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Editorial boards across the nation celebrated the striking down of “malicious” and “discriminatory” voter ID laws in numerous states as a victory against Republican-controlled legislatures’ “thinly veiled attempts at voter suppression.”
Echoing a right-wing media myth, Republican presidential nominee Donald Trump claimed recent court rulings striking down voter restrictions would cause the presidential election to be “rigged” because voter ID laws prevent people committing in-person voter fraud by not allowing them to keep “voting and voting and voting." In reality, in-person voter fraud is extremely rare and voter ID laws disproportionately harm minority voters.
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Texas conservatives failed to submit enough valid signatures to put Houston's city-wide non-discrimination ordinance up for a public vote in November. Now those conservatives, led by Fox News, are pressuring the city to accept signatures determined to be improperly collected or otherwise irregular in order to "let the people vote" to repeal the measure.
In August, opponents of Houston's recently enacted Equal Rights Ordinance (HERO) reportedly submitted more than the seventeen thousand signatures needed to qualify put the measure on the November ballot. However, upon review of the petition under the City Charter, City Attorney David Feldman determined that thousands of the signatures failed to meet the legal requirements set by local and state law for a voter referendum. As explained by the Mayor's office:
"The Charter requirements are in place to ensure a fair and legal process, absent of fraud," said City Attorney David Feldman. "In this instance, there are too many documents with irregularities and problems to overlook. The petition is simply invalid. There is no other conclusion."
"I fully expect the petitioners will want to fight this decision at the courthouse," said Mayor Annise Parker. "I am confident the courts will agree that the rules set out in our Charter and state law to protect the integrity of the process should be followed and that the results of our review will be upheld. The judicial review will provide additional assurance to the voters that the process has been fair."
On November 2, thousands of conservatives met in Houston at the "I Stand Sunday" rally to demand that the city government allow for a public vote on the ordinance, despite the failure of the repeal petition. The event, which was hosted by the anti-gay hate group Family Research Council (FRC), was widely promoted by Fox News and featured speeches from Fox's Todd Starnes and Mike Huckabee.
At the rally, speakers demanded that the city of Houston "let the people vote" on the ordinance, accusing openly gay Mayor Annise Parker of violating the religious liberty of HERO's opponents by refusing to count their improperly collected signatures:
Fox News adoringly highlighted the story of a 92-year-old Texas woman after she started "raising a stink" about her struggle to vote under the state's new draconian voter ID law, treating her story as an isolated case and ignoring thousands of Americans disenfranchised by similar laws.
A stringent new voter ID law enacted June of 2013 in Texas obstructed the ability of 92-year-old resident Ruby Barber to cast a ballot. From the New York Daily News:
Ruby Barber, a senior citizen in the small town of Bellmead, Texas, had been unable to vote because she could not find her nearly century-old birth certificate that she'd need to obtain a voter ID under a new state law.
"I'm sure (my birth) was never reported because I was born in a farmhouse with a coal oil lamp," Barber, 92, told the Waco (Texas) Tribune. "Didn't have a doctor, just a neighbor woman come in and (delivered) me."
The host of Fox News' America's Newsroom, Martha MacCallum and reporter Casey Stegall offered glowing support for Barber and her struggle to vote, praising her plucky persistence to get back her right to vote. But Fox treated Barber's case as an isolated one -- a hiccup in an otherwise necessary policy to combat voter fraud.
The reality is that Barber represents a much larger group of Americans disenfranchised by Texas' new voter ID law where - up to 800,000 Texas voters, according to the League of Women Voters of Texas.
Seventeen months after Fox News became briefly fixated on Republican claims that hundreds of dead voters had cast ballots in South Carolina, those allegations have been completely debunked by an investigation by law enforcement that found no evidence of voter fraud.
The South Carolina "dead voter" claim sprang from testimony from Kevin Schwedo, the director of the state's Department of Motor Vehicles, who said on January 11, 2012, that more than 950 residents were recorded as having cast a vote after their reported death date. Schwedo made clear that this could have been the result of data errors or voters dying after casting an absentee ballot, but the state's Republicans, led by Attorney General Alan Wilson, seized on the report as evidence of widespread voter fraud.
Wilson took his campaign to Fox News, where he received a platform for softball interviews from several anchors. The network used the "dead voter" story to promote South Carolina's voter ID law, which had been blocked by the Justice Department.
Again, these claims were always dubious - deceased voter fraud claims are often revealed as unfounded, the result of data errors or other explanations.
Indeed, on July 3 the public release of an investigation by the South Carolina Law Enforcement Division (SLED) provided the answer we anticipated: No voter fraud was found, no charges filed. As of noon E.T. on July 8, Fox had not reported on those findings.
Before and after every major election, John Fund can be found on Fox News and elsewhere in the conservative media hyping allegations of voter fraud that he insists are tainting our democracy and require legislative remedy, usually in the form of strict voter ID laws. And, sure enough, he's taken to National Review Online to wave around a Hamilton County, Ohio, investigation into 19 cases of possible voter fraud in the 2012 election. Unfortunately for Fund, those 19 cases represent a minuscule percentage of the hundreds of thousands of votes cast, and just two of the cases involve voters casting more than one in-person ballot, a type of fraud that strict voter ID laws are supposed to prevent.
Critics of voter ID and other laws cracking down on voter fraud claim they're unnecessary because fraud is nonexistent. For instance, Brennan Center attorneys Michael Waldman and Justin Levitt claimed last year: "A person casting two votes risks jail time and a fine for minimal gain. Proven voter fraud, statistically, happens about as often as death by lightning strike."
Well, lightning is suddenly all over Cincinnati, Ohio. The Hamilton County Board of Elections is investigating 19 possible cases of alleged voter fraud that occurred when Ohio was a focal point of the 2012 presidential election. A total of 19 voters and nine witnesses are part of the probe.
Note that Fund's example of someone arguing that voter fraud is "nonexistent" is Waldman and Levitt arguing that it's exceedingly rare, which is obviously not the same as "nonexistent." So already he's refuting an argument no one is making.
But what about the Hamilton County investigation that has Fund so excited? A whole 19 cases of possible voter fraud! Fund doesn't bother to mention that there were 421,997 ballots cast in Hamilton County in 2012*. So even if every single one of those 19 cases involved the fraudulent casting of a ballot, they would represent just 0.0045 percent of the total. That's pretty rare -- which is exactly the point Waldman and Levitt made.
As Republican lawmakers in Virginia moved to further tighten the state's voter ID requirements, the state's two largest newspapers abandoned the larger factual context of the debate by failing to report the scarcity of voter fraud and the state's history of voter disenfranchisement.
The Richmond Times-Dispatch and Norfolk's Virginian-Pilot reported that both a Virginia House of Delegates subcommittee and the Senate Privileges and Election Committee approved separate bills that would further tighten Virginia's voter ID requirements. The newspapers each employed a he-said/she-said presentation of the debate and failed to inform readers of the fact that in-person voter fraud -- the kind of fraud ID laws are supposedly meant to mitigate -- is extremely rare.
From the Times-Dispatch, which characterized the arguments for and against the proposed photo identification election bill in shallow back-and-forth fashion:
Sen. Mark D. Obenshain, R-Harrisonburg, the sponsor of Senate Bill 1256, has said it would help ensure integrity in elections and deter voter fraud, while critics said it would further disenfranchise poor, elderly and minority voters.
Democrats, voting groups and civil rights organizations accuse Republicans of attempting to suppress the vote.
Meanwhile, the Virginian-Pilot balanced a pro-voter ID anecdote from a House panel witness who found "that someone else had voted under her name in 2008" against "a variety of other speakers -- representing groups from the League of Women Voters to the NAACP," who opposed the ID requirement "as costly and unnecessary, saying it would disenfranchise minority, elderly and low-income Virginians."
The Times-Dispatch and the Virginian-Pilot ignored objective realities about the kind of "voter fraud" Sen. Obenshain claimed to be fighting. According to NYU's Brennan Center for Justice, in-person voter fraud is "more rare than getting struck by lightning." Investigations by The New York Times, News21 and Demos have all found little or no evidence of in-person voter fraud, and there are no credible claims that voter fraud swayed the outcomes of any major election in 2012.
The editorial board of the Times-Dispatch acknowledged the scarcity of voter fraud in an editorial on January 17, describing voter impersonation as "virtually nonexistent" and noting that "the evidence of need for [tightened voter-ID requirements] is almost as scant as the evidence of Bigfoot." Yet this fact remained absent from the newspaper's January 30 news coverage of the voter ID debate.
Furthermore, both newspapers missed an opportunity to inform readers about Virginia's history of race-based voter disenfranchisement -- a history that remains procedurally relevant thanks to the Voting Rights Act, which (via Section 5 of the Act) requires states like Virginia to receive approval from the U.S. Department of Justice or a federal court before they may finalize changes to their electoral system.
Virginia media followed in the footsteps of the Associated Press, which failed to note the importance of the VRA in a similar story about a Republican voter ID push in North Carolina earlier this month. While the Virginian-Pilot acknowledged the existence of the VRA in the lawmaking process, it failed to explain the state's history of voter disenfranchisement, which is why the VRA Section 5 applies to Virginia. The Times-Dispatch failed to mention the Act at all.
As conservative legislators in nine states renew the push for restrictive voter ID laws, their efforts have been aided by state media outlets that continue to ignore or misinform readers on the issue.
Republican lawmakers in several states -- Alaska, Arkansas, Missouri, Montana, New York, North Carolina, Virginia, West Virginia and Wisconsin -- have stated that new or more restrictive voter ID rules will top their agendas in 2013. (Republicans control both houses of the legislature in all those states but New York and West Virginia. In Virginia, the GOP controls the House and maintains a 50/50 split with Democrats in the state Senate.) These proposals come just weeks after the 2012 election, in which there was no evidence of massive voter fraud.
A Media Matters analysis of the largest newspapers in each state found that coverage of these new voter ID initiatives has been largely devoid of context about the overstated dangers of voter fraud or of the significant influence of the American Legislative Exchange Council (ALEC), a shadowy organization dedicated to pushing a homogeneous conservative agenda state-by-state. Only four of the nine newspapers covered the 2013 initiatives at all, and only one mentioned ALEC.
A lengthy South Florida Sun-Sentinel article on Florida's Election Day fiascos whitewashed Republican Gov. Rick Scott's role in creating horrific voting scenarios that have made the state a national laughingstock and disenfranchised parts of the Florida electorate.
The article, published in the November 8 edition of the Sun-Sentinel, buried Scott's refusal to follow a Florida tradition of extending early-voting hours after reports over the weekend that voters stood in long lines waiting for hours to cast a ballot and noted his refusal only in the context of partisan criticism from former governor and "Obama supporter" Charlie Crist. Worse, the article seemed to imply that Scott joined President Obama in expressing a strong desire to fix the system that he left broken. His comments, however, don't reflect the empathy attributed to him by the reporter. From the article (emphasis added):
Images of long, long lines of people in South Florida waiting to cast ballots during early voting dominated the airwaves. Many voters in Miami-Dade, Broward and Palm Beach counties reported waiting several hours. That continued on Election Day with some voters in Miami not getting done at the polls until about 1:30 a.m.
Even Obama seemed to have noticed, making an apparent jab at Florida in his acceptance speech early Wednesday morning.
"I want to thank every American who participated in this election whether you voted for the very first time or waited in line for a very long time," he said. "By the way, we have to fix that."
And the president is not the only one saying that.
Gov. Rick Scott, when questioned last week about the long voter lines, said that seeing so many people turn out to do their civic duty was "exciting."
On Wednesday, Scott stopped short of criticizing the state election's process, but said he would be reviewing it with Florida Secretary of State Ken Detzner.
"What went right, what can we improve?" Scott said.
Discredited conservative filmmaker James O'Keefe released heavily edited videos Wednesday claiming to prove that members of President Obama's campaign team are helping voters engage in voter fraud. In fact, neither of the highly edited videos O'Keefe released shows a single vote being cast, completely undermining his campaign to demonstrate widespread voter fraud.
In the heavily doctored videos, so-called undercover reporters are shown approaching individuals identified as staffers for Organizing for America, Obama's grassroots campaign organization, and other Obama supporters handing out voter registration forms in Texas and New York. The reporters claim they want registration forms because they intend to vote in two states.
No votes were cast, and no voter fraud occurred in either video, yet both doctored films are falsely blasted out under headlines promising a voter fraud expose.
In the first doctored video O'Keefe released in his latest campaign, a woman identified as Houston OFA Regional Field Director Stephanie Caballero is shown talking to a so-called undercover reporter who asks for help requesting an absentee ballot to vote in Florida, where the "reporter" claims to be registered to vote. The "reporter" is heard saying she intends to vote in both Florida and in Texas. The woman identified as Caballero at various times laughs, urges the "reporter" to only vote in Florida, and at one point says, "Come up with like, if anyone checks, say, 'I don't know.' "
Without the full, unedited video, it is impossible to know what any of this is actually in response to. As of publication, O'Keefe has not released the unedited video.
The woman identified as Caballero offers to print off an absentee ballot request form and explains the absentee ballot process, at one point acknowledging that she is not an expert in whether canvassing boards cross check absentee ballots to make sure voters don't vote twice. During what O'Keefe said is a second visit, the so-called reporter allegedly received an absentee ballot request form.
That a person claiming to be eligible to vote in Florida obtained an absentee ballot request form is not shocking. In fact, absentee ballot request forms are available online courtesy of Florida election officials. And printing one off is several steps away from actually voting.
What's important is that O'Keefe has not shown a single vote being cast, let alone a second "double" vote. O'Keefe hasn't even shown a potential voter actually requesting an absentee ballot. At best he's demonstrated printer abuse.