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Keesha Gaskins

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Voter Deception Conviction Illuminates the Need for Real, Not False Solutions

Posted: 12/13/11 11:32 AM ET

Last week, Paul Schurick, the campaign manager for former Maryland Governor Robert Ehrlich, was convicted of two counts of conspiracy to violate election laws and two counts of election fraud for orchestrating a scheme of robo-calls intended to deter 100,000 Democratic African-American voters from voting in the City of Baltimore and Prince George's County Maryland.

The robo-calls, delivered in a woman's voice, assured Democratic voters that the Democratic Governor Martin O'Malley had already won the election as of 6:00 p.m. on Election Day 2010.

"Our goals have been met. The polls are correct and we took it back. We're OK. Relax. Everything's fine. The only thing left is to watch it on TV tonight."

At trial, Schurick argued his intention was to anger voters sympathetic to his candidate in order to motivate them to vote. A jury rejected his argument and found Schurick's intent was to mislead and discourage Democratic African‑American voters from going to the polls.

Schurick's conviction comes in the midst of a robust national debate about the importance of ballot security and how to protect American elections. Since January 2011, 15 states passed laws - with more legislation currently pending in Michigan, Minnesota, Pennsylvania and Virginia, among others - that burden individual voters by making it harder for citizens to register and to vote. These efforts range from eliminating early voting on Sunday, to making it more difficult for citizens to register, to requiring a specific kind of government-issued photo ID to vote. In almost all cases these laws are justified as a means to prevent voter fraud. This justification fails.

Simply put: these laws do nothing to prevent voter fraud, while putting up unnecessary barriers to the ballot for millions. Making it all but impossible for the League of Women Voters to register citizens in Florida -- as a new law does -- will not prevent someone who wants to submit a false registration form from doing so, but it could keep thousands from ever getting on the voter rolls. Eliminating days available for early voting will not keep supposed "fraudsters" from the polls, but it will affect the 1-2 million voters who used those early-voting days to vote in the 2008 elections. Requiring a driver's license, gun permit, military ID or passport to vote (while not allowing student IDs or public benefit cards) will not improve the security of our elections, but it may prevent the 3.2 million citizens without the right kind of photo ID from voting. All total, up to 5 million American citizens may be affected by these laws, with no evidence that any voter fraud will be prevented.

These new laws raise concerns for the 2012 presidential election. Five million votes is greater than the margin of victory in 2 of the last 3 presidential elections. Moreover, there are a total of 175 electoral votes controlled by the states that enacted laws imposing new restrictions on voting and voter registration for the 2012 election - equaling 65 percent of the 270 electoral votes needed to elect the next President.

Conversely, the "voter fraud" evangelicals ignore the very real problems created by voter deception. In a case before him in 2009, federal Judge Dickinson Debevoise found that voter intimidation tactics present an ongoing threat to participation in the political process" and continue to pose a far greater danger to the integrity of the process than the unproven and undemonstrated threat of voter impersonation and improper voter registration.

The distribution of misinformation about elections and voter eligibility undermines public confidence and discourages citizens from participating in the electoral process. Examples of voter deception include:

· In 2002 in Louisiana, flyers in an African American neighborhood inaccurately told voters they would be able to vote three days after the election.

· In 2004 in Ohio, flyers in Franklin County told voters that due to heavy voter registration, Republicans should vote on Tuesday and Democrats should vote on Wednesday.

· In 2006 in Virginia, voters living in areas with large minority populations received calls incorrectly reporting that their polling places had changed.

· In 2008 in Philadelphia, fliers posted near Drexel University incorrectly warned that police officers would be at polling places looking for individuals with outstanding arrest warrants or parking tickets.

· In the 2006 midterm election, 14,000 Latino voters in Orange County, California received mailings from the California Coalition for Immigration Reform, warning them in Spanish that "if you are an immigrant, voting in a federal election is a crime that can result in incarceration" without reference to the fact that a naturalized immigrant may legally vote.

Other types of suppressive voter activity by political operatives or private citizens are:

Voter caging: efforts to identify and disenfranchise registered voters solely on the basis of an undeliverable mailing;

Voter intimidation: conduct that intimidates or threatens voters into voting a certain way or refraining from voting; and

Discriminatory or intimidating voter challenges: formal challenges to the eligibility of persons presenting themselves to vote either at the polls or prior to Election Day in a way intended to intimidate voters or in an intentionally discriminatory pattern.

Paul Schurick's conviction evidences the type of activity that is well-documented and clearly demonstrated to be a real problem.

Niomi Rosenberg, one of jurors from the Schurick trial said it best: "Suppression of the vote is a very big problem. Our country is founded on the right to vote."

Keesha Gaskins serves as Senior Counsel for the Democracy Program at the Brennan Center for Justice at NYU School of Law.

 
 
 
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Mas
Blame has no expiration date
08:09 PM on 12/16/2011
How about the old time favorite from the Republican-cons about "grave-yard voters." It was part of the Southern Strategy, where former President Nixon’s campaign complained about voter fraud in Chicago and Northern Illinois, however, when the investigation looked at cases in Southern Illinois (Republican strong hold), Nixon’s campaign stopped complaining, and the legend of Chicago’s “graveyard voters” began. It was then Republicans made their point election results are only valid if their side wins.

Republicans believe that they are always entitled to win, Right Wing Authoritarian Followers (RWAF) believe that the majority of Americans share their views and that America is a conservative nation despite that of the last 5 presidential election cycles, Republican candidates has failed to win the popular vote 4 times (1992, 1996, 2000, 2008).

Republicans-Con's voter "fraud" claim is just like their “War on Christmas,” its a cycle and a time to sell fear, entitlement, and hate. Every conversation drips of hyperbole, sarcasm, or irony. They go from talk show to News shows and cast their political opposition as extreme caricatures, and where every attack is spoken with dire and apocalyptic tones.
05:32 PM on 12/14/2011
I would like to add the exclusion of Independents in all rounds of voting. People who choose not to be part of a party should not be treated as 2nd class citizens. We realize that the system is broken and needs to be fixed. I am on a campaign for Independents to ask of congress to hold hearings on the barriers independents face. For all those concerned with what is going on in Government and the exclusion of more than 38% of voters who say are independent please go to www.independentvoting.org and help me with this campaign. Congress must listen to us.
04:18 PM on 12/14/2011
The real problem is the one the GOPers use. They vote more than once and mulitple times in many states. Most snowbirds who come to Texas can vote in Texas, and vote absentee in their home states as well. There is nothing to stop them from doing that other than the honor system. When they come down here, they can simply get a Texas drivers license and they are good to vote.

The GOPer who is from the 22nd Congressional district in Texas voted TWICE in 2004, once in Virginia where he was living, and then in Connecticut where he had lived with his parents before. The wealthy and those who move around a lot have th privilege of voting many times since there is NO data base between states to weed out duplicate voter registration in different states.

We need to do what Mexico does and have a Federal Voter ID card. That would cut down on a lot of this multiple voting by the privileged.
09:00 PM on 12/13/2011
How is this different than 2000 when national news networks projecting Al Gore as winning Florida before the polls there closed?
HUFFPOST SUPER USER
jmac44
File it under GOP just dont give a.....
10:15 PM on 12/13/2011
If you cant figure out that plain lying to voters is just WRONG then let me suggest to you that when you cast your vote Nov 2013 I hope its for a Tea Bag Republican......
12:37 PM on 12/14/2011
The networks were also lying to voters.
05:30 PM on 12/13/2011
Now we will never have a chance to get the bums out . Voter fraud will be rampant or Bhe test ushant . No bill of rights containment camps Canadian oil lines going through Your land drug test for unemployment is the start of test, vaceens to make Your children sterile Did I forget something?? Am I the only 1 seeing this ??? Please tell me
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RepublicanDepression
Of the Greedy One Percent, by the 1%, for the 1%
04:45 PM on 12/13/2011
More proof that the GOP (Greedy One Percent) hate Democracy and care only for power.

How do they use that power? To crush the middle class that FDR created.
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HUFFPOST SUPER USER
wally12345
04:41 PM on 12/13/2011
who is behind all this stuff?? totally antiamerican people for sure. would someone please step up and confront these issues for real.
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DoubleYellowLines
Left of the Right, and Right of the Left
04:28 PM on 12/13/2011
Technically the States do get to define the requirements for voter registration.

The solution is simple. Any State that changes their voter registration laws must have ALL voters qualify via the new regs - meaning that all voter registrations are canceled, and everyone needs to start with an equal playing field. After all, if my neighbor has been a Registered Rpub for 40 years, how do we KNOW he qualifies as a voter now? He could have gotten on the rolls back when the requirements were all loosey goosey.

I wonder if an Executive Order can cover that.
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HUFFPOST SUPER USER
akrazyrunner
Without healthcare, freedom is just a theory
03:19 PM on 12/13/2011
They're targeting of black in PG county and Baltimore failed.
I got one of these calls too and I am white and don't live in PG or Baltimore.
I called my local representatives office and I was far from being the first to complain.
I am glad they convicted him, now I hope he does real time in prison
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HUFFPOST COMMUNITY MODERATOR
BannedFromCommenting
♼ ♼ PLEASE RECYCLE TROLLS ♼ ♼
02:48 PM on 12/13/2011
Lets see all the righties come out saying "What's wrong with a photo ID?" Well tell that to the disabled person whose ID expired, and is living with their parents who now are in their 80's and cannot drive anymore themselves, how he/she will get to the DMV to renew it? Oh, right, the internet? Many states have no such online renewals.
So disabled are denied voting rights, and the elderly who cannot drive to polling centers.
Oh wait! What of mail in ballots? But how to they check THOSE IDs? Oh, they don't! So really this is about just attempting to suppress those that lean toward democratic candidates! This issue seems to mainly arise in states that are RED at risk of going BLUE.
03:30 PM on 12/13/2011
How is that person supposed to get to the pols and vote if they can't get to a DMV?
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LibRule
Peace on, Republicans!
03:35 PM on 12/13/2011
Is it easier to find one ride or 2?
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Watching rock grow
It's a practice in patience
04:31 PM on 12/13/2011
Absentee mail-in ballots another target of the republicans.
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azlegalcitizen
INDEPENDENT
05:55 PM on 12/13/2011
Boo Hoo. Only minorities have the same trite complaints year after year, " I can't find a registrar, I can't provide a birth certificate, I can't drive a car etc... We have elections every two years. In that time period anyone can call their local political party, (apparently mostly democrats can't think for themselves on how to obtain proofs), they can write their state of birth for their birth certificate, they can go to the church, school or an older relative for certified or sworn verified proof of citizenship. I am quite sure obtaining the food stamps, housing supplements, welfare needs proof of residency and citizenship. So what is different in demanding a proof of residency and citizenship to vote. I am tired of hearing the same old excuses from minorities.
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HUFFPOST SUPER USER
BrainRagYell
Atheist, Democrat.
02:37 PM on 12/13/2011
This is such a tiresome argument. Voter fraud is all but a myth and standard Republican talking point. Voter suppression is a standard conservative tactic.

FACTS: http://www.truthaboutfraud.org/pdf/TruthAboutVoterFraud.pdf
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RobietheCat
Altruism with someone else's money isn't
04:46 PM on 12/13/2011
Seeing as how all the lefties keep bleating that voter fraud is a myth. I think there must be a reason you won't listen to reason.

"In 2005, Arizona passed Proposition 200, which requires anyone registering to vote to provide "satisfactory evidence of United States citizenship," such as a driver's license, a birth certificate, a passport, naturalization documents, or any other documents accepted by the federal government to prove citizenship for employment purposes. The state issues a "Type F" driver's license to individuals who are legally present in the United States but are not citizens. Since Proposition 200 took effect, 2,177 non-citizens applying for such licenses have attempted to register to vote. [42] Another 30,000 have been denied registration because they could not produce evidence of citizenship.[43]"

link: http://www.heritage.org/research/reports/2008/07/the-threat-of-non-citizen-voting
CognitoErgoSum
CogitoErgoSum was taken when I signed up.
07:14 PM on 12/13/2011
Any reference to "facts" presented by the Heritage Foundation deserve to be in quotes.

The FACT is that the Constitution says in Section 2 of the 14th Amendment that if the a state impedes the right to vote, they risk losing representation in Congress. Of that 30,000 number quoted, most probably were eligible to vote. Illegals have little motive for identifying themselves to authorities, so there is little motivation for any to register to vote.

It's the right who disavows both reason and morals.
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azlegalcitizen
INDEPENDENT
06:00 PM on 12/13/2011
Suppresion? You mean demand a simple little of proof of citizenship? The bank, the library, the welfare office is supposed to demand proof but that is another story. Since the need for id we have complied and yet the minorities refuse with all the b s excuses, year after year. If they want equality let them learn civic responsiblity.
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HUFFPOST SUPER USER
El Duderino 791
The Chinaman is not the issue.
02:33 PM on 12/13/2011
The Republicans have a point here. No one should be allowed to vote who does not have the right to do so. And it can be nothing but an unintended consequence if these laws happen to disenfranchise legitimate voters who are predominantly Democrats.

So let us keep these laws against voter fraud. I am sure that the GOP will not mind if we also pass a requirement that voters must pass a high school civics test to get a voter's license. That will exclude enough Republicans to level the playing field again.
03:31 PM on 12/13/2011
You do know that republicans, on average, are better educated than democrats, right?
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LibRule
Peace on, Republicans!
04:06 PM on 12/13/2011
Not any more, but nice try. Don't you know colleges are liberal bastions? http://en.wikipedia.org/wiki/Democratic_Party_(United_States)
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LibRule
Peace on, Republicans!
04:11 PM on 12/13/2011
And liberals have 11 point higher IQs than conservatives. Imagine that! http://www.sciencedaily.com/releases/2010/02/100224132655.htm
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RepublicanDepression
Of the Greedy One Percent, by the 1%, for the 1%
04:43 PM on 12/13/2011
No one should be STOPPED FROM VOTING who HAS the right to do so.

Agree, or disagree?
07:06 AM on 12/15/2011
Agree.

Concurrently, no one who does not have the right to vote should be allowed to.

That is why we need voter ID laws in every state. If you have the right to vote, you should have no problem showing ID to prove it; as an American you should be proud to show ID to perform that most sacred of rights; voting.

If you oppose showing ID to vote, you support voter fraud; Agree?
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HUFFPOST SUPER USER
rini1946
02:15 PM on 12/13/2011
I agree that we need someway to stop fraud. I would think in this age of computers it would be a lot easier. I have heard where college students have used thier parents address and thier dorm address and voted twice once in person and one by absentee ballot. Not that I am bashing this but I saw where a 100 year old black women voted for obama she did not seem that she knew that she had all her senses. And I figure that they marked the ballot for her there must be a lot of other people out there voting twice once on thier and once for eldery parent (all races) I am against the easy use of getting a absentee ballot there seems like there could be a lot of wrong doing with them .
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HUFFPOST SUPER USER
dennishastings
Musician
03:16 PM on 12/13/2011
Google 'voter fraud'. You will find that it happens... but so rarely that is almost insignificant. Voter fraud could not change the outcome of an election. There would have to be thousands and thousands of fraudulent ballots cast to make any difference.

No, this is a boogie man threat. Using the fear of 'voter fraud' while the conservatives launch a campaign that seeks to restrict legal voters is just a two pronged attack against democracy.
07:09 AM on 12/15/2011
What you will find is that it is almost never prosecuted. The current administration would not even prosecute a clear cut case of voter intimidation; we should trust them to go after voter fraud?

If you are a proud American, you should have no problem showing ID to vote.

If you oppose having to prove you are who you say you are to vote, you support voter fraud.
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LibRule
Peace on, Republicans!
03:37 PM on 12/13/2011
In WA, the man that voted for his deceased wife (1) was a Republican.
01:30 PM on 12/13/2011
This further illustrates the hypocracy of the conservatives, who supposedly wrap themselves in the constitution. What is more fundamental in a democracy than the right to vote? It's a shamefull effort to restrict voting rights, similar to poll taxes that were outlawed by the 24th amemdment in 1964.
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RobietheCat
Altruism with someone else's money isn't
01:17 AM on 12/14/2011
Voting rights are Civil Rights.

Why don't they use that phrase anymore?

Maybe because those rights like voting, pertain to Citizens?

"The most common legal application of the term civil rights involves the rights guaranteed to U.S. citizens and residents by legislation and by the Constitution. Civil rights protected by the Constitution include Freedom of Speech and freedom from certain types of discrimination."

link: http://legal-dictionary.thefreedictionary.com/Civil+Rights

- Maybe the pesky word legal has something to do with it.
Maybe there's an illegal-dictionary.dot.com that will give us the right definition.........
01:23 PM on 12/13/2011
The only ID or registration card that should be allowed as eligibility to vote or register to vote is one that absolutely without exception requires proof of citizenship. I don't care if they allow an Albertsons card as proof of ID as long as that card without any exception requires proof of CITIZENSHIP. No excuses.
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HUFFPOST COMMUNITY MODERATOR
BannedFromCommenting
♼ ♼ PLEASE RECYCLE TROLLS ♼ ♼
02:50 PM on 12/13/2011
Seriously what rock did you crawl out of?
Look, have you ever registered to vote? I did! Online! No ID required! Nothing. BUT that Voter ID card (that has no picture) probably would not be sent to me if I was not legit. All I know is I did not prove anything to get it... but the other issue is....
How many "ILLEGALS" do you REALLY think TRY to vote? I think the number is so insignificant, that this is clearly NOT the motive behind such push for ID requirements.
03:07 PM on 12/13/2011
You use a couple terms in your comment. That card PROBABLY would not be sent if you were not legit. Where is the safeguard. We should no that it would not be sent to you. Also explain to me why illegals would not try to vote? Obviously we have NO safeguards to prevent it. What is to stop it?
03:22 PM on 12/13/2011
Funny the democrats financiers require photo ID's at votes.

http://biggovernment.com/mikeflynn/2011/12/13/union-disenfranchises-workers-in-contract-vote/#more-390260