Is The GOP Outsmarting Itself?

I know…”smart” isn’t a word that applies to today’s Republican Party, so “outsmarting” may be a misnomer. And while I don’t know the situation in Texas, there are reasons to think that efforts to further redistrict–further gerrymander–Indiana might well fall into the category of “be careful what you wish for.”

In Indiana’s last, highly partisan redistricting, it was notable that the GOP super-majority did not increase the number of presumably safe seats. In a conversation with a political science colleague, he explained that he saw that decision as a consequence of the fact that the pickings in rural Indiana are getting thin. Like many states, Indiana’s rural precincts are emptying out, so there just weren’t as many reliable Republican voters to constitute safe margins if additional districts were carved out.

The most important effect of gerrymandering, as I have frequently noted, is voter suppression. People in districts that are presumed safe for either party are less likely to vote. They are especially unlikely to cast a ballot if they favor the “loser” party, and more especially if the loser party fails to run a candidate. (There is actually data suggesting that, if turnout were more robust, many supposedly safe districts wouldn’t be safe.)

Trump’s approval ratings are abysmal–even his base of MAGA morons is showing signs of splintering. There is overwhelming data showing that, in midterms, when a President isn’t on the ballot, partisan True Believers are significantly less likely to vote. Even if Indiana simply keeps its current, extremely gerrymandered map, a decent turnout could deliver an unwelcome surprise to the Republican pooh-bas who think the state owes them their electoral positions.

The challenge to Hoosier Democrats is clear: boost turnout. Put every resource you can muster into GOTV–getting out the vote. That means running a candidate in every district, so that people have someone to vote for, and focusing messaging on the fact that a large number of so-called “safe” districts are only safe when Democrats and disaffected Republicans stay home.

And start now.

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Making Voting Hard

A fear often expressed by members of the Resistance is the possibility that Trump will declare a “national emergency” of some sort and use that declaration to cancel the midterm election. I don’t entirely discount that possibility, but I do think it is unlikely, for a number of reasons.

That said, the fear is reasonable, based on the GOP’s persistent assault on voters’ rights, and on its long history of vote suppression. The Brennan Center recently shared their study of the effects of those efforts, and the conclusions are depressing. It turns out that there are multiple ways of invalidating an election without actually cancelling it.

States have enacted dozens of laws that make it harder for citizens to vote. What impact will they have in next year’s vital midterm elections?

The Brennan Center has provided compelling evidence that these laws directly suppress the vote. And our newest research shows, even more significantly, that eligible voters turned away from casting a ballot once are much less likely to try again in later elections. They give up, it seems. Voter suppression can last years, perhaps a lifetime. That is a deeply disturbing finding, suggesting that even small effects of these new laws can cascade over time.  

Researchers looked at the results of S.B. 1, a Texas law making it more difficult to vote by mail. The state rejected thousands of mail ballot requests and mail-in votes during the 2022 primary. (Unsurprisingly the rejections were disproportionately those of nonwhite voters.)

They found that the voters whose ballots were rejected were 16 percentage points less likely to vote in the 2022 general election. “And the trend continued for the 2024 primary election — a full two years later.” As the report emphasized, “These citizens are not disinterested slackers. These are routine voters who have properly cast ballots year after year — 85 percent of those whose mail-in votes or ballot requests were rejected voted in the 2016, 2018, and 2020 general elections.”

This is one more strong piece of evidence that the recent wave of restrictive voting laws will have a great and growing impact. Last year, a Brennan Center study relying on a voter file with nearly 1 billion records showed that the gap between the participation rates of white voters and nonwhite voters has grown across the country — but grew at twice the rate in counties once monitored by a robust Voting Rights Act.

Some have suggested that the tumult over these new voting laws was sound and fury that ultimately signified little. Sure, they say, these laws may have had bad intent, but the impact was negligible.

As it turns out, voter suppression laws . . . suppress the vote. Who’d have thought it? 

If readers from central Indiana are interested in learning more about the impact of the GOP’s ongoing effort to suppress the vote, Common Cause is screening an important film at the Kan Kan theater on June 12th at 7:00 pm.

The documentary film, Vigilantes Inc, is based upon reporting done by investigative journalist Greg Palast, and it reveals how self-appointed “vote-fraud hunters” challenge the ballots of millions of voters–with a special emphasis on young voters and voters of color. There will be a discussion following the screening, featuring the filmmaker and Indiana advocates fighting voter suppression. 

You can buy tickets here.

As the Brennan Center article points out, the effects of long lines at a polling place, requirements to produce birth certificates or proof of citizenship, or “errors” disqualifying a ballot can effectively suppress an individual’s motivation to vote for years–even a lifetime.

Political analyst Michael Podhorzer has astutely observed that a “generational replacement” is being engineered: “Older and established voters keep up their voting habits, while new restrictions stymie younger voters.” Our research shows the effects of voter suppression on older voters, but it underscores how potent silent disenfranchisement can be…

The right kind of national legislation would expand access while strengthening election administration and security. The Freedom to Vote Act would set baseline national standards to ensure that ballots cannot be discarded for minor errors and discrepancies, and it would bar many state restrictions on mail and early voting. The John R. Lewis Voting Rights Advancement Act would restore the strength of the Voting Rights Act.

These reforms came achingly close to enactment a few years ago. We predicted then that if the federal courts and Congress did not protect the freedom to vote, states would be left unchecked to abuse the rights of their people. Sadly, that has happened. Congress should once again be prepared to act.

If your schedule permits, go see “Vigilantes” on June 12th. And vote for Democrats to take Congress next year, assuming there’s an election…

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Suppressing Hoosier Votes

The World’s Worst Legislature is coming to the end of this session, and we are beginning to see just how much damage it has inflicted and on whom.

Governor Holcomb has already signed the bill he described as “clear as mud,” depriving trans children of critically-important medical care. (That the measure was harmful and mean-spirited was clear.)

House bills still in the works will further enrich private (overwhelmingly religious) schools at the expense of the public schools that educate some 90% of Indiana children, although the Senate appears to have reconsidered.

And the Republicans who owe their seats to gerrymandering are passing measures to further suppress the vote.

According to the Cost of Voting study conducted by Northern Illinois University in 2020 Indiana’s restrictive voting laws make casting a ballot in the Hoosier state more difficult than most others. Our ranking was 41st in 2020 and if House Bill 1334 passes, it adds hurdles that are sure to get worse.

Sponsored by Rep. Tim Wesco, R-Osceola, the bill puts additional restrictions on voting by mail in Indiana, even though we already have laws in place that strictly limit access to a mail-in ballot.

The legislation’s worst section has been billed as an attempt to bring consistency to our voting laws by putting the same voter ID requirements in place for absentee-by-mail voting as those for in-person voting. In reality, this legislation is yet another attempt by the Republican supermajority to put additional hurdles in place before voters can access their ballot.

House Bill 1334 would require anyone using a paper form to apply to vote absentee by mail to include a copy of their Indiana driver’s license or include their voter identification number, which the form will suggest is the last four digits of the voter’s social security number.

That’s the first new hurdle that voters will have to scale because many of us don’t know what voter ID number is on file for us and it’s not always the last four digits of our social. This is particularly true for voters who have been registered at the same address for many years. That’s because Indiana didn’t start requiring voter registration applicants to provide any ID number until the early 2000s, when the statewide voter file was created and hundreds of thousands of voters were assigned a random voter ID number.

The author of the article goes on to explain that she is one of those “hundreds of thousands.” She’s been registered at the same address for over 20 years, but has no idea what her “randomly assigned number” might be. Under the just-passed bill, in order to complete all the information that will now be required on an application for an absentee ballot, she would need to contact the Marion County Election Board and get that information from them, inserting another step into the process.

Because I’m hyper-familiar with Indiana voting laws, I’ll know to make that call but most voters won’t have a clue. Instead, they will write down a number that may not match what’s on file for them, and their absentee ballot application will be rejected.  the legislation even anticipates that this problem is going to happen, because it requires a process be in place to “cure” defective applications.

The “cure” requires county voting officials to call the voter, explain the issue, and offer them the necessary information. But as the article accurately notes,

It’s important to remember that because our state puts limits on who can vote by mail, most Hoosiers who cast a mail-in ballot are elderly or disabled. They are least able to jump over new hurdles like providing a copy of a driver’s license or playing guess my Voter ID number with county officials.

That, of course, is the point.

Our Hoosier “Vote Suppression Is Us”legislature isn’t taking any chances. One of the least-understood consequences of gerrymandering is vote suppression– voters who live in districts that are considered “safe” for the party they don’t support are far less likely to cast a ballot. (If they all did, some of those districts wouldn’t be safe.) But just in case grandpa can’t get to the polls in his wheelchair but has the nerve to want to cast a ballot anyway, this legislation will make it much less likely that he will be able do so.

As usual, legislators piously claim that suppression efforts, like Voter ID, are meant to reduce “voter fraud”–a claim that is demonstrably bull****.  All credible evidence–including repeated academic studies–confirms that voter fraud is vanishingly rare.

Members of Indiana’s super-majority are simply intent upon retaining the ability to choose their voters, rather than acquiescing to a basic premise of democracy– the right of voters to choose their representatives.

They’re shameless.

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It’s Never That Simple

I recently dipped back into Howard Zinn’s “People’s History,” mostly to remind myself that the past was just as messy and unpredictable–and unfair and inequitable–as the multiple things that drive me bonkers today, and also to remind myself that frequently, “good guys” won and made life better for lots of the previously downtrodden.

During his description of the chaotic time leading up to the American Revolution, Zinn shared a quote from Thomas Paine that I didn’t remember seeing previously:

There is an extent of riches, as well as an extreme of poverty, which, by harrowing the circles of a man’s acquaintance, lessens his opportunities of general knowledge.

Paine was pointing to the phenomenon that today’s commentators call “living in a bubble”–something most of us do. It is very difficult to genuinely interact with people outside our circles: city folks rarely mingle with rural ones, or professionals with people in the trades or those performing more menial tasks. We may encounter people outside our bubbles, but encounters are not relationships; they aren’t “circles.”

I thought about that quotation, and the undeniable reality it reflects, when I read “The Myth that Everyone has an ID,” published at a site called “Civic Nebraska.”

The lede was essentially a restatement of Paine’s admonition:

The reality is, we don’t all live the same life. We don’t all have the same experiences. And we have to take that into account. We should make sure all voices are heard, and that the laws we put in place don’t cut people out, or make them second-class citizens. It’s our job to encourage them and protect them.”

That comes from our video Gavin’s Story: The Hidden Harm of Voter ID, and at the end of the day, it really is the central reason to not force Nebraskans into strict photo identification requirements at the ballot box. Despite the conventional wisdom and the assumption that everyone has a “proper ID,” the fact is that many Nebraskans don’t. This is true for any number of reasons; regardless, it’s never as simple as proponents of such strict identification measures make it out to be.

The article proceeded to look at the numbers and draw some unsettling conclusions. Given the state’s most recent population figures, the U.S. Census Bureau estimated 1,472,769 Nebraskans are of voting age.

How many of these Nebraskans already have IDs? According to the Department of Motor Vehicles, Nebraska had 1,418,301 licensed drivers who were 18 or older in 2021. That comes out to about 96 percent of voting-age Nebraskans. This sounds like “almost everyone,” until you consider what that represents in terms of individual people left behind by an unnecessary law. By our estimate, that could be as many as 54,500 potential Nebraska voters.

As the writer says, that’s not nothing.

It represents a lot of Nebraska voters – especially college students, low-income voters, disabled voters, rural voters, or any eligible voter who for whatever reason is without government-issued photo identification. These are our neighbors, friends, family, co-workers.

By the way, that’s a conservative number. It assumes people over 18 with learner’s permits, which allow a person to legally practice driving before applying for their driver’s license, are valid ID-holders. Throw those out for any reason, and the number of Nebraskans potentially without valid ID to vote is nearly 70,000. And, of course, this doesn’t include the untold number of Nebraskans who have state-issued IDs but who may have changed their name, address, or other feature in their life, likely rendering their currently held licenses invalid to vote.

The simple answer, of course, is to give everyone a free ID. As the article points out, “It’s a fine idea that will cost millions. Every year. Forever.” Given the overwhelming amount of research showing that in-person vote fraud is somewhere between minuscule and non-existent, that’s money that could be better spent elsewhere.( I’d suggest diverting it to accurate–i.e., non-Florida–civics education.)

These voter ID laws are widely approved by people whose “circles” all have IDs–people who find it difficult to understand why anyone wouldn’t have such documentation, and thus don’t consider the requirement to be a genuine impediment to voting.

Of course, those voter ID requirements are also strongly endorsed by Republicans, who are quite aware that the bulk of the people they are disenfranchising–college students, low-income voters, disabled voters–are disproportionately likely to cast a Democratic vote.

Thomas Paine was onto something….

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How To Suppress The Vote

I recently moderated an online discussion about vote suppression; it followed the showing of “Suppressed and Sabotaged: The Fight to Vote,” a documentary that was eye-opening. It turns out there are lots of ways to suppress votes that most of us don’t think about. The documentary illustrated a number of ways in which vote suppression has become more sophisticated—and less visible—since Reconstruction.

There are two main methods of discouraging the vote. The first is primarily aimed at minorities and poor people, who tend to vote Democratic, and focuses on making it as inconvenient as possible for the targeted people to cast ballots. The second is gerrymandering, which—among other pernicious things—suppresses the votes cast for whichever party is in the minority in a particular district, by convincing people in that party that their votes won’t count, so why bother.

And recently, just in case those methods don’t work, Trump partisans have come up with another tactic, triggered by belief in the “Big Lie.”

The film focused primarily on the first method, just making it more difficult to vote. Some of those tactics included shortening the window for requesting absentee ballots, making it harder to remain on the voter rolls, not sending mail ballots unless people specifically requested them, limiting drop boxes and early voting, closing polling places in minority neighborhoods…and ensuring that the ones that do remain open will have interminable wait times by sending them an insufficient supply of voting machines. (The film showed the enormous disparity in the number of voting machines available at polling places in minority neighborhoods versus white suburban ones.)

There are also a wide number of bureaucratic moves and “inadvertent errors” that can make it more onerous to cast a ballot if you are in a targeted community.

The second method of vote suppression is gerrymandering, which is more destructive of democratic representation than even most of its critics seem to recognize.

Gerrymandering, as you undoubtedly know, is the process of creating as many districts as possible favoring the party that controls the state legislature during redistricting. In some states, that’s the Democrats; in Indiana, it’s Republicans, and they’ve done a very good job of it; Indiana has been identified as one of the five most gerrymandered states. Indiana doesn’t have “one person one vote” because our districts have been drawn so that the rural areas where  most Republican voters live are vastly overrepresented.

As a result, in a depressingly large number of statehouse districts, the incumbent or his chosen successor is unopposed even by a token candidate. If you don’t have a candidate to vote for, why go to the polls? Indiana isn’t unique; In 2021, the Cook Report calculated that only one out of twenty Americans lived in a competitive Congressional District.

If all that wasn’t enough, in several states, Republicans pushing the Big Lie have embarked on yet another method of ensuring the victory of their candidates—placing partisans in the offices responsible for counting the votes. The GOP argues that vote fraud is widespread, despite reliable data showing that it is in fact extremely rare– and that the few scattered incidents that do exist don’t change results. (We also know that, despite hysterical accusations, non-citizens aren’t descending on polling places and casting votes for “the other side.”)

The real danger isn’t coming from people casting improper votes. The threat is that the people controlling the voting rolls and counting those votes will be dishonest, which is why a recent report from the Brennan Center is so concerning. This year, races for Secretary of State—the offices charged with administering the vote– are attract­ing far more atten­tion than in recent memory. And in state after state, including Indiana, those campaigns are focusing on elec­tion denial—Trump’s “Big Lie” as a cent­ral issue.

Money is flow­ing into these races at a rate not seen in recent memory–more than two and a half times the amount raised by the analog­ous point in 2018, and more than five times that of 2014. Brennan reports that elec­tion deniers in Arizona, Geor­gia, and Nevada are currently either in the lead or running a close second in fundrais­ing. National groups and donors are spend­ing on these races, includ­ing Donald Trump’s lead­er­ship PAC and others with ties to efforts to chal­lenge the 2020 result. Donors who haven’t previously given to secret­ary of state candid­ates are suddenly making major contri­bu­tions.

All of this activity is inconsistent with the notion that “We the People” elect our representatives. Instead, partisans—who are mostly but not exclusively Republicans these days— decide which people deserve to have their registrations honored and their votes accurately counted.

Something to think about in the run-up to the midterms…..

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