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Going on the Offensive: Proactive Election Reform. Young Elected Officials Network Convening June 23, 2012 Eric Marshall, Manager of Legal Mobilization. Challenges We Face. Why has voter suppression legislation worked? Public Support Voter Fraud Frame is Powerful
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Going on the Offensive:Proactive Election Reform Young Elected Officials Network Convening June 23, 2012 Eric Marshall, Manager of Legal Mobilization
Challenges We Face Why has voter suppression legislation worked? • Public Support • Voter Fraud Frame is Powerful • Impact Difficult to Understand • Solutions Appear Simple • Answers Don’t Fit On Bumper Stickers
Three Pronged Strategy for Success • Responding to threats • Programs to protect the vote/Collect Data • Long-term campaigns to enact true reform
Responding to Threats: State Lessons • Real Stories of Impact • Ruthelle Frank • Elderly • Veterans • Election Official Allies • Cost Be Careful With: • Race • Partisanship • Fraud
Protect the Vote/Collect Data • Proactively and reactively respond to threats • Educate and empower voters: www.866OurVote.org • Legal support for nonpartisan grassroots partners • The 1-866-OUR-VOTE and1-888-Ve-Y-Vota Hotlines • Collecting Data and Stories: www.OurVoteLive.org • Comprehensive Early Vote and Election Day Programs
Long-Term Strategy to Win • Change the Narrative • Voting is a Right not a Privilege • Real Problems with Elections • Antiquated Paper-based Registration System • Long Lines, Confusion and Problems on E-Day • Deceptive Practices and Voter Intimidation • Real Solutions that are Popular
This is What Real Reform Looks Like • Voter Registration Modernization • Election Day Registration • Online Voter Registration • Pre-Registration • Deceptive Practices and Voter Intimidation Prevention • Expanded Early Voting
Voter Registration • Based on 19th Century model created by Whigs • Single biggest problem with our election system • Root of 1/3 of all problems reported to Election Protection in 2008 • Pew Report • 1 in 4 eligible Americans unregistered • 12 million records contain serious errors • Costly: In 2008 Oregon spent $8.8 million or $4.11/active voter
Voter Registration Modernization • Automatic • Permanent • Election Day Correction
Deceptive Practices: “Dirty tricks” - voters are deceived about the time, place, and manner of elections, or falsely led to believe that they may be subject to prosecution if they vote
Deceptive Practices: Maryland Robocall Case In December 2011, campaign manager to former Maryland Gov. Robert Ehrlich was found guilty of fraud and related charges for his role in an Election Day 2010 robocall. “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.”
Solution: Anti-Deceptive Practices Bill • Close ambiguity in current law • Establish clear penalties • Provide for private right of action • Create system for immediate corrective action
History : Federal • First introduced by then Senator Obama in 2005 • Re-introduced version passes House and Senate Judiciary in 2007 • 2011, Senator Cardin and Schumer re-introduce (S. 1994)
History : State • Minnesota – 2006 • Virginia – 2007 • New York – 2009 (passed State Senate) • Connecticut – 2012 • Colorado – 2012 (passed State Senate)
For more information please contact: Eric Marshall, Phone: (202) 662-8325; E-mail: emarshall@lawyerscommittee.org Twitter: @866Ourvote Facebook: Facebook.com/866OurVote www.866OurVote.org Lawyers’ Committee for Civil Rights Under Law 1401 New York Avenue, NW Suite 400 Washington, DC 2005-2124 www.lawyerscommittee.org