Chapter 8: Political Participation AP Classes, October 8, 2013

1. Chapter 8: Political ParticipationAP Classes, October 8, 2013

2. Some blocking and tackling • “Political participation” is simply the term given to describe all the ways in which someone can, well, participate in politics.* • It includes – • Voting (the #1 way people participate) • Giving money • Volunteering for a campaign • Contacting an elected official • Getting people to sign petitions • Etc. * Thank you Captain Obvious.

3. Let’s look at voting • Who decides who can vote? The states. • The Constitution does not give the federal government the right to say. • That’s left up to the states, as long as they’re acting constitutionally. • Basically, whoever can vote in a state election can vote in a national election. • Federal gov’t has imposed several “thou shalt not” restrictions, though.

4. Federal limits on States’ powers • No government may discriminate on basis of --- • race, color, or previous condition of servitude (15th); • sex (19th); • failure to pay a poll tax or other tax (24th); or • age as long as voter is at least 18 (26th). • And Congress has passed laws like the Voting Rights Act, using the “equal protection” clause of the Constitution.

5. The expansion of voting rights in a beautiful blue graphic

6. Disenfranchisement and responses • Note that these amendments are all framed in the negative – no gov’t (state or federal) shall deny someone the right to vote on account of race (among other things). • Several states tried to get around this by discriminating on some other basis (and, well, if that basis just happened also to discriminate on the basis of race, then shucks).

7. Government protection of the right to vote • The federal gov’t has been very involved in making sure that people are not “disenfranchised” (i.e., have the right to vote taken away) for bo-o-o-gus reasons. Click and Clack: The Kings of Bo-o-o-gus • For instance (see next several slides):

8. The poll tax • Requirement: Pay a tax in order to vote. • A seemingly small sum (as little as $1 a year in some states; worth about $28 today), but it’s been estimated to have reduced black turnout by 50% and overall turnout by 20-25%. • Outlawed in federal elections by the 24th Amendment. • Outlawed in state elections in 1966 (see Harper v. Virginia Board of Elections). Violated “equal protection” clause of the 14th Amendment.

9. Literacy tests • Had to pass a test in order to vote. • Can you pass Alabama’s? See http://www.crmvet.org/info/litques.htm and http://kpearson.project.tcnj.edu/interactive/imm_files/test.html. • How about Louisiana’s? http://www.slate.com/blogs/the_vault/2013/06/28/voting_rights_and_the_supreme_court_the_impossible_literacy_test_louisiana.html

10. Literacy tests (cont.) • Here’s the real kicker: depending on who gave you the test, it didn’t matter how well you did. • See http://www.crmvet.org/info/lithome.htm. • Outlawed in 1970 amendments to Voting Rights Act of 1965.

11. Grandfather clauses • Typical clauses: those who (a) could vote, (b) were in a foreign country, or (c) fought in the war prior to 1867 (and their descendants) would be exempt from educational, property, or tax requirements for voting. • The 15th Amendment was ratified in 1870. • Grandfather clauses were passed by 7 Southern states between 1895 and 1910. • Guinn v. Oklahoma struck them down in 1915.

12. White-only primaries • The 1st Amendment gives us the right to associate with whomever we want, right? (Actually, it gives us the right “peaceably to assemble.”) • Primaries are just a bunch of folks peaceably assembling, right? • So we should be able to exclude anyone we want, right? • Wrong! Smith v. Allwright (1944) said that all-white primaries are unconstitutional.

13. Gerrymandering • What is it? Drawing electoral district lines. • Ex:

14. Gerrymandering (cont.) • Can be done legally; in fact, the lines are re-drawn frequently, usually to solidify the power of the party that controls a given state. • “Packing” & “cracking” okay unless done to discriminate.

15. Gerrymandering (cont.) • But if done to discriminate on basis of race, it’s illegal. See Gomillion v. Lightfoot (1960) (redrew a square into a 28-sided something). • Also, can’t have “malapportioned” districts. See Wesberry v. Sanders (1964) (one district with 3x the voters as another is unconstitutional).

16. Government’s response (in addition to USSC cases) • Voting Rights Act of 1965, as amended (including preclearance) • Applied to all elections – federal, state, and local. • Plus the 24th Amendment

17. So who can vote in Alabama? You must – • Be a United States Citizen • Reside in Alabama • Be at least 18 years old • Have not been convicted of a “disqualifying felony” (or have rights restored) • Have not been legally declared "mentally incompetent" by a court

18. To get a registration form… …either see your government teacher or go to http://www.sos.state.al.us/elections/voterregistrationinfo.aspx. • You also can register at any of the following: • Driver's licensing office • County and select municipal public libraries • Department of Human Resources • WIC Program, Department of Public Health • Medicaid Agency • Department of Rehabilitation Services

19. Should we require more? • First in-class debate: Resolved: Citizens of Alabama should be required to pass a civics test prepared by Alabama before they are eligible to vote.

20. Alright, so you cleared the first hurdle… • Congratulations! You’re registered. Does this automatically mean you can vote? NO! You must also satisfy the Alabama Voter ID requirements.

21. Before: You could’ve voted in Alabama with one of the following • Gov’t-issued photo ID • U.S. passport • U.S. military ID • Employee ID card with photo • Alabama college/university ID with photo • Alabama hunting or fishing license • Alabama gun permit • FAA-issued pilot's license • Birth certificate • Social security card • Naturalization document • Court record of adoption or name change • Medicaid or Medicare card • Electronic benefits transfer card • Utility bill, bank statement, government check, paycheck or government document showing name and address of voter

22. Now: You have to have one of the following • Alabama driver's license or non-driver ID card • Photo voter ID card or other valid ID card issued by any state or the federal government , as long as it contains a photo • U.S. passport • Government employee ID card with a photo • Student or employee ID card issued by a college or university in the state, provided it includes a photo • U.S. military ID card containing a photo • Tribal ID card containing a photo

23. What if you don’t have a valid ID? • Vote a provisional ballot or vote a regular ballot if s/he is identified by two election officials as an eligible voter on the poll list, and both election workers sign a sworn affidavit so stating.

24. What if you’re absent? Alabama Absentee Voting Procedure • http://www.sos.state.al.us/Elections/AbsenteeVotingInfo.aspx

25. Second in-class debate Resolved: The new Alabama Voter ID law was needed to minimize voter fraud.

26. So we have the right; do we exercise it? • The word “idiot” comes from the Greek word meaning citizens who did not vote. • Are we idiots? Kinda. See next slide.

28. Measuring turnout • Distinguish VAP (i.e., voting-age population) from VEP (voting-eligible population). • VEP will be a subset of VAP; in other words, there are more people over the age of 18 than there are registered voters over the age of 18.

29. VAP v. VEP (cont.)

30. Turn-out rates • Our voter turn-out rates look better if we focus on VEP. Most people who register, vote (at least in presidential elections).

31. Why don’t we vote? • Some can’t. • Resident aliens. • Disabled. • Mentally incompetent. • Felons. • Unexpected travel.

32. Why don’t we vote (cont.) • Others won’t. • Lack of interest. • Low sense of political efficacy. • “My vote doesn’t matter.” • Or maybe they’re in a far-western time zone. • Hurdles seem too high • Registration requirements • Waiting to vote • Too many elections. • Weakened political parties.

33. Increasing voting There are two ways to increase it: • First, increase the number of registered voters. • Second, increase the number of registered voters who vote.

34. Registering more voters Options: • Automatic registration (like Sweden) • Easier registration (see Motor Voter Law, which became effective in 1995) • That law made it easier to register by allowing you to do at DMV (hence the name), by mail, at welfare and other social services agencies. • But note that this may not lead to more votes. “My results indicate that, as expected, motor voter does successfully raise registration, by roughly 3 percentage points. The relationship between increased registration and voting, however, is less clearly established.” http://economics.nd.edu/assets/24018/lawler_j.pdf

35. Registering more voters (cont.) • Get-Out-The-Vote (GOTV) efforts. • See http://gotv.research.yale.edu/?q=node/10 • Personalized methods work better (door-to-door canvassing, personalized messages) • Robocalls, mass email really ineffective

36. Increasing turnout of registered voters • Options: • National holiday to vote • Done in several other countries • Voting on weekends • More days to vote (32 million voted early in 2012; but see NC lawsuit)

37. Increasing voter turnout (cont.) • Voting by mail • Some States – like Oregon and Washington – allow for it. Good idea? • Pros: • Cheaper • Easier • Increases voter turnout • Cons: • Possibly greater risk of fraud • Possibly greater risk of coercion • Not really effective; see http://seattletimes.com/html/localnews/2015886916_voting12m.html)

38. Other ways to increase voting (cont.) • Voting by Internet • Not currently permitted in US • Mandatory voting, which takes us to the next in-class debate. Resolved: Voting should be mandatory in the United States.

39. So is voter turn-out really all that low? Your book suggests it may not be. • Maybe earlier high turn-out rates were a result of fraud. • We have at times used oral ballots. Abuse was rampant. • Even after switching to paper ballots, the games continued. Used to be that party workers would “escort” you into the voting booth to make sure that you voted the right way. • May even have given you a copy of a ballot already filled in. • Not so much a problem now.

40. Who sets the rules for elections? • Let’s start with a familiar concept: federalism. • There are shared responsibilities for conducting an election. • Most election law is set at the State level, but the U.S. Congress does play a significant role. • The Constitution: Congress gets to set the time, place, and manner of holding elections for Congress. Art. I, Section 4.

41. Day for federal elections • First, Congress gets to set the day when congressional elections are held. And they picked the first Tuesday after the first Monday in November. Why? • In November b/c harvest is in. • On a Tuesday b/c it allowed people to travel on Monday and observe the Sabbath. • Not on first of the month to avoid conflicts with payrolls.

42. Types of ballots • And Congress requires that we all use secret ballots. • This is done through a written ballot, called an “Australian Ballot.” • Printed at public expense • Lists names of all candidates in the election • Given out at the polls • Filled out in secret

43. Types of ballots (cont.) Within the set of Australian Ballots are the following subsets: • Office-group (or office-block, or Massachusetts) ballot: All candidates for a given office listed together. • Party column ballot: All members of a particular party listed together. Encourages straight-ticket voting.

44. Alabama combined both in one in 2012

45. When ballots attack: Bush v. Gore • The Florida presidential election in 2000 was in some ways a nightmare. • CNN’s coverage was typical: http://www.youtube.com/watch?v=JEB9hWYMpA0 • A “butterfly” ballot was used (see next slide).

47. Bedlam ensued… • Recounts were ordered in several c0unties. The FL Secretary of State (Kathleen Harris) ordered them stopped. The FL Supreme Court ordered them to continue and for the FL workers to try to discern the intent of the voter. • The lawsuits started flying. Seehttp://www.youtube.com/watch?v=7CI2U79ykgA • The result: The USSC said that the FL Supreme Court got it wrong when it ordered a “standardless” recount. While the USSC could’ve ordered a full recount according to a standard of its liking, it concluded time had run out. Bush wins.

48. The response: Help America Vote Act of 2002 (HAVA) Major provisions: • Use electronic voting; no more butterfly ballots • Better training for poll workers • Better computerized voter ID records • Allow for “provisional voting” (i.e., letting someone vote whose eligibility has been questioned and then figuring out later if the vote should count)

49. Circling back to “political participation” • Even if voting rates are low compared to other countries, perhaps our level of political participation is comparatively high. • We do get involved in lots of ways. See Table 8.3 in book. • And we do have LOTS of elections (remember the 90,000+ different governments we have in the U.S.?). • Other countries may have less frequent elections, fewer offices to fill.

50. Is the level that we have representative? • Or are parts of America – such as the poor, recent immigrants, minorities – underrepresented in the political process? • If so, what, if anything should be done?