Under cover of “voter fraud” allegations, Republicans suppress the vote
—Part 1
By Tom Eley
22 October 2008

This is the first of a two-part article. The second part will be
posted October 23.

At recent campaign events, Republican presidential and vice
presidential candidates John McCain and Sarah Palin have made
sensational charges, alleging that widespread “voter fraud” is taking
place in an attempt to manipulate the election in favor of Barack
Obama. The Republican Party has focused on the voter registration
group ACORN (Association of Community Organizations for Reform Now),
which is now the subject of a number of investigations of fraudulent
voter registrations.

In his recent debate with Barack Obama, McCain went so far as to claim
that ACORN was “on the verge of maybe perpetrating one of the greatest
frauds in voter history in this country, maybe destroying the fabric
of democracy.”

Under cover of charges of voter fraud against ACORN, what is actually
taking place is a systematic drive by the McCain campaign and the
Republican Party to suppress the vote of sections of the working class—
minorities, the youth, legal immigrants, and the poor—who tend to vote
Democratic, and to prejudice far-right elements in the population
against the legitimacy of a Democratic victory.

“Voter fraud”

On October 16, two FBI sources, speaking on condition of anonymity,
leaked word that ACORN was the subject of a federal investigation into
voter fraud. The FBI has not confirmed that such an investigation is
taking place and ACORN says that it has not been contacted by federal
agents. It is a violation of Justice Department regulations to divulge
that a federal investigation is under way before charges are made.
Until 2007, such a leak would also have violated Justice Department
regulations governing electoral investigations that forbade “any
conduct which has the possibility of affecting the election itself,”
and which required that “most, if not all, investigation of an alleged
election crime must await the end of the election to which the
allegation relates.” This language was removed in 2007 amidst the
controversy over the US attorney firings.

The FBI leak was without doubt intentional, part and parcel of a
Republican campaign to intimidate those seeking to defend voting
rights, and to cultivate doubt about the validity of what appears
increasingly likely to be a lopsided Democratic victory in the
upcoming election. In response to the FBI leak, ACORN called it “a
right-wing attempt to set the stage for a massive voter suppression
operation and a gross attempt to besmirch the largest community
organization of low and moderate income Americans.”

The announced FBI investigation is one of a number of transparently
political witch-hunts of ACORN taking place in a number of
“battleground” states. ACORN is under investigation in Nevada, where
its Las Vegas offices were raided on October 8, Ohio, Indiana,
Wisconsin, New Mexico, North Carolina, Missouri, Minnesota, and
Pennsylvania, in addition to solidly Republican Texas.

Critics of ACORN have been able to cite only a relative handful of
examples of false registration forms out of the 1.3 million new voters
the group claims to have registered. ACORN insists that most of the
examples being used against it are cases that the group flagged to
authorities. However, to whatever limited extent fraud has allegedly
been perpetrated by individuals working for ACORN, this would be more
accurately described as “voter registration fraud”—not voter fraud.

The two crimes are very different. Fraud in voter registration—usually
listing people who do not exist as eligible to vote—arises out of the
haphazard process by which voters become eligible to cast a ballot in
the US. Americans may cast a ballot in elections only if they have
registered to vote with local authorities well before the date of the
election. The process may be more or less onerous and cumbersome,
depending on the state. As a result, a very large share of the
potential electorate in the US does not cast a ballot. Those sections
of the population that feel most disenfranchised by the electoral
system—the poor, working class, minorities, and the youth—have been
those least inclined, or able, to register.

In order to register these groups, community organizations with
political ties to the Democratic Party carry out voter registration
drives, which very often depend upon workers who are paid based on the
number of signatures they gather. There is thus built into the US
system of voter registration a tendency to inflate voter registration
rolls. However, this “crime” does not imply the intention, much less
the possibility, of manipulating the outcome of elections by illegal
means. This is for the simple reason—often overlooked in media
coverage of the allegations against ACORN—that nonexistent registered
voters cannot show up to vote.

Voter fraud, on the other hand, is the act of illegally casting
ballots that will be counted by election officials. According to
Lorraine Minnite, a political scientist at Barnard College and an
expert on voting crime, out of all the elections held between 2002 and
2005, only 24 voters were convicted of fraud in federal courts, and
those convicted often had no intent of committing a crime. In one
case, an African American grandmother from Wisconsin, Kimberly Prude,
was jailed for over two years for illegally voting in the 2004
election while on probation. She has maintained that she was unaware
she could not vote.

Pro-Democratic groups do not have a monopoly on registration fraud. A
pro-Republican organization, “Young Political Majors” (YPM), has
carried out a fraudulent registration campaign that may have a more
serious bearing on the election. Numerous allegations have been made
since the 2004 election that YPM has tricked people into signing up as
registered Republicans—in which case they will receive only a
Republican ballot in the General Election—by falsely claiming that the
petition individuals are signing is some other sort of document, such
as a petition against child pornography.

The Los Angeles Times called 46 voters recently re-registered as
Republicans by YPM for the 2008 elections. The Times discovered that
the vast majority of these individuals, 37, had been “misled into
making the change or that it was done without their knowledge.” YPM
has registered 70,000 people for the upcoming elections. The owner of
the firm, Mark Jacoby, was arrested on October 19 in Southern
California for registering to vote in two different locations.
Republicans have charged that the arrest was a partisan-motivated
effort designed to divert attention from ACORN.

US attorney firings

The current witch-hunt of ACORN has not come out of the blue.

The firing of nine US attorneys shortly after the elections of 2006
resulted largely from the attorneys’ obstinacy in carrying out
prosecutions of pro-Democratic registration drives. David Iglesias,
one of the fired attorneys, claims that the Republicans “wanted some
splashy pre-election indictments that would scare these alleged hordes
of illegal voters away. We took over 100 complaints and investigated
for almost two years—but I didn’t find one prosecutable case of voter
fraud in the entire state of New Mexico.”

Another prosecutor, John McKay of Seattle, was fired because he
refused to carry out a voter fraud investigation after the razor-thin
Democratic victory in the 2004 Washington state gubernatorial
election.

It is now clear that the firings were in preparation for the 2008
presidential election. In nearly every case, the purging took place in
battleground states and the fired attorneys were replaced by Bush
loyalists. One of the fired prosecutors, Bud Cummins of Arkansas, was
replaced by a Karl Rove aide, Tim Griffin. The Republicans anticipated
that Hillary Clinton, the former first lady of the state, would be the
Democratic nominee and that therefore Arkansas might be a closely
contested state.

Another Bush replacement was Bradley J. Schlozman in Missouri. His
predecessor, Todd Graves, had come under criticism from Missouri
Republicans for not carrying out investigations of voter fraud. Six
days before the 2006 elections, Schlozman announced indictments of
four ACORN workers for submitting fraudulent registrations to the
election board in Kansas City. ACORN had earlier discovered the
fraudulent forms and alerted the authorities. The indictments were a
transparent effort to tilt a tight Senate race between Republican
incumbent Jim Talent and Democrat Claire McCaskill in favor of the
former. McCaskill narrowly won. In hearings before the Senate
Judiciary Committee, Schlozman said repeatedly that the Justice
Department had directed him to announce the indictments before the
election. He later retracted the testimony.

Schlozman’s appointment as US attorney was the reward for a career
spent suppressing the vote. As the World Socialist Web Site reported
in 2007, “as a deputy in the Justice Department’s civil rights
division, [Schlozman] had overruled career government lawyers in
approving a Texas redistricting plan pushed by Tom DeLay, then House
majority leader. He also approved, over the objections of Justice
Department civil rights lawyers, a Georgia law requiring voters to
show an official photo ID—a plan designed to disenfranchise poor and
minority voters. Schlozman also was involved in filing amicus briefs
in the battleground states of Florida, Michigan and Ohio in 2004,
seeking to prevent the counting of provisional ballots in the
presidential election.”


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