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Judge H. Lee Sarokin

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Republicans Are Using the Democratic Process to Curtail Democracy

Posted: 05/22/2012 12:19 pm

Although I deplore and disagree with legislation aimed at discouraging abortions and adversely affecting the rights of women, I recognize that such legislation is motivated by the good faith belief that abortions are morally wrong. Not so for the legislation aimed at disenfranchising voters for the faux purpose of preventing voter fraud. Such voter identification legislation is offered by Republicans as a crass and blatant attempt to eliminate votes likely to go to Democrats. Just as the Republicans have created a fake Barack Obama to run against, they have created this myth of voter fraud for the purpose of stifling the voting rights of a portion of the electorate.

The consequence of this abuse of the legislative process is to disenfranchise millions of persons, many of whom are elderly, students, persons with disabilities, the poor, and most certainly people of color. Evidence that the legislation is meant to discourage voting is the fact that many states specifically limit the means of identification required rather than broaden it. In some states a valid U.S. Passport or U.S. Military ID will not suffice. The Brennan Center for Justice predicts that 10% of voters do not have and will not get the required driver's license or state photo ID in order to qualify to vote. Even those who attempt to satisfy the requirement will face expenditures of time and money -- obstacles all calculated to discourage the effort.

The fraud that actually exists is not in voter identification but rather in the alleged justification for this legislation. There is no epidemic of voters misrepresenting their identity at the polls. Every study that has been done of ineligible voters voting or attempting to vote has revealed infinitesimal instances. If there were really a danger, why wouldn't this (if nothing else) be the subject of bipartisan support? If unauthorized persons were voting in large numbers, why wouldn't the Democrats be as vehement in stopping it as Republicans. Is it only being committed by Democratic voters?

No, the reality is that it does not exist. The legislation is a mean-spirited attempt to discourage certain potentially Democratic voting blocks -- not ensure their validity. What is happening here is symptomatic of the current political arena -- win at any cost and by any means. Oppose and filibuster all meaningful legislation; threaten to shut down the government; demean the president and now keep people from voting. This type of legislation according to the Brennan Center will disenfranchise 25% of African-Americans, 16% of Hispanics and 18% of elderly voters. As the Republicans seek to roll back women's rights, so it seems they yearn for the days of the Jim Crow poll tax.

 
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timber1647
It's either sadness or euphoria
05:51 PM on 05/28/2012
I'm a left of center moderate, not registered with any party. Having defined myself a little, I'm puzzled by the part of the argument that opposes vote ID. My 92 year old mother-in-law, who doesn't drive, went to the MV and received a picture ID in about 30 minutes. She's used it to fly, vote, etc. Unless I'm missing something I can't see anything wrong with asking someone to prove they are who they say they are, by showing a picture ID. I await, I guess, and education.
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DocJoseph
A bleeding heart will heal; a cold heart will not
09:41 PM on 05/22/2012
The new voter registration requirements are a de facto poll tax. It works in essentially the same manner because, for those without the required government issued photo ID, it is necessary to pay to acquire the documents necessary to establish ones identity to the satisfaction of the voter registrar. We should include travel (gas, time) and actual expenses (fees, postage, etc) in those costs.

By the time those documents have been acquired, the total money spent exceeds the amounts that were required for the poll tax of the Jim Crowe era.

There is no substantive difference in motive or result.
11:57 PM on 05/22/2012
There's always a rule of reason. As the judge points out, the GOP fear hasn't been an issue - not too many people go far out of their way to vote, and especially those who need to punch a clock to make their rent.

It seems to me that real voting scams can't bother with individuals, and always need plausible deniability, so are organized by loading the dice in these ways. While registration & identification are legitimate requirements, making them difficult isn't.

Eg I think FL striking registered voters from the rolls in 2000 without notice on the allegation that they were felons is a violation of due process, in that the right to vote is vested & should require notice to strike a voter.

IMHO, the more significant problem is sorting out who's who & what's what among all the propositions & local seats.
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dadw5boys
Disabled Vietnam Vet
05:07 PM on 05/22/2012
Someone tell the Republicans that creating jobs that look up womens dresses is Illegal !
So come on Republicans no one wants the Jobs your creating with laws about brith control and abortions monitor.
They need real jobs ! The USA needs the Bridges and Highways, Sewer Plants, Water protection, and so many others things so release the Presidents jobs bill you have hostage and let recover already.
04:39 PM on 05/22/2012
When a lie (such as voter fraud is rampant) is repeated over and over, it becomes truth. Add fear to this (Democrats commit fraud and America as we know it will end if they win) and you have a bunch of people who have been spun.

ACORN was cleared of the voter fraud charges brought against them in James O'Keefe's creatively edited "documentary", but those in Congress who should know better voted to defund them. Republicans seem very proud of destroying an organization that helped involve citizens in the voting process. Voter suppression is a much bigger and real problem.
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dadw5boys
Disabled Vietnam Vet
05:10 PM on 05/22/2012
ACORN alos helped Disabled Veterans in the Mid West that lived a 100 miles from a Doctor, washed their clothes, cleaned their homes, sat with them when they were ill, stayed with them after they had surgerys and were sent home.
ACORN also prodived meals for the shutins, med checks and transport for them to doctors appointments even shopping for food.
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Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
05:30 PM on 05/22/2012
dadwboys & PEHW - I agree. The quick turn against ACORN based upon a single staged incident was a travesty and a great loss to the country.
06:12 PM on 05/22/2012
Thank you for bringing that up.  I knew they did more than voter registration, but wasn't sure of exactly how they also helped people. 
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dadw5boys
Disabled Vietnam Vet
05:11 PM on 05/22/2012
you had mass voter fraud in Ohio last election when Votes from Ohio were sent to Tennessee to be counted.
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jmdziuban1
Aspiring ne'er do not-so-well
03:58 PM on 05/22/2012
GOP mantra: If you cannot win fairly, cheat. But first change the rules to make cheating legal.

It goes along with: If the facts do not support you, make some up.
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PCMartin
Bullish on cat food and refrigerator boxes
03:01 PM on 05/22/2012
Thank you, Judge Sarokin, for a clearly written, persuasively argued, and very important post.

Given that the Republican Party's predominantly white, misogynistic, xenophobic, homophobic base is demographically doomed to minority status in the near future, it was predictable that they would try to artificially extend their political power through such Machiavellian means as vote-counting fraud, gerrymandering, deregulation of political spending, deregulation of media with respect to fairness and concentration, and, as Judge Sarokin has so ably argued here, disenfranchisement. One thing not mentioned is that 1 in 8 African-American men are *already* disenfranchised, often permanently, because of felony convictions. In a country where the cell block has replaced the auction block, it's fair to wonder if race-based disenfranchisement wasn't the primary motive behind many state bans on voting by felons and former felons in the first place.

As I've said before, I wish Judge Sarokin were still on the bench. I sense that the current Supreme Court majority is likely to take the fraud rationale for Voter ID laws at face value, and we can use all the reality-minded judges we can get at the district and circuit level to properly frame the issues for them ... or at least run interference.
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Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
05:34 PM on 05/22/2012
PC - Thank you for your kind comments---sad circumstances indeed.
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cave mann35
Like Obama NOW??
02:37 PM on 05/22/2012
Judge, you will notice that many of the states waging war on women (trying to eliminate or frustrate abortions) and disenfranchising voters are Republican led or have many legislators that are ALEC members. (http://projects.propublica.org/alec-contributions/) These same states do not want voter registration groups signing up new voters, and have made them illegal (http://ideas.time.com/2011/11/07/when-voter-registration-is-a-crime/). In Wisconsin, a new state law requires those registering voters to be deputized in whichever of the state’s 1,800 municipalities they are assigned to; In Florida, voter registration signatures be handed in to state officials within 48 hours after they are collected; and in Ohio, new laws discourage precinct workers from telling voters where to go if they show up at the wrong precinct, just to name a few ways the GOP wants to stop democrats from voting (http://www.nytimes.com/2012/04/30/us/politics/obama-campaign-confronts-voter-id-laws.html) Couple that with Citizen's United (sorry Judge, but that decision was written by nine individuals that never ran for public office and therefore never "knew" billions can corrupt the electorate), you have the GOP who are spending billions to influence elections, and it appears the GOP and it's mean-spirited efforts are working. The Justice Department and the FEC are whoefully unable to handle this problem before the election and it might be too late afterwards!
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Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
05:38 PM on 05/22/2012
cave - Yes---I concede the ways to destroy voting rights are myriad and creative. As for Citizens United---I have been a constant critic of the decision and even voiced my opposition to the eventual result even before the decision was rendered. This election will certainly prove the devastating consequences of that ruling.
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momoluvsu
We live in a parallel universe
02:31 PM on 05/22/2012
excellent article Judge Sorokin. I agree these restrictive laws aren't designed to prevent voter fraud, but to prevent select people from voting. It is a shame and a blatant attempt to control outcomes in elections........and why are we involved in foreign countries in helping to create democratic elections and roadblocking it in our own nation? Democracy needs to begin at home.
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Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
05:39 PM on 05/22/2012
momoluvsu - Thank you as always. I should have used "Democracy Needs to Begin at Home" as my title!
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momoluvsu
We live in a parallel universe
05:44 PM on 05/22/2012
It's yours :))!
02:12 PM on 05/22/2012
So requiring an ID to vote is curtailing democracy but I need one to get a job, get onto an airplane, purchase a firearm, use a credit card, sign my kids up for school, etc.

If '10%' 'won't (note that word) get a drivers license or state ID, why not? What is stopping them? If they have a cell phone, they've gone through a more rigorous process than getting an ID.
04:34 PM on 05/22/2012
The few cases that were voter fraud would not have been avoided if a photo ID were required.
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Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
05:45 PM on 05/22/2012
Thirdpower - What is stopping them? They don't have jobs. Or they have a job and can't afford to lose a day's work. They don't have cars. They are disabled. They are elderly. And some people don't go on airplanes, don't purchase firearms, don't have credit cards and believe it or not some don't even have cellphones. And none of the things you describe are constitutional rights. the question isn't why don't they get IDs, but rather why should they be required to do so?
10:06 PM on 05/22/2012
Um, actually 'Judge', firearms are a consitutional right even if you don't agree w/ it and it requires background checks, registration, etc.

Aren't double standards fun?
02:09 PM on 05/22/2012
Shouldn't Federal legislation define conduct of Federal elections? And it seems to me that the Feds could reasonably regulate state elections under the 14th amendment & constitutional reqt to assure a republican form of govt in the states.

Identification is going to be an increasingly important social issue. I've run into a number of Americans who can't identify themselves, for different reasons - the usual problem is failure to connect the birth certificate to a recent photo ID.

Of course neither a driver's license nor military ID proves citizenship (as a passport does) but it seems that it's time for more uniform standards. As a practical matter, "full faith & credit" needs to be extended to the grassroots details of daily life, or daily life will get all gummed up.
01:33 PM on 05/22/2012
Yes, murder is wrong, but Voltaire implies that, in certain circumstances, to the accompaniment of drum and fife, it can be sanctioned in time of war. As a life-long educator, I firmly believe that knowledge, edifying information provide the answer to most of society's ills. Bill Clinton glibly insisted that abortions should be cheap, safe and unnecessary, but he did not follow up that hope with a real plan. I thought I was a well-educated person with two masters' degrees, but I did not know, until someone told me, that there was a time in every woman's monthly cycle when she could not get pregnant, (I knew that the reverse was true: That is how my wife and I planned our family). How many women today use abortion as a drastic form of birth control - simply because they don't know any better? I'd be curious to know that
01:56 PM on 05/22/2012
You have a very good point, that a person can spend a LOT of time successfully accumulating degrees, without knowing basic issues about the people closest to them.

In fact, sticking your nose in books, without coming up to check your bearings against what you read (or noticing what is going on around you), often aggravates that problem.

I've always suspected that learning was not so much an end it itself, as a way to live better. I think that can be supported by the observation that any sort of trash can be learned without making it accurate or useful.

Would you make your knowledge of women's motives a pre-requisite to their prerogative to end a pregnancy? Are you somehow trying to connect Voltaire's idea of murder with abortion? Or what?
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dadw5boys
Disabled Vietnam Vet
05:22 PM on 05/22/2012
The Term Abortion is the USA overused ! Many time the women are having a DNC -- the walls of the Uturus are scraped to remove old skin that does not come out with her monthly. It can cause endmenterisos a very painful condition. The religious right claims all these procedures are abortions because there maybe a fertlized egg on attached. They want to stop a woman from having the DNC and test her.
Also the late term real abortion partial birth is seldom used very very seldom ! It is niche issue. The only time that procedure is done is when the fetus is so malformed it will not live outside the womb and is the result usually of incest and no prenatal care. But also if the fetus was born the very sight of it's being so malformed it would do untold mental damage to the parents.
Before the WIC program the partial birth abortions happened 1 on 3.2 Million Prtegancys. After the WIC program gave women prenatal care the need for partial birth abortion dropped to 1 in 4.1 Million pregancys. Republicans fought the WIC program tooth and nail.