In 1965, the Johnson administration enacted the Voting Rights Act, which was passed in 1964 with the express purpose of protecting the rights granted under the 15th Amendment. A key section was section 4(b) of Section 5 of the Act which was designed to protect groups from discrimination based on race or language minority and required pre clearance of changes on voting practices and procedures based on the track record of certain states – nine to be exact – with oversight being from the Department of Justice. In 2013, the Roberts Court deemed that section unconstitutional and, in Shelby County v Holder, it struck down that section as being not responsive to current needs. It was almost like the court thought that discrimination in the voting place was not a pressing issue, even in the face of the growing tide of blatant voter suppression in Alabama, North Carolina, Kansas and Arizona. Other than the Citizens United decision, this may have been the worst decision by the Roberts court to date. Almost immediately, in many red states, including those nine which were under those earlier pre clearance requirements , pending and new voter id laws, scheduling revisions, and other restrictions began to be implemented.
What followed was a widespread, calculated aggressive campaign to limit access to voting in minority and other heavily democratic communities. All during the run up to the 2016 election, we were bombarded with completely unsubstantiated allegations of voter fraud. The GOP continually blasted blue states, alleging that they allowed illegal immigrants and other non citizens to vote. When it was all over, the eventual winner whined that he did not win the popular vote because over three million “illegals” voted in California alone, thus adding fuel to the already intense xenophobia fire. In response to that allegation, the administration established the Commission on Election Integrity, headed up by the king of anti-immigrant legislation and policies, Kris Kobach, the Secretary of State of Kansas and the author of the infamous Arizona SB1070. With all intent of requiring major purges of voter roles in particularly blue states, the Commission met with such backlash from over twenty-six states, that the Commission was disbanded. In the end, perhaps the Secretary’s adhering to several conspiracy theories came back to haunt him. The idea of voter roles being controlled by Washington instead of by the states simply would not fly and that effort was curtailed.
For now, outright voter suppression from inside the beltway was on hold. However, the fall out from Shelby vs Holder was still simmering and state legislatures were busy formulating subtle ways of denying the right to vote to large segments of the population. By no means is the fight over and now, another force facing the protection of the right to vote has emerged.
At this point, there are two compelling issues facing what is left of our democratic election system. The first revolves around voter registration, the integrity of voter information and of course, voter turn out. The barriers highlighted above notwithstanding, it is imperative that both parties, but particularly the democrats, need to be about voter registration and they need to be all about the integrity of the voting process on the state level. Too often there have been numerous issues with things like switching of polling places at the last possible hour, confusion regarding provisional ballots and absentee ballots along with the actual loss of signature pages for ballot initiatives. A prime example might be the curious finding of over nine hundred “misplaced “ ballots in the governor recall election in Wisconsin – a find which allowed the governor to beat the recall and the election stood in spite of the interesting history of a certain county election clerk. In that same light, the democrats need to be about the formulating of a clear and relevant message – something which they did not have in the 2016 election and certainly still do not have – but that’s an issue for another time.
The second of these compelling issues is that of the interference by a foreign government in the 2016 election. Intelligence agencies both here and abroad all agree that our election system was tampered with and while it may or may not have actually caused a change in the eventual outcome, it most certainly did influence it. This very point has been definitively confirmed by the recently released senate committee report which completely supports the IC assessments. It also shatters the excuse for the totally biased, partisan excuse for a report which came form the House Committee .
What is astounding are two key points. One is that the current administration is still completely adverse to admitting that there was meddling in the 2016 election and that Russia and Russian hackers were in fact behind it all. Perhaps there was collusion between the GOP campaign and Russia, perhaps not. However, there is no question that interference in the election process both by utilizing trolls and hackers and by the manipulation of certain social media platforms did happen.
Secondly, there is likewise agreement among the intelligence community that this interference is continuing and the administration has, to date, either failed or consciously decided to not take any action to either curtail or eliminate this attack on our election process. While there is some talk about the issue, or more accurately talk around it, neither the executive branch nor the legislative branch has seen fit to formulate a plan of action on this serious matter. It is abundantly clear that the administration has chosen to continue to deny the existence of foreign meddling and that there was any collusion between the GOP and Russia. The message is on going and continual and constant and congress has chosen to either follow that message or to completely ignore the facts of the matter, opting to subscribe to the whole idea of a “witch hunt” and the whole “deep state” conspiracy theory. It seems that not only does the White House get its message from Fox and Friends, but congress does as well. One has to ask the question – just how much does Russia hold over the oval office and over key members of congress ?
At this point in time, one has to have serious concern about the future – both the immediate mid term election cycle and the upcoming election cycle in 2020. Will future elections be bought and sold even more so than they already are ? Will future elections be swayed or even determined by outside influences, particularly by foreign governments who at least currently have widespread if not sympathizers at least deniers that a problem exists ? We as a nation are at a more than significant crossroad and which path we choose will determine the fate of our very form of government. It is indeed that serious and all need to be seriously concerned.