The Independent View: The Battle for the Ballot

Illustration by Nancy Stahl

From suppressive cuts to early voting to discriminatory registration hurdles, some politicians continue to attempt to prevent participation at the polls.

Errin Whack wrote this story for the American Civil Liberties Union (ACLU), Winter 2016 magazine.

Today, nearly 70% of African-Americans are registered voters, and about 65% voted over the past two Presidential election cycles. In 1964, fewer than half of of them in the south who were eligible to vote cast ballots. The dramatic increases can be attributed to one of the most important laws passed in the last century: The Voting Rights Act of 1965 (VRA).

In 2013, the Supreme Court dismantled the heart of the VRA, which has carried the battle for traditionally disenfranchised citizens for more than five decades. We now see a national attack on voter access. States have passed partisan measures that make it harder for Americans, including minorities, the poor, and people with disabilities, to exercise their rights. The law's future rests in a Congress reluctant to take up the issue.

The ACLU has fought this rollback of voting rights through advocacy efforts and with litigation attempting to block enforcement of onerous laws.

In the 2014 elections, there was a sharp decrease in voter turnout as compared to 2010 in four southern states: Alabama, Georgia, Texas, and Virginia. A report issued by the Center for American Progress noted that this happened despite an expansion of communities of color in these states. It went on to attribute these declines to laws adopted in those states that made it harder to vote.

Such measures have been promoted as cost savers or attempts to prevent fraud at the polls, which in reality, is nearly non-existent. By striking down Section 5: Alabama, Mississippi, Parts of New York City, North Carolina, Texas, and Virginia, are now free to make voting laws without oversight.

The ACLU continues to work that voting-rights reform remains on the Congressional agenda. The ACLU was involved in drafting two pending bills: The Voting Rights Act Amendment and the Voting Rights Advancement Act.

The ACLU work on Voting Rights:

2014
Arkansas - The ACLU successfully sued over the state's voter ID law, but the trial court halted the decision allowing the law to go into effect for the Primary elections. The decision disenfranchised nearly 1,000 voters before the Supreme Court ruled the law unconstitutional.

Ohio - Took the state to Federal Court after the state made cuts to early voting. In April, the ACLU reached an agreement with the state allowing voters to vote on multiple Sundays leading up to a Presidential election and restoring additional evening voting for all elections.

North Carolina - Moved to shorten its early voting period and end same-day registration, which 90,000 citizens used in 2012, as well as out-of-precinct voting. The ACLU and partners sued in U.S. District Court to block the implementation. The case is still waiting a decision after it went to trial in July.

2015
Wisconsin - In January, ACLU petitioned the Supreme Court to review an Appellate Court ruling over its Voter ID law. ACLU research indicated that the law disproportionately affects blacks and Latinos because they are more likely to lack the required photo IDs. The state announced they would hold off implementation until after elections. Litigation is ongoing over the range of permissible IDs and whether prospective voters who lack ID will be permitted alternate means of verifying their identities. Wisconsin's law still exists and continues to negatively impact voters.

Modern Ballot Access
In states across the country the ACLU encourages changes to make it easier for citizens to cast ballots. Reforms include on-line registration, same-day registration, and increased participation of disabled voters.

On-Line Registration
The ACLU has found that improving on-line registration is inexpensive and results in higher voter turnout. Yet full accessibility remains a challenge in many states. In June 2014, ACLU evaluated 20 state websites offering on-line voter registration, conducting a more in-depth review of six states. At the time the only state found to be fully accessible was California.

MHD - Any system should have a process that includes: a visit to the DMV to get a photo taken and the issuing of a digital verification code. Then when the citizen decides to register on-line, then would have to verify who they are by entering their digital verification code. To satisfy security issues, the state could generate a new code each year, to be snail-mailed to the voter, so they could use the code to ask for, and in the future, request an absentee ballot or vote on-line.

Same-Day Registration
Only 11 states and the District of Columbia offer same-day registration. Lack of a centralized, electronic records system at the state level, a main barrier to same-day registration, is now nearly nonexistent.

In 2013, the ACLU sued to stop Kansas from establishing a two-tiered voter registration system. If you registered with the Federal form, which does nor ask for citizenship papers, could only vote in Federal and Presidential elections. State voters who used the state form, that verifies citizenship, all the voter to vote in all election. Recently, a lower State Court said this was unconstitutional.

ACLU same-day registration advocates in Utah began looking into a this issue nearly a decade ago. In 2013, a bill came close to pass with bipartisan support, but failed at the end of the session.

In 2014, the ACLU worked with a coalition of advocates to defeat a strongly supported and organized legislative referendum that would have eliminated same-day voter registration in Montana.

A Utah bill passed in 2014 as a 2 1/2 year, five county pilot program.

In May 2015, the ACLU of New Hampshire won a suit against the use of a voter registration form that implied that college students, retirees, and service members were not eligible to vote. The requirement was effectively used as a way to block certain segments of the population from voting.

Participation of Disabled Voters
The ACLU has found that on-line registration for people with visual, mobility, or cognitive disability, remains a challenge. Sites didn't allow access for readers with visual or movement impairments; inadequate site navigation tools for people without the use of their hands; and complicated instructions, impeding people with cognitive disabilities who need clear, simple language to better understand the registration process.

The ACLU plans on distributing its report wish Secretaries of State to encourage better implementation.