In a column on National Review Online's (NRO) The Corner, Fox News contributor and NRO columnist John Fund and Heritage Foundation senior legal fellow Hans von Spakovsky laid out what they considered "The Latest Evidence Of Voter Fraud." The evidence they offered, however, amounted to one county in Mississippi that was recently ordered to remove ineligible voters from its registration rolls, and a report released by the conservative Voter Integrity Project showing a statistically insignificant number of alleged voter fraud cases, neither of which showed any conclusive evidence or prosecution of voter fraud.
In a September 9 column, Fund and von Spakovsky wrote, "Obama-administration officials and their liberal camp-followers who routinely claim there is no reason to worry about election integrity because vote fraud is nonexistent suffered some embarrassing setbacks last week."
The first piece of evidence they offered was a lawsuit brought by the American Civil Rights Union (ACRU) -- a far right legal advocacy group whose senior fellow and policy expert once accused the NAACP's president of "treason" for denouncing voter ID laws, and who said it was racist to oppose those same laws -- against Walthall County, Mississippi in which the county was instructed to purge its voter rolls of felons, the deceased, and duplicate registrations. Fund and von Spakovsky made no claims of actual voter fraud in regards to that case, however, writing only that:
This is the first time in the 20 years that the NVRA has been in force that a conservative group has sued to enforce Section 8, while liberal advocacy groups have filed many cases to try to stop election officials from cleaning up their registration lists, a practice which they foolishly label "voter suppression."
An inflated voter registration roll by itself is not evidence of voter fraud, which the Brennan Center for Justice defined as "when individuals cast ballots despite knowing that they are ineligible to vote, in an attempt to defraud the election system." Instead, voter roll purges have repeatedly been used as a tool to disenfranchise minorities and students -- traditionally Democratic voting blocs.
The second piece of evidence Fund and von Spakovsky presented was a report released by the Voter Integrity Project of North Carolina (VIP-NC), a group with a history of false claims regarding voter fraud. VIP-NC released a report they obtained from the North Carolina Board of Elections which shows 475 cases in which the state had a "reasonable suspicion" that voter fraud occurred. Those cases were turned over to the appropriate district attorneys and Fund, von Spakovsky, and VIP-NC acknowledged that prosecutors chose not to bring charges in those cases. However, Fund and von Spakovsky attributed the lack of convictions to political fear, writing, "As VIP also points out, the report raises the important question of why local district attorneys in North Carolina have been 'so negligent in prosecuting' these referrals."
Fund and von Spakovsky used the VIP-NC report to advocate for strict voter ID laws and portrayed North Carolina as a hotbed of voter fraud (emphasis added):
The report shows that there were 475 cases of election fraud that the Board "believed merited a referral" to prosecutors between 2008 and 2012. The fraud included double voting, impersonation and registration fraud, and illegal voting by noncitizens and felons. Not all of this fraud would have been stopped by voter ID, but there are certainly people willing to engage in fraud and we need to take a comprehensive approach to protect the security of the voting and election process.
In fact, the strict voter ID laws they advocate might have prevented only one of the 475 alleged voter fraud cases referenced -- the single allegation of voter impersonation. According to the report, the majority of the 475 cases occurred during the 2008 general election, when over four million people voted. Yet conservatives in the state have used similar claims of voter fraud to pass what former Secretary of State Hillary Clinton called a "greatest hits of voter suppression."
According to Mother Jones, North Carolina's law "prohibits same-day registration, ends pre-registration for 16- and 17-year-olds, eliminates one week of early voting, prevents counties from extending voting hours due to long lines (often caused by cuts in early voting) or other extraordinary circumstances, scratches college ID cards and other forms of identification from the very short list of acceptable state-issued photo IDs, and outlaws certain types of voter registration drives." From Mother Jones:
The bill's new provisions make it so that, with very few exceptions, a voter needs a valid in-state DMV-issued driver's license or non-driver's ID card, a US Military ID card, a veteran's ID card or a US passport. According to an April 2013 analysis (pdf) of state Board of Elections data by Democracy North Carolina, 34 percent of the state's registered black voters, the overwhelming majority of whom vote Democrat, do not have state-issued photo ID. The same study found that 55 percent of North Carolina Democrats don't have state-issued photo ID. Only 21 percent of Republicans have the same problem.
Instead of protecting elections from fraudulent voting, strict voter ID laws are instead being used to disenfranchise minorities and low-income individuals in an effort to help Republicans win elections.
Fund and von Spakovsky both have a history of spreading misinformation about voter fraud, culminating in a book they co-authored that is rife with falsehoods. NRO's continued advocacy of strict voter ID laws is not surprising given its sordid history regarding civil rights.