New restrictions on voting
such as the closing down of polling places, purges of voter data rolls,
restrictions on voting days and language access all amount to a valid
attempt to take away the right to vote for minorities and people of
color.
“Voter
suppression is a historic problem in America that primarily impacts
minority voters, and it continues today,” said Teresa Cosby, associate
professor of politics and international affairs at Furman University in
Greenville, South Carolina.
“Voter
suppression is real, and it is a threat to our entire society,” said
Tiiu Lutter, a writer for CompareLifeInsurance.com who frequently works
as a poll watcher and vote counter in local elections in Philadelphia.
“Voting demonstrates our agency and is the one way we all are equal.
Voting needs to be protected.
“Sometimes
it is subtle and sometimes blatant, but in all cases when people are
underrepresented at the polls, damage is done to our democracy. If we
don’t have all the people and their needs taken into consideration, we
cannot flourish as a nation,” Lutter said.
A (short) history of black voting
Before
1965 Jim Crow laws hampered blacks’ ability to vote. That changed in
1965 with the passage of the Voting Rights Act, which had a dramatic
impact on black voter suppression at the polls.
“It increased black participation from 30% to 70%,” said Cosby, a specialist in U.S. racial and ethnic politics.
Long
viewed as one of the most important civil rights laws, the Voting
Rights Act was dismantled significantly when the Supreme Court
invalidated a key portion in the 2013 Shelby County v. Holder ruling,
Cosby said.
Basically,
the majority of the Supreme Court agreed that the “government was using
bad data” to determine which states were required to have their voting
laws approved, a process called “preclearance,” Cosby said.
Chief
Justice John Roberts wrote, ”The conditions that originally justified
these measures no longer characterize voting in the covered
jurisdictions,” meaning that the Voting Rights Act did its job so well
it wasn’t needed in the same way it had been in the past.
In
a crushing dissent Justice Ruth Bader Ginsberg wrote, “The sad irony of
today’s decision lies in its utter failure to grasp why the [Voting
Rights Act] has proven effective ... Throwing out preclearance when it
has worked and is continuing to work to stop discriminatory changes is
like throwing away your umbrella in a rainstorm because you are not
getting wet.”
“It set things back,” Cosby said. “Ginsberg’s
warning took effect almost immediately. Voter suppression measures
popped up across the United States in Arizona, Pennsylvania, Wisconsin,
Georgia, not just in Southern states.”
The
2016 election was the first presidential election in 50 years that
occurred without the protection of the Voting Rights Act. Mass poll
closures in predominantly black and minority communities forced voters
to travel long distances. In Alabama, 66 closed; Arizona, 212; North
Carolina, 27; South Carolina, 12; Texas, 403; and Louisiana, 103,
according to a study by the Leadership Conference on Civil and Human
Rights.
Black voter
turnout for the 2016 election declined for the first time in 20 years,
falling to 59.6% after reaching a record high 66.6% in 2012, according
to Pew Research Center.
The
2018 elections saw communities threatened and voters sent a message on a
national level. In 2018 politicians campaigned on the rightto-vote
issue, Cosby said.
There
are two basic ways to protect access to the polls. The first is to stop
gerrymandering, an issue the Supreme Court will not touch, Cosby said.
Instead,
people have to decide how do they want their voting districts drawn. We
can take redistricting out of the hands of politicians through citizen
commissions charged with redrawing maps in a fair and neutral manner,
Cosby said.
We need to
call out voter suppression when it happens, to claim it and to take to
court, said Nicole Lee, civil rights lawyer, activist and founder of
Inclusive Life.
“We
need to do everything we can to document when the suppression is
happening and then, for a medium term, we need to make sure that we are
voting in politicians who will ensure that individuals have the right to
vote and will honor individuals’ right to vote,” Lee said.
For now, the checks and balances are holding up, Cosby said.
“The original design is working. We may be in a period of realignment. We’ll see how the 2020 elections come out,” Cosby said.