Election Law

Issues ››› Election Law
  • Media Report That Voter ID Laws Could Suppress 34,000 Trans Voters This Election

    South Florida Gay News: Voter Suppression Affects The “Electoral Impact Of LGBT People, Further Marginalizing All LGBT People,” “Especially Transgender People Of Color”

    ››› ››› ERIN FITZGERALD

    Media are reporting that stringent voter ID laws in several states have a harsh impact for transgender voters, who often face barriers to updating their ID documents to reflect their gender and experience harassment and mistreatment as a result. 

  • Fox Report On Low African-American Turnout In North Carolina Ignores GOP Voter Suppression

    Blog ››› ››› ANDREW LAWRENCE

    Fox News’ Shannon Bream reported on the low early vote totals of the “crucial Democratic voter bloc” of African-Americans in North Carolina but ignored the voter suppression efforts of the Republican Party in North Carolina that include a reduction in early vote hours and fewer polling locations.

    A November 3 report by Shannon Bream during Fox News’ On The Record with Brit Hume highlighted the lower voter turnout by African-Americans in North Carolina so far in 2016 compared to 2012 and 2008. Bream reported the number of African-Americans early voting had fallen by 16 percent.

    But Bream’s report failed to mention the ongoing effort by Republicans in the state to systematically purge voter rolls of African-American voters while also reducing the total number of hours for early voting, cutting the number of polling locations, and reducing the hours available to vote on weekends and evenings.

    A November 3 report from Reuters highlighted the efforts of the North Carolina GOP to suppress Democratic voters by state and county Republican officials who “lobbied members of at least 17 county election boards to keep early-voting sites open for shorter hours on weekends and in evenings – times that usually see disproportionately high turnout by Democratic voters.” Furthermore, Reuters revealed a concerted effort by Republican officials to close polling locations on Sundays, a move that would hamper the North Carolina “Souls to the Polls” efforts in which African-American churchgoers early vote following Sunday services.

    North Carolina residents have also had their voter registrations challenged just weeks before the election due to mail being returned from their addresses as undelivered. In Beaufort County, North Carolina, 138 residents had their registrations challenged – 92 were black and registered Democrats while only 17 were Republicans. The Guardian reported that Democratic-leaning Guilford County, North Carolina, had a 60 percent increase in African-American voters following the opening of additional polling locations last week:

    In Democratic-leaning Guilford County, the state's third largest, a county board of elections meeting on Aug. 8 attracted about 75 people after word spread that the board was planning to halve the number of early voting sites, from 24 in 2012.

    The Rev. Nelson Johnson said in an interview that the proposal by the board's Republican chairwoman would "prevent voting especially by people who can't easily take time off" and said it "absolutely" had a racial intent. Johnson, who is African American, leads a community center in Greensboro, North Carolina.

    […]

    Guilford's plan also included one restriction that particularly angered Democrats. In the first week of early voting in 2012, residents could vote at 16 sites. This year, that has been reduced to one.

    Mary Cranford, 52, a registered Republican, was fourth in line on the first day of early voting in Guilford. She was able to vote but said she was upset that only one site was open for the first week. She said she voted for Clinton this year.

    "I can't believe what's been done to keep some people from voting in this state," she said.

    Just 7,916 people voted in the first week of early voting in Guilford this year, compared to 60,732 in 2012, according to state elections board records.

    The general counsel for Clinton's campaign and other plaintiffs filed a court motion on Oct. 1 demanding Guilford and four other North Carolina counties expand their early voting opportunities. The court denied it, saying that changing the early voting plans “would create logistical difficulties.”

  • Right-Wing Media Revive Discriminatory Effort To Discourage Early Voting

    ››› ››› DINA RADTKE

    Several Fox News hosts have recently been critical of early voting, a process that is especially important to voters of color who face systemic barriers to voting on Election Day. Fox hosts baselessly claimed that voters who already took advantage of early voting now want to change their votes and suggested voters “don’t know all of the information” prior to voting, which raises questions about “the wisdom of early voting.” Right-wing media figures’ contempt for early voting is not new.

  • STUDY: MSNBC Provides Exemplary Coverage Of Voter Suppression While Fox Pushes Voter Fraud Myths

    Blog ››› ››› BRENNAN SUEN

    A Media Matters analysis of cable news prime-time coverage of voter fraud and voter suppression efforts between October 27 and November 2 found that Fox News completely ignored or dismissed voter suppression in this time period while fearmongering about rare and isolated threats of voter fraud. MSNBC dedicated 10 segments to voter suppression and debunking claims of widespread voter fraud, while CNN discussed voter suppression twice and voter fraud once.

    Over the past week, Fox News discussed voter suppression once once, during a November 1 O’Reilly Factor segment (via Nexis) where host Bill O’Reilly and The Five host Kimberly Guilfoyle dismissed concerns of voter intimidation. The two criticized a lawsuit alleging that Republican presidential nominee Donald Trump’s campaign was intimidating voters by calling on supporters to challenge the qualifications of voters at the polls. During the segment, O’Reilly questioned, “How can you intimidate someone after they have already voted?” later calling the lawsuit “a total publicity stunt.” Guilfoyle asked what the “point of the lawsuit” was and asserted that it was “going to fail.”

    In contrast, Fox News devoted two segments to fearmongering about voter fraud, one on The Kelly File and another on The O’Reilly Factor. On the October 27 edition of The Kelly File (via Nexis), Fox’s Trace Gallagher reported on “voting machines flipping votes” in Texas and “a few other states,” alleging that votes for Republicans had been suspiciously flipped to votes for Democrats. NPR also reported on this story but added the context that the likely problem with voting machines is that they are old, that voters “see it happen right in front of them on the voting machine screen” in the “handful” of reports, and that voters can easily fix the error:

    Voters can usually change the selection to the right one before their ballot is cast. If not, they can let a poll worker know there's a problem so they can move to a machine that works. In many places, such machines also have paper ballot backups, if there's ever a question about the vote.

    Trump appeared on the October 27 edition of The O’Reilly Factor (via Nexis), where he alleged that “there are 1.8 million people who are dead who are registered to vote, and some of those people vote.” O’Reilly did ask Trump to provide data or facts on vote flipping in Texas, which Trump could not do: “No, they just call in,” he said, presumably referring to people who have reported that their votes were flipped.

    On MSNBC, however, hosts Rachel Maddow and Chris Hayes primarily focused on the threats of voter suppression in the 2016 election, with Maddow’s show covering the topic in every episode over the course of a week and Hayes covering it during four of five episodes of his show All In. Last Word host Lawrence O’Donnell covered it once, combining to make a total of 10 discussions on the topic on MSNBC. When the shows covered voter fraud, the hosts always debunked the myth that it is widespread. For example, on the November 1 edition of Maddow’s show, Maddow discussed the controversial Voter Integrity Project in North Carolina, which “famously claimed they had identified 30,000 dead people who were registered to vote” in the state and whose website once ran a piece headlined “Raping the Retard Vote.” Maddow debunked the group's claims, stating:

    RACHEL MADDOW (HOST): That story did get awkward when these supposedly dead people in North Carolina started turning up, raising their hands, talking to the press, making a pretty convincing case that they were, in fact, not dead. They were alive. We hosted an elections official in North Carolina at the time who confessed to us how many man-hours, how much work, how many resources the state was having to put in to chasing down these supposedly 30,000 dead people on the rolls after they got so much press.

    Ultimately, they were not able to find a single instance of voter fraud despite all those headlines. They hadn`t been able to find any real dead people really voting.

    MSNBC’s hosts also noted that many of these voter suppression efforts have a disproportionate impact on minorities. During the October 31 edition of his show (via Nexis), Hayes explained that a North Carolina voter ID law was struck down for “deliberately target[ting] African-Americans with almost surgical precision in an effort to depress and suppress black turnout at the polls.” Hayes noted that the Republican-controlled state and local government there targeted “the means of voting that they know will be disproportionately used by black voters.”

    Although CNN only discussed voter suppression twice, Don Lemon devoted a substantial portion of the November 2 edition of his show (via Nexis), CNN Tonight, to voter suppression in North Carolina and a lawsuit there brought by the NAACP. The lawsuit claimed that the “restrictive voting laws” in the state “are really designed to keep African-Americans from casting their ballots.” Guest Irving Joyner, a professor at North Carolina Central University School of Law, highlighted the case of 100-year-old Grace Bell Hardison, an African-American woman who was nearly wrongfully purged from the voter registration rolls because a postcard the Voter Integrity Project sent her was returned unanswered.

    CNN also had one significant discussion on voter fraud during the October 27 edition of CNN Tonight, where Lemon asked CNN contributor and Trump supporter Kayleigh McEnany what was “behind this rigging theme from the Trump campaign.” Lemon pushed back on McEnany’s claims that Obama said “people who are in power tend to tilt things their way,” noting that is “very different than saying the entire system is rigged.”

    Methodology

    Media Matters searched CNN, MSNBC, and Fox News prime-time (8 p.m. through 11 p.m.) transcripts on Nexis between October 27 and November 2 for the following terms or variations of terms within 50 words of the terms and variations of “vote,” “ballot,” “poll,” and “election”: “suppress,” “intimidate,” “fraud,” “impersonate,” “dead,” “fake,” “watch,” “monitor,” “imposter,” “improper,” “integrity,” “security,” or “switch.” Media Matters counted segments where voter suppression or fraud was the stated topic of conversation or monologue or there was an exchange of two or more people discussing the point in an exchange. These segments do not include mentions of voter suppression relating to voter enthusiasm.

  • Trump Supporters Are Using Fox’s Contrived New Black Panther Scandal From 2010 To Defend His “Rigged Election” Claim

    Blog ››› ››› BRENNAN SUEN

    Conservative media and Republican presidential nominee Donald Trump’s presidential campaign are revisiting the debunked right-wing media pseudo-scandal of voter intimidation by the New Black Panther Party to defend Trump’s assertion that “large scale voter fraud” will affect the election.

    After the 2008 election of President Barack Obama, a video went viral of two members of the New Black Panther Party standing outside a Philadelphia polling station on Election Day. One was a registered Democratic poll watcher; the other held a nightstick. Under President George W. Bush, the Department of Justice (DOJ) opened an investigation into the incident after Republican poll watchers complained (no voters ever alleged that they were intimidated by the men). Later, under Obama’s administration, the DOJ obtained a default judgment against the member carrying the nightstick and dropped the case against the poll watcher, the organization, and its leader.

    Bush’s U.S. Commission on Civil Rights, which at the time was packed with conservative activists, responded to the conclusion of the case by opening an investigation, even though the Republican vice chairwoman of the commission called the case “very small potatoes” and criticized the “overheated rhetoric filled with insinuations and unsubstantiated charges.” Nevertheless, J. Christian Adams, an activist Republican member of the commission, went on a lengthy crusade against Obama’s Justice Department for dropping the charges, resigning and claiming the decision showed unprecedented, racially charged corruption.

    Adams found a friendly and eager platform for his position in Fox News, particularly with host Megyn Kelly. In 2010, Fox News devoted at least 95 segments and more than eight hours of airtime in two weeks to the phony scandal, including more than 3.5 hours on Kelly’s America Live. Adams admitted that he had no first-hand knowledge of the conversations leading to the decision.

    One year later, an internal investigation at the Justice Department found that “politics played no role in the handling” of the case and that “department attorneys did not commit professional misconduct or exercise poor judgment.” Fox News spent only 88 seconds covering the debunking of a phony scandal of its own creation. Kelly spent only 20 seconds of her show covering the report.

    But the damage was already done, and the obsessive coverage of the non-event has bubbled back up in the 2016 presidential election.

    On October 17, Trump tweeted, “Of course there is large scale voter fraud happening on and before election day.” As they tried to play defense for their candidate, right-wing media figures invoked the faux New Black Panther scandal. CNN’s paid Trump surrogates Kayleigh McEnany and Scottie Nell Hughes got in on the action, with McEnany claiming that Trump “doesn’t want a scenario where there's New Black Panthers outside with guns, essentially like intimidating people from coming into the polls” and Hughes saying that “voter suppression happened when the Black Panthers stood outside the election room.” (CNN’s Kristen Powers retorted, “There was not a single complaint from a single voter.”)

    Conservative radio hosts joined in, with Mike Gallagher asserting that “in Philadelphia we know all about the New Black Panther movement and what they did in Philadelphia at the polling places,” and Howie Carr accusing the Obama administration of “refus[ing] to prosecute” them for “roaming outside polling places, precincts in Philadelphia with baseball bats and threatening white people.”

    Key figures in creating the scandal have also resurfaced to defend Trump’s voter fraud narrative. Fox & Friends hosted J. Christian Adams to push the myth that “dead people are voting … and it’s going to affect the election” (in reality, claims of dead voter fraud are “plagued by recurring methodological errors” and actual instances of this kind of fraud are exceedingly uncommon). The Trump campaign also hired Mike Roman as head of a “nationwide election protection operation.” Roman is a Republican political consultant who shopped the 2008 video to Fox News, worked with Adams to push the scandal, and offered to contact every Republican voter in the Philadelphia precinct to determine if any were intimidated at the polling location.

    The New Black Panther Party pseudo-scandal’s resurgence is only the latest example of how obsessive right-wing coverage of a comprehensively debunked myth, followed by scant coverage of news that does not fit the narrative, can allow a myth to pass as truth for years. Fox’s infatuation with Benghazi still continues to this day and, like the New Black Panther Party issue and other myths, it is frequently revived to attack Democratic presidential nominee Hillary Clinton or bolster ridiculous assertions by Trump. By bringing the overblown and debunked New Black Panther story back into the mainstream, Trump backers in the media are grasping at straws to defend his rigged election nonsense.