“In 1924, the US Congress passed the Indian Citizenship Act, granting citizenship for Native Americans. But the law left it up to the states to decide whether to grant Native Americans the right to vote, and it would take nearly four more decades for all states to do so; Utah was the last in 1962. When Native Americans started voting and running for office, white election officials were not always friendly.”
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“Voting disenfranchisement for Native Americans has moved from the outright denial in the 1950s and 1960s, before the landmark 1965 Voting Rights Act, to other, more subtle ways that voting access has been made difficult. Before Montana’s satellite offices were set up, Fort Belknap tribal members said, they’d show up to their designated polling place to vote, only to find local election officials informing them they had to go elsewhere.”
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“Problems have persisted. Attorneys told Vox that as recently as 2016, one local election official in Alaska kept more than 100 Native voters from being registered, refusing to send more than 25 registration applications per village because, the official said, they didn’t think the Native villagers would fill out the forms.
“When we called and asked about that, [the official] said [Native voters] really aren’t interested in voting, and if we send 150 registrations, we’re only going to get a handful of them back,” said Natalie Landreth, an Alaska-based staff attorney at the Native American Rights Fund. “We see that all over the place, these local, county-level decisions that will have huge impact on registrations, ballot access. A lot of those decisions aren’t set in statute.”
Native tribes have had some success to get the same basic rights afforded to other Americans, but these suits can drag on for years and drain tribes of their financial resources. Whereas tribes have to foot their bills, state and local governments have more resources through municipal insurance and aren’t on the hook for court fees.”
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““Vote-by-mail is perfectly fine voter reform. It’s great as part of a package of voter-friendly reform to get more people access to the ballot,” said Claremont Graduate College researcher Joe Dietrich, who works on Schroedel’s team. “The problem starts to arise when you make [it] the only option to get people the ballot.””
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“The problems related to mail-in voting are myriad for Native communities, advocates say. A lack of reliable mail access and a proliferation of nontraditional addresses on reservations, including those in North and South Dakota as well as the southwestern Navajo Nation, make home delivery impossible for many. For those with cars, simply visiting a post office to pick up and drop off a ballot can mean driving many miles on unpaved roads.
Mail-in ballots written in English are indecipherable to voters who don’t speak it, including older Navajo speakers, or Yupik speakers in Alaska’s Native villages who rely on translators at the polls. And if a voter is able to get a ballot and mail it in, there’s still the chance that a local election official could toss it because of something like missing information or a signature that doesn’t match the one on file. (Recent studies found that local election officials in Georgia and Florida were far more likely to reject ballots from minority and younger voters in the 2018 midterms.)”
“The overwhelming majority of states allow any lawful voter to obtain an absentee ballot without having to justify their request. Texas, by contrast, allows only a minority of voters to obtain one. One provision of state law allows elderly voters to vote absentee. Another permits absentee ballots if a voter will be away from their home county on Election Day. A third provides that “a qualified voter is eligible for early voting by mail if the voter has a sickness or physical condition that prevents the voter from appearing at the polling place on Election Day without a likelihood of needing personal assistance or of injuring the voter’s health” — a requirement that, according to the state Supreme Court’s decision in Texas, applies only to people who are ill or disabled.
Civil rights groups and the state Democratic Party argued that this third provision should be broadly interpreted to allow anyone who could become infected with the coronavirus to vote absentee. The words “physical condition,” they argued, includes the physical condition of being susceptible to a deadly pandemic disease. In other words, during a pandemic that requires social distancing to control the spread of said disease, nearly everyone has a “physical condition” that should enable them to vote absentee.
In recent elections, older voters have tended to prefer Republican candidates over Democrats. Texas Attorney General Ken Paxton, a Republican, objected to the broader interpretation of the law. At one point, his office even threatened to bring criminal prosecutions against any organization that encourages younger voters to request an absentee ballot. The state Supreme Court’s nine Republican justices ultimately sided with Paxton, although two of the nine did so for different reasons.
The court’s decision in Texas will not be the last word on whether younger Texans may vote absentee in November. In a separate Texas lawsuit, a federal trial judge ruled last week that the state cannot discriminate against younger voters. Among other things, he determined that the Texas law violates the 26th Amendment, which permits all otherwise eligible voters over the age of 18 to cast a ballot.
But the federal decision has been appealed to the notoriously conservative US Court of Appeals for the Fifth Circuit and may ultimately be heard by a US Supreme Court that is frequently hostile to claims of voter suppression. So it is far from clear that younger Texans will be allowed to vote absentee.”
“I’ve heard some suggest that the recurrent problem of racial bias in our criminal justice system proves that only protests and direct action can bring about change, and that voting and participation in electoral politics is a waste of time. I couldn’t disagree more. The point of protest is to raise public awareness, to put a spotlight on injustice, and to make the powers that be uncomfortable; in fact, throughout American history, it’s often only been in response to protests and civil disobedience that the political system has even paid attention to marginalized communities. But eventually, aspirations have to be translated into specific laws and institutional practices — and in a democracy, that only happens when we elect government officials who are responsive to our demands.
Moreover, it’s important for us to understand which levels of government have the biggest impact on our criminal justice system and police practices. When we think about politics, a lot of us focus only on the presidency and the federal government. And yes, we should be fighting to make sure that we have a president, a Congress, a U.S. Justice Department, and a federal judiciary that actually recognize the ongoing, corrosive role that racism plays in our society and want to do something about it. But the elected officials who matter most in reforming police departments and the criminal justice system work at the state and local levels.”
“Since Trump himself voted by absentee ballot in Florida’s presidential primary two months ago, you might wonder why he wants to deny Michigan and Nevada voters the same opportunity, especially at a time when COVID-19 fears might make people reluctant to gather at polling places. And why those states specifically, when five states (Colorado, Hawaii, Oregon, Utah, and Washington) conduct elections almost entirely by mail, while 28 others require no special justification for absentee voting? You also might wonder why Trump views voting by mail in those states as illegal, cheating, or a form of voter fraud. In any case, why does Trump think he has the authority to punish states for election procedures he does not like by withholding federal funding?”
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“Are Democrats more likely to vote by mail than Republicans? Trump certainly seems to think so. In a March 30 interview on Fox News, he criticized COVID-19 legislation proposed by House Democrats that would have required states to allow “no excuse” absentee ballot applications and, if an election is held during a national emergency, to send every registered voter a mail-in ballot. “The things they had in there were crazy,” Trump said. “They had things—levels of voting that, if you ever agreed to it, you’d never have a Republican elected in this country again.”
Notwithstanding that dire prediction, the evidence concerning the partisan impact of voting by mail is mixed. Pantheon Analytics found that switching to mail-in ballots in Colorado gave a slight advantage to Republican candidates in 2014, while that change in Utah gave a slight advantage to Democrats in 2016. In both cases, voting by mail increased participation in the election, as you would expect. But contrary to the fears often expressed by Republican politicians, that turnout boost does not seem to consistently favor Democrats. In 2016, for instance, 15.5 percent of registered Republicans who voted in North Carolina used mail-in ballots, compared to 8.8 percent of registered Democrats.”
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“What about Trump’s claim that absentee ballots enable voter fraud? The issue is a personal obsession for Trump, who implausibly blamed massive fraud for costing him his rightful popular-vote victory in 2016. Even if we charitably treat that concern as distinct from the unsubstantiated fear that mail-in ballots favor Democrats, there is little evidence that voter fraud is a substantial problem, regardless of how people cast their ballots.
While it’s true that voting by mail is especially vulnerable to fraud, such incidents are still highly unusual. “Election fraud in the United States is very rare, but the most common type of such fraud in the United States involves absentee ballots,” Rick Hasen, an election expert at the University of California, Irvine, law school, told the Times in April. “Sensible rules for handling of absentee ballots make sense, not only to minimize the risk of ballot tampering but to ensure that voters cast valid ballots.” The five states where voting by mail is the norm “report very little fraud,” the Times notes.”
“an analysis using data from the States of Change project, sponsored by, among others, the Brookings Institution and the Center for American Progress, indicates that, even if black turnout in the 2016 election had matched that of 2012 (it dropped from 62 to 57 percent), Clinton would have still lost. On the other hand, if she had managed to reduce her losses among white noncollege voters by a mere one-quarter, she’d be president today. That’s an issue of persuasion, not turnout.”
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“In 2016, the age cohort that really killed Democrats was voters ages 45 to 64, who had split evenly in 2012 but leaned Republican by six percentage points four years later.”
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“it’s a mistake to assume that Democrats would benefit disproportionately from high turnout. Trump is particularly strong among white noncollege voters, who dominate the pool of nonvoters in many areas of the country, including in key Rust Belt states. If the 2020 election indeed has historically high turnout, as many analysts expect, that spike could include many of these white noncollege voters in addition to Democratic-leaning constituencies such as nonwhites and young voters. The result could be an increase in Democrats’ popular-vote total — and another loss in the electoral college.”
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“Stanford political scientists Andrew Hall and Daniel Thompson, for example, studied House races between 2006 and 2014 and found that highly ideological candidates who beat moderates for a party nomination indeed increased turnout in their own party in the general election — but they increased the opposition turnout even more. (The difference was between three and eight percentage points.) Apparently, their extreme political stances did more to turn out the other side to vote against them than to turn out their own side to vote for them.”