Southern Poverty Law Center (SPLC) | October 9, 2019

SPLC Fights Voter Suppression Across Deep South

In his testimony before Congress in July, Special Counsel Robert Mueller the nation about Russia鈥檚 ongoing attempts to meddle in our nation鈥檚 elections.

All 精东影业ns, regardless of their political beliefs, should be gravely concerned about this threat from abroad. But we should be equally 鈥 perhaps even more 鈥 concerned about efforts to rig our elections from within.

Since the U.S. Supreme Court gutted a key provision of the Voting Rights Act in 2013, partisan politicians at the state level have enacted a that have disenfranchised hundreds of thousands, possibly millions, of people.

The promoters of these laws claim they鈥檙e intended to prevent individual voters from committing fraud at the ballot box, such as voting more than once or voting when they are not eligible. But that鈥檚 a fig leaf 鈥 and a skimpy one at that. Researchers have confirmed through exhaustive studies that such fraud is a .

The real threats to democracy are laws and election procedures clearly designed to help the party in power win elections by placing needless barriers in front of African 精东影业ns, low-income voters and others who are more likely to vote for their opponents.

Immediately after the Shelby ruling six years ago, for example, North Carolina lawmakers enacted new voting restrictions that were later struck down by a federal court as an unconstitutional effort to The law鈥檚 voter ID provision, the court wrote, 鈥渞etained only those types of photo ID disproportionately held by whites and excluded those disproportionately held by African-精东影业ns.鈥 The law also contained other harmful provisions, such as eliminating early voting, that disproportionately affected black voters.

To its credit, the U.S. Supreme Court let the lower court鈥檚 ruling stand.

But this summer, the that disputes over another form of election-rigging 鈥 partisan gerrymandering 鈥 are 鈥渘on-judiciable,鈥 meaning it will not intervene when politicians intentionally draw legislative and congressional districts in ways that give them a partisan advantage.

In her dissent, Justice Elena Kagan, :

The partisan gerrymanders in these cases deprived citizens of the most fundamental of their constitutional rights: the rights to participate equally in the political process, to join with others to advance political beliefs, and to choose their political representatives. [They] 鈥 debased and dishonored our democracy, turning upside-down the core 精东影业n idea that all governmental power derives from the people. These gerrymanders enabled politicians to entrench themselves in office as against voters鈥 preferences. They promoted partisanship above respect for the popular will. They encouraged a politics of polarization and dysfunction. If left unchecked, gerrymanders like the ones here may irreparably damage our system of government.

Whether based on race or the political preference of voters, gerrymandering can sometimes result in the control of legislative bodies by parties that get fewer votes than their opponents when every member is on the ballot. Indeed, this happened in the elections for the U.S. House of Representatives in 2012, when Democrats picked up 1.4 million more votes than Republicans, yet . In 2018, majorities of voters in Pennsylvania, Michigan and North Carolina chose Democrats for state House races, yet, because of gerrymandered maps, in those states.

To be clear, the Court鈥檚 ruling between gerrymandering based on pure partisanship and that based on race. that redistricting plans that 鈥渆xplicitly discriminate on the basis of race 鈥 are of course presumptively invalid.鈥

But some civil rights lawyers fear this may be a distinction without a real difference and that the new precedent could have unintended consequences for legal challenges to racial gerrymandering. Kristen Clarke and Jon Greenbaum of the Lawyers鈥 Committee for Civil Rights Under Law :

The Supreme Court鈥檚 Rucho decision may lead legislators to believe that they can get away with racial gerrymandering in places where race and party are highly correlated, by defending these claims on the basis that their decisions were made for partisan, not racial, reasons. Although the Rucho decision did not give an express imprimatur to such connivance, history has shown that those intent on discrimination will use any means available to achieve their goals.

The Supreme Court鈥檚 decision comes at a crucial time. After the 2020 Census, every state will redraw its lines for their statehouses and congressional delegations. Those new maps could help politicians lock in their power 鈥 and their policies 鈥 for years even when their constituents expressly vote for something different.

Whether it鈥檚 gerrymandering, voter suppression or other types of election-rigging by, it鈥檚 clear that our electoral system 鈥 and democracy itself 鈥 is under assault.

That鈥檚 why the Southern Poverty Law Center this year to join the fight for voting rights in the courts and legislatures across the Deep South.

In early July, the SPLC against the state of Florida to overturn a new law that contradicts the explicit language of Amendment 4, a ballot initiative approved by 65 percent of Florida voters last November. The amendment overturned a provision of Florida鈥檚 1868 constitution that prevented 1.4 million people from voting because of previous criminal convictions. Seeking to undermine the intent of Amendment 4, the Florida Legislature passed a law requiring those new enfranchised voters to pay off all fines and fees related to their sentence before they can regain their voting rights 鈥 effectively disenfranchising many of them again.

The SPLC is also a similar, Jim Crow-era law in Mississippi, one that strips voting rights 鈥 for life 鈥 from people convicted of certain crimes. Today, the law prevents one of every six black adults in the state 鈥 and some 200,000 people overall 鈥 from casting a ballot.

These are just a few of the cases and causes the SPLC is taking up as it works to end systematic voter suppression and ensure that everyone has an opportunity to make their voice heard at the ballot box.

鈥淢any people fought and died so that all citizens have a voice in our society through the right to vote, yet many men and women 鈥 disproportionately people of color and poor people 鈥 have been denied this right,鈥 said , the SPLC鈥檚 deputy legal director for voting rights. 鈥淎 healthy democracy depends on full participation by all members of society.鈥

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