Forty years after the passage of the Voting Rights Act, Americans across the country continue to be targets of deceptive practices and intimidation as they attempt to cast a ballot. Over the past two election cycles, Election Protection has documented attempts to influence voters through dirty tricks. Voters deserve better.
These attempts deliberately mislead or intimidate voters in an effort to alter the outcome of an election, undermining the right to vote for countless Americans across the country.
Lawyers' Committee Executive Director Barbara Arnwine with Senators Cardin, Obama, and Schumer, introducing the Deceptive Practices bill.
Senators Barack Obama and Chuck Schumer, responding to the evidence provided by the National Campaign, have introduced comprehensive legislation to provide real solutions to the deception and fraud Americans face when they attempt to vote.
Since 2004, Election Protection collected reports of deceptive practices or voter intimidation from more than 30 states. Those who wish to intimidate voters have turned to more sophisticated and nuanced devices - often targeted at minority voters, language minorities, seniors, and young people - trying to win elections through fraud instead of through the democratic process.
Deceptive flyer distributed in Franklin County, Ohio in 2004
Over the past four years, voters had to endure:
- fliers distributed in Milwaukee telling voters they can't vote if they didn't pay their parking tickets;
- reports of armed gunmen intimidating, mocking and misinforming voters at heavily Latino precincts in Arizona;
- deceptive flyers in Maryland misleading voters about the party affiliation of candidates for key state wide officials;
- phone calls telling voters they were no longer eligible to vote; and
- emails sent to voters in Virginia providing false information about where to vote.
But, surprisingly, intentionally misleading voters is not against the law. The National Campaign worked closely with Sen. Obama to help solve the problems we witnessed as the lead legal partner in Election Protection. Senators Leahy, Cardin, Kerry, Feinstein, Feingold, Clinton and Boxerare all co-sponsors of the Obama-Schumer bill.
The bill includes provisions that address many of the new tactics reported to Election Protection during the 2006 elections.
Police officers outside a polling place in New Orleans on April 22, 2006
The Deceptive Practices and Voter Intimidation Prevention Act:
- provides comprehensive definitions of what constitutes a deceptive practice;
- criminalizes such practices and states appropriate penalties;
- outlines an innovative system to help disseminate correct information to voters who have been victims of these practices;
- creates a reporting structure for incidents that will help citizens to address grievances;and
- calls on the Department of Justice to work with leading civil rights and voter protection organizations, other Federal agencies, and state officials to develop the most effective way to address this problem.
In The News:
- Associated Press, Senators crack down on voter suppression
- The New York Times, Obama-Schumer Bill Would Criminalize Voter Intimidation
- The Hill, Sen. Barack Obama tries to flesh out his recod with an election-fraud bill
- The Washington Post, Cardin Backs Bill to Protect Voters
- Daily Kos, Obama: End Deceptive Election Practices