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Teresa Sharp is fifty-three years old and has lived in a modest single-family house on Millsdale Street, in a suburb of Cincinnati, for nearly thirty-three years. A lifelong Democrat, she has voted in every Presidential election since she turned eighteen. So she was agitated when an official summons from the Hamilton County Board of Elections arrived in the mail last month. Hamilton County, which includes Cincinnati, is one of the most populous regions of the most fiercely contested state in the 2012 election. No Republican candidate has ever won the Presidency without carrying Ohio, and recent polls show Barack Obama and Mitt Romney almost even in the state. Every vote may matter, including those cast by the seven members of the Sharp family—Teresa, her husband, four grown children, and an elderly aunt—living in the Millsdale Street house. The letter, which cited arcane legal statutes and was printed on government letterhead, was dated September 4th.
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“You are hereby notified that your right to vote has been challenged by a qualified elector,” it said. “The Hamilton County Board of Elections has scheduled a hearing regarding your right to vote on Monday, September 10th, 2012, at 8:30 A. You have the right to appear and testify, call witnesses and be represented by counsel.” “My first thought was, Oh, no!” Sharp, who is African-American, said. “They ain’t messing with us poor black folks! Who is challenging my right to vote?”. The answer to Sharp’s question is that a new watchdog group, the Ohio Voter Integrity Project, which polices voter-registration rolls in search of “electoral irregularities,” raised questions about her eligibility after consulting a government-compiled list of local properties and mistakenly identifying her house as a vacant lot. The Sharp household had first been identified as suspicious by computer software that had been provided to the Ohio Voter Integrity Project by a national organization called True the Vote.
The software, which has been distributed to similar groups around the country, is used to flag certain households, including those with six or more registered voters. This approach inevitably pinpoints many lower-income residents, students, and extended families. True the Vote, which was founded in 2009 and is based in Houston, describes itself as a nonprofit organization, created “ by citizens for citizens,” that aims to protect “the rights of legitimate voters, regardless of their political party.” Although the group has a spontaneous grassroots aura, it was founded by a local Tea Party activist, Catherine Engelbrecht, and from the start it has received guidance from intensely partisan election lawyers and political operatives, who have spent years stoking fear about election fraud. This cohort—which Roll Call has called the “voter fraud brain trust”—has filed lawsuits, released studies, testified before Congress, and written op-ed columns and books. Since 2011, the effort has spurred legislative initiatives in thirty-seven states to require photo identification to vote. Engelbrecht has received especially valuable counsel from one member of the group: Hans von Spakovsky. A Republican lawyer who served in the Bush Administration, he is now a senior legal fellow at the Heritage Foundation, the conservative think tank.
“Hans is very, very helpful,” Engelbrecht said. “He’s one of the senior advisers on our advisory council.” Von Spakovsky, who frequently appears on Fox News, is the co-author, with the columnist John Fund, of the recent book “Who’s Counting?,” which argues that America is facing an electoral-security crisis. “Election fraud, whether it’s phony voter registrations, illegal absentee ballots, vote-buying, shady recounts, or old-fashioned ballot-box stuffing, can be found in every part of the United States,” they write. The book connects these modern threats with sordid episodes from the American past: crooked inner-city machines, corrupt black bosses in the Deep South. Von Spakovsky and Fund conclude that electoral fraud is a “spreading” danger, and declare that True the Vote serves “an obvious need.” Mainstream election experts say that Spakovsky has had an improbably large impact. Hasen, a law professor at the University of California at Irvine, and the author of a recent book, “The Voting Wars,” says, “Before 2000, there were some rumblings about Democratic voter fraud, but it really wasn’t part of the main discourse.
On the appointed day this fall, Teresa Sharp drove to Cincinnati and appeared before the Board of Elections. Dressed in a T-shirt and jeans, and accompanied by six family members, Sharp moved to the front of the room when her name was called. She then “slammed her purse and papers on the table,” according to Faux, who was present. Sharp told me, “It was like a kangaroo court.
There were, like, ninety-four people being challenged, and my family and I were the only ones contesting it! I looked around. The board members and the stenographer, they were all white people. The lady bringing these challenges, she was white, and reminded me of Gladys Kravitz”—the nosy neighbor on the sitcom “Bewitched.” When Sharp heard her house described as a vacant lot, and learned that Marlene Kocher—the member of the Ohio Voter Integrity Project who had filed the challenge against her—had not bothered to visit her address, she exploded. “This lady has nothing else better to do?” she said.
“I think she needs to get a life!” Faux recalled that Kocher “apologized and kind of shrunk back.” “We made a mistake,” Mary Siegel, a leader of the Ohio Voter Integrity Project, who has been involved in a local Tea Party group, told me. “We’re just here to protect the voter. We have no idea when we look at the registrations what color or creed or party you are. We just look at where your property is and how many people are living there.” Sharp said, “I think they want to stop as many black people as they can from voting. I won’t even know until Election Day if I got the right to vote. But if they tell me I can’t vote—it is over.
They are going to have to call the police. I am going to jail!”. At the Heritage Foundation, von Spakovsky emphasized that his devotion to safeguarding voter integrity had nothing to do with racial discrimination or partisan gain: “I’m not in this because I’m on a team. I believe in having fair elections, and I would never be willing to do anything that would encourage or allow cheating in an election.
My interest is in making sure that the person who people vote for the most wins.” Yet many Democrats see his cause as a voter-suppression effort in disguise. Thirty-three states have passed some form of voter-I.D. Law, the most severe versions of which demand government-issued cards with photographs and expiration dates.
A driver’s license typically qualifies, but many students, elderly people, and poor urban residents do not have one. [cartoon id='a17028'] According to a study by the Brennan Center for Justice, a liberal nonprofit institute at N.Y.U. Law School, eleven per cent of the voting-age population lacks the kind of I.D. Cards required by the strictest states.
Eighteen per cent of Americans over the age of sixty-five do not have such documentation; among African-Americans the figure is twenty-five per cent. Von Spakovsky criticized the study for focussing not on registered voters but on all Americans who are eligible to vote. He cites rival studies indicating that the number of registered voters without I.D.s is negligible. The vast majority of the lawmakers who have pushed for voter I.D.s have been Republicans. As Bill Clinton has put it, “This is not rocket science. They are trying to make the 2012 electorate look more like the 2010 electorate”—when many young and minority voters stayed home—“than the 2008 electorate.” Clinton said that the “effort to limit the franchise” was the most determined “since we got rid of the poll tax and all the other Jim Crow burdens on voting.” Republicans who support tighter voter security say that they are not seeking political advantage. But last summer Pennsylvania’s Republican House Leader, Mike Turzai, was caught on tape boasting to colleagues that the state’s new I.D.
Law was “going to allow Governor Romney to win the state of Pennsylvania.” Earlier this month, a state judge suspended the controversial law’s implementation until after the 2012 election; a federal court has done the same with South Carolina’s new I.D. Congressman John Lewis, the Democrat from Georgia, says of recent efforts to tighten voting requirements, “I thought we’d passed this long ago. But it seems we must fight this fight over and over.” In the nineteen-sixties, Lewis was beaten by police while demonstrating in support of civil-rights legislation, including the Voting Rights Act. He said of von Spakovsky, “He’s been the moving force behind photo I.D.s. I don’t know if it’s something in the water he’s been drinking... But over the years he’s been hellbent to make it more difficult—always, always—for people to vote.
It’s like he goes to bed dreaming about this, and gets up in the morning wondering, What can I do today to make it more difficult for people to vote? When you pull back the covers, peel back the onion, he’s the one who’s gotten the Republican legislatures, and the Republican Party, to go along with this—even though there is no voter fraud to speak of. He’s trying to create a cure where there is no sickness.” Earlier this year, at a panel sponsored by the conservative organization Judicial Watch, von Spakovsky said that it was “preposterous” for anyone to liken the nationwide crackdown on voter irregularities to “the restoration of Jim Crow.” In support of his views, he cites a liberal icon: the former Supreme Court Justice John Paul Stevens. In 2008, Stevens helped uphold Indiana’s strict voter-I.D. Law in the face of a challenge from Democrats. He wrote, “Examples of such fraud in other parts of the country have been documented throughout this Nation’s history by respected historians and journalists,” demonstrating “that not only is the risk of voter fraud real but that it could affect the outcome of a close election.” Nearly all scholars of America’s system of locally run elections acknowledge chronic problems, including administrative incompetence, sloppy registration rolls, unreliable machinery, vote buying, and absentee-ballot fraud.
But Robert Brandon, the president of the Fair Elections Legal Network and a longtime reformer, says that the current debate, “which is about people impersonating another voter, is silly.” He adds, “You can’t steal an election one person at a time. You can by stuffing ballot boxes—but voter I.D.s won’t stop that.” Von Spakovsky offered me the names of two experts who, he said, would confirm that voter-impersonation fraud posed a significant peril: Robert Pastor, the director of the Center for Democracy and Election Management, at American University, and Larry Sabato, a political-science professor at the University of Virginia. Pastor, von Spakovsky noted, had spoken to the U.S. Commission on Civil Rights about being a victim of election fraud: voting in Georgia, he discovered that someone else had already voted under his name. When I reached Pastor, he clarified what had happened to him. “I think they just mistakenly checked my name when my son voted—it was just a mistake.” He added, “I don’t think that voter-impersonation fraud is a serious problem.” Pastor believes that, compared with other democracies, America is “somewhere near the bottom in election administration,” and thinks that voter I.D.s make sense—but only if they are free and easily available to all, which, he points out, is not what Republican legislatures have proposed. Sabato, who supports the use of voter I.D.s under the same basic conditions, says of the voter-impersonation question, “One fraudulent vote is one too many, but my sense is that it’s relatively rare today.” Hasen says that, while researching “The Voting Wars,” he “tried to find a single case” since 1980 when “an election outcome could plausibly have turned on voter-impersonation fraud.” He couldn’t find one.
News21, an investigative-journalism group, has reported that voter impersonation at the polls is a “virtually non-existent” problem. After conducting an exhaustive analysis of election-crime prosecutions since 2000, it identified only seven convictions for impersonation fraud. None of those cases involved conspiracy. Lorraine Minnite, a public-policy professor at Rutgers, collated decades of electoral data for her 2010 book, “The Myth of Voter Fraud,” and came up with some striking statistics. In 2005, for example, the federal government charged many more Americans with violating migratory-bird statutes than with perpetrating election fraud, which has long been a felony. She told me, “It makes no sense for individual voters to impersonate someone.
It’s like committing a felony at the police station, with virtually no chance of affecting the election outcome.” A report by the Times in 2007 also found election fraud to be rare. During the Bush Administration, the Justice Department initiated a five-year crackdown on voter fraud, but only eighty-six people were convicted of any kind of election crime.
Hasen, who calls von Spakovsky a leading member of “the Fraudulent Fraud Squad,” told me that he respects many other conservative advocates in his area of expertise, but dismisses scholars who allege widespread voter-impersonation fraud. “I see them as foot soldiers in the Republican army,” he says. “It’s just a way to excite the base. They are hucksters.
They’re providing fake scholarly support. They’re not playing fairly with the facts. And I think they know it.”. Among the lawmakers who spoke out against von Spakovsky’s appointment to the F.E.C. Was Barack Obama, then a Democratic senator from Illinois.
He put a hold on the confirmation, effectively blocking it. After two years in limbo, von Spakovsky withdrew his name from consideration, and joined the Heritage Foundation, where he continued to inveigh against voter fraud.
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