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-Caveat Lector-

Questionable tactics by GOP

By Anita F. Hill  |  November 6, 2004

The  Boston Globe

http://www.boston.com/news/globe/editorial_opinion/oped/articles/2004/11/06/questionable_tactics_by_gop?mode=PF

PRESIDENT Bush's margin of victory in Ohio may have
spared the country the anguish of postelection
lawsuits, but unaddressed claims of minority voter
intimidation cast a shadow over this election just as
rumors of Florida voter disenfranchisement did in 2000.
Even if the results are undisputed, what is at issue is
the integrity of the process.

The most publicized accusations came out of Ohio on the
eve of the election.

Voicing concerns about voter fraud, the Republican
Party sought to place 3,500 in polling places to
challenge individual voter eligibility. According to
state Democrats, Republicans planned to dispatch the
challengers primarily to precincts with predominantly
minority voters. Representing a pair of black voters,
civil rights attorneys charged that the tactic was
aimed at intimidating voters and brought suit to stop
the practice. Two separate federal district court
judges, one a Republican appointee and one appointed by
a Democrat, agreed with the civil rights attorneys.
According to both courts, in weighing the interest of
preventing fraud against that of preventing voter
intimidation, the balanced tipped in favor of voting
rights.

In a predawn Election Day ruling over one judges'
dissent, the Sixth Circuit Appeals Court overruled both
decisions, deferring to Ohio's right to control its
election process through state laws.

This preelection battle must not be read without the
benefit of a bit of history about race and political
parties in this country. In 1870, aided by the newly
adopted 15th Amendment to the Constitution and the
protection of the Republican Party, seven Southern
states elected African-Americans to the House and
Senate. In 1876, when the Republican Party removed its
protection, widespread voter intimidation aimed at the
newly freed slaves predominated. No African-American
was elected to Congress until well into the 20th
century.

Blacks remained loyal to the party of Lincoln until the
New Deal era when they left in large numbers to become
Democrats. Voter suppression, often violent, followed
them, despite court suits to end disenfranchisement.
Hispanic and language-minority voters suffered similar
experiences. Suppression of minority voting was so
prevalent that it became a chief platform in the
struggle for civil rights. In response to that
struggle, Congress enacted the Voting Rights Act of
1965 to address the problem.

President Johnson's signature on this legislation
further secured the African-American vote for Democrats
as Southern whites were leaving the party.

Despite some efforts by President Reagan's
administration to attract more blacks, recent analysis
suggests that both Democrats and Republican take
African-American votes for granted. Democrats count on
getting the bulk of the black vote and Republicans
count on the proportionately higher white voter turnout
to offset that advantage.

Following the 2000 claims of minority voter
intimidation, attention again was focused on minority
participation. By registering record numbers of new
voters in urban, largely minority and poor communities,
Democrats hoped to tip the balance of the minority vote
back in their favor.

Republicans chose the path of increasing rural voting
but also, it appears, to engage in what one Michigan
official called "suppression" of the urban vote.

Fortunately, Ohio Republicans backed off from a plan to
use poll challengers. But the choice to litigate in
federal court for the right to use untrained personnel
to go after individuals, rather than those who were
registering them, lends support to the conclusion that
the goal was intimidation and not fraud prevention.

Given President Bush's decisive victory, the larger
lessons of this episode may be lost. Somewhere between
claims of voter fraud and voter suppression exists the
reality of the continued saliency of race in American
politics. In this lies an opportunity for President
Bush.

In 2007 when the Voting Rights Act comes up for review,
his support for renewing the legislation should be
clear. In the meantime, he should examine the Justice
Department's enforcement of the statute and enhance it
as needed.

Importantly, the public should not brush aside
Democratic charges of minority voter intimidation as
divisive identity politics or more politics as usual.
Though Democrats and Republicans may still approach the
vote of identifiable racial, class, gender, and now
religious groups differently, such tactics are only
acceptable if they enhance voter participation.

The very idea of voter suppression ought to be
repugnant to any of us who value democracy.

Anita F. Hill is professor of law, social policy, and
women's studies at Heller Graduate School at Brandeis
University. (c) Copyright 2004 The New York Times Company
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sordid matters and 'conspiracy theory'—with its many half-truths, mis-
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That being said, CTRLgives no endorsement to the validity of posts, and
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Let us please be civil and as always, Caveat Lector.
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