Voting Rights

Wicked Problems/Wicked Solutions

Ideas
Voter ID laws - in general and more restrictive ● Problems
ones coming out of 2020 ○ Voter Suppression
■ Voter ID
VRAA and For the People Act (especially as a ■ Roll purging
■ Closing polling locations/reducing
solution)
hours
■ Felon Disenfranchisement
A slide on legal statutes and frameworks on
○ Gerrymandering
voter registration ● Legislative Frameworks
○ Voter registration
Short slides on different problems and solutions ● Ways to expand participation
○ Early voting
Shelby v Holder ○ Mail in voting
● Robust Model Solutions
National Popular Vote Interstate Compact ○ HR 1
○ John Lewis Voting Rights Act (aka VRAA)
Slide about statistics (part of a problems slide)
Voter Suppression
Voter ID Laws
● 34 states have ID requirements; 7 states have strict photo ID requirements
● 11% of Americans do not have government-issued photo ID
○ 25% of African-American citizens of voting age vs. 8% of whites
● Enforced in discriminatory manner
○ Minority voters questioned about ID more frequently than white voters
○ States selectively reject forms of ID disproportionately held by Black voters
● Reduce voter turnout by 2-3% (tens of thousands of votes in a single state)
○ Especially reduce turnout among minority voters, widening racial participation gap
Voter Roll Purging
● Definition: the process of deleting names from voter registration lists
○ Legitimate reasons (e.g. people who have died, moved to other states) vs. illegitimate reasons
(e.g. people who have not voted recently, not responded to mailed notice)
● 16 million voters removed between 2014-2016 - 33% increase from
2006-2008
○ Highest increase in states with history of voter discrimination
Inaccessible Polling Locations
● Closing, consolidating, relocating, and reducing hours for polling locations
○ Since Shelby v. Holder, nearly 1,700 polling locations closed across 13 states
○ Done without advance notice
○ Consequences: confusion, hours-long lines, lower voter turnout
● Polling locations are inaccessible for voters with disabilities
○ Only 40% of polling locations have accommodations
Felony Disenfranchisement
● As of 2016, 6.1 million Americans were unable to vote due to felony
disenfranchisement
● 48 states restrict voting rights of people with a felony conviction; 11 states
continue to restrict voting rights even after sentences have been served
○ 77% of disenfranchised voters live in their communities
● Disproportionately impacts BIPOC Americans
○ 1 in 13 Black Americans are disenfranchised nationally; 1 in 5 in FL, KY, TN, VA
Statutory Frameworks
Statutory Frameworks
Constitutional Clause

National Voter Registration Act (Motor Voter Act)

Voting Rights Act

Help America Vote Act

National Popular Vote Interstate Compact

 "The Times, Places and Manner of holding Elections for Senators and
Representatives, shall be prescribed in each State by the Legislature thereof; but
the Congress may at any time by Law make or alter such Regulations, except as
to the Places of chusing Senators."

Article 1, Section 4, Clause 1 of the US Constitution

National Voter Registration Act (aka Motor Voter Act)
● Requires states to offer voter registration at the DMV
● Provides safeguards, restrictions, and regulations
○ Requirements for how states maintain voter registration lists
○ Explicitly allows for the removal from voter rolls people who have been convicted of crimes
Voting Rights Act
● Direct AG to sue states over 24th Amendment (poll taxes)
● Bilingual ballot support
● General provisions outlawing discrimination
○ Can use a disparate impact analysis to prove
● Preclearance
“Throwing out preclearance
when it has worked and is
continuing to work to stop
discriminatory changes is like
throwing away your umbrella
in a rainstorm because you
are not getting wet.” - RBG
Help America Vote Act
● Requires states to have a unified computerized voter registry
● Mandates accessible voting facilities
● Guarantees that people can cast a provisional ballot
● Regulates voting machines
National Popular Vote Interstate Compact

Image from CGP Video on Youtube, 4:15.

https://www.youtube.com/watch?v=tUX-frlNBJY&t=25s
Solutions
Expanding Participation in the Voting Process

Key Question: How do we get people to feel like their vote matters?

Solution to the Base Issue: Increase political education at both national and local levels
● Introduce current events in all subjects of primary and secondary school
● Propose a local government class

Solution to the Structural Issue: Provide easier access to voting

● Increase early voting and mail in voting
● Introduce 24 hour access to polling locations
Gerrymandering
What is gerrymandering/who draws the lines?
● Drawing district lines to unfairly favor particular politicians or political groups (“cracking and packing”)
● Every 10 years, states redraw electoral districts to account for changes in district populations
● 36 state legislatures have primary control of their own district lines, and 40 legislatures have primary control
over the congressional lines in their state

Gerrymandering and Voting Rights Suppression:

● After 2018 elections, NC, Michigan, Pennsylvania, and Wisconsin all won a majority of state legislator seats
while receiving a minority of statewide vote
○ Use their political power to impose further voting restrictions
● Ex: North Carolina
○ Unable to pass Let North Carolina Vote Act (automatic voter registration, same day voting, expanded
online registration, early voting)
Solutions to Gerrymandering:
H.R. 1. Act — Would require every state to use independent commissions to draw federal districts (foundation
for future reform even though it didn’t pass the Senate)

Steps to take to ensure majority rule:

1. Preventing incumbent politicians from redrawing their own districts

2. Allowing for voter determined districts (people’s votes dictate how districts are drawn)
a. Number of seats given to political party reflects the vote
3. Districts should be drawn to allow for congressional representation of historically underrepresented groups
like African Americans, Latinx, and other communities of color.

North Carolina’s 6th District

● 2016, Republican state legislators divided A&T State into 2 different districts, nation’s largest historically
black university
○ After a court decision, a new voting district (6th district) now includes all of A&T and largely black
cities Winston-Salem and Greensboro and flipped the congressional seat to Democrat Kathy Manning
this election
 H.R. 1 (the For the People Act)
How H.R. 1 Addresses: Voter ID

Registration Sworn affidavit as

alternative to photo ID.
Automatic for those Pre-printed copies of
eligible. Same Day statements available at
registration. Early Voting polling locations.

Shelby Must start at least 15 days

prior, polling places near
public transportation Voter Roll Purges
Recognition from
Congress of the tie Vote By Mail
between the Shelby Makes voter caging illegal.
decision and voter States cannot impose Failure to vote cannot result in
suppression. restrictions. Requirements removal.
Declares there should be may include signature Limit ability to remove voters
restoration of VRA matching and timely request based off of “interstate voter
preclearance protections though. registration cross-checks”*
H.R. 1 (the For the People Act) continued
How H.R. 1 Helps:
People With Disabilities Students People With Felony Convictions

Try out at accessible home Universities operating like Right to vote restored after
registration and voting registration agencies: appoint serving sentence.
People must be informed when
program for people with Campus vote coordinators their right to vote has been
disabilities. Funding for who are required to send restored.
grants that will go into information out regarding
making voting more how to register, polling and
accessible for people with transportation ( twice a year.)
disabilities. Independence
and privacy kept in mind.
H.R. 1 (the For the People Act), continued
How likely of a solution is this though?

● Mitch McConnell calls it:

○ “Democrat Politician Protection Act” and
“Parade of horribles”
○ Refusal to take up in Senate
● Any effort to bring it up in Senate has
been blocked
John Lewis Act (VRAA)
Background:

Shelby v. Holder County (2013)

Invalidated preclearance of VRA

Voter restrictions affect:

- BIPOC, elderly, low-income, trans (changes
around valid ID documents), and people w/
disabilities

Original Test:
“Those with a recent history of voting tests and low
voter registration and turnout, and those without those
characteristics”

New Congressional preclearance formula recommended

John Lewis Act: New Preclearance Rules
Determining which states/political Covered Practices (violate Act, 14th, 15th):
subdivisions are subject to requirements Adding seats to where 2+ racial minorities make up
> 20%
States:
- 15+ voting rights violations in previous Changing jurisdiction boundaries & redistricting that
25 years reduces racial/language minority group population
- 10+, 1+ committed by State (vs political
Changing multilingual voting materials
subdivision)
Political subdivisions: Reduce, consolidate or relocate voting locations for
- 3+ racial/language minority groups
Doesn’t apply after declaratory judgment
- But can be denied by Attorney General,
courts, or consent decree/settlement
John Lewis Act: Preliminary Injunction Relief
Grounds for granting relief
- Challenge this Act or Constitution?
- Hardship on defendant vs plaintiff

Court must consider

- Remedy for Federal court judgement
- Served as ground for dismissal of discrimination claim
- 180 days
- No adequate notice
 John Lewis Act: Solutions
Voting on Native American
Lands:
Tribe can request polling place
located on their lands & mail-in
ballots (if State permits it)
Attorney General: consult annually
with Tribal organizations regarding
issues related to voting for members
of Tribe
Authority to Assign Observers
Enforce bilingual election
requirements
- Attorney General receives
complaints
- Request on Native American
lands
Promoting Transparency to
Enforce the VRA
Notice of enacted changes:
- 180 days prior to election
- Reasonably convenient for
voters w/ disabilities
Public notices
- polling place resources (30
days prior)
- Changes to demographics &
electoral districts (10 days)
If transparency not met, no denial of
vote