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Books by Rick
The Voting Wars: From Florida 2000 to the Next Election Meltdown (Yale University Press, coming summer 2012)
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The Fraudulent Fraud Squad: Understanding the Battle Over Voter ID: A Sneak Preview from "The Voting Wars: From Florida 2000 to the Next Election Meltdown
The Supreme Court and Election Law: Judging Equality from Baker v. Carr to Bush v. Gore (NYU Press 2003) NOW IN PAPER
Book introduction
Table of Contents
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Journal of Legislation Symposium on book
The Glannon Guide to Torts: Learning Torts Through Multiple-Choice Questions and Analysis (Aspen Publishers 2d ed. 2011)
Election Law--Cases and Materials (4th edition 2008) (with Daniel Hays Lowenstein and Daniel P. Tokaji
Remedies: Examples & Explanations (Aspen Publishers, 2d ed. 2010)Election Law Resources
Election Law--Cases and Materials (4th edition 2008) (with Daniel Hays Lowenstein and Daniel P. Tokaji)
Election Law Journal
Election Law Listserv homepage
Election Law Teacher Database
Repository of Election Law Teaching Materials (2011 update)
Blogroll/Political News Sites
All About Redistricting (Justin Levitt)
American Constitution Society
Balkinization
Ballot Access News
Brennan Center for Justice
The Brookings Institution's Campaign Finance Page
Buzzfeed Politics
California Election Law (Randy Riddle)
Caltech-MIT/Voting Technology Project (and link to voting technology listserv)
The Caucus (NY Times)
Campaign Legal Center (Blog)
Campaign Finance Institute
Center for Competitive Politics (Blog)
Center for Governmental Studies
Doug Chapin (HHH program)
Concurring Opinions
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Votelaw blog (Ed Still)
Washington Post Politics
Why Tuesday?
Recent Newspapers and Magazine Commentaries
The Real Loser of the Scott Walker Recall? The State of Wisconsin, The New Republic, April 13, 2012
A Court of Radicals: If the justices strike down Obamacare, it may have grave political implications for the court itself, Slate, March 30, 2012
Of Super PACs and Corruption, Politico, March 22, 2012
Texas Voter ID Law May Be Headed to the Supreme Court, Fort Worth Star-Telegram, Mar. 13, 2012
“The Numbers Don’t Lie: If you aren’t sure Citizens United gave rise to the Super PACs, just follow the money, Slate, Mar. 9, 2012
Stephen Colbert: Presidential Kingmaker?, Politico, Mar. 5 2012
Occupy the Super PACs; Justice Ginsburg knows the Citizens United decision was a mistake. Now she appears to be ready to speak truth to power, Slate, Feb. 20, 2012
Kill the Caucuses! Maine, Nevada, and Iowa were embarrassing. It’s time to make primaries the rule, Slate, Feb. 15, 2012
The Biggest Danger of Super PACs, CNN Politics, Jan. 9, 2012
This Case is a Trojan Horse, New York Times "Room for Debate" blog, Jan. 6, 2012 (forum on Bluman v. FEC)
Holder's Voting Rights Gamble: The Supreme Court's Voter ID Showdown, Slate, Dec. 30, 2011
Will Foreigners Decide the 2012 Election? The Extreme Unintended Consequences of Citizens United, The New Republic (online), Dec. 6, 2011
Disenfranchise No More, New York Times, Nov. 17, 2011
A Democracy Deficit at Americans Elect?, Politico, Nov. 9, 2011
Super-Soft Money: How Justice Kennedy paved the way for ‘SuperPACS’ and the return of soft money, Slate, Oct. 25, 2012
The Arizona Campaign Finance Law: The Surprisingly Good News in the Supreme Court’s New Decision, The New Republic (online), June 27, 2011
New York City as a Model?, New York Times Room for Debate, June 27, 2011
A Cover-Up, Not a Crime. Why the Case Against John Edwards May Be Hard to Prove, Slate, Jun. 3, 2011
Wisconsin Court Election Courts Disaster, Politico, Apr. 11, 2011
Rich Candidate Expected to Win Again, Slate, Mar. 25, 2011
Health Care and the Voting Rights Act, Politico, Feb. 4, 2011
The FEC is as Good as Dead, Slate, Jan. 25, 2011
Let Rahm Run!, Slate, Jan. 24, 2011
Lobbypalooza,The American Interest, Jan-Feb. 2011(with Ellen P. Aprill)
Election Hangover: The Real Legacy of Bush v. Gore, Slate, Dec. 3, 2010
Alaska's Big Spelling Test: How strong is Joe Miller's argument against the Leeza Markovsky vote?, Slate, Nov. 11, 2010
Kirk Offers Hope vs. Secret Donors, Politico, November 5, 2010
Evil Men in Black Robes: Slate's Judicial Election Campaign Ad Spooktackular!, Slate, October 26, 2010 (with Dahlia Lithwick)
Show Me the Donors: What's the point of disclosing campaign donations? Let's review, Slate, October 14, 2010
Un-American Influence: Could Foreign Spending on Elections Really Be Legal?, Slate, October 11, 2010
Toppled Castle: The real loser in the Tea Party wins is election reform, Slate, Sept. 16, 2010
Citizens United: What the Court Did--and Why, American Interest, July/August 2010
The Big Ban Theory: Does Elena Kagan Want to Ban Books? No, and She Might Even Be a Free Speech Zealot", Slate, May 24, 2010
Crush Democracy But Save the Kittens: Justice Alito's Double Standard for the First Amendment, Slate, Apr. 30, 2010
Some Skepticism About the "Separable Preferences" Approach to the Single Subject Rule: A Comment on Cooter & Gilbert, Columbia Law Review Sidebar, Apr. 19, 2010
Scalia's Retirement Party: Looking ahead to a conservative vacancy can help the Democrats at the polls, Slate, Apr. 12, 2010
Hushed Money: Could Karl Rove's New 527 Avoid Campaign-Finance Disclosure Requirements?, Slate, Apr. 6, 2010
Money Grubbers: The Supreme Court Kills Campaign Finance Reform, Slate, Jan. 21, 2010
Bad News for Judicial Elections, N.Y. Times "Room for Debate" Blog, Jan., 21, 2010
Read more opeds from 2006-2009
Forthcoming Publications, Recent Articles, and Working Papers
Fixing Washington, 126 Harvard Law Review (forthcoming 2012) (draf available)
What to Expect When You’re Electing: Federal Courts and the Political Thicket in 2012, Federal Lawyer, (forthcoming 2012)( draft available)
Chill Out: A Qualified Defense of Campaign Finance Disclosure Laws in the Internet Age, Journal of Law and Politics (forthcoming 2012) (draft available)
Lobbying, Rent Seeking, and the Constitution, 64 Stanford Law Review (forthcoming 2012) (draft available)
Anticipatory Overrulings, Invitations, Time Bombs, and Inadvertence: How Supreme Court Justices Move the Law, Emory Law Journal (forthcoming 2012) (draft available)
Teaching Bush v. Gore as History, St. Louis University Law Review (forthcoming 2012) (symposium on teaching election law) (draft available)
The Supreme Court’s Shrinking Election Law Docket: A Legacy of Bush v. Gore or Fear of the Roberts Court?, Election Law Journal (forthcoming 2011) (draft available)
Citizens United and the Orphaned Antidistortion Rationale, 27 Georgia State Law Review 989 (2011) (symposium on Citizens United)
The Nine Lives of Buckley v. Valeo, in First Amendment Stories, Richard Garnett and Andrew Koppelman, eds., Foundation 2011)
The Transformation of the Campaign Financing Regime for U.S. Presidential Elections, in The Funding of Political Parties (Keith Ewing, Jacob Rowbottom, and Joo-Cheong Tham, eds., Routledge 2011)
Judges as Political Regulators: Evidence and Options for Institutional Change, in Race, Reform and Regulation of the Electoral Process, (Gerken, Charles, and Kang eds., Cambridge 2011)
Citizens United and the Illusion of Coherence, 109 Michigan Law Review 581 (2011)
Aggressive Enforcement of the Single Subject Rule, 9 Election Law Journal 399 (2010) (co-authored with John G. Matsusaka)
The Benefits of the Democracy Canon and the Virtues of Simplicity: A Reply to Professor Elmendorf, 95 Cornell Law Review 1173 (2010)
Constitutional Avoidance and Anti-Avoidance on the Roberts Court, 2009 Supreme Court Review 181 (2010)
Election Administration Reform and the New Institutionalism, California Law Review 1075 (2010) (reviewing Gerken, The Democracy Index)
You Don't Have to Be a Structuralist to Hate the Supreme Court's Dignitary Harm Election Law Cases, 64 University of Miami Law Review 465 (2010)
The Democracy Canon, 62 Stanford Law Review 69 (2009)
Review Essay: Assessing California's Hybrid Democracy, 97 California Law Review 1501 (2009)
Bush v. Gore and the Lawlessness Principle: A Comment on Professor Amar, 61 Florida Law Review 979 (2009)
Introduction: Developments in Election Law, 42 Loyola of Los Angeles Law Review 565 (2009)
Book Review (reviewing Christopher P. Manfredi and Mark Rush, Judging Democracy (2008)), 124 Political Science Quarterly 213 (2009).
"Regulation of Campaign Finance," in Vikram Amar and Mark Tushnet, Global Perspectives on Constitutional Law (Oxford University Press (2009)
More Supply, More Demand: The Changing Nature of Campaign Financing for Presidential Primary Candidates (working paper, Sept. 2008)
When 'Legislature' May Mean More than''Legislature': Initiated Electoral College Reform and the Ghost of Bush v. Gore, 35 Hastings Constitutional Law Quarterly 599 (2008) (draft available)
"Too Plain for Argument?" The Uncertain Congressional Power to Require Parties to Choose Presidential Nominees Through Direct and Equal Primaries, 102 Northwestern University Law Review 2009 (2008)
Political Equality, the Internet, and Campaign Finance Regulation, The Forum, Vol. 6, Issue 1, Art. 7 (2008)
Justice Souter: Campaign Finance Law's Emerging Egalitarian, 1 Albany Government Law Review 169 (2008)
Beyond Incoherence: The Roberts Court's Deregulatory Turn in FEC v. Wisconsin Right to Life, 92 Minnesota Law Review 1064 (2008) (draft available)
The Untimely Death of Bush v. Gore, 60 Stanford Law Review 1 (2007)
Articles 2004-2007
Category Archives: fraudulent fraud squad
George Soros’ Vast Election Fraud Conspiracy
Matthew Vadum and Kevin Mooney [corrected] write, in which the Advancement Project replaces the Secretary of State project as Soros’s tool.
I discuss the demise of the Secretary of State project, and the right’s obsession with Soros, in Chapter 4 of The Voting Wars.
“Vote fraud targeted by new Pa. voter ID law no longer common”
Then there’s absentee voting. David Oh, now a freshman on City Council, had sought office in 2007 and had a solid lead in unofficial tallies from voting machines. Yet it became a 122-vote loss – thanks to hundreds of absentee ballots, dozens of them “voting for exactly the same candidates, filled out in exactly the same way,” Oh recalls.
Wider problems with absentee ballots led a federal judge to overturn results of a key Philadelphia legislative race in 1993, deciding which party controlled the State Senate. Republican Bruce Marks was declared the winner over Democrat Bill Stinson after Judge Clarence Newcomer found forgeries and other problems affecting hundreds of ballots – about 90 percent of which favored Stinson.
The new law does add ID requirements for issuing absentee ballots, which could have helped curb the abuses suspected in the 2007 race and documented in 1993.
But the law’s main provision, requiring the state’s 8.2 million registered voters to produce drivers’ licenses or other official forms of photo ID, appears to target a kind of fraud that by all accounts hasn’t cropped up in recent years in the city or state.
“The phrase used is voter impersonation, where John Doe pretends to be Henry Jones in order to cast a vote,” Harvey said. “No one has identified any such cases, certainly in Philadelphia, in my time frame.” Harvey is 75.
The Administrative Office of Pennsylvania Courts reported last month that there had been no convictions for voter impersonation or voter fraud in Pennsylvania in the last five years. And at a recent budget hearing, when Corbett’s secretary of the commonwealth, Carol Aichele – who as head of the Department of State oversees elections – was asked about evidence of voter fraud in the state, she said she wasn’t aware of specific cases, adding, “There is no method to detect or deter voter fraud.”
Fraudulent Fraud Squad Quote of the Day
“Most fraudsters are smart enough to have their accomplices cast votes in the names of dead people on the voter rolls, who are highly unlikely to appear and complain that someone else voted in their place.”
–John Fund, providing no evidence for the claim about “most fraudsters” and predictably relying on the Fort Worth case.
I’d love to see the evidence of a single election in the last quarter of a century in which in person impersonation voter fraud using dead people affected the outcome of an election.
The Vote Fraud Denier Network
No, that’s not a new cable channel. It’s “the ACORN-affiliated Project Vote, Advancement Project, Asian American Legal Defense Fund (AALDF), Asian Pacific American Legal Center, Brennan Center for Justice, Common Cause, DEMOS, League of Women Voters, Mexican American Legal Defense and Education Fund (MALDEF), the Lawyers Committee for Civil Rights Under the Law, NAACP Legal Defense Fund, and National Association of Latino Elected and Appointed Officials (NALEO).”
That’s according to J. Christian Adams, who also told a “True the Vote” conference that the “vote fraud deniers” “are liars. Give no quarter. The war between the righteous and the deceivers is as old as time. Don’t let them set the narrative…race will be used as a weapon.”
Artur Davis Joins the “True the Vote” Crowd
Just wow.
Politifact Texas Rates Texas AG’s Claims on Voter Fraud Convictions Half-True
See here.The report says that there were two prosecutions for “voter impersonation” (It was not clear to me from the story if there were any convictions). I want much more detail on these claims,how they arose, and whether they led to any convictions.
All of this information, of course, will be looked at closely in the current DC court trial on whether Texas’s new voter id law violates section 5 of the Voting Rights Act.
“A Vote for Universal Registration”
Katrina vanden Heuvel has written this column for WaPo.
“Conservative Group With Abramoff Scandal Ties Picks Up Voter ID Issue Where ALEC Left Off”
TPM: “The National Center for Public Policy Research announced this week it had formed a ‘Voter Identification Task Force’ to continue ALEC’s ‘excellent work’ in ‘promoting measures to enhance integrity in voting.’ Describing itself as a ‘conservative, free-market, non-profit think-tank,’ the group was established in 1982.”
“While several conservative organizations have taken up the issue of voter identification, no national group that considered voter ID their central issue has existed since the American Center for Voting Rights disappeared back in 2007. More recently, the Tea Party group True the Vote has held a national conference to address the issue and James O’Keefe’s Project Veritas has produced a number of “undercover” videos in an attempt to show why they believe voter ID laws are necessary.”
Listen to Fund, Gaskin, and Hasen on Voter ID
Here, at KPCC’s Patt Morrison show.
“How Artur Davis Learned to Stop Worrying and Team Up With Pro-Voter ID Tea Partiers”
“Activist’s Undercover Videos on Rules for Voter IDs Lead to an Investigation”
“The Breitbart ‘Voter Fraud’ Video Proves Absolutely Nothing”
The Business Insider reports.
“O’Keefe’s Video On “Eric Holder’s Ballot”: Still Not Voter Fraud”
John Fund Revs Up the Voter Fraud Talk
Must be election season. This is nothing new for Fund.
“The Democrats’ Election Forgery Racket”
Michelle Malkin: “Behind the scenes, Democrats have been busy faking petition signatures, forging ballots and enlisting medical professionals to authorize fraudulent doctors’ notes for liberal teachers-union operatives protesting Republican opponents. It’s no laughing matter.”
“Santorum To ThinkProgress: ‘The Only Reason You Don’t Have A Voter ID Is You Want To Continue To Perpetrate Fraud’”
“Why Do Liberals Fear Discussing the Truth of Voter ID?”
Michael Thielen digs himself deeper into a hole. The released chapter of my forthcoming book discusses the best academic studies available on voter i.d. The simple reason my book does not cite any evidence from the Carter-Baker commission is its age: it predates the Indiana voter i.d. law (the first of the stricter voter id laws implemented). Instead, I focus on the actual empirical work on voter id, including important work by Pitts, Erikson and Minnite, and Ansolabehere and Persily. There is no original empirical research in the Carter-Baker report: only (unsubstantiated) claims about voter confidence, claims which Ansolabehere and Persily tested in an article published later in the Harvard Law Review.
The truth?
Virtually no evidence that voter i.d. laws prevent the kind of fraud (in person, impersonation voter fraud) which is a serious threat in American elections.
No evidence of a link between voter i.d. laws and voter confidence.
The chapter explains these points in detail. I have yet to see good empirical evidence refuting either of these two points. Certainly nothing in Carter-Baker does.
And, for the record, I have come out before and in the last chapter of the book I will come out again in favor of a national voter identification card, with all the costs paid for by the government, and registration conducted by the government (not third party groups) and the optional use of a thumbprint instead of the voter identification card for voters who choose to use it. This would be part of a package of fundamental reforms to make our election system more uniform, efficient, and fair.
On Voter Impersonation for Voter ID, Evidence Even Less than Think Progress Says
Think Progress has a new post entitled: Texas Had ‘Fewer Than Five’ Voter Impersonation Cases Over Three Years. But that headline implies that at least one of these cases had merit. But there were only five complaints, and some or maybe even all such complaints are without merit. Think of those “dead” South Carolina voters.
The San Antonio Express-News, reported that: “The Texas attorney general’s office did not give the outcome of the four illegal voting complaints that were filed. Only one remains pending, according to agency records.”
Better headline, at least until the AG’s office releases more info: Texas Had Perhaps ZERO Voter Impersonation Cases Over Three Years.
“Ken Blackwell: Holder’s ‘All-Out War’ on Voter IDs Is Obama Re-election Tool”
Are All Supporters of Voter ID Laws Racist?
Michael Thielen asks if Jimmy Carter is a racist because he too supports (or supported) voter identification requirements. Nowhere in my released chapter or upcoming book do I make a claim that all supporters of voter i.d. laws are racist. I don’t believe that’s true. Indeed, I have seen nothing from Hans von Spakovsky on voter i.d. which I count as race-baiting.
But there’s also no question that some proponents of voter identification have played the race card, as detailed in the chapter. Consider Thor Hearne’s now-defunct American Center for Voting Rights, and its highlighting of fraudulent voter registrations by “Jive F. Turkey, Jr.” and allegations that the NAACP and ACORN were involved in conspiracies to pay voter registrars with crack cocaine. (This is all based upon a single incident described in detail in my book and which shows absolutely no organizational effort to do so.) And then there are are the 2010 comments of Dick Armey on FOX about fraud in “urban” areas, and other language I highlight which appears to me to be race-baiting.
My problem with von Spakovsky’s writing on voter i.d. has nothing to do with race, and everything to do with his claiming that voter identification laws are supported by a purpose in preventing impersonation voter fraud—a type of fraud which, as I argue in the chapter is both illogical and unsupported by any real evidence of any systemic problem. (And yes, I deal with the question of how we might know if fraud exists if people try to hide it.) As will be clear in other parts of the book, von Spakovsky’s motivation here and elsewhere in the election administration world is partisan, not racist. More on that when the book appears this summer.
I’d love to see Mr. Thielen address the claims I made in the chapter about the prevalence of the type of voter fraud which a voter id could prevent, rather than try to associate me with ideas with which I disagree. He suggests I agree with comments of Al Sharpton and others about how these laws are the new Jim Crow. As any regular readers of my blog know, I have fought this analogy very hard (most recently today) and have been quoted in newspaper’s rejecting Congresswoman Wasserman-Schultz’s and other Democrats’ use of the “Jim Crow” analogy to voter i.d. laws. Let’s talk about the issue of voter i.d. on the merits. Is it justified by a real issue of voter fraud or to preserve voter confidence? I say no for substantive reasons in my chapter.
(As an aside, the Carter-Baker report, which recommended identification requirements only if steps were taken to insure everyone could easily get an i.d., was flawed both as a process and a document. I served as an academic “advisor” to the group. I’d suggest anyone interested check out Commissioner Spencer Overton’s CarterBakerDissent.com site. Spencer was not even allowed to include his full dissent in the Carter-Baker report itself.)
“Republicans, Democrats and Voter ID”
Warren Olney’s excellent “To the Point” show featured this segment. I had hoped to be on, but I had a teaching conflict. But a great line-up, and online resources. See below:
Main Topic
Republicans, Democrats and Voter ID (12:07PM)
In 16 states, Repubican-dominated legislatures have tightened access to the polls. Pennsylvania’s become the ninth state to require voters to provide photo identification, and Virginia — another swing state — could be next. Republicans say they’re trying to combat rampant fraud in the electoral process. But Democrats and the Obama Justice Department say there’s little evidence of a problem. They insist that new voter ID laws are designed to make it harder for Democrats to cast their ballots, including minorities and especially Hispanics. We look at an issue as old as democracy. Could it be decisive in this year’s presidential election?
Guests:
- Lawrence Norden: New York University Law School, @BrennanCenter
- Hans von Spakovsky: Heritage Foundation, @HvonSpakovsky
- Jon Husted: State of Ohio, @OhioSOSHusted
- Jonathan Chait: New York magazine, @jonathanchait
- Hilary Shelton: NAACP, @HilaryOShelton
Links:
- CalTech/MIT on voter registration and its effect on turnout
- 1984 NY Grand Jury report on voter fraud, Election Law blog on
- Von Spakovsky on voter fraud in New York
- Crawford et al. v. Marion County Election Board (Indiana voter ID case), US Supreme Court on
- Arthur Davis on voter ID, Huffington Post on
- Chait on declining Republican power and the nonwhite electorate
- Help America Vote Act
Dept of Ad Hominem Attacks
So according to the post-Breitbart Big Government site, I attack Hans von Spakovsky’s tactics in drumming up voter fraud allegations in my Fraudulent Fraud Squad preview of my forthcoming book because von Spakovsky has a “name that sounds like the bad guy in Raiders of the Lost Ark.”
A remarkably content-free critique of the chapter, which fails to grapple with its central point: that there are no actual cases of significant impersonation voter fraud that merit the voter I.D. laws, even if the harm from those laws is less than some Democrats claim.
And I would encourage readers to look at the specific examples of von Spakovsky’s activities (along with the activities of John Fund, Thor Hearne, and others) and make a judgment for themselves.
Voter Fraud Claims, Voter Suppression Claims and False Equivalence in the Voter ID Debate
I have been getting a lot of pushback from Democrats and those on the left recently about some recent posts, my book chapter, and a recent oped of mine on the subject of voter identification laws. The essence of the complaint is that I’ve drawn a false equivalence between spurious Republican claims of voter fraud offered to justify new strict voter identification laws and exaggerated Democratic claims of the extent to which such laws are likely to actually deter Democratic voters from voting. One prominent Democrat accused me of a false evenhandedness as a “media strategy” for my upcoming book. Another Democrat writes that there is a problem with my writing because it implies a parallel in which engaging in voter suppression and fighting voter suppression are seen as morally equivalent acts, and that I’ve just thrown up my hands and lamented how both sides are acting in a ridiculous way.
This was a change of pace for me, after having heard a prominent Republican complain about my book (which the person read in draft form) that it was too one-sided in favor of Democrats and that I missed my “Nixon in China” moment, and reading this complaint about my book chapter that it is a “biased hatchet job” favoring Democrats because the chapter does not discuss the Carter-Baker report. I spend a great deal of time describing Hans von Spakovsky, Thor Hearne, the American Center for Voting Rights, and other members of the “fraudulent fraud squad” and how they manufactured a “voter fraud” epidemic, often with racial undertones, for partisan gain.
I was very conscious of the issue of bias and false evenhandness in writing the book. As I explain there, the book is harsher on Republicans than Democrats because Republicans have done more objectionable things in the Voting Wars over the last decade. I reject the idea of false evenhandedness in the name of nominal objectivity. But Democrats have hardly been innocent, and I offer specific examples in the book of spurious or exaggerated voter suppression claims on the Left.
On the specific issue of voter identification, I do believe that Republican actions have been worse than Democrats. While some Republican legislators likely believe the lies told about the pervasiveness of impersonation voter fraud, most do not and favor these strict rules for partisan advantage. In my recent oped I explain why I oppose these laws: they serve no purpose, Republicans support them for the wrong reason, the small effects of the laws can still matter in razor thin races, and the dignity of the voter requires not putting stumbling blocks in front of eligible voters even if it won’t matter to election outcomes.Especially because the full effects of such laws are unknown, we should not put such laws in place which serve no purpose.
But Democrats and those on the Left do themselves no favors when they engage in hyperbole and vastly exaggerate the likely effect of such laws. When a state puts a voter id law in place, many people will already have i.d. Some without i.d. will easily be able to get it, and some who could get i.d. won’t bother because they won’t be voting anyway. As I explain, the best studies have shown that so far at least, the laws have not deterred that many people from turning out. (Perhaps Texas’s law, aimed at students, will have a larger effect if it is put in place.)
Exaggerating the effects of voter suppression efforts has a number of bad consequences: (1) it makes legitimate arguments against voter identification harder for journalists and the public to accept (and remember we are dealing with a public which overwhelmingly supporters voter identification requirements at the polls); (2) it further undermines public confidence in the election process by keeping a cycle of accusations and counter-accusations going, adding to a media narrative of he said-she said rather than encouraging a search for the truth (a narrative made much worse by the presence of social media); and (3) it causes Democrats especially to have less faith in the electoral process by believing (the way many Republican voters do now about voter fraud) that voter suppression is pervasive.
So I think it is counterproductive to claim that potentially millions of people will be disenfranchised by a GOP “war on voting” in 2012. I think reasoned sober argument is likely to be both more effective and more accurate.
No, voter suppression and efforts to counter voter suppression are not equivalent. But Democrats and those on the left have some responsibility here too.
Get the Popcorn
The Fraudulent Fraud Squad is getting a new member: Sharron Angle.
Voter ID About to Become Law in PA: What’s Next?
See here. So let’s get the pattern straight, as this hits Pennsylvania, and soon Virginia.
1. Republican legislature passes voter identification law making spurious claims about how such a law is necessary to prevent voter fraud.
2. Democrats and good government groups object, arguing the measure is intended to suppress Democratic votes (true), and file lawsuits.
3. Democrats exaggerate the likely effects of the voter identification requirement on voter turnout.
4. Courts split on the legal question, often along the party lines of the judges.
Lovely, isn’t it?
“Hasen: Texas voter ID law may be headed to the Supreme Court”
My new oped in the Fort Worth Star-Telegram begins:
On Monday, the Justice Department blocked implementation of Texas’ new voter identification law. Texas said the law is a necessary measure to prevent voter fraud. Justice responded that the law is unnecessary and will have a disproportionate impact on Hispanic voters who are less likely to have identification. The issue is heading to federal court, and it could well be the U.S. Supreme Court that weighs in, just months after it intervened in Texas’s redistricting dispute.
So who’s right? As I explain in The Fraudulent Fraud Squad sneak preview of my forthcoming book The Voting Wars, Republican claims of a serious problem with voter impersonation are bogus. Many Republican legislators and political operatives support voter ID laws for two purposes: first, to depress Democratic turnout, and second to gin up the Republican base. But Democrats and those on the left sometimes inflate the potential negative effect of voter identification and other laws on voter turnout, especially among poor and minority voters. Just as Republicans use the scare of voter ID laws as a wedge issue to boost Republican turnout, Democrats use the scare of voter suppression to boost Democratic turnout.
Given the exaggeration on both sides, one might be tempted to say that there’s not much harm in the laws and so they should stand. I disagree, for four reasons.
“Republican Party Overmatched By Soros Backed ‘Vote Fraud Denier Industry’”
More paranoia.
Voter ID is Coming to Pennsylvania
“Minn. group claims voter impersonation bounty”
I think this example misses the point. There are document cases of impersonation fraud occurring with absentee ballots. Absentee ballots are stolen, misdirected, etc. What Minnesota Majority found is nothing new.
What is very hard to find, in contrast, and what is the only kind of fraud that a voter identification law stops, is in person (polling place) fraud.
As I explain here, such fraud is an illogical and inefficient way to steal an election.
If groups really cared about preventing voter fraud, they’d begin by heavily curtailing the use of absentee ballots, not the use of i.d. for polling place voting.
“The Voting Wars Special Preview”
Yale Press Log: :With Super Tuesday coming up on March 6th, election-related emotions are already running high, and as November slowly approaches, we can only expect them to rise further. Voters are concerned about everything from foreign policy to healthcare and gay marriage—but as Richard L. Hasen demonstrates in his forthcoming book, The Voting Wars: From Florida 2000 to the Next Election Meltdown, there is also plenty of controversy surrounding the elections themselves….”
“Dog In Voter Fraud Stunt Belonged To Heather Wilson Senate Campaign Staffer”
TPM: “The husband of a campaign staffer for a Republican candidate for Senate in New Mexico is under investigation for allegedly committing a felony by registering the couple’s dog to vote as part of a stunt to show how easy it could be to commit voter registration fraud.” (See also Doug Chapin’s Just Because You Can(ine) Doesn’t Make It Right.)
The incident reminded me of the U.S. Attorney’s scandal in New Mexico during the Bush years, where voter fraud was pushed to help Wilson’s candidacy. As I recently recounted in this post on the Fraudulent Fraud Squad sneak preview of my book:
Consider this quote … from a Republican operative in New Mexico to U.S. Attorney David Iglesias urging an indictment of an ACORN employee before the next election:
I believe the [voter] ID issue should be used (now) at all levels—federal, state legislative races and Heather [Wilson]’s race. . . . You are not going to find a better wedge issue. . . . I’ve got to believe the [voter] ID issue would do Heather more good than another ad talking about how much federal taxpayer money she has put into the (state) education system and social security. . . . This is the single best wedge issue, ever in NM. We will not have this opportunity again. . . . Today, we expect to file a new Public Records lawsuit, by 3 Republican legislators, demanding the Bernalillo county clerk locate and produce (before Oct 15) ALL of the registrations signed by the ACORN employee.
Iglesias did not bring that indictment as was sacked for his failure to pursue bogus voter fraud claims.
(The dog, by the way, is exceptionally cute.)
“How the South Carolina ‘dead voters’ hoax collapsed”
Must read expose of Fraudulent Fraud Squad, South Carolina edition.
“In South Carolina, New Report Finds No Evidence Of ‘Dead’ Voters”
Pam Fessler reports for NPR: “The South Carolina State Election Commission has just released its initial review of allegations from the state’s Department of Motor Vehicles that more than 950 deceased voters appeared to have ballots cast in their names after they died. And no surprise, the commission found that of the 207 cases reviewed, there was no evidence in 197 of them that fraudulent votes had been cast. The commission said that records in the other 10 cases were ‘insufficient to make a determination.’”
For blog readers, this is no surprise. What would be a surprise would be if people who complained about rampant voter fraud with dead voters in South Carolina when the initial report came out would come out and admit the error of their ways. Not counting on it.
Pam also covers the Murphy-von Spakovsky debate over voter id today at the National Press Club.
UPDATE: Pam has updated her post to include a quote from the state’s attorney general’s office that they are still on the hunt for dead voter fraud. Sigh.
Murphy and von Spakovsky Debate Voter ID at National Press Club
Laura Murphy of the ACLU debates Hans von Spakovsky of the Heritage Foundation at the National Press Club tomorrow. [No webcast.]
I tell some amusing stories about Hans von Spakovsky’s research and scholarship in this area in the “Fraudulent Fraud Squad” sneak preview chapter of my forthcoming book, The Voting Wars. You can also take a trip down memory lane with other members of the squad, including Thor Hearne, John Fund, Matthew Vadum, Dick Armey, Michelle Malkin, and Bradley Schlozman.
“Will Voter ID Laws Disenfranchise Democratic Voters?
David Firestone has written this post on the NYT “Loyal Opposition” blog about the sneak preview of my forthcoming book, The Voting Wars.
ICYMI: Dems May Exaggerate Voter ID Effects, But Laws Should Still Be Opposed
Last week, Yale University Press released a sneak preview from my forthcoming book, The Voting Wars. The preview is The Fraudulent Fraud Squad: Understanding the Battle Over Voter ID.
In connection with the release, I wrote two blog posts:
How many voters actually deterred by new Republican voting laws?
and
Jonathan Adler discussed the chapter on Volokh, and there are now 178 comments posted—many of which illustrate the intensity of partisan feeling in The Voting Wars. Similarly, there are 78 strong comments to Eric Black’s MinnPost article on my chapter.
“For and Against Voter ID—Exaggeration All Around”
Jonathan Adler blogs about The Voting Wars.
Reading the “Fraudulent Fraud Squad” without a Kindle; Reading “The Voting Wars” with a Kindle
I have been getting a number of emails asking me if it is possible to read the “Fraudulent Fraud Squad Understanding the Battle over Voter ID” sneak preview of my book (The Voting Wars) without owning a Kindle. The answer is yes. You can download software from Amazon in just a couple of minutes to be able to read Kindle files on your PC or Mac. (The book also should be sold in electronic form by others, but so far only Amazon has it.)
I have also been asked if The Voting Wars itself will be available on the Kindle. Right now you can preorder the hard copy at Amazon or Barnes and Noble (BN price currently lower). There will be a version for the Kindle and other electronic platforms. But preorders won’t be available until closer to the summer publication date.
Thanks for the interest in the book! I’ve been getting inquiries about a book tour and plan to hit a number of locations in the early fall.
“Who’s for (and against) voter photo ID, and why?”
Eric Black writes for MinnPost about voter id and my newly-released work, The Fraudulent Fraud Squad: Understanding the Battle Over Voter ID: A Sneak Preview from “The Voting Wars: From Florida 2000 to the Next Election Meltdown.
Now Available: eChapter of “The Voting Wars” About the Battle over Voter ID
I am very excited to announce that Yale University Press has ePublished “The Fraudulent Fraud Squad: Understanding the Battle Over Voter ID,” a sneak preview of The Voting Wars: From Florida 2000 to the Next Election Meltdown. The book itself will be published this summer (preorders http://amzn.to/y22ZTv (Amazon); http://bit.ly/z5PosP (Barnes and Noble); no preorders yet on the Kindle version of the entire book.)
The sneak peek from the book will be available in electronic form only. Right now you can get it from Amazon, and you can read it on the PC or MAC if you don’t have a Kindle. It should be available at Barnes and Noble and in other electronic formats shortly.
Here is my letter to the readers on the Amazon page explaining the chapter:
In 2000, the U.S. presidential election went into overtime as just a few hundred votes, out of millions cast, separated Republican George W. Bush from Democrat Al Gore in the state of Florida, whose twenty-five electoral votes determined the nation’s next president. For thirty-six days, the country was riveted and divided between Democrats and Republicans as the election went into overtime. Election contests, recounts, and almost two dozen lawsuits culminated in one of the most controversial Supreme Court decisions in U.S. history, Bush v. Gore. Everything related to the election controversy went under the microscope, from the varieties of election machinery, to the rules for vote-counting, to the poor drafting of Florida’s election statutes, to the partisan officials involved in the recount, to the role of the courts in resolving election disputes. Calls for reform came from everywhere, including the Supreme Court.
If you think that nearly a dozen years later the country would have fixed its problems with how we run our elections, you’d be dead wrong.
Since Florida we have witnessed a partisan war over election rules. The number of election-related lawsuits has more than doubled, and election time brings out inevitable accusations by political partisans of voter fraud and voter suppression. These allegations have shaken public confidence, as campaigns deploy armies of lawyers and the partisan press revs up whenever elections are expected to be close and the stakes are high.
We are just one razor-thin presidential election away from chaos and an undermining of the rule of law. In summer 2012, Yale University Press will publish my book, The Voting Wars: From Florida 2000 to the Next Election Meltdown, looking at these questions: How did we get here? Why haven’t things improved since 2000? How has the rise of the Internet and social media made the potential for a catastrophic electoral meltdown much worse? But the book won’t be out until this summer, and the public is hearing a lot of information—and misinformation—now about states adopting new, tough voter identification wars. The Fraudulent Fraud Squad: Understanding the Battle over Voter ID presents an excerpt from The Voting Wars for readers who want to get an immediate handle on the partisan fight over these controversial new voting requirements. Are they really needed to prevent fraud? Will they suppress the votes of thousands of Democratic voters? The answers might surprise you.
“The Real Fraud Behind Photo ID”
Lee Rowland: “When you scratch beneath the surface, you see that O’Keefe and others who make a living crying “fraud!” resort to manufacturing evidence of voter fraud that doesn’t otherwise exist — and potentially commit fraud in the process. If those who support photo ID are willing to commit fraud in the name of preventing it, maybe it’s time to stop taking these claims at face value. Like fool’s gold, the claims of widespread voter fraud are fast, cheap, and shiny — and collapse under close inspection.”
“DEAD WRONG? Claims of widespread ‘zombie voters’ in South Carolina start to unravel”
Facing South has this post.
“Support thin for voter ID bill; Secretary of state’s plan called unnecessary at best, misguided at worst”
The Des Moines Register reports.
“Fox’s South Carolina ‘Dead Voters’ Story Collapses”
Media Matters reports.
“Dead’ Voter Talking: O’Keefe Voter Fraud Stunt Confused 23-Year-Old For Dead 84-Year-Old”
TPM reports.
Quote of the Day
“I think it’s nonsense, nobody voted, and if they voted, they’re facing a five year jail sentence, and I think very few people would be willing to risk that…I think the whole thing is bullshit, frankly. It’s another one of these O’Keefe bullshit actions. Let them cast a vote, see what happens.”
–Frank Askin, speaking to TPM
Looks Like O’Keefe Allies Violated New Hampshire Law By Requesting a Ballot in the Name of Another; One Attempt at Voter Fraud Caught
Think Progress Justice explains the state law issue. The Boston Herald reports Would-be dead man voter stopped at polls. More from the WSJ Law Blog.
“Election Law Experts Say James O’Keefe Accomplices Could Face Charges Over Voter Fraud Stunt”
TPM reports on the latest stunt by James O’Keefe.
I hope that New Hampshire prosecutors investigate. Seriously.
Will Massive Voter Fraud Hit the Iowa Caucuses?
Absolutely not. But without voter id, how could members of the Fraudulent Fraud Squad be sure? Or is voter i.d. needed only in states with large, minority Democratic urban populations?
“If a Fraudulent Vote Falls in the Woods . . .”
This National Review piece makes a common argument that there could be lots of voter impersonation fraud but it is just too hard to detect.
I take this argument on directly in my forthcoming book, The Voting Wars. Briefly, the argument is not persuasive for two reasons. First, impersonation fraud is an illogical and inefficient way to steal elections (compared to, for example, vote buying through absentee ballots). Second, other types of fraud (such as vote buying through absentee ballots) are in fact caught and prosecuted, and there is no reason to suspect that impersonation fraud would be harder to catch. Indeed, it should be easier to catch, because it would involve a vast conspiracy of people showing up at the polls claiming to be either someone on the rolls or a falsely registered person (who under HAVA would have to produce ID as a first time voter).