Yesterday, GOP Rep. Paul Broun had a five-minute dialogue with Rep. Alan Grayson about the unconstitutionality of the Congressional GOP's numerous amendments directed exclusively at ACORN, all of which bar ACORN from receiving any government contracts due to alleged wrongdoing (not adjudicated by any court). While being questioned by Grayson about whether these measures are unconstitutional "bills of attainder" -- acts of Congress that punish specific individuals for alleged, unadjudicated wrongdoing -- Broun was handed a piece of paper, which he dutifully read, claiming that these amendments do not impose "punishment" on ACORN. Instead, he claimed, Congress is merely barring ACORN from receiving government contracts, and since nobody has the "right" to receive government contracts, there is no "punishment" here. It's simply a case of the government exercising its prerogative as to who it will and will not hire.
As always happens, numerous people who never gave a moment's thought to what a "bill of attainder" is rushed forward to declare that Broun was correct, because they want to believe that. But it's false, and clearly so.
Under the law as pronounced by the Supreme Court -- i.e., the authoritative source on this question -- it is "punishment" when the Congress targets specific individuals and denies them even discretionary benefits otherwise available based on allegations of guilty behavior. Just read for yourself what the Court has said. Or -- for those of you who want to argue otherwise -- think about what you're endorsing.
In 1946, the Court decided the interesting case of U.S. v. Lovett. That suit was brought by three government employees who, despite uniformly positive performance evaluations, were specifically named by an amendment passed by Congress as possessing "subversive beliefs" and "subversive associations," and were therefore barred from receiving future pay for any work for the Federal Government. The Court observed that the bill (Section 304) "was designed to force the employing agencies to discharge respondents and to bar their being hired by any other governmental agency." As the Court put it: "what is involved here is a congressional proscription of Lovett, Watson, and Dodd, prohibiting their ever holding a government job."
Obviously, there is no "right" to receive a job from the Federal Government, and Congress has the Constitutional power to make appropriations decisions. Nonetheless, the Supreme Court held that the law imposed "punishment" on these specific individuals and was thus an unconstitutional bill of attainder. Here's what the Court said; its applicability to these anti-ACORN amendments is too self-evident to require much explanation (emphasis added):
In Cummins v. Missouri, 4 Wall. 277, 323, this Court said, "A bill of attainder is a legislative act which inflicts punishment without a judicial trial."
Section 304 was designed to apply to particular individuals. [n4] Just as the statute in the two cases mentioned, it "operates as a legislative decree of perpetual exclusion" from a chosen vocation. Ex parte Garland, supra, at 377. This permanent proscription from any opportunity to serve the Government is punishment, and of a most severe type.
Section 304, thus, clearly accomplishes the punishment of named individuals without a judicial trial. The fact that the punishment is inflicted through the instrumentality of an Act specifically cutting off the pay of certain named individuals found guilty of disloyalty makes it no less galling or effective than if it had been done by an Act which designated the conduct as criminal. [n5] No one would think that Congress could have passed a valid law stating that, after investigation, it had found Lovett, Dodd, and Watson "guilty" of the crime of engaging in "subversive activities," defined that term for the first time, and sentenced them to perpetual exclusion from any government employment. Section 304, while it does not use that language, accomplishes that result. The effect was to inflict punishment without the safeguards of a judicial trial and [p317] "determined by no previous law or fixed rule." [n6] The Constitution declares that that cannot be done either by a State or by the United States. . . .
When our Constitution and Bill of Rights were written, our ancestors had ample reason to know that legislative trials and punishments were too dangerous to liberty to exist in the nation of free men they envisioned. And so they proscribed bills of attainder. Section 304 is one. Much as we regret to declare that an Act of Congress violates the Constitution, we have no alternative here.
Section 304 therefore does not stand as an obstacle to payment of compensation to Lovett, Watson, and Dodd.
Barring specific parties from working with the Government based on allegations of wrongdoing -- exactly what the GOP's anti-ACORN bills do -- constitutes "punishment" under Supreme Court law and is thus an unconstitutional bill of attainder. Period. As clearly as could be, the Court rejected the two arguments made by Broun-defenders: that (a) it's not "punishment" if Congress denies something to which one does not have a "right," and (b) denying government contracts cannot be a "bill of attainder." The Supreme Court, as recently as 1976 in Paul v. Davis, explained the meaning of Lovett as follows:
In United States v. Lovett, 328 U.S. 303 (1946), the Court held that an Act of Congress which specifically forbade payment of any salary or compensation to three named Government agency employees was an unconstitutional bill of attainder. The three employees had been proscribed because a House of Representatives subcommittee found them guilty of "subversive activity," and therefore unfit for Government service.
Could that be any clearer? These anti-ACORN bills -- beginning with the very first one passed by Congress -- single out ACORN and deny them government contracts based on alleged (though unadjudicated) allegations of wrongdoing. They're exactly the Congressional adjudications of guilt, followed by punishment, which the Constitution forbids. The prohibition on bills of attainder isn't some hyper-technical or obsolete right. Acts of that sort are toxic and pernicious, because they permit the Congress to punish parties without any of the safeguards that judicial proceedings provide. That's exactly what Congress is doing to ACORN.
For those who want to ignore the actual law and insist that it's not "punishment" for Congress to prohibit specific people from receiving discretionary government benefits (such as government contracts), it should be the case that you'd have no Constitutional objection to bills which provide for the following:
* Only registered Democrats, but not registered Republicans, shall be eligible for unemployment benefits.
* Any individual belonging or contributing to the NRA shall be permanently barred from government employment.
* Anyone who has been employed by Blackwater at any time during the past decade -- including those who performed contracting services for said corporation -- shall not be permitted to participate in the Medicare or Medicaid program.
* Any organization which helps more Republicans than Democrats register to vote shall be barred from holding tax-exempt status.
* Any person or company providing services, or entering into contracts with, Fox News shall be barred from receiving government contracts.
By the reasoning of Rep. Broun and his defenders, such measures cannot be unconstitutional because Congress is not "punishing" anyone here. Nobody has the "right" to receive unemployment benefits, or be employed by the government, or to have government-provided health care benefits or to receive special tax-exemptions. Those are purely discretionary benefits which the Congress is free to dole out, or not dole out, as it wishes. Nobody who is singled out by the Congress can possibly complain that they are being unconstitutionally "punished" merely because Congress has decided to deny them these discretionary benefits. Is that what anti-ACORN crusaders are prepared to defend?
Whatever else is true, it is settled law that denial of government employment aimed at specific parties is "punishment" and therefore an unconstitutional "bill of attainder." There may be other reasonable grounds for claiming that the anti-ACORN laws do not constitute bills of attainder, but the claim that mere denial of discretionary benefits does not constitute "punishment" is not such a ground.
What I said in my last post, about Doug Hoffman representing the conservative id, especially now, when he makes completely nonsensical claims about ACORN stealing an upstate New York Congressional election from him? I'll admit it: I had no idea how right I was.
Public Policy Polling, a Democratic firm, got lucky with the timing of its latest survey. That's because PPP asked respondents, "Do you think that Barack Obama legitimately won the Presidential election last year, or do you think that ACORN stole it for him?"
Fully 26 percent of respondents said they believe ACORN stole the election for Obama, compared to 62 percent who said they think he won it fair and square. 12 percent weren't sure.
The numbers were even more revealing when broken down along partisan lines. A majority of Republicans -- 52 percent -- think ACORN stole the presidency, while just 27 percent said they believe Obama's office is legitimately his.
The fervor in conservative ranks for an unknown candidate running in a special Congressional election in upstate New York was never really about Doug Hoffman the man, at least not as much as it was about Doug Hoffman, expression of the right's id. Who he actually was, what he actually believed and whether he had any real political skills, these were secondary questions at best, after what really mattered: He was more conservative than Dede Scozzafava, the official Republican candidate.
Hoffman and his supporters did succeed in pushing Scozzafava out of the race just days before the election was held, but on Election Day, it all seemed to be for naught, as Hoffman lost to Democrat Bill Owens.
But since then, it's become clear that vote totals in some parts of the district weren't reported accurately the night of the election, and Owens' margin of victory shrunk as a result. So now, after having been pressed by Glenn Beck, Hoffman has another chance to be that raw expression of conservative id.
In a message to supporters released Wednesday night, Hoffman officially withdrew his concession, saying he'd now work to stop the election from being stolen by a collection of nefarious figures.
An excerpt:
As evidence surfaces, we find out that reported results from election night were far from accurate. ACORN and the unions did their best to try and sway the results to Obamacare supporter Bill Owens.
I was forced to concede after receiving two pieces of grim news - - down 5,335 votes with 93 percent of the vote counted on election night - and barely won my stronghold in Oswego County. On Election Night, the information we received was far different from what we received this week!
Rest assured, they will not succeed, and I am therefore revoking my statement of concession.
That is why I am writing you today. Recent developments leave me to wonder who is scheming behind closed doors, twisting arms and stealing elections from the voters of NY-23.
I'm sure you are as dismayed as I am to learn of the mischief that took place in Oswego and neighboring counties. We know this would not be the first time for the ACORN faithful to tamper with democracy.
This is fanciful, to put it mildly. First of all, despite the corrected vote totals, it appears clear that Hoffman can't win, even after all absentee ballots have been tallied. And the accusation that ACORN is somehow behind the vote counting -- that it is working behind the scenes at election boards is just ludicrous.
The impulse on the right to see ACORN as responsible for every evil in the world has now apparently gone so far that this accusation doesn't even relate to the one usually leveled at the group, that it's working to register non-existent voters in order to cast fraudulent votes in favor of Democrats. (That accusation, too, is false.) Beyond that, there's this simple thing to remember about ACORN: It works in urban areas. The district in which Hoffman ran is decidedly not ACORN territory.
(updated below - Update II - Update III)
Earlier this week, I wrote about how the Fox-News/Glenn-Beck/Rush-Limbaugh leadership trains its protesting followers to focus the vast bulk of their resentment and anxieties on largely powerless and downtrodden factions, while ignoring, and even revering, the outright pillaging by virtually omnipotent corporate interests that own and control their Government (and, not coincidentally, Fox News). It's hard to imagine a more perfectly illustrative example of all of that than the hysterical furor over ACORN.
ACORN has received a grand total of $53 million in federal funds over the last 15 years -- an average of $3.5 million per year. Meanwhile, not millions, not billions, but trillions of dollars of public funds have been, in the last year alone, transferred to or otherwise used for the benefit of Wall Street. Billions of dollars in American taxpayer money vanished into thin air, eaten by private contractors in Iraq and Afghanistan, led by Halliburton subsidiary KBR. All of those corporate interests employ armies of lobbyists and bottomless donor activities that ensure they dominate our legislative and regulatory processes, and to be extra certain, the revolving door between industry and government is more prolific than ever, with key corporate officials constantly ending up occupying the government positions with the most influence over those industries.
Exactly as one would expect, the prime beneficiaries of all of that pillaging continue to grow. The banks that almost brought the world economy to collapse but then received massive public largesse because they were "too big to fail" are now bigger than ever; as The Washington Post delicately put it: "The crisis may be turning out very well for many of the behemoths that dominate U.S. finance." Everything involving the government turns out well for these "behemoths" because they own and control the U.S. Government. Just this week, The Post detailed how the government and Wall St. are now so intertwined that banking executives are spending vast resources to increase their presence in Washington:
So, too, for [BlackRock Chairman Laurence] Fink, who said much hinges on his relationship with Washington. He often has talked to White House chief of staff Rahm Emanuel, Treasury Secretary Timothy F. Geithner and his predecessor, Henry M. Paulson Jr. Fink was among the first regulators reached out to when they needed urgent advice on pricing exotic securities or predicting the global fallout from the failure of large financial firms like Lehman Brothers.
"We are going to be spending more time inside the Beltway, either by helping the government or, if we are asked, shaping policy and decisions," Fink said. "It is beholden on us on behalf of our clients to have input in Washington" . . .
Some firms are bringing Washingtonians to them.
A year ago, James B. Lockhart III was the top federal regulator overseeing Fannie Mae and Freddie Mac when the Bush administration seized the two mortgage finance companies, saving the home loan market from collapse. When Lockhart said last month that he would step down from the Federal Housing Finance Agency, he was snapped up quickly. Today he is vice chairman of WL Ross, which is looking to make money by buying mortgage assets and loans cast off by lenders as unprofitable.
Other former federal officials are scrambling for a piece of the action. Joseph J. Murin, former president of Ginnie Mae, which guarantees securities linked to government-backed mortgages, and former Federal Housing Administration commissioner Brian Montgomery, set up a consulting shop on L Street in mid-August.
As previously documented, Goldman Sachs itself has a virtual lock on the top Treasury positions no matter which party is in power. The vaunted bipartisan "Baucus plan" was literally written by a Baucus aide who just left her position as Vice President of Wellpoint to write the health care reform plan for the Senate -- a revelation which barely caused a ripple. And the Supreme Court is on the verge of striking down the few limits on corporate involvement in our politics, a ruling which may (or may not be) constitutionally defensible but which will flood American politics with so much corporate money that it will give new meaning to the term "oligarchy."
So with this massive pillaging of America's economic security and the control of American government by its richest and most powerful factions growing by the day, to whom is America's intense economic anxiety being directed? To a non-profit group that devotes itself to providing minute benefits to people who live under America's poverty line, and which is so powerless in Washington that virtually the entire U.S. Senate just voted to cut off its funding at the first sign of real controversy -- could anyone imagine that happening to a key player in the banking or defense industry?
Apparently, the problem for middle-class and lower-middle-class Americans is not that their taxpayer dollars are going to prop up billionaires, oligarchs and their corrupt industries. It's that America's impoverished -- a group that is growing rapidly -- is getting too much, has too much power and too little accountability. Anonymous Liberal has a superb post on the manipulative inanity of the Fox-generated ACORN "scandal" (h/t D-day):
Let's take a step back and consider just what ACORN is. It is a non-profit organization whose mission is to empower and improve the lives of poor people. As with many other organizations, ACORN has a number of legally distinct parts, each of which has different sources of funding and engages in different kinds of activities (ACORN's conservative enemies routinely conflate these various parts to imply that ACORN is using federal money for improper political purposes). Since its founding the 70s, ACORN and its employees and volunteers have fought successfully to, among other things, increase minimum wages across the country, increase the quality of public education in poor areas, and protect people from predatory lending practices. In the aftermath of Hurricane Katrina, ACORN helped rebuild thousands of homes and assisted victims in relocating and finding housing outside of New Orleans. The ACORN activity that has drawn the most conservative ire is its voter registration efforts which, consistent with ACORN's mission, are primarily aimed at low-income voters (who tend to vote Democratic). . . .
But even if you take these film-makers at face value and assume the worst, the reality is that ACORN has thousands of employees and the vast majority of them spend their days trying to help poor people through perfectly legal means (and receive very little compensation for doing so). Even before yesterday's Senate vote, the amount of federal money that went to ACORN was very small. This is a relatively insignificant organization in the grand scheme of things, but it's an organization that has unquestionably fought over the years to improve the lives of the less fortunate in this country.
That the GOP and its conservative supporters would single out this particular organization for such intense demonization is telling. In September of last year, the entire world came perilously close to complete financial catastrophe. We're still not out of the woods and we're deep within one of the worst recessions in U.S. history. This situation was brought about by the recklessness and greed of our banks and financial institutions, most of which had to be bailed out at enormous cost to the American taxpayer (exponentially more than all of the tax dollars given to ACORN over the years). The people who brought about this near catastrophe, for the most, profited immensely from it. These very same institutions, propped up by the American taxpayer, are once again raking in large profits.
But rather than focus their anger on these folks, conservatives choose to go after an organization composed almost entirely of low-paid community organizers, an organization that could never hope to have even a small fraction of the clout or the ability to affect the overall direction of the country that Wall Street bankers have. ACORN's relative lack of political influence was on full display yesterday, when the U.S. Senate (in which Democrats have a supermajority) not only entertained a vote to defund ACORN, but approved it by a huge margin (with only seven Democrats opposing).
If one were to watch Fox News or listen to Rush Limbaugh -- as millions do -- one would believe that the burden of the ordinary American taxpayer, and the unfair plight of America's rich, is that their money is being stolen by the poorest and most powerless sectors of the society. An organization whose constituencies are often-unregistered inner-city minorities, the homeless and the dispossesed is depicted as though it's Goldman Sachs, Blackwater, and Haillburton combined, as though Washington officials are in thrall to those living in poverty rather than those who fund their campaigns. It's not the nice men in the suits doing the stealing but the very people, often minorities or illegal immigrants, with no political or financial power who nonetheless somehow dominate the government and get everything for themselves. The poorer and weaker one is, the more one is demonized in right-wing mythology as all-powerful receipients of ill-gotten gains; conversely, the stronger and more powerful one is, the more one is depicted as an oppressed and put-upon victim (that same dynamic applies to foreign affairs as well).
It's such an obvious falsehood -- so counter-intuitive and irrational -- yet it resonates due to powerful cultural manipulations. Most of all, what's so pernicious about all of this is that the same interests who are stealing, pillaging and wallowing in corruption are scapegoating the poorest and most vulnerable in order to ensure that the victims of their behavior are furious with everyone except for them.
UPDATE: John Cole highlights what might be the most telling aspect of all of this: demands for a "Special Prosecutor" into Obama's so-called "relationship with ACORN" from the very same circles that vehemently objected to investigations into torture, illegal government spying, politicized prosecutions, military contractor theft, Lewis Libby's obstruction of justice, and virtually every other instance of Bush-era criminality. Those, of course, are the very same people who, before that, demanded endless inquiries into Whitewater and Vince Foster's "murder." There's nothing more valuable than petty, dramatic "scandals" to distract attention from what is actually taking place.
UPDATE II: The American Spectator's Joseph Lawler responds by claiming that the tea-party movement is every bit as devoted to combating the extreme corporate influences I highlight here as it is the likes of ACORN ("it is the same right wing that uncovered ACORN's crimes that opposed the same marriage of state and big business that Greenwald complains about"). Sorry, but that's just ludicrous. I have no doubt that there are people attending these protests who are non-partisan, non-discriminating and principled in their opposition to government corruption, expansion and excesses. That's because there's no real coherent message to these protests; it's just amorphous anger which likely has numerous causes among the various participating constituents: Ron-Paul libertarians, paleoconservatives, LaRouchians, Southern race resenters, social conservatives, GOP operatives, standard dittohead liberal-haters, etc. Each group has a different agenda, often wildly divergent. The only thing they seem to have in common is that they hate Obama.
But look at who the lead supporters are: Rush Limbaugh, the Murdoch-owned Fox News, Glenn Beck, the right-wing blogosphere and talk radio generally, business groups led by Dick Armey. Does anyone actually believe that what motivates them is concern over the excessive, corrupting influence of Wall Street and large corporations in government? Please. They are pure GOP partisans who are exploiting citizen anger to undermine Democratic politicians in order to return the GOP to political power. It's nothing more noble or profound than that. In fact, many of the movement leaders are among the most vocal advocates for unfettered corporate power. From the expansions of the Surveillance State and endless imperial power to strident opposition to lobbyist reforms, they support the very policies that most empower those corrupting groups and further the government-corporate merger. If they're so concerned about excessive government power, debt and corporate influence and corruption, where were they during the Bush era? Cheering it all on. They didn't discover their "small-government principles" until Barack Obama was inaugurated and it became a means for undermining his administration and recovering from Republican political ruin.
As for ACORN, nobody is apologizing for them or suggesting that they've done nothing wrong. Any group that large will have individuals in it who do bad things. The issue is one of proportion. If someone ostensibly opposes government waste and unfairness in tax policy yet spends most of their time focusing on a tiny group that helps the poor and receives a miniscule amount of government money -- all while ignoring or even revering the enormous, omnipotent industries which eat up trillions in taxpayer waste and dwarf the impact of ACORN by many, many magnitudes -- then any rational person would question what the real motives are [and the claim that ACORN is "Now Eligible for up to $8 billion" is pure Beckian deceit; they (like every other group in the U.S.) are theoretically "eligible" for any stimulus funds in the areas in which they work, but they haven't received a penny of it, and the chances they'd receive all or most of it are, and always have been, zero].
ACORN isn't just being mentioned in passing as something that needs an examination; it's dominating headlines and the obsessions of the Fox News movement, despite the fact that it's a tiny, microscopic drop in the bucket even when assessed by the principles the protesters claim to support (by a vote of 345-75, the Democratic-led House just joined the Senate in voting to cut off all funds to ACORN; I'm sure the courageous Congress will be doing that to Blackwater, KBR, Citibank, lawbreaking telecoms and many other corrupt corporations who own them any moment now). Claiming you're worried about large government and taxpayer waste while fixating on ACORN proves the insincerity of the ostensible concern, let alone doing so while cheering on the same Wall Street banks, defense contractors, and insurance industries that control and expand government power for their own benefit.
UPDATE III: For those who actually believe that Glenn Beck is some sort of small-government, privacy-defending, principled opponent of corporate welfare and corporate control over the government: see here (h/t Chris Sinnard).
Most people -- especially members of Congress who serve on a committee he chairs -- have a tough time pulling one over on Rep. Barney Frank, D-Mass. And certainly, if they do succeed in doing so, they're sure to face his wrath. That's the position Rep. Michele Bachmann, R-Minn., finds herself in after she successfully offered an amendment that would restrict the flow of federal dollars to one of conservatives' favorite targets, ACORN.
The House Financial Services Committee, which Frank chairs, was marking up and voting on the Mortgage Reform and Anti-Predatory Lending Act of 2009 on Wednesday when Bachmann managed to get her amendment passed by voice vote. it specifically prohibits funding provided for in the bill from going to "any organization which has been indicted for a violation under Federal law relating to an election for Federal office; or any organization which employs applicable individuals."
Frank only caught on after Bachmann issued a press release announcing her victory in which she said, "Before we commit anymore (sic) taxpayers’ dollars, I want to ensure that organizations, such as ACORN, are prohibited from receiving funds while simultaneously facing charges of voter fraud and tax violations."
In a statement of his own, Frank said:
I made a mistake yesterday in not objecting to the Bachmann amendment. I did not read it carefully, and it was in the last minute that the amendment was accepted. It is a deeply flawed amendment and I am opposed to it.
Banning people from possible participation in government programs based on an indictment is a violation of the basic principles of due process, and I intend to offer a corrected amendment when the bill comes to the floor of the House next week.
That's certainly one reason to oppose the language of the amendment, but this also goes to a continuing misunderstanding on the right regarding the dynamic involved in ACORN-related fraud cases.
Look, ACORN is hardly squeaky clean. The brother of its founder embezzled $1 million, and no one bothered to inform law enforcement, or the group's board. And clearly it knows it has a problem with workers turning in falsified voter registrations, but has consistently failed to prevent that from happening again and again.
But ACORN isn't trying to steal elections, and it's not actively engaged in voter fraud. In fact, the fraud that's going on is being perpetrated upon ACORN by workers looking to get money from the group for hours they didn't work and voters they didn't actually register. The group's detractors frequently cite some of the ludicrous registrations that it has turned in over the years -- for people like players for the Dallas Cowboys, or even cartoon characters -- as evidence of ACORN's malevolence, but the people who are named in those documents are clearly never showing up to vote. They're just names on a form, ways for the employees who are defrauding the organization to make a buck they hadn't earned.
Separate from that -- and this may just be my reading of it -- the language of Bachmann's amendment seems to be faulty: It's in the wrong tense. The amendment says funds can't go to any organization that "employs" people who've been indicted for election fraud, so from my reading of it, it seems like the amendment would actually only affect ACORN if it decided not to fire employees who'd been indicted, or hired people who had been indicted before.
With the end of another hotly contested presidential race now in sight, both political parties are once again mobilizing legions of lawyers. In every swing state -- and even in a number of not-so-swing states -- there are already public-relations and legal battles in motion that could help determine whether thousands of ballots will be counted. It's been another campaign in which the Republican Party has whipped up a media frenzy over the mostly nonexistent problem of voter fraud -- a much-hyped concern that, in reality, could abet a far more serious threat: Republican dirty tricks aimed at suppressing voter turnout in heavily Democratic areas.
Voter suppression can be difficult to prove. Suppression tactics -- anything from purging voter rolls under suspicious circumstances to using various justifications to question the eligibility of potential voters -- are often the product of legal gray areas being exploited at the hands of local partisan officials. To date, no one has presented evidence of any nationally organized effort by the Republican Party to suppress Democratic votes. But there is little doubt that at local and regional levels -- in some potentially critical states on the electoral map -- there has been dubious activity that could result in the disenfranchisement of voters who would likely punch the ballot for Barack Obama.
The following guide collects recent reports of alleged suppression tactics across a dozen states, from Ohio to Virginia to Montana. If the Nov. 4 vote turns out to be another squeaker, the hottest spots to watch in the battle over the ballot box will likely be in some of these places.
OHIO
Number of Electoral College votes: 20
Status in current polls: Tossup
Suppression hot spots: Greene County; Columbus; Cleveland
On Oct. 17, a Republican fundraiser from Columbus filed suit against Ohio's Democratic secretary of state, Jennifer Brunner, in an attempt to force Brunner to verify the almost 700,000 voters who registered this year. The case quickly made its way to the Supreme Court where, in a unanimous decision, the court ruled that there were no legal grounds forcing newly registered voters to undergo a more stringent verification process.
Brunner had already come under fire in a Sept. 18 Op-Ed in the Akron Beacon Journal in which GOP leaders attacked her for refusing to register voters who had applied for absentee ballots using a confusing form sent out by the McCain campaign -- a decision they argued made Brunner guilty of suppression herself.
According to a report in the Dayton Daily News, Republican Gene Fischer, the sheriff of Greene County, provoked an uproar by attempting to figure out which students at a local black university planned to register and vote on Election Day. Fischer's legal representative during his ill-fated “investigation” was the county prosecutor -- also a former law partner of the chairman of John McCain’s Ohio campaign.
FLORIDA
Number of Electoral College votes: 27
Status in current polls: Tossup
Suppression hot spots: Hillsborough County; Miami-Dade County
According to an Oct. 8 article in the St. Petersburg Times, the voting status of 8,867 Floridians -- flagged by a new voting law requiring voters' names to match the ID numbers or Social Security numbers given in their registration forms -- was still up in the air. The effect of the new law, which passed three years ago but only took effect on Sept. 8, appears to be the disenfranchisement of Latin-American and African-American voters who comprise more than 50 percent of those whose voting status is being questioned. Voting rights activists say this is because Latinos and African-Americans have more unusual names and are therefore more at risk of being purged this way, due to typos. Reportedly there have been 3,247 more Democrats purged than Republicans.
In mid-September, Sasha Rethati of Southwest Florida’s public radio station WGCU accused the McCain campaign of voter caging -- the practice of using returned mailers to challenge the residency status of people who failed to collect their mail -- after it sent out mailers to Florida Democrats and independents. The McCain camp roundly denied caging, which would affect both those wealthy enough to live elsewhere during the summer and those economically disadvantaged voters who move their place of residence more often.
INDIANA
Number of Electoral College votes: 11
Status in current polls: Leaning red, but may be a tossup
Suppression hot spots: Lake County; northern Indiana
Indiana has a highly controversial voter ID law that makes it harder for poor voters to cast their ballots. The law was passed in April and was advocated for by Republican Secretary of State Todd Rokita, who voiced more concern about voter impersonation -- a crime that has never been reported in Indiana -- than about the fact that Indiana came in dead last for voter turnout in the 2004 presidential election.
Republican members of Indiana’s Election Board also reportedly attempted to block the opening of satellite election centers in northern Indiana’s Lake County. The centers, which make voting more accessible for those living in Gary, Hammond and East Chicago -- some of the more racially diverse towns in Indiana with significant African-American populations -- would have remained closed but for the Indiana Supreme Court’s Oct. 14 ruling mandating that they be opened.
PENNSYLVANIA
Number of Electoral College votes: 21
Status in current polls: Blue
Suppression hot spots: Philadelphia
Like many other states, Pennsylvania has been targeted by the GOP in the battle over ACORN registrations. After publicizing suspicions of the 140,000 new voters registered by the grass-roots advocacy group, the state GOP filed a suit on Oct. 17 demanding that the state review its registration systems and air public service announcements about voting requirements -- quite possibly intimidating first-time voters. In targeting ACORN, Republicans have conflated the issue of faulty voter registration forms with problems at the ballot box, which are protected by more stringent verification safeguards. As Democratic Gov. Ed Rendell's press spokesperson pointed out, "Just because Mickey Mouse fills out a registration form doesn't mean he gets to vote.''
Philadelphia city officials were also concerned about a flier tacked up on campuses and in minority neighborhoods that said law enforcement officials would be using the election to arrest people with outstanding warrants and parking tickets.
WISCONSIN
Number of Electoral College votes: 10
Status in current polls: Blue
Suppression hot spots: Statewide
On Sept. 10, the Wisconsin Attorney General, J.B. Van Hollen -- a McCain campaign state co-chair -- sued the state’s Government Accountability Board, demanding more stringent voter verifications. Members of the state's board and a Madison city clerk reportedly said that would likely disenfranchise many voters by causing long lines and confusion on Election Day. The case is ongoing.
The same week Van Hollen brought suit, the McCain campaign sent out a mailer to hundreds of thousands of Wisconsin voters that included a state application for an absentee ballot stamped with the address of a local clerk. Many of the clerks' addresses did not correspond with the places the mailers were sent, according to a Sept. 12 article in the Wisconsin State Journal. The mailers encouraged voters to apply for absentee ballots in places where they were not eligible. The McCain campaign said it was a mistake.
MICHIGAN
Number of Electoral College votes: 17
Status in current polls: Blue
Suppression hot spots: Macomb County; Detroit
In early September, James Carabelli, the chairman of the Macomb County Republican Party, allegedly told the Michigan Messenger that he would use a list of foreclosed homes to challenge the eligibility of voters. Carabelli later denied that he'd ever said anything of the sort, and filed a defamation suit against the paper.
Republican denials of wrongdoing in Macomb County continued even as a federal judge ordered the Republican secretary of state to restore the 1,438 new voters who had been purged from the voter roles after their voter cards had been returned labeled “undeliverable.” The Oct. 14 ruling put a stop to the illegal purging of voter lists within 90 days of the presidential election.
VIRGINIA
Number of Electoral College votes: 13
Status in current polls: Leaning blue
Suppression hot spots: Radford County; potentially statewide
The Roanoke Times reported that Tracy Howard, the Radford County registrar, was "paying special attention" to the voting status of college students, and that she posted a confusing questionnaire, actions that prompted a strong response from voters' rights groups. Those groups say that college students are being unfairly targeted, and that it could suppress turnout.
Meanwhile, a recent report by the Brennan Center for Justice highlighted Virginia’s stunning lack of preparedness for a major election. In a state that saw its voter turnout rise 266 percent from the 2004 election to the 2008 primaries, no law mandates that election workers be trained or that the state conduct a post-election audit.
COLORADO
Number of Electoral College votes: 9
Status in current polls: Leaning blue
Suppression hot spots: El Paso County; Denver; Boulder
An Oct. 9 New York Times article on voter purging singled out Colorado for illegally purging voters within 90 days of an election, during which time only voters who move out of state, die or are declared mentally unfit to vote can be removed from voting rolls. Of the 7,000 voters purged, 630 more Democrats were purged than Republicans and only 20 percent were purged due to death or relocation. Either a significant number of Coloradans suddenly went nuts or something went awry in the purging process.
In early October, confusion over Colorado’s voter registration form resulted in the rejection of some 4,800 new voter applications when applicants wrote in their Social Security numbers without checking a box saying that they would be using those Social Security numbers -- rather than their driver's license numbers -- to prove their citizenship. According to the Colorado Independent, all of these rejected voters live in the Democratic strongholds of Denver and Boulder.
Two weeks earlier, according to the Rocky Mountain News, the president of Colorado College received a memo stating falsely that out-of-state students who still claimed dependent status on their tax forms would be ineligible to vote.
NEVADA
Number of Electoral College votes: 5
Status in Current polls: Tossup
Suppression hot spots: Clark County
Republicans used the Oct. 7 raid of ACORN’s Las Vegas headquarters by law enforcement officials to fuel a furor about voter fraud, with local GOP officials calling into question the state's large number of new voter registrations (largely Democratic). Since the raid, which was conducted by the state’s "Election Integrity Task Force" and Nevada's Secretary of State Ross Miller, a Democrat who has also sought to quell suppression concerns within his own party, the Nevada Republican Party’s chairwoman has asked Miller to bar 2,300 voters she says filled out their registrations incorrectly. The fear of being rejected by election workers may scare new voters and voters registered by ACORN away from the polls.
NORTH CAROLINA
Number of Electoral College votes: 15
Status in current polls: Tossup
Suppression hot spots: Guilford County
RNC lawyers have alleged that ACORN has committed “rampant” voter registration fraud in North Carolina even though only .5 percent of the forms submitted were invalid. This accusation, as in Nevada, may have the effect of diminishing turnout among those legitimately registered by ACORN. It is also impossible to "straight ticket" vote on the presidential race, which may confuse newer voters.
MONTANA
Number of Electoral College votes: 3
Status in current polls: Tossup
Suppression hot spots: Missoula County; Indian reservations statewide
On Oct. 2, the Montana Republican Party challenged the registration of 6,000 voters -- mostly college students and Native Americans. On Oct. 9 a federal judge denied an injunction Montana Democrats had sought to stop Republicans from challenging any other voter registrations, but also instructed election officials to ignore the initial registration challenges by the GOP. The judge said the Montana Republican Party had challenged the voters with "the express intent to disenfranchise voters."
GEORGIA
Number of Electoral College votes: 15
Status in current polls: Red
Suppression hot spots: Statewide
When it comes to double-checking voter registrations, Georgia may take the prize. On Oct. 7, Republican Michael Astrue, the Social Security commissioner, announced that Georgia’s Department of Driver’s Services had sent the Social Security Administration 2 million requests for voter ID verification -- almost twice as many verification requests as any other state and over a quarter of the national total. Astrue’s announcement prompted the Department of Justice to warn Georgia officials that the flood of ID verifications amounted to a change in state policy unenforceable under the Help America Vote Act, which put the Department of Driver’s Services in charge of checking voter registrations in the first place. Republican Secretary of State Karen Handel, Georgia’s chief election officer, disputed the DOJ’s claim.
Georgia also has a controversial voter ID law that a U.S. District Court Judge compared to the poll taxes of the Jim Crow era.