Every state provides some method to challenge the eligibility of a voter.  However, bad-faith challenges may cross the line and can constitute voter intimidation, particularly when mass challenges are based only upon a voter’s race or status and the challenger lacks personal knowledge of the voter’s eligibility.  For example, in past elections, there have been allegations of challenges based solely on voters’ Latino or Asian sounding surnames.  State laws differ regarding who can make challenges, when challenges can be made, what are the proper grounds for a challenge, which party has the burden of proof, what evidence is relevant, and who decides challenges.

Deceptive practices deliberately mislead or intimidate voters in order to alter the outcome of an election.  Often targeted at traditionally disenfranchised communities including minority voters, seniors, and young people, deceptive practices and voter intimidation intentionally curb the right to vote for millions of Americans. Instead of employing physical threats, those who wish to intimidate voters have turned to more sophisticated and nuanced tactics to fraudulently prevent turnout in targeted communities.

Disturbing examples of deceptive practices and voter intimidation from recent elections include fliers distributed in Milwaukee telling voters they cannot vote if they have not paid their parking tickets; fliers in Ohio telling voters that Republicans vote one day and Democrats on the next day; reports of armed gunmen intimidating, mocking and misinforming voters at heavily Latino precincts in Arizona; deceptive fliers in Maryland misleading voters about the party affiliation of candidates for key statewide offices; phone calls telling voters that they were no longer eligible to vote; and emails sent to voters in Virginia providing false information about where to vote.

One of the largest problems in combating deceptive practices and voter intimidation is that intentionally misleading voters is not against the law.

Huh????  You have got to be kidding me!!!   How in the hell can this not be against the law????

Testimony of Jonah H Goldman

Director, National Campaign for Fair Elections, Lawyers’ Committee for Civil Rights

Under Law

Before the Senate Committee on the Judiciary

“Protecting the Constitutional Right to Vote for All Americans”

May 20, 2008

Unfortunately, election administration has been largely treated as a political issue and not

a policy issue in our country. This needs to change. We need real solutions to the real

problems that prevent eligible voters from participating in the process and we need to

address those issues, not only on the eve of a national election, but in a constant effort to

improve the process. Our election system needs an overhaul and not with political

solutions to non-existent problems – like requiring discriminatory photo ID requirements,

but with common sense solutions to the real problems voters face. We should move

toward universal registration by implementing Election Day Registration. Election Day

Registration has been implemented with security and reliability in several states, with

voters in those states overwhelmingly approving the system once it is in place. This

policy also helps simplify the system for poll workers: if there is some problem in the

process that would otherwise require several different steps for a poll worker to remedy,

Election Day Registration makes the fix easy. We should prevent the real fraud that

happens in elections like offensive deception and take away the tools of intimidation and

dirty tricks like voter caging. We need to provide a real infrastructure of training for our

nation’s poll workers and searchingly contemplate the best technology for voters to cast

ballots on. We should be creative, thinking of ways to make sure that those who have

work or family obligations on Election Day can still participate. Finally, we need to

protect those voters who have reliably shown up election after election by making it

easier for our seniors to participate.

For over a century, the Supreme Court has held that the right to vote is our most

fundamental right because it is preservative of all of our other rights and freedoms. We

must honor those who participate by providing the most responsive, advanced

infrastructure available. We owe our history, our children and our country no less.

We honestly need to watch out for this.  When I read some of the stories on the Election Protection web site, I was horrified.  How can my country allow the intentional rigging of elections this way???   The site is great even if it can be scary.....  Check it out anyway.  It's full of great information and a number to call if you have any questions.

http://www.866ourvote.org/elections-101?id=0001

 

 

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Comments:

stefa...
Oct. 17, 2008 at 11:24 PM

I had no idea that kinda stuff has been going on. 

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Irish...
Oct. 18, 2008 at 2:38 PM

This election day is monumentally important--more so than ever before, if you ask me.  My butt is going to be at the polls no matter what!

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