American political journalist and columnist
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Attorney General Holder is a staunch opponent of laws requiring voters to show photo ID at the polls to improve ballot security. He calls them ‘unnecessary,’ and has blocked their implementation in Texas and South Carolina under Section 5 of the Voting Rights Act, citing the fear that such requirements would discriminate against minorities.
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Jimmy Carter knows the issue of voter fraud well. His first run for office, in a Democratic primary in Quitman County, Georgia in 1962, was stolen by voter fraud that local residents said ‘had been going on on election days as long as most people could remember.’ He went to court and got the election overturned, and ended up winning in the general election. Newly minted state senator Carter helped sponsor a comprehensive reform of the state’s election code; the culprit responsible for stealing the primary election was later convicted of voter fraud in a previous congressional election. As Jimmy Carter learned, fraudulent voting does exist, and criminal penalties imposed after the fact are an insufficient deterrent.
A similar investigation by the New York Daily News of voting rolls in New York City and Florida found 46,000 individuals registered in both states, 68 percent of whom were Democrats; 12 percent were Republicans, and 16 percent didn’t claim a party. Between 400 and 1,000 individuals voted in both states in at least one election—this in Florida, where the presidential election was decided in 2000 by 537 votes—and some of the registered voters double-voted in multiple elections.
Unfortunately, the 2008 election was not an anomaly. In 2006, only 22 percent of nearly 2.6 million military voters cast ballots, compared to 41 percent of the general voting-age population. The U.S. Election Assistance Commission found that only 16.5 percent of an estimated six million eligible military and overseas civilian voters requested an absentee ballot, and only 5.5 percent of these ballots were returned and counted. Data from 24 states on the 2010 election shows that only 4.6 percent of eligible military voters cast an absentee ballot that was actually counted.
The 93 offices of the U.S. Attorneys located throughout the country share responsibility for prosecutions with the Election Crimes Unit. But given their many other responsibilities, vote fraud is not high on their priorities, particularly because they are well aware of the enormous criticism prosecutors receive from the civil rights community when they pursue election cases, as happened during the Bush administration. There is a Designated Election Officer in each office, an Assistant U.S. Attorney, who is supposed to deal with election crimes. But the vast majority have never investigated or prosecuted a voter-fraud case, and have no experience or interest in doing so.
Voter ID might also help prevent double-voting by someone who is registered in two states. In 2004, a comparison of the voter registration rolls in North and South Carolina by the Charlotte Observerfound more than 60,000 people who were registered in two states, at least 180 of whom were listed ‘as having voted in both states in either the 2000 or 2002 general election.’
With its hanging chads, butterfly ballots and Supreme Court intervention, the Florida fiasco compelled this country to confront an ugly reality: that we have been making do with what noted political scientist Walter Dean Burnham has called ‘the modern world’s sloppiest electoral system.’ How sloppy? Lethally so. At least eight of the nineteen hijackers who attacked the World Trade Center and the Pentagon were actually able to register to vote in either Virginia or Florida while they made their deadly preparations for 9/11.
In addition to voting in the names of fictitious people, the crews used several other methods of casting fraudulent votes involving voting under the names of legitimate voters. By reviewing voter registration records at the Board of Elections prior to Election Day, conspirators were able to identify newly registered voters. Crews would go to the appropriate polling places as soon as polls opened in the morning to vote under those names: The reasoning behind this method, according to the experience of one witness, was that newly registered voters often do not vote. By arriving at the polling sites early, the bogus voter would not need to worry about the possibility that the real voter had actually voted.
Should ‘anything’ goes continue to be the standard we often allow, the nation may wake to another crisis far bigger than the 2000 Florida folly. Perhaps then we will demand to know just who subverted the safeguards in our election laws. But wouldn’t it be better if—with the lessons of Florida and even more recent election snafus and scandals so obvious—we did something now?
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State officials such as secretaries of state should be granted investigative subpoena powers to look into both vote fraud and disenfranchisement issues. Historically, election officials have relied too heavily on candidates to identify election problems. Most election boards do not have the authority to conduct vigorous investigations of fraud, and must rely on local district attorney’s offices, which usually are heavily engaged in criminal cases, and not interested in prosecuting election fraud for fear of being labeled partisan or racially motivated.
The [National Voter Registration Act of 1993] imposed an unfunded mandate on the states by requiring that anyone entering a government office to renew a driver’s license or apply for welfare or unemployment compensation would be offered the chance to register on the spot to vote. Examiners were under orders not to ask anyone for identification or proof of citizenship. States also had to permit mail-in voter registration, which allowed anyone to register without any personal contact with a registrar or election official. Finally, states were limited in pruning ‘deadwood’—people who had died, moved or been convicted of crimes—from their rolls. Now, people who didn’t vote would be kept on the registration rolls for at least eight years before anyone could remove them.
There is still time to reduce the chance of another election meltdown, both this year and in future years. But this will not happen unless we acknowledge that the United States has a haphazard, fraud-prone election system befitting an emerging Third World country rather than the world’s leading democracy.
The voter-registration process in almost all states runs on the honor system. The Obama administration has done everything it can to keep the status quo in place. The Obama Justice Department has refused to file a single lawsuit to enforce the requirement of the National Voter Registration Act that states maintain the accuracy of their voter-registration lists. This despite a 2012 study from the Pew Center on the States estimating that one out of every eight voter registrations is inaccurate, out-of-date or duplicate. About 2.8 million people are registered in more than one state, according to the study, and 1.8 million registered voters are dead. In most places it’s easy to vote under the names of such people with little risk of detection.