nathan Henderson-James

In the wake of increasing media scrutiny and aggressive push-back from voting rights activists, the fight over Missouri’s proposed Constitutional amendment requiring proof of citizenship documents in order to register to vote moves to the State Senate today. The New York Times chose to make this issue the lead story on their front page today, Monday May 11, 2008 and Art Levine, writing at the Huffington Post gives a very good analysis of the potential impact of the law and the work being done both to push this draconian voter disenfranchisement measure and to fight for the voting rights of up to 240,000 Missouri voters.

In this posting from Friday, Project Vote noted the potential danger from the measure and showed how the Missourians for Fair Elections coalition was working to preserve voting rights.

The New York Times notes that this kind of law would substantially raise the bar for eligible voters seeking to exercise their constitutionally-protected right to vote.

Measures requiring proof of citizenship raise the bar higher because they offer fewer options for documentation. In most cases, aspiring voters would have to produce an original birth certificate, naturalization papers or a passport. Many residents of Arizona and Missouri already have citizenship information associated with their driver’s licenses, and within a few years all states will be required by the federal government to restrict licenses to legal residents.

Critics say that when this level of documentation is applied to voting, it becomes more difficult for the poor, disabled, elderly and minorities to participate in the political process.

"Everyone has been focusing on voter ID laws generally, but the most pernicious measures and the ones that really promise to prevent the most eligible voters from voting is what we see in Arizona and now in Missouri," said Jon Greenbaum, a former voting rights official at the Department of Justice and now the director of the voting rights project at the Lawyers’ Committee for Civil Rights Under Law, a liberal advocacy group.

The Huffington Post shows how this measure, while couched in rhetoric about preserving the integrity of the ballot by protecting it from voter fraud, is really a measure aimed at keeping certain groups from participating at their full potential.

But protecting voters from fraud isn't the real goal of this measure - it's just helping GOP officials hold on to political power by blocking Democratic-leaning voters, critics say. "Their spin is that the elections are overrun with fraud," says the non-partisan Missouri ACORN's legislative director, Julie Terbrock. "But this measure effectively disenfranchises all these voters," she says, citing the Secretary of State's report on citizens without ID.

At a fair-election coalition press conference at the League of Women Voters' headquarters in Jefferson City, a few nuns came forward to express their concerns that the Catholic sisters in their convents lack the required ID. In fact, before the news conference, Sister Sandy Schwartz of the Franciscan Sisters of Mary in St. Louis reported the results of an informal survey of nuns in her order. "Fifteen [of 35 voters] did not have state-issued photo IDs," she observed. "This may sound like a good idea at first, but once you stop to think about who would really be affected, this is going to keep a lot of our loved ones from being able to vote."

The strict documentary requirements can be hard for Missouri nuns and other senior citizens, even married women of all ages, in obtaining their birth certificates. A survey by NYU's Brennan Center for Justice found that 52 percent of married woman don't have a birth certificate in their current name, and 17 percent of citizens age 65 and over don't have access to any citizenship documents.

At the press conference, Lillie Lewis, an elderly African-American woman, told how she struggled to get a birth certificate in order to secure a state-issued photo ID under the state's rigid "Show Me Proof" law passed in 2005. "I have tried everything to get a copy of my birth certificate," Lewis said, "but Mississippi says they have no record of my birth." So she likely won't be able to obtain a new driver's license, and, as a result, she declared, "My right to vote will be denied."

Today the Missouri State Senate holds hearings on the proposed Constitutional Amendment, which passed the state house on a party-line vote on Thursday. Missourians for Fair Elections will be working hard to make the case that this measure would stop legitimate voters from voting while being enacted to protect the state from a problem, voter impersonation, which simply does not exist.

If you want to learn more about this issue, contact Laura Egerdal at 314-363-5571 or Missourians for Fair Elections at mofairelections@gmail.com.

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