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The Dirty Details of Voter Purges
Secretive, error-riddled methods for cleaning up the voter rolls and how the Help America Vote Act isn't helping.
Thousands of Americans will likely show up to the polls on Nov. 4 to find they are no longer registered to vote. That's an estimate base on past elections and the findings of two leading research groups that found state-sanctioned voter purges are widely inaccurate.
Both the Brennan Center for Justice and the U.S. Public Interest Research Group have independently called into question the methods states use to clean up their voter rolls and the integrity of the information those purges are based on. Roughly 13 million names were purged from the rolls in 2005 and 2006, and while most of the removals were legitimate, that still leaves thousands likely disenfranchised, they say.
Washington state, which canceled the second-highest percentage of voters, beefed up its voter-roll-cleanup efforts after a 2004 governor's race that determined 1,800 votes were cast by felons or on behalf of deceased people, said Washington Secretary of State spokesman David Ammons.
"It really radica lized us for cleaning up the rolls," Ammons said.
Sometimes, though, the purges get too radical. The Brennan Center report, "Voter Purges," shows that flawed purge lists threaten election integrity some eight years after the infamous felon purge lists used by Florida in 2000 wrongfully dropped at least 12,000 voters from the rolls.
The lists used to delete voters are "riddled with inaccuracies," according to the report. The bottom line, writes Myrna Perez, the report's author: "States maintain voter rolls in an inconsistent and unaccountable manner. Officials strike voters from the rolls through a process that is shrouded in secrecy, prone to error, and vulnerable to manipulation."
In Mississippi before the March 2008 primary, a county election official - from her home computer - secretly deleted 10,000 voters from the rolls.
During the 2008 New Mexico caucuses, thousands of registered Democrats found themselves improperly knocked off the rolls.
Ohio election integrity advocates point to massive voter purges before the 2004 election that totaled more than 300,000 voters.
In Michigan, the America Civil Liberties Union and the Advancement Project filed an injunction Sept. 17 to reinstate more than 200,000 voters purged over the past year.
The Michigan lawsuit in U.S. District Court would retroactively restore the voting rights before Election Day of an estimated 180,000 voters purged annually through the state's sharing of Department of Motor Vehicle records with nearby states. Other states have agreements to share driver's license records, but Michigan was singled out because it relies strictly on the DMV match to purge voters. A hearing was held for preliminary injunction on Oct. 1.
"They don't know that the person, merely by getting a driver's license, is registered to vote in that state," said Brad Heard, Advancement Project attorney. "If you're a student who wants to retain Michigan residency, since he's in Illinois, he might get a driver's license and still intend to vote in Michigan."
Kelly Chesney, spokeswoman for the Michigan Secretary of State, did not respond to a request for comment. The state has argued in court filings that the numbers of affected voters are inflated.
The suit would also block Michigan's practice of purging new registrations based on voter ID cards sent to voters that are returned as undeliverable, even those sent out within 90-days of an election. The state refused to process an estimated 30,000 registrations per year for this reason, the American Civil Liberties Union claims in its lawsuit. Similar efforts to verify new registrations through so-called "no-match" provisions are being disputed in Florida and Wisconsin.
Two months ago, the Advancement Project and the Fair Election Legal Defense Network accused Louisiana and Kansas, too, of illegally purging voters based solely on driver's license records.
In Louisiana, 21,000 voters were taken off the rolls when they picked up driver's licenses in nearby states after Hurricanes Katrina and Rita.
States Misunderstand Federal Law
The groundwork for today's voter purges stem from the federal Help America Vote Act, passed in 2002, which handed out $4 billion to states for voter-roll maintenance and overall election system upgrades. Much of that money went to software vendors to design the data management systems to maintain state databases. A handful of these vendors dominate the voting system industry, and their electronic voting machines and optical scanners often have a track record of faulty, insecure performance.
In 2006, Washington used $6 million in federal funds to create a centralized statewide database. In Colorado, a statewide database went live in April. From January of this year to the end of July, Colorado changed or canceled 45,658 voter registration records, spokesman Rich Coolidge said.
One of the biggest problems in managing voter registration rolls, says Gary Kalman of the Public Interest Research Group, is the inconsistency from state to state, and county to county, in enforcing federal law.
Kalman's study, "Vanishing Votes," found 19 states had not outlawed purging within 90 days of the vote - a prohibition found in the National Voter Registration Act. Four states - Colorado, Ohio, Rhode Island and Connecticut - have laws with purging deadlines explicitly within the 90-day period.
"If somebody dies within 90 days, becomes incarcerated or convicted of a felony, those voters may be purged before the election," said Coolidge, adding that no such statewide purge was planned though counties may take them up individually.
"There is widespread unawareness of the law," Kalman said. "So many states were saying they left it up to counties. Because you have rules being interpreted and enforced differently by counties, literally within one state, there is a difference in how they convey rules to voters. It's a decentralized system that can actually impact how votes are counted."
The Brennan Center also found vast inconsistencies with the way states and counties interpret certain provisions of the National Voter Registration Act.
States purge voters for several legitimate reasons looking for such things as a voter's death, duplicate registrations, change of address or felony convictions - which individual states treat differently. Social security numbers and driver's license records may also be used.
The Brennan Center report noted that consistent inaccuracies can be found in the data used to compile lists. For instance, according to the report, "some states purge their voter list based on the Social Security Administration's Death Master File, a database that even the Social Security Administration admits includes people who are still alive."
In most cases when voters are removed from lists, with the exception for the reason of an address change, election officials don't attempt to notify the voter, Perez wrote. Those who find themselves removed from the list may cast a provisional ballot while their voting status is reviewed.
Aside from common typos and other clerical errors, voter roll matching sometimes fails to account for the presence or lack of middle initials or non-standard surnames. This was largely the problem behind purge lists in Florida in 2000 and a pending purge in 2004 of 48,000 names that disproportionately affected African Americans that advocates identified and blocked.
"Far too often what appears to be a 'match' will actually be the records of two distinct registrants with similar identifying information," according to the Brennan Center report. "States have failed to implement protections to ensure that eligible voters are not erroneously purged."
13 Million Purged in 39 States
Voter purges in the years following the 2004 election were strongly encouraged by the Justice Department, citing voter fraud. The DOJ had the backing of provisions in HAVA as well the NVRA that required states to vigilantly keep its voter rolls spotless.
In 2005 and 2006, 39 states and the District of Columbia cancelled roughly 13 million voters from the rolls, according to a report to Congress by the Election Assistance Commission released last year.
Topping the list of states taking names off their registered-voter rolls in 2005 and 2006 were Colorado, with 16.9 percent of the roll removed; Washington, 15.4 percent; New York, 14.1 percent; Nevada, 13.2 percent; and Missouri, 10.4 percent.
Spokesmen for Secretary of State offices in Colorado and Washington - states with the two highest purge rates - said the overall number of cancellations included those who may have cancelled and then re-registered.
Estimates of how many people moved out of each state, based on U.S. Census Data in 1995 and 2000, roughly match the number of voter purges in each state, suggesting that a large portion of the cancellations may be justified. While Florida purged close to 1 million voters in 2005 and 2006, an estimated 1.3 million moved out of the state over a five-year period between 1995 and 2000, according to the U.S. Census.
Regardless of how many people should be appropriately removed from voter rolls, states still must follow the federal law meant to protect voting rights, said Heard, Advancement Project attorney.
"Certainly we're not advocating that people should be registered in multiple places," Heard said, but in some cases voters' rights are not being protected.
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17 Comments so far
Show AllTHIRD WORLD COUNTRY = USA
After attending a presentation by David Yglesias (fired by Bush/Rove) for not investigating baseless accusations about supposed voter fraud by New Mexico Democrats at the behest of Senator Domenici and Congresswoman Wilson. I asked a question that David thought was the most thoughtful he had been presented during his recent book tour. The question I asked was that as the son of civil rights organizer/activist who in the 1980's won a federal court decision deeming the city I grew up in in violation of the 1965 Voting Rights Act and someone who had served in the Peace Corps in South America who witnessed first hand similar voter suppression efforts as those in south Texas, was he able to acknowledge the fact that it is the inherent inequalities that persist in our society that create the privilege that leads to the shameless displays of power that lead to firing U.S. Attorneys on the basis of the not performing as the power structure wishes them too. At first he found it hard as an attorney to answer the question, but hesitantly did in the affirmative after telling me that my question was very thoughtful. And so the inherent inequalities that persist in our society that are maintained for few to manipulate continues to exist... Thus, why was it necessary for my parents, with high school educations, to challenge the system. Was it not the role of the justice department to ensure one of our most important civic duties. Because the power structure, be it the Republicans and or Democrats, would not fully fund the Justice Department to provide that people would be guaranteed the right to vote, especially those who have for generations been denied this right. And as such, if after the 1965 Voting Rights Act was properly enforced and supported, we most likely would not be dealing with these surreptitious efforts to block people from voting. And so I go back to my question to David Yglesias, a Republican, who after the lecture, did not necessarily answer my other question as to why the Justice Department was not fully staffed and or funded, if not provided the support of states or other organizations to enforce the 1965 Voting Rights Act. Of course the prevailing power structure in our country must maintain the comparative historical advantage at all cost and this is both the Democrats and Republicans, but must we suffer at the hands of the Republican power structure that is in its demise, will this be the case when the Democrats become the dominant power and continue the cycle, or will we truly live by the false consciousness that we play at democracy???
I remember vividly the sacrifices of my parents who with little resources won against amazing odds, and also never forget their stories of the countless people who died for the 1965 Voting Rights Act. If in the age of hero worship we are to view charlatans as heroes. In what special place do we put those unsung patriots who spent time and effort not to mention blood for the sake of having the right to vote, to allow our so-called leaders to shamelessly deny anyone the right to vote!!!
Sincere thanks to your parents and the many others that gave time, money and sometimes their lives so we can vote. Voting is the life of democracy. We must protect it very fiercely and increase the participation of all people in voting, especially the poor. Don't take voting for granted or dismiss it. Make it better.
We also need some reforms that make it easier for minority views or popular parties have a chance at a voice in legislative and executive positions. Lani Guanier was fired by Bill Clinton for proposing proportional representation and was thus the first casualty in this next stage in developing voting rights. We must end onerous restrictions and the dictatorship of campaign funds so our votes are not so easily locked up by the Democrats and Republicans.
Joe
I'll certainly second that.
Sad but true. Josef Stalin said "He who casts the votes decides nothing-he who counts the votes decides everything." Fortunatly, I live in Minnesota where there is a paper trail, and you can register on election day. The states in question should look to Minnesota.
Republicans do this.
Members of the US military during WWII were fighting to preserve the values of democracy at home and abroad.
Current members of the US military are fighting to advance fascism at home and abroad.
Now, tell me again why we should be supporting the troops?
You have to seperate the soldiers from the directors of this lash up. You can't blame the kids that are serving over there for GWB's, Darth Cheney's visions and mistakes.
SnowWolfs kid isn't there fighting for fascism at home nor are any of the others, he is fighting because he is a member of the 101 and thats where we told them to go.
I believe you should support these kids because you and I are responsible for them. They didn't choose to go there and they would be happy to come home. If you are an American they are our responsibility, if you are not, you are right, you shouldn't support them.
I know you are going to say that you didn't want them to go, we shouldn't be there, its an immoral war, it was a war of agression berthed with lies, a war chosen, not forced on us, agression chosen by the President and his cronies, well you are exactly correct.
But we allowed Bush to win last time with petty squabbling and Nader removing votes badly needed, etc. We are just as responsible as the folks that voted for the idiot in my opinion. These kids deserve our support and understanding.
May I recommend the old WW I movie "Grand Illusion". It depicts the role the soldier plays as he is used by the elites who do not care about him at all. It also beautifully shows how things could be different.
Joe
So they can suppress "we the people" in our own homes and streets, if we object to being ripped off? Homeland Securities - Army "3rd Infantry Division's 1st Brigade Combat Team [BCT]" which is an ever changing force size depending on what they think they need - deployed on any feeble excuse
Evil has only one tool - that is the disruption of peace - it is applied in infinite ways but it is always the same tool - JC
I'd like to say not to forget that those kids are from us and officered by us, your neighbors....so I don't think anyone needs to be to worried.
Republicans definitely maintain triple A ratings on the Stinking-Rotten Index.
In Montana recently, they tried to illicitly bump thousands of college students and Independents off voter registration rolls because of changes in addresses, but were stopped when state Dems, the next day, filed a lawsuit against the manoeuvre.
Even before the fed district court had time to make a ruling on the Dem's suit, the mere filing of it caused GOPers to instantly abandon their effort - not unlike little sociopathic kids 'confessing' after getting caught stealing candy.
Governance By Whatever It Takes, their motto.
Noble, moral Republicans!
Voting should be an obligation. No vote, no driver's license, no federal benefits.
Voter fraud should be punishable by up to life sentences. Maybe even the death penalty, considering it brought us mass murderer Bush neocons.
Voter fraud is one of the most serious crimes in my book. I am not sure you can coerce public spirit, but these are interesting proposals.
But no death penalty. For one thing, they will find the one Black guy who cheated and execute him. For another thing, killing makes us all barbaric.
Joe
Election fraud not "voter fraud" is the problem - Jesh! Just jail the miscreants who steal or deny (13 some million or more) the peoples true vote - oh, thats right a republican could never get into any position of control ever, can't let that happen.
Evil has only one tool - that is the disruption of peace - it is applied in infinite ways but it is always the same tool - JC
Bush was placed by election fraud - not voter fraud - "voter fraud" is such an insignificant problem as to be non-existent. Election fraud - the denying the right to vote to legitimate voters (en-mass) by any sneaky trick that can be thought up, is a very, very, very criminal act which should have anyone involved to be fully accountable. Amazing how the culprits keep coming up ReThugLickins - people whose every action comes out as lie, cheat, steal, torture, murder
Evil has only one tool - that is the disruption of peace - it is applied in infinite ways but it is always the same tool - JC
These miscreants are not "misunderstanding" anything - they are willfully committing crimes against "we the people" and need to have their greedy grasping hands removed from all positions of authority immediately! Maybe one lash for each "whoops, I did it again" denial of rights
Evil has only one tool - that is the disruption of peace - it is applied in infinite ways but it is always the same tool - JC