Voter ID Laws: Racist or Reasonable?

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Both the
Left and Right have expressed concern over potential abuse in America’s current voting process. But as the
rhetoric flies, what are the facts? And is the Department of Justice heeding
all concerns?
By Brandon Darby

(This piece is an
abbreviated version of Brandon Darby’s original printed piece that was featured
in Townhall Magazine’s March 2012 issue)

There’s been much said lately about election integrity and voter identification
laws. Both sides of the American political spectrum have raised concerns over
polls and potential abuses in the American voting process. In fact, due to the
serious voter registration irregularities identified by groups like True the Vote in Texas, along with the
numerous voter fraud convictions across the nation involving workers from
politically motivated groups like the failed organization ACORN, many states
are pursuing photo identification as a means of addressing such assaults on
election integrity. Texas, South
Carolina and Florida
have all taken steps to mandate photo identification as a requirement for
voting. In general, Americans holding left-of-center perspectives tend to claim
organized racist efforts exist to suppress low-income Americans or minorities
from voting. DNC chairwoman Debbie Wasserman Shultz went so far in condemning
several recent initiatives to protect against voter fraud as to suggest
Republicans want to put voters back to the days of Jim Crow.

Americans with right-of-center perspectives tend to claim voter fraud and an
organized effort to register dead or nonexistent people is in full swing by the
Left. The Right has also suggested in some cases that efforts to allow Democrats
to vote twice or more are in play, as was discovered near Houston,
Texas, surrounding the 2010 midterm elections.
Both sides have legitimate facts and occurrences to validate their points of
view. There was a time in our nation when black Americans weren’t allowed to
vote. Even after their right to vote was recognized by the hard and often
dangerous—sometimes fatal—work of black activists and allies, laws were
implemented by the old Democrats of the South to ensure black Americans still
couldn’t vote. Tests which were nearly impossible to pass were administered to
many black Americans, ultimately preventing them from exercising their rights.
This horror is an historical reality and will forever justify some suspicion
any time a requirement is mandated regarding voting.

But a justifiable suspicion which merits further looking
into requires just that—further looking into. The initial suspicion doesn’t
mean the worst-case scenario is actually occurring. It simply means looking
into the matter is justified.

It was Democrats who were predominantly responsible for the
Jim Crow laws against black Americans voting. Democrats have historically
exhibited a tendency to go to any lengths to ensure the results of elections
turn out in their favor, as was the case during Jim Crow when they didn’t want
black Americans to participate in choosing non-racist leaders.

Republicans often point out the recent example of the
community organizing organization known as ACORN. As outlined in Matthew
Vadum’s “Subversion Inc.,” there
have been 55 convictions for voter fraud and voter registration fraud from
ACORN’s efforts, which leaned heavily in favor of the Democratic Party.


Deep in the Heart of Texas
Take, for example, Harris County,
the county encompassing Houston, Texas.
The irregularities in voter registration in this jurisdiction have raised
serious concerns over election integrity through the investigative efforts of
nonprofits and Harris County
agencies alike.

True the Vote, a nonpartisan, Houston-based nonprofit focusing on electoral
integrity has revealed some startling information. Their effort, which started
out as an initiative of a small tea party group, focused on volunteering as
poll workers in their local 2009 elections. According to the group’s founder,
Catherine Engelbrecht, what started as a simple effort to exercise civic duty
and get involved brought them face to face with what she referred to as
frightening and gross incompetence on the part of some election and county
workers at the polls. Engelbrecht revealed her 70 election volunteers noticed
that many voters were being allowed to vote without any identification at all.

Engelbrecht’s volunteers ultimately submitted 800 signed
affidavits outlining problems they encountered, including having overheard some
election judges telling people who they should and should not vote for. After
these experiences, the group decided to investigate how citizens could help
ensure voter integrity and identify what processes existed to report abuses or
irregularities. Engelbrecht says further efforts revealed even more frightening
examples of degradation to the election process. Engelbrecht’s group needed a
starting point for their investigative efforts and decided to request the open
records of all the registered voters from the previous 30 days. They found a
high number of irregularities resulting from Houston Votes, an organization
aligned with many far-Left causes. Irregularities such as signatures being
different than the printed names on the form and incomplete forms sparked
concern in True the Vote. The group submitted their findings from the New
Voters Registry Roll to the appropriate overseer, Harris County Tax Assessor
and Voter Registrar Leo Vasquez. His office held a press conference on August
24, 2010, announcing they had investigated a month’s worth of newly registered
voters totaling approximately 24,000 in number. They stated only an approximate
7,000 were actually new voters and the remaining 17,000 were problematic. The
tax assessor also stated that the group known as Houston Votes was “the voter
registration arm of Texans Together Education Fund” and basically served as the
area’s “new ‘ACORN’ organization.”

Vasquez gave a clear statement as to his organization’s
investigation findings during the press conference. He stated: “Evidence shows that the Houston Votes and
Texans Together organization is conspiring in a pattern of falsification of
government documents, suborning of perjury and a deliberate effort to over-burden
our processing system with thousands of duplicate and incomplete voter
registration applications. Even [worse], the paid personnel of
Houston Votes and Texans Together are alarming
citizens with wild stories about the integrity of our voter registration
database.”

Vasquez further revealed 1,597 multiple applications for the
same voters. This meant that at least two or three applications were given for
one person. Some of the applicants had as many as six applications. Of the
problematic applications, 1,014 were for already registered voters. 1,133 of
the applicants claimed, under penalty of perjury, to have no photo ID, yet the
Harris County investigation revealed that the vast majority of them did in fact
have a driver’s license. In addition, 325 of the applicants were too young to
vote. Twenty-five of the applicants were identified as not being U.S. citizens.
Keep in mind the Harris County
tax assessor and voter registrar investigation only covered the registrations
from a one-month period in Harris County
alone.

Engelbrecht’s True the Vote organization then decided to
look at the actual registry and not just the new registrations. The group
obtained the nearly 2,000,000-person Harris County Voter Registry Role. The
group subdivided the registry by congressional district due to the size of the
data.

After the registry was divided into the seven congressional
districts which Harris County
encompasses, True the Vote needed a starting point to isolate red flags for
possible irregularities. They decided to start looking at registrations that
had addresses six or more people were registered to.

The group found the seven congressional districts had four
that were predominantly Republican and three that were predominantly
Democratic. The four predominantly Republican districts had a range from 1,973
to 3,300 instances with six or more people registered to one address. The three
predominantly Democratic districts had much higher numbers. Though this could
possibly be attributed to variations in socioeconomic factors between the
predominantly Republican and predominantly Democratic districts, what the group
found next was alarming. The predominantly Democratic districts themselves had
large variations between them in the number of instances with six or more
registered voters at one address. The first had 7,560, the second 8,981, and
the third—the district of Rep. Sheila Jackson Lee, the prominent, outspoken
Democratic congresswoman—had 19,596 instances with six or more voters
registered at one address.

True the Vote then compared the socio-economic demographics
of the three predominantly Democratic congressional districts in an effort to
explain why Jackson Lee’s district could have such a high number in comparison.
Engelbrecht told Townhall the group
had found no significant difference to explain such a drastic variation in the
numbers.

The group began doing research into the abnormalities in
Jackson Lee’s district. They took the first 3,800 registrations of the flagged
19,596 instances with six or more registrants at one address and began to
investigate further. The group visited addresses and scoured property tax
records. The group found many of the addresses were vacant lots or business
addresses. Thirty-nine were registered at businesses and 97 of the addresses
were nonexistent. One hundred six of the registrations revealed the same
registrant registered more than once, and 207 of the addresses turned out to be
vacant lots. Meanwhile, 595 registrations had registrants with driver’s license
addresses not matching the registration, and many were voting in a district
they did not live in. Of the random 3,800 registrations from Jackson Lee’s
predominantly Democratic district, 25 percent had critical errors.

The media began to focus on the findings from the Harris
County tax assessor’s office and
True the Vote. Shortly after the August 24 press conference announcing the
results of the office’s investigation, a fire of unknown origins burned down
the warehouse containing all of Harris County’s voting equipment. In total, the
fire claimed 10,000 voting machines, which was approximately $30,000,000 worth
of equipment. Harris County
then spent $750,000 dollars on paper ballots as an emergency measure.
Meanwhile, Houston Votes, Texans Together and the Democratic
Party of Texas all filed lawsuits against Catherine Engelbrecht’s organization
in short order. The lawsuits are still ongoing.

Justice for All … If You’re a Democrat

The previous marginalization of black voters definitely raises concerns anytime
new requirements for voting are implemented. The investigative data denoting
the likelihood of current voter fraud definitely raises concerns as well.
Respected members from both of the country’s predominant political parties have
raised concerns and spoken out publicly asking for Justice Department
investigations of various sorts.

The current United States
attorney general, Eric Holder, recently announced the requested investigation
was indeed underway by the Justice Department—but it turns out only one side of
the concerns was adequately addressed. Holder’s December 13, 2011, speech
stated the Justice Department was investigating whether efforts exist to
prevent black Americans, low-income or other minorities and others from voting.
Not only did Holder not announce an investigation to allegations of voter
fraud, he went so far as to say there had only been “isolated incidents” of
such issues and that such allegations would not be part of the Justice
Department’s efforts.

As stated previously, the Democratic and Republican parties
are very clearly divided on justifiable concerns over the integrity of America’s
election system. The Department of Justice, being the Justice Department for
Democrats, Republicans, and others alike, has seemingly chosen to act as the
Democrats’ Justice Department in several ways.

During the presentation, Holder quoted from veteran civil
rights activist-turned-congressman Joe Lewis. In a speech given on the House
floor, Lewis stated that voting rights “are under attack… a deliberate and
systematic attempt to prevent millions of elderly voters, young voters,
students, minority, low income voters, from exercising their constitutional
right to engage in the democratic process.” Holder also criticized the new
photo-identification requirements in Texas and South Carolina, saying states
had “made changes to the requirements of third-party organizations that
register voters.” It’s interesting to note, however, Holder did not mention
problems or irregularities such as the ones described from Harris County which
induced state governments to enact the changes. He simply spoke of them in the
context of alleged efforts to prevent nonwhite persons from voting. Though
Holder did discuss voter fraud, its mention was brief and it ended with his assertion
that removing restrictions or rules for voter registration was unlikely to
result in fraud.

Even the location of Holder’s speech was telling—the University
of Texas Lyndon B. Johnson Library.
Johnson had signed the Voters Rights Act into law on August 6, 1965. Holder’s
speech focused heavily on Johnson’s efforts, while glancing over the data on
voter fraud and the convictions of ACORN workers for voter fraud.

Holder’s presentation helped ferment the perception that
racially motivated efforts to take voting rights away do indeed exist, even
prior to the investigation that was supposed to determine whether they existed.
Holder’s investigation has made clear that any effort to examine the legitimate
concerns of Republicans and nonprofits regarding voter fraud will not be
engaged in and the issues will not be examined by the Department Of Justice.
Though it is unlikely the approximate 1 percent of people in the Justice
Department who are politically appointed will be able to prevent the 99 percent
of nonpolitical men and women serving under the Justice Department from
pursuing investigations on their own, Holder has made clear his intention to
minimize such efforts and to avoid bringing attention to resulting
prosecutions.

Readers who are interested in helping
Catherine Engelbrecht and her nonpartisan True the Vote effort to protect
America’s elections can visit their site at www.truethevote.org and can attend the
group’s 2012 National
Summit
in
Houston, Texas.
The summit is on April 27th-28th and includes our
nation’s foremost experts on election integrity. The speakers are John Fund,
Pat Caddell, J. Christian Adams, Anita MonCrief, James O’Keefe, Rep. Artur
Davis, Hans von Spakovsky, and Tom Fitton.