April 2008
Demos Testifies Before Congress about Mixed State Compliance, DOJ Inaction on NVRA
On April 1, Demos Senior Counsel Lisa Danetz testified before a congressional panel about states' failure to offer voter registration to low-income citizens, as required by the National Voter Registration Act of 1993 (NVRA). The Elections Subcommittee of the U.S. House Administration Committee also heard testimony from Project Vote and representatives from the North Carolina State Board of Elections and the Michigan Department of Human Services. New initiatives launched in the latter two states offer model practices for reversing the 79 percent decline in voter registration at state public benefit agencies since the NVRA went into effect. Testimony and an archived webcast are available on the Subcommittee's website.
Section 7 of the National Voter Registration Act requires states to provide the opportunity to register to vote to clients of public assistance programs such as Food Stamps, TANF, Medicaid, and WIC. A recent report by Demos and Project Vote documents the dramatic decline in such registrations since 1995--despite growth in large public assistance programs like Food Stamps and Medicaid.
Ms. Danetz provided the Elections Subcommittee with evidence of Section 7 non-compliance in states across the country. Violations include the lack of voter registration applications at public assistance offices and office personnel who are unaware of their responsibilities under the law. Ms. Danetz also discussed Demos' experience in working with states like Iowa, North Carolina and Michigan to implement best practices and dramatically increase the number of low-income voters registering at public assistance agencies.
Also represented at the hearing were the North Carolina State Board of Elections and the Michigan Department of Human Services, two state agencies that have worked closely with Demos and our partners to develop strong public assistance registration programs.
North Carolina has accomplished a dramatic turnaround in voter registration at its social services agencies. Testifying on behalf of the North Carolina Board of Elections, Deputy Director Johnnie Mclean noted that its Section 7 reimplementation plan, put into place one year ago, has resulted in an almost six-fold increase in the average number of public assistance registrations per month. Over 34,500 individuals were able to register to vote from February 2007 to February 2008, compared to only 11,600 in the entire preceding two years.
The Michigan Department of Human Services rolled out an innovative Civic Engagement Initiative this month. Program components include staff training on voter registration, oversight, public education, data reporting and appointment of local Voter Registration Coordinators. Catherine Truss of the Department of Human Services stressed that voters were central to her agency's core mission of client empowerment. "As part of our mission to assist families to be safe, stable, and self-supporting, we believe it is essential that families are empowered to act toward their own best interests and be active participants in decisions that affect their lives--with one of the most important activities being to cast a vote," said Ms. Truss.
Agency-based registrations under Section 7 would also likely rise if the U.S. Department of Justice exercised its enforcement authority. Regrettably, the Justice Department's interest in enforcement action has dropped off dramatically over the past six years--though, there have been small but encouraging signs of renewed interest in enforcement on the part of the Justice Department in recent months. The tremendous results that can be achieved with stepped-up DOJ action is evident in Tennessee, against which the DOJ filed suit in 2002. Approximately 50,000 voter registration applications originated in Tennessee public assistance agencies in an earlier two year period (1999-2000). After Tennessee settled the lawsuit and came under court order, agency-based voter registrations more than tripled, reaching 174,000 in 2003-2004.
The hearing generated considerable interest among news outlets and blogs, including an April 4 interview with Demos Senior Policy Analyst Scott Novakowski on KCPW radio in Salt Lake City, Utah (an NPR affiliate), and coverage by the Kansas City Star, La Opinion, and Politico.
Victory for Internet Political Speech: Ninth Circuit Affirms First Amendment Protection for Vote-Swapping Websites
The Ninth Circuit confirmed an important First Amendment victory for operators and users of political websites, denying California's petition for rehearing en banc in Porter v. Bowen. The order left standing an August 2007 ruling by a three-judge panel that the First Amendment protects so-called "vote-swapping" websites from threats of criminal prosecution by government officials.
The dispute dates back to the 2000 presidential election. Vote-swapping websites--dubbed "Nader-Trader" sites by some--sprang up in the last few weeks of the election cycle as the polls tightened and the impact of third-party voters in closely contested "swing" states became a prominent part of the public debate. The websites, which represented one of the first broad-scale uses of the Internet for political association in a presidential campaign, provided information about the Electoral College and the competitiveness of the major-party races around the country. They also offered a forum in which third-party supporters in swing states could strategize with major-party voters in "safe" states about agreeing to "swap" their votes to avoid handing the election to their least-preferred candidate. The sites were used in particular by many voters who were concerned that a vote for Nader would swing the election to George Bush in a particular state.
Then-California Secretary of State Bill Jones sent letters to some of the website operators, threatening them with criminal prosecution for facilitating what he termed "vote-buying"--even though no money or other economic benefit ever changed hands and the website users were solely engaged in strategizing to reach their political goals. These operators, and others who learned of the letter, promptly disabled their websites out of fear of prosecution. As a result, thousands of voters were denied the opportunity to make contact with like-minded citizens around the country.
Together with the ACLU of Southern California, Demos represented operators of two of the affected websites, as well as two voters who were prevented from using the websites after the shutdown. To download the ruling, visit http://www.demos.org/pub1544.cfm.
Demos Presents its First Online Seminar
Later this month the Democracy and Economic Opportunity programs at Demos will present a seminar for the Young People for the American Way Progressive Academy Online. Though designed for Young People for the American Way's YP4 Fellows, Progressive Academy Online courses are open to everyone. The Demos program will run from April 21st to May 31st and be presented in two parts.
Part I: Economic Justice - will explore the widespread economic insecurity and declining opportunity that characterizes American society today. The sessions will examine the dwindling middle class and the growth of personal debt among low-to-middle-income households, with a particular focus on the economic challenges that young adults confront.
Part II: Election Reform - will address some of the challenges and barriers citizens face as they attempt to participate in the electoral process, and laws or proposals designed to insure the right to vote for traditionally disfranchised groups. Our primary focus will be on young people, communities of color and low- income citizens.
Each week we will discuss the concerns, possible solutions and suggest ways seminar participants can get involved locally or nationally.
For more information, visit http://www.youngpeoplefor.org/resources/pao/courses/thenewdemocracy
EDR Continues to Gain Momentum
State interest in Election Day Registration (EDR) continues to grow as legislatures in Hawaii, Oklahoma, West Virginia and Massachusetts consider EDR proposals. The highlight last month was the passage of a joint resolution in West Virginia to conduct a feasibility study of Election Day Registration (HCR 79), introduced by Delegate Carrie Webster. The study is due before the start of the 2009 session.
The race now is between Hawaii, Massachusetts and Oklahoma. Which of these three states will be the next to allow Same Day Registration? The odds are close between Hawaii and Massachusetts; Oklahoma is a long shot.
Hawaii. Both houses of the legislature passed EDR bills last year, with one minor difference regarding the list of acceptable voter identification. The difference was resolved by a conference committee. The bill seemed like it was on its way to final passage, but died when proponents ran out of time at the end of the 2007 legislative session. Election Day Registration had a slower start this year as campaign finance reform occupied advocates and legislators. Nevertheless, the EDR bill may still be considered.
Massachusetts. The legislature seems poised to adopt an EDR pilot program (S 446 / H 646). The EDR bills introduced this year by Sen. Cynthia Creem, and Rep. Gloria Fox, have the support of the co-chairs of the Joint Committee on Election Laws. The EDR proposals would allow people to register and vote on Election Day in two general elections--2008 and 2010--and sunset thereafter. EDR would be available to voters in these two statewide elections, but not apply to the 2009 local elections.
Oklahoma. The Oklahoma legislature is actively considering imposing a voter ID requirement for all voters. EDR was injected into the legislative debate when the Senate ID bill (SB 1150) was amended by Senate Democrats to include an Election Day Registration provision. SB 1150 was adopted by the Senate, referred to the House and taken up by the House Rules Committee. House Rules stripped EDR out of SB 1150 and passed it out of committee on April 2. The House-amended voter ID measure must be acted on by the full chamber before an April 24 deadline.
Demos Co-Sponsors April 19 What Is Change? Community Mobilization and Voter Registration Event in Boston
Project Think Different, MassVOTE, Demos, Teen Empowerment, and over 40 organizations from throughout Boston are sponsoring What Is Change?, a community mobilization and voter registration event on Saturday April 19, 2008. To mark the anniversary of the start of the American Revolution, What is Change? will offer thousands of Boston citizens the necessary tools for instituting change at the local and national levels in the course of the afternoon-long event. In addition to a voter registration drive, dozens of musicians and key local figures are slated to storm the stage with socially-conscious, solution-oriented music and messages. Project: Think Different uses music, film and video to create, fine-tune and disseminate new cultural messages that promote positive action. Thousands of individuals are expected to participate in the April 19th event.