Voter Suppression – the New Jim Crow?

I remember the TV movie in 1974 starring Cicely Tyson called the Autobiography of Miss Jane Pittman, where she portrayed an elderly former slave who sets out to vote for the first time. For many, this fictional story put a face on the battle to vote, just as Rosa Parks put a human face on public accommodations for some. For others, the assault on John Lewis and many marchers on the Edmund Pettus Bridge in 1965 brought the issue of voting into their living rooms. The Voting Rights Act was first passed in 1965. At that time there were only 6 elected African American members in the Congress; there were none in the Senate. Throughout the years many have cheered as more African Americans were elected to office and appointed to prominent positions in academia and government. Today there are 58 African American Representatives, 56 are Democrats; 2 are Republicans. There are 2 Democratic Black Senators and one Republican. The most recent black Democratic Senator (from Georgia) was just elected in January. Former Senator Kamala Harris was previously the second Black Democratic Senator.

Black voters made the difference in many states this year in the Presidential election.  Many urban areas have large numbers of African American voters; many of these voters vote Democratic. Nowhere was the difference more obvious than in the Run-off elections in January in Georgia.  There the heavy turnout by black voters made a difference in the two close elections for Senate.  The winning of these two seats by the Democrats was explosive as it turned the Senate from the leadership of Republican Mitch McConnell to that of Democratic Leader Chuck Schumer. It also put the Senate on edge as it was balanced 50-50.  This narrow balance meant that a return to power was within reach for the Republicans. Only one Democratic Senator needed to retire or die, to challenge the tenuous balance. The 2022 interims also were seen as pick-ups as the party in the White House often lost seats during the mid-terms.

Republicans across the country, especially in battleground states where they held control, got busy trying to re-write election laws that many thought were overly permissive. They especially targeted mail-in ballots, echoing the claims by the former president that these ballots were not correctly certified. Even though there has been no proof that this was the case and more than 60 court challenges from the election have been overturned, state parties persisted.  Many were led by MAGA die-hards who were not amenable to listening to facts. Several state parties have also targeted or purged their own elected Republicans who voted for or supported impeachment.

Essentially, they are setting out a formula to solve the problem of election fraud which does not exist.  However, they are also targeting a problem which in their minds, does exist:  Too many African Americans voted in the election which saw the most Americans ever turning out to vote. Brookings reports that in the 2020 presidential election 50% of all voters in Georgia were African American, as were 20% in Michigan and 21% in Pennsylvania. The Brookings article - How Black Americans Saved Biden and American Democracy also notes that black voters are becoming significant populations in many suburban areas and were very much turned off by the racist rhetoric of the former president. In the opinion of this author (Rashawn Ray), back voters saved democracy. According to Ray “Eight years of Trump rule would have destroyed American democracy and altered the future of the country and the world.”  I agree with his discussion.

As mentioned by Don Lemon on CNN the other evening, the new restrictive voter laws in Georgia aren’t quite the same as asking potential voters how many jelly beans are in the Candy Jar, but they are not far off. The purpose is still the same, it is voter intimidation and suppression. The restrictions are also anti-democratic and are meant to decrease not only the numbers of voters eligible to vote but also to discourage those who do show up. While Gerrymandering has been described as drawing precinct lines to pick “your” voters, these laws set out to lessen access to voting. They take away from the Secretary of State the right to certify the election; the current secretary was the one harassed by the former president to overturn the results. (The election results in Georgia were counted and recounted and recertified multiple times, so should not have been challenged.)

The power is also given to the state to overrule the actions of county boards of elections, so results or certified voter rolls from boards in predominately black counties could be selectively dismissed. It allows unlimited challenges of voter eligibility and applies new voter ID laws to mail-in voting.  It also criminalizes the distribution of food or water to voters in long election lines. Note: the long lines are more often in black neighborhoods which have fewer polling places, so it essentially is creating a problem and chastising those who might attempt to make it less onerous. The numbers of drop boxes for absentee ballots are also being decreased. According to the former candidate for Governor and voter rights advocate, Stacey Abrams, this new law is “Jim Crow in a suit and tie.” Her voter rights group, the ACLU, and others have already filed suit to block these laws, so we will see how it all progresses in the future.

However, this is one of many states which is trying to enact laws restricting voter access and registration. The Brennan Center has noted that across the US, in a comprehensive effort, more than 250 laws are currently proposed in 43 states which would limit access to voting. Is it me, or is this a result of Republican sore losers trying to change the rules, or a bunch of fanatics trying to push the “Big Lie” of voter fraud?  I would guess that it is probably both factions each trying to undermine our democracy. Maybe I have a poor memory, but I do not remember the Democratic Party ever launching such a campaign. Where are the responsible Republicans who could speak out against these actions?

According to Vox: The obvious parallel in American history, as people like Abrams note, is Jim Crow — voting laws in Southern states that effectively blocked Black voters from casting ballots. To be clear, the current Georgia system is nowhere near as restrictive as the way things worked in the pre-civil rights South. But scholars who study that period still think the current bill should trouble anyone committed to democracy, in part because (unlike Jim Crow) it represents a coherent national Republican approach to voting issues rather than the interests of one sectional faction.

As all of the discussion above shows, the necessity of passing the voting rights bill and the John Lewis voting bill becomes more imperative. We need national voting rights legislation to prevent the abuses noted above.  We need a bill that, unlike the original voting rights bill, does not have a sunset clause and requires periodic recertification. As I have mentioned before, in my opinion, Chief Justice John Roberts significantly erred in his Shelby County v Holder decision and has perpetuated this abuse such as with these new laws. I can only hope if this Georgia law and other similar regulations head to appeal courts that they are overturned that the denials are eventually upheld at the Supreme Court level, but who knows how this will turn out?

Sylvia Alpert, director of Common Cause, writing in Roll Call makes a strong case for passing the “For the People Act” and the John Lewis Voting Rights Act. She states that after a record voter turnout, many states are using bogus “election integrity issues” to restrict those who will be able to vote. She mentions targeting young voters and voters of color and purging of voters, while arguing that, instead, we should be increasing access to the ballot box. Please contact your elected officials; we may well need to get past the filibuster to get these enacted.

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Sadly, we are starting to see an increase in COVID cases in the US, possibly due to the lifting of restrictions in several states. but happily, we are reporting more than 3.5 million vaccinations were completed on Saturday. 93.6 million people have been vaccinated with one dose; 53.6 million of that total are fully vaccinated. The population of the US is over 330 million, so we have a ways to go (that number does include children who are not yet being vaccinated.) Maryland has vaccinated about 30% of its’ residents, so the state vaccination numbers are improving, even as cases are increasing.

COVID stats NY Times:

Total US cases: 30,281,700. Total new cases: 60,302.

Total US deaths: 548,829. Total new deaths: 780.

Maryland Total cases: 406,709. Total new cases: 1,366.

                Total deaths: 8,246.     Total new deaths: 14.

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Other news this week included the horrific murders of ten people at a neighborhood grocery store in Boulder, Colorado by another disturbed young man with a powerful gun. Ironically, the city had banned the use and sales of automatic guns, but this was taken to court by gun rights organizations and placed on hold by a local judge this month. Why do these gun organizations have more rights than the rest of us have so that we can go shopping and remain safe? Or go to school, a spa, the movies, or attend a concert?  Come on Congress – do something!

The immigration issue remains a confounding one with thousands of families and young people crossing the border from Mexico. Many of the facilities which could have been used had been shut down by the previous administration, making the issue currently more problematic. Republican legislators who showed no concerns when their president took thousands of children away from their parents are now showboating at the border. Did you catch Senator Cruz doing his best imitation of Washington Crossing the Delaware while standing on a Coast Guard boat on the Rio Grande?! Too bad he was quite busy elsewhere when he could have served on active duty!

            ‘Til next week – peace!