Saturday, September 15, 2012

Bullies At The Ballot Box: Protecting The Freedom To Vote Against Wrongful Challenges And Intimidation

September 10, 2012

Protecting the freedom to vote for all eligible Americans is of fundamental importance in a democracy founded upon the consent of the governed. One of the most serious threats to the protection of that essential right is the increase in organized efforts, led by groups such as the Tea Party affiliated True the Vote and others, to challenge voters’ eligibility at the polls and through pre-election challenges. Eligible Americans have a civic duty to vote, and government at the federal, state, and local level has a responsibility to protect voters from illegal interference and intimidation. 
As we approach the 2012 elections, every indication is that we will see an unprecedented use of voter challenges. Organizers of True the Vote claim their goal is to train one million poll watchers to challenge and confront other Americans as they go to the polls in November. They say they want to make the experience of voting “like driving and seeing the police following you.”1 There is a real danger that voters will face overzealous volunteers who take the law into their own hands to target voters they deem suspect. But there is no place for bullies at the ballot box. 
Even in states with clear legal boundaries for challengers and poll watchers, too often these boundaries are crossed. Laws intended to ensure voting integrity are instead used to make it harder for eligible citizens to vote – particularly those in communities of color. Moreover, the laws of many states states fall short when it comes to preventing improper voter caging and challenges. This should concern anyone who wants a fair election with a legitimate result that reflects the choices of all eligible Americans.
Clear rules that protect voters from improper removal from the rolls by voter caging and challenging, as well as from intimidating behavior at the polls, can help prevent interference with voter rights. This report describes the threat posed by potential voter challenges in the 2012 elections, and assesses the extent to which ten key states — Colorado, Florida, Missouri, Nevada, New Hampshire, North Carolina, Ohio, Pennsylvania, Texas and Virginia — are prepared to protect the rights of eligible voters to cast a ballot in the face of such challenges. The ten states examined here include states where races are expected to be competitive, which makes voters in those states particularly vulnerable to challenges. We also survey states where a history of aggressive voter challenge programs in recent elections threatened to intimidate voters or interfere with their access to the ballot.

BulliesAtTheBallotBox Final

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