Minnesota: Federal Court Rejects Challenge to Election Day Registration | Election Academy

While observers in Minnesota await the fate of two separate court challenges to a proposed voter ID amendment, a federal court recently rejected an attempt to limit the use of Election Day registration (EDR) in the state for 2012 and beyond. The suit – brought by seven voters, State Rep. Sondra Erickson (R-Princeton), the Minnesota Voters Alliance and the Minnesota Freedom Council – asked the federal court to require state and local officials to verify the eligibility of EDR voters before counting their ballots in 2012 and in any election thereafter. The suit also challenged state law on voting by disabled individuals under guardianship – in particular, the presumption that such individuals have the right to vote unless a court orders otherwise. Both procedures, they claim dilute the effect of legitimate voters by exposing the election system to potentially ineligible voters.

Editorials: Military voters as political pawns | UTSanDiego.com

It’s the election season, and the battle for the presidency and control of Congress is being fought not just through voter registration drives, endless campaign ads, and stadium rallies, but also in courts across America. Litigation over election rules has become increasingly commonplace since the disputed 2000 election in Florida, which led to the United States Supreme Court choosing George W. Bush over Al Gore. And as in 2000, the question of military voters and military ballots is back in the media and legal spotlight, with Republicans unfairly accusing Democrats of being anti-military. A federal district court in Ohio will soon decide the Obama campaign’s challenge to an unusual Ohio law. The law allows military voters and overseas voters, but no other voters, the right to cast an in-person ballot in the three days before Election Day. Democrats argue that this law is unconstitutional because it “requires election officials to turn most Ohio voters, including veterans, firefighters, police officers, nurses, small business owners and countless other citizens, away from open voting locations, while admitting military and nonmilitary overseas voters and their families who are physically present in Ohio and able to vote in person.”

Somalia: Presidential election with few voters | WHBF

Somali leaders are on the verge of naming a new parliament that is supposed to elect a president by Monday, but it’s hard to find any ordinary Somalis excited by the political changes: They don’t have the right to vote. Monday marks the end of eight years of rule by a U.N.-backed leadership structure known as the Transitional Federal Government. Somali leaders this weekend are finalizing the names on a new 275-member parliament, whose members are supposed to vote in a new president. About 24 candidates are running for president. The president will then choose a prime minister. Many of the candidates for president – including current President Sheikh Sharif Sheikh Ahmed, Prime Minister Abdiweli Mohamed Ali and the parliament speaker Sharif Hassan Sheikh Aden – already serve in a government that has been hammered by corruption allegations. Behind-the-scenes political efforts involving bribes and intimidation appear to have marred the selection of the parliament. The U.N. has warned repeatedly of “spoilers” in the political process. “I don’t think there’ll be a difference because the same people are still here and the election may not be fair,” said Abdinur Yusuf, a Mogadishu resident. “We only care about stability, so we pray peace will prevail and corruption will come to an end.”

New Jersey: Democrats: New Jersey Voter ID Overhaul Unlikely | NBC 10

Some progressive Democrats want to make sure the state doesn’t follow the lead of six other states, including Pennsylvania, and enact strict new voter ID laws they say could lead to suppression at the polls. Democratic Assemblyman John McKeon, of Essex County, said Thursday the laws, requiring voters to present photo identification, are thinly veiled attempts to repress votes primarily from poor, Democratic constituencies. Such laws could hurt President Barack Obama’s re-election bid because they strike at his support base. “Twenty-one million Americans don’t have photo IDs, and two-thirds of that 21 million come from core Democratic constituencies,” McKeon said. “This shouldn’t be a partisan issue — we should be finding ways to get more people to exercise this precious right to vote, not suppressing it.”

National: State Laws Vary Widely on Voting Rights for Felons | New America Media

Josh and Katy Vander Kamp met in drug rehab. In the seven years since, they have been rebuilding their lives in Apache Junction, Ariz., a small town east of Phoenix. He’s a landscaper; she’s studying for a master’s degree in addictions counseling. They have two children, a dog and a house. Their lives reveal little of their past, except that Katy can vote and Josh can’t because he’s a two-time felon. She’s been arrested three times, but never convicted of a felony. By age 21, Josh was charged with two — for a drug-paraphernalia violation and possessing a burglary tool. “I didn’t do anything that he didn’t do, and he’s paying for it for the rest of his life,” Katy said. With voting laws a heated issue this election year as civil rights groups and state legislatures battle over photo ID requirements in this election year, felon disenfranchisement laws have attracted less attention despite the potential votes at stake.

National: Civil Rights Groups Release New Voter Protection App | Huffington Post

Defenders of the right to vote have a new high-tech weapon in their arsenal. A consortium of civil rights groups unveiled a smartphone application Thursday as part of a comprehensive strategy to combat what it called a nationwide effort to disenfranchise minority and youth voters. “The Election Protection smartphone app is a dynamic tool that will educate voters on their rights and empower them to take action so they can vote,” said Barbara Arnwine, executive director of the Lawyers’ Committee for Civil Rights Under Law, on a Thursday conference call with other organizations that developed the app. The free app is a “critical tool in our fight against voter suppression,” Arwine said, referring to recent state voter identification laws that aroused concerns among civil rights advocates. The tool gives voters the ability to digitally verify their registration status, find their polling place, encourage their friends and family to vote, fill out voter registration forms, and contact election protection officials, amongst other means to encourage voting.

Pennsylvania: Larry Maggi, Pennsylvania Congressional Candidate, Could Lose Vote Under Voter ID Law | Huffington Post

A congressional candidate in Pennsylvania may not be able to vote for himself in the November elections, thanks to one of the country’s most stringent voter ID laws. Washington County Commission Chairman Larry Maggi’s driver’s license lists his full name as “Lawrence Owen Maggi,” but his voter registration reads “Larry Maggi” — a small but significant discrepancy under Pennsylvania’s new voter ID regulations. They require the name on the voter registration to “substantially conform” to the name on the driver’s license. The disparity in Maggi’s names caught the attention of Pennsylvania’s Department of State, which notified Maggi in an advisory letter, according to the Observer-Reporter. Maggi, a Democrat running for Pennsylvania’s 18th Congressional District, is now pushing back with a new website called “Let Larry Vote” that highlights his potential problem at the polls given the voter ID crackdown.

Tennessee: Federal lawsuit filed challenging voter ID law as unconstitutional | Kingsport Times-News

The city of Memphis says in a federal lawsuit that a state law requiring Tennessee voters to present state-issued photo identification before they can cast a ballot is unconstitutional. The city had tried to convince a federal judge in Nashville that photo IDs issued by the Memphis public library system should be allowed to be used by voters as a valid form of identification. But two days before the Aug. 2 primary election, U.S. District Court Judge Aleta A. Trauger ruled that the library identification cannot be used as valid voter IDs. According to The Commercial Appeal city attorneys on Tuesday amended their lawsuit, claiming the voter photo ID requirement adds a new qualification for voting beyond the four listed in the Tennessee Constitution and infringes on the right to vote under the federal and state constitutions.

Editorials: Voter IDs, done right, can work | USAToday.com

Supporters of laws that require voters to have a photo ID say that even one fraudulent ballot undermines the electoral process. Fair enough. But the reverse is also true: Even one eligible voter who loses the right to vote because of a flawed ID law undermines fair elections and cheats that citizen of democracy’s most fundamental right. The problem is living up to both of these noble sentiments simultaneously. Requiring voters to show ID at the polls to prove that they are who they say they are, and that they’re eligible to vote, is a reasonable precaution against fraud. Fraudulent in-person voting seems to be far rarer than other, more effective forms of vote stealing, but it happens, and it could conceivably swing a razor-tight election. Given that concern, this page agreed with the recommendation of the bipartisan commission headed by former Democratic president Jimmy Carter and former Republican secretary of State James Baker, which called for uniform photo ID for voters. But ID supporters typically ignore the other half of the panel’s advice: Any ID requirement should be phased in over five years, and states should bend over backwards to make sure eligible voters can get free IDs, including sending out mobile units to provide them. That’s not what’s happening.

Tennessee: Memphis lawsuit now goes after state’s voter photo ID law | The Commercial Appeal

After losing its case for photo library cards, the City of Memphis has amended its federal court lawsuit to attack the constitutionality of Tennessee’s new law requiring voters to present a state-issued photo identification card before they can vote. An amended complaint was filed Tuesday by attorneys for the city and for two Memphis voters without state-issued ID cards whose provisional ballots in last Thursday’s election were not counted. The complaint charges that the voter photo ID requirement adds a new qualification for voting beyond the four listed in the Tennessee Constitution and is therefore an unconstitutional infringement on the right to vote under both the federal and state constitutions. The attorneys have asked for an expedited hearing in the case, and have asked the federal court to ask the Tennessee Supreme Court whether requiring otherwise qualified voters in Tennessee to present photo IDs violates the state constitution. No hearing has been scheduled.

Editorials: Why voter ID laws are like a poll tax | Charles Postel/Politico.com

When is a voter restriction law like a poll tax? This is the question posed by a wave of laws passed in 11 states that require voters to show state-issued photo IDs. Attorney General Eric Holder has argued that such laws are not aimed at preventing voter fraud, as supporters claim, but to make it more difficult for minorities to exercise their right to vote. The new Texas photo ID law is like the poll taxes, Holder charges, used to disfranchise generations of African-American and Mexican-American citizens. Texas Gov. Rick Perry denies this. He claims that using “poll tax” language is “designed to inflame passions and incite racial tension.” Perry is now demanding an apology from President Barack Obama for “Holder’s imprudent remarks.” But no apology needs to be issued. For these laws function very much like a poll tax.

Ohio: Early Voting Lawsuit | NYTimes.com

For the last four years, Republican lawmakers around the country have diligently tried to eliminate early-voting periods, which give people a chance to vote at their convenience. The reason is simple: early voting was wildly popular in 2008 – comprising a third of the vote – and many of the people who took advantage of it voted for Barack Obama. More than half of Florida’s early voters in 2008 were Democrats, and many black voters went right from their church pews to the ballot box on the Sunday before Election Day. That’s why the state’s Republicans severely restricted the practice last year, and specifically banned voting on that final Sunday. Similar restrictions were also passed in Georgia, Tennessee, West Virginia, and Ohio, part of a movement to restrict voting that includes tough voter ID requirements. Now, the Obama campaign’s attempt to fight the measure in Ohio has led to one of the lower moments of this year’s presidential campaign. The state legislature cut back on the early voting period, and banned it in the three days prior to Election Day. (Even though 93,000 Ohioans voted in those three days in 2008.) An exception, however, was made for military personnel, who tend to lean Republican.

National: Voter ID Laws May Affect Young Voters | Fox News

The same state voter ID laws that have drawn criticisms from Latino groups and immigrants are now taking heat from young voters. Gone are the days when young voters weren’t taken seriously. In 2008, they helped propel Barack Obama into the Oval Office, supporting him by a 2-1 margin. But that higher profile also has landed them in the middle of the debate over some state laws that regulate voter registration and how people identify themselves at the polls. Since the last election, Pennsylvania, Kansas, Wisconsin and Texas and other states have tried to limit or ban the use of student IDs as voter identification. In Florida, lawmakers tried to limit “third party” organizations, including student groups, from registering new voters.

Editorials: Death sentence on voting rights | The Charlotte Post

Nearly 6 million former prisoners –1 million of them black – will not be able to vote in the November presidential election because of state laws that continue to punish them even after they have completed their sentences, according to a recent report by the Sentencing Project. The report said 5.85 million formerly incarcerated citizens will be excluded. That’s five times the entire population of Rhode Island and more than the adult population of Virginia. “The most telling indicator of citizenship in the United States is that ability to cast a vote,” stated Desmond Meade, president of the Florida Rights Restoration Coalition, a non-profit group focused on restoring the civil rights of ex-offenders. “If you don’t have a voice you might as well be a slave.” He explained: “Every day a person is being disenfranchised in the minority community that weakens that community’s political voice.”

Minnesota: Next dispute: Should all the disabled have voting rights? | StarTribune.com

The summer of Minnesota’s discontent over voting rules has spun off a related fight: whether disabled people who cannot handle their own affairs should retain the right to vote. The debate has set off alarms among disabled people and their advocates, adding another layer of controversy to the legal and political battle over whether Minnesota needs a photo ID requirement for voters, changes in Election Day registration and a new provisional balloting system. “I want to vote,” said Dave McMahan, a 61-year-old military veteran with mental illness who lives in a Minneapolis group home and has his affairs controlled by a legal guardian. “I’ve been through sweat and blood to vote. I don’t want my rights taken away, because I fought for my rights here in the United States and expect to keep them that way.” Equally passionate is Ron Kaus of Duluth, an activist and plaintiff in a federal lawsuit that has raised the issue. Citing allegations in Crow Wing County in 2010, Kaus worries that disabled people have been hauled to the polls and told whom to vote for, which would be a crime. “It’s one of the sickest form of exploitation, political abuse,” he said.

Florida: Will Voter Purge Cost Obama the Election? | The Atlantic

It is November 7, the day after the 2012 presidential election, and Barack Obama has narrowly lost his bid for reelection. What clinched it: a photo-finish defeat in Florida — a few thousand votes in a state of more than 11 million voters. And then the reports start to trickle in from Floridians who say they were disenfranchised. Shortly before the election, they got an official letter telling them they couldn’t vote, even though they’re U.S. citizens. Most of them are Hispanic and say they would have voted Democratic. This is the nightmare scenario envisioned by Florida Democrats: The Republican voter purge has cost them the election. But could it really happen? Could Republican Governor Rick Scott’s push to cleanse the voter rolls of noncitizens — viewed by Democrats as a suspiciously timed, partisan attempt to suppress Hispanic voter turnout — end up swinging the presidential race to the GOP? Scott, in a recent interview, insisted that was the furthest thing from his mind. “I never think about that,” the governor told me. “I just think about what my job is, which is to make sure we enforce the laws of my state. Non-U.S. citizens do not have the right to vote in my state.”

Editorials: The voter ID mess subverts an American birthright | Charlie Crist/The Washington Post

For better or worse, the central principle behind the unlimited contributions to super PACs that will dominate this election cycle is simple: Money is speech, and we cannot limit speech. Yet many who hold this freedom as an article of faith are all too willing to limit an equally precious form of speech: voting. If we don’t speak out against these abuses, we may soon learn the hard way the danger of that double standard. And a dozen years after the 2000 recount that went all the way to the U.S. Supreme Court, my state of Florida threatens to be ground zero one more time. As Florida’s attorney general from 2003 to 2007, I strongly enforced the laws against illegal voting. When swift action was necessary, I took it without hesitation. I did so out of respect for our democracy — voting is a precious right reserved only for U.S. citizens — but I’m concerned that zealots overreacting to contrived threats of voter fraud by significantly narrowing the voting pool are doing so with brazen disrespect and disregard for our greatest traditions.

Minnesota: Photo ID details draw scrutiny of Minnesota’s high court | StarTribune.com

Minnesota Supreme Court justices peppered lawyers with pointed questions about the right to vote and the Legislature’s power as the volatile issue of photo ID landed at the state’s highest court Tuesday. “The right to vote is an institutional way to peacefully revolt,” said Justice Paul Anderson, who criticized parts of the proposed constitutional amendment. “It doesn’t get much bigger than this.” The stakes indeed are high. The League of Women Voters-Minnesota and other plaintiffs are asking the court to strike the issue completely from the Nov. 6 general election ballot, arguing that the question voters will see is misleading. The Republican-controlled Legislature, which voted to put the issue on the ballot, says that writing ballot questions is its sole prerogative, and that voters have a right to make the ultimate decision. Justices Paul Anderson, Alan Page and David Stras raised questions about differences between the language of the ballot question and language of the proposed constitutional amendment, which voters will not see on the ballot. “Don’t the people have a right to vote on something that’s not deceptive?” said Anderson. Page suggested that differences between the language of the ballot question and the actual amendment constituted “a bit of bait and switch. It seems to me, in responding to the ballot question, I can’t know what I’m voting on,” Page said.

Wisconsin: Second judge rejects voter ID law | JSOnline

A second judge has declared Wisconsin’s voter ID law unconstitutional, further guaranteeing that the ID requirement will not be in place for elections this fall. Dane County Circuit Judge David Flanagan wrote Tuesday that the state’s requirement that all voters show photo ID at the polls creates a “substantial impairment of the right to vote” guaranteed by the state constitution. In March, Flanagan issued an injunction temporarily blocking the law because the plaintiffs – the Milwaukee branch of the National Association for the Advancement of Colored People and the immigrant rights group Voces de la Frontera – were likely to succeed in their arguments. Flanagan made that injunction permanent in the 20-page decision he issued Tuesday.

Florida: State Gains Access to Homeland Security List | NYTimes.com

In a victory for Republicans, the federal government has agreed to let Florida use a law enforcement database to challenge people’s right to vote if they are suspected of not being U.S. citizens. The agreement, made in a letter to Florida Gov. Rick Scott’s administration that was obtained by The Associated Press, grants the state access to a list of resident noncitizens maintained by the Homeland Security Department. The Obama administration had denied Florida’s request for months but relented after a judge ruled in the state’s favor in a related voter-purge matter. Voting rights groups, while acknowledging that noncitizens have no right to vote, have expressed alarm about using such data for a purpose not originally intended: purging voter lists of ineligible people. They also say voter purges less than four months before a presidential election might leave insufficient time to correct mistakes stemming from faulty data or other problems.

Florida: Florida leads nation with 10 % of adults not allowed to vote | Tampa Bay Online

Nearly one-fourth of black Florida adults, and one-tenth of the state’s total voting-age population, aren’t allowed to vote because of the state’s prohibition on voting by former felons, the nation’s highest rate of disenfranchisement, according to a study by an advocacy group. The vast majority are what the report calls “ex-felons,” those convicted of a felony who have served their sentences and completed any required parole, probation or restitution. The study was done by The Sentencing Project, a nonprofit think tank on criminal justice that advocates allowing ex-felons to regain the right to vote.

National: Debate intensifies over state election laws | USAToday.com

Four months away from a presidential election still considered a tossup, new battles are brewing over state election laws. A federal court in Washington began hearing arguments this week on whether a voter ID law in Texas discriminates against Hispanic voters. Michigan Republican Gov. Rick Snyder vetoed a bill last week that would have required voters to show identification before casting absentee ballots. The Justice Department rejected South Carolina’s voter ID law for the second time, saying it could disproportionately affect black voters. The state sued earlier this year. A federal court has scheduled oral arguments for Sept. 24, just 43 days before the election. A judge ruled in June that Wisconsin’s voter ID law violates the state constitution. An appeal is likely. Attorney General Eric Holder is promising an aggressive effort to safeguard voting rights.

National: Rep. Hoyer launches voting rights application | The Hill

Democratic Whip Steny Hoyer (Md.) this week is unveiling his next step in the battle over voting rights in the form of a pop-up Web application that informs people where to vote and how to register. Hoyer and Rep. Robert Brady (D-Pa.), the ranking Democrat on the House Administration Committee, sent a letter to colleagues dated Monday to introduce the new application and encourage members to use it, specifically recommending sharing it through social media. The letter urges that it is the “responsibility” of elected leaders to help inform constituents about the democratic process. “In the last year, we have witnessed a nationwide assault on American citizens’ constitutionally-guaranteed right to vote,” they wrote. “Aside from the unnecessary, expensive, and ineffective new Voter ID laws, we have also seen targeted purges of eligible, registered voters from state rolls. Little has been done to educate the public about these actions. As a result, there are thousands of eligible voters at risk of being turned away from the polls while attempting to make choices about their federal representation.”

Pennsylvania: Big Romney Donor Paid To Inform Pennsylvanians About Voter ID Law | TPM

The man behind a company that got a big state contract to educate Pennsylvania voters on the commonwealth’s restrictive new voter ID law is a fundraiser for presumptive Republican presidential nominee Mitt Romney. Ads created by his company, a Republican lobbying group, encourage Pennsylvania residents to obtain state-issued photo identification so they don’t “miss out” on their right to vote. Republican lobbyist Chris Bravacos, who according to the Center For Responsive Politics has thus far bundled $30,000 for Romney’s campaign, is president and CEO of the Bravo Group, which received a $249,660 government contract from Republican Gov. Tom Corbett’s administration for the ad campaign. Two ads the company created were posted online by the Bravo Group back in April (according to a Google cache) and taken down after Philadelphia City Paper’s Daniel Denvir published a story about the contract on Sunday. Occupy Harrisburg later reposted the two videos, one of which uses what looks like stock photos of a diverse cast of smiling individuals holding ID-sized cards that read “My Valid Pennsylvania Identification.” The campaign’s slogan? “Your right to vote: it’s one thing you never want to miss out on.”

Ohio: Ruling on provisional ballots issue expected by August | Dayton Daily News

A U.S. District Court judge plans to decide by early August on whether a consent decree requiring provisional ballots be counted regardless of poll worker errors should be invalidated or kept in place. “There is nothing more important than the franchise – the right to vote,” U.S. District Court Judge Algenon L. Marbley told the attorneys on Wednesday. “This court is going to protect the franchise.” Two years ago, Marbley issued a consent decree that followed an agreement struck by the parties in the case Northeast Ohio Coalition for the Homeless versus Ohio Secretary of State Jennifer Brunner, a Democrat, over provisional ballots. The deal requires that provisional ballots be counted even if they were cast in the wrong precinct or the ballot envelope wasn’t properly filled out due to poll worker error. Republican Secretary of State Jon Husted is arguing that the consent decree conflicts with Ohio law governing provisional ballots and with a more recent ruling from the Ohio Supreme Court.

Georgia: Elderly voters concerned they may be cleared from voter rolls | CBS Atlanta 46

Hundreds of senior citizens at a Southwest Atlanta high rise are concerned they may lose their right to vote. Betty Walton has lived at the Atrium at Collegetown for nearly a decade, but according to Fulton County, her address isn’t real. “That doesn’t make any sense. You can see the building, so it does exist,” said Walton. Walton is one of hundreds of seniors who may soon be removed from the voter rolls because of a mistake by the Fulton County Department of Registration and Elections. About a week ago, the department sent out a letter telling Walton and others like her that they had to provide proof that their address was valid. The letter said if they didn’t, they would be purged from the voter rolls.

Canada: First Nation protesters ‘trampled’ on voting rights: British Columbia officials | Edmonton Journal

Federal Aboriginal Affairs Minister John Duncan has joined the B.C. government and the B.C. Treaty Commission in expressing disappointment with the weekend postponement of a treaty ratification vote involving B.C.’s Tla’amin First Nation. The vote was put off Saturday after a group of protesters used their vehicles to block access to the polling station at the community near Powell River, about 130 kilometres northwest of Vancouver. “It is disappointing that the vote was disrupted due to these actions,” Duncan said in a statement Monday, using much more tempered language than his B.C. counterparts. “Our government believes that a person’s right to vote should not be denied, and we hope that community members use the democratic process to express their agreement or disagreement with the proposed treaty.”

National: U.N. says Voter ID laws are a domestic matter | OneNewsNow.com

A United Nations agency has assured an organization of black conservatives that it has no intention of investigating U.S. voter ID laws, as requested by the NAACP. In March, the National Association for the Advancement of Colored People (NAACP) sent a delegation to Geneva, Switzerland, to tell the Office of the United Nations High Commissioner for Human Rights that because of voter ID laws passed in several of the 50 states, citizens were being denied the right to vote. But last week, Project 21 of The National Leadership Network of Black Conservatives sent a three-man delegation to U.N. headquarters in New York to refute the NAACP’s claims. Bishop Council Nedd II, a board member of Project 21, tells OneNewsNow some of the details of that delegation.

Editorials: Fannie Lou Who? Why Voting Rights Still Matter | Colorlines

I’m poring over notes created the last few weeks on my laptop, in my notebook, and on scraps of paper, in order to explain why this blog exists. In short, Voting Rights 2012 is a collaborative effort between Colorlines.com and The Nation, to report on voter suppression. But that doesn’t explain why this blog exists. Brentin Mock will be writing the bigger picture story, looking at broader national trends from voter ID to voter suppression. Meanwhile, I’ll be augmenting with more of the day-to-day developments, as well working with community journalists, who will be our eyes and ears, since our little team can’t be everywhere at once. Now that I have it down in a short paragraph, it sounds simple enough. But it hardly begins to answer why we’re really here, or why anyone should want to follow our work. Many readers of The Nation, who follow electoral trends and possess a tendency towards protecting voting rights, might wonder why their coveted magazine (and, increasingly, their online go-to site for political analysis) felt the need to pair up with a site that focuses on racial justice. Meanwhile, some Colorlines.com readers, who may be disenchanted with politics four years after a historic election that resulted in fewer gains for people of color than many hoped for, might wonder why their favorite daily news site is concerned with voting rights—an issue that seemingly only affirms the establishment (as a dear friend recently posted on Facebook, “the republicrats will win no matter what.”) And then, there’s Brentin and I, pressed to write for two intelligent yet not always overlapping audiences, and convince both that what we’re reporting is relevant.

Editorials: The Missing Right To Vote – What we’d get from amending the Constitution to guarantee it | Heather Gerken/Slate

The Constitution does not guarantee Americans the right to vote. That always comes as a surprise to non-lawyers. But you will search the Constitution in vain for any such guarantee, as the Supreme Court cheerily reminded us in Bush v. Gore. What the Constitution contains is a series of “thou shalt nots.” Thou shalt not deny the right to vote on account of race or sex. Thou shalt not impose poll taxes. Thou shalt not prevent 18-year-olds from voting. It is difficult to develop a robust case law when you only know what you can’t do. Some think that a constitutional amendment guaranteeing the right to vote would instantly produce any number of progressive goodies, like universal registration or a healthy campaign finance system or the end of partisan gerrymandering. Don’t believe it. If an amendment enshrining the right to vote looks anything like its cognates in the Bill of Rights, it will be thinly described, maddeningly vague, and pushed forward by self-interested politicians who benefit from the current system. It’s unlikely to be enough to persuade judges to mandate large-scale reform. Judges are conservative creatures (at least in the Burkean sense). They are typically loath to upend a system based on a vague textual guarantee. And a vague textual guarantee is as good as it’s likely to get. As Larry Tribe’s post makes clear, it is a challenge to draft an amendment just to overturn a single case, let alone to detail what a right to vote should involve. Even if we were to add as broad-gauged a right as I suggest below, the courts will inevitably create reasonable exceptions and interpretations, just as it has done for the First Amendment.