States Move to Restrict Voting: What Nonprofits Can Do to Defend the Right to Vote

1. States Move to Restrict Voting: What Nonprofits Can Do to Defend the Right to Vote 1825 K Street, NW ~ Suite 450 ~ Washington, DC 20006 202.331.0114 ~ fax 202.331.1663 ~ www.fairelectionsnetwork.com Ben Hovland, Senior Counsel Thursday, February 23, 2012

2. What is FELN? • The Fair Elections Legal Network (FELN) is a nonpartisan organization based in Washington, D.C. Our overall mission is to remove barriers to registration and voting for traditionally underrepresented constituencies and improve election administration through administrative, legal, and legislative reform. FELN works year round with (c)(3) and (c)(4) state tables and organizations to support voter registration and GOTV efforts and to remove barriers to registration and voting.

3. Presentation Overview • Advances in Election Administration • Overview of 2011-2012 Voter Suppression Efforts • Affected Voters • What Nonprofits Can Do • Questions/Comments

4. Advances in Election Administration – Pro-Voter Reforms • Registration Reforms • Online Voter Registration • Same Day/Election Day Voter Registration • Statewide Portability • Voting Reforms • No Excuse Absentee Ballots • Early Voting, including non-traditional days and hours

5. New Restrictions Emerge • Photo ID • Indiana (2005) • Georgia (2006) • Missouri (2006; successfully challenged in state court) • Idaho (2010) • Proof of Citizenship to Register • Arizona (2004; litigation ongoing) • Georgia (2009; not in effect) • Restrictions on Third Party Voter Registration • Florida (2005)

6. 2011-12: The Whole Package • Strict Photo ID bills • Proof of Citizenship to Register • Ending Election Day/Same Day Registration • Shortening Early Voting and Changing Absentee Rules • Restrictions on Third Party Voter Registration Groups

7. Photo ID • 2011 saw new laws in AL, KS, MS, RI, SC, TN, TX, WI • Laws passed but vetoed in MN, MO, MT, NH, NC • 2012 ? – MN, MO, NE, NH, PA, VA • Over 20 other states also saw bills introduced during 2011-2012

8. Photo ID Model • Default Model • Photo • Current – unexpired, showing expiration date • Issued by the state or U.S. government • Driver’s license or non-driver’s ID issued by DMV • U.S. passport • U.S. military ID • Variations • Student ID sometimes allowed • ID from other state sometimes allowed • U.S. naturalization documents sometimes allowed • Tribal ID sometimes allowed • Exemptions, safety net for voters without qualifying ID

9. What ID bills could include • ID issued by other states • Student ID • Employee ID • Tribal ID • Generally recognizable photo ID • Non-photo ID (utility bill, government document, paycheck, etc.) • Exemptions • Non-photo ID safety net

10. Impacted Groups • Compared to 11% average without current government-issued photo ID- • 25% of African Americans • 18 % of elderly Americans (65+) • 15% of low-income Americans • Urban dwellers • voters with disabilities • out of state students • movers

11. Photo ID: Myth vs. Fact • Myth: Everyone has a photo ID, it’s no big deal. • Fact: A 2006 national survey by the Brennan Center found that11% of voting age citizens don’t have current government-issued photo ID

12. Myth vs. Fact • Myth: It’s the same as having to show an ID to buy alcohol, cash a check, or board a plane. • Fact: Voting is a fundamental right that shouldn’t be burdened. [And you don’t need photo ID to fly somewhere]

13. Myth vs. Fact • Myth: Everyone can get a free photo ID anyway. • Fact: There are practical barriers, as well as underlying financial costs involved in getting an ID.

14. Myth vs. Fact • Myth: Photo ID laws are needed to combat voter fraud. • Fact: The only fraud problem a photo ID requirement could address is voter impersonation, which is less likely than getting struck by lightning.

15. Proof of Citizenship • New laws passed in AL, KS, TN • Legislative efforts in at least 9 other states • Documentary proof • Driver’s license or non-driver’s ID if it indicates proof of citizenship was supplied to get the ID • U.S. birth certificate • U.S. passport • U.S. naturalization documents • Some tribal IDs, etc.

16. Impact • Practical Hurdles • Access to Citizenship Documents – Brennan Center study indicates at least 7% of eligible American voters don’t have • Submission with Registration Application – copying, mailing, etc.

17. Ending EDR/SDR • Repealed in ME* and OH* • Pending repeal/veto efforts • Vetoed in MT • Efforts in NH and NC

18. Impact • Restricting Options Restricts Access • Low-income voters • Mobile voters • Young voters • Turnout – failsafe eliminated • Provisional Ballots – costs, administration, risk of not counting

19. Shortening Early Voting and Changing Absentee Rules • New laws shortening early voting passed in FL, GA, ME, OH, TN, WV • Efforts in MD, NC, NM, NV • Eliminating Sunday voting • OH prohibited Sunday voting; NC bill & MO ballot initiative would do same • FL eliminated last Sunday before Election Day • Other Changes • OH prohibited counties from sending unsolicited absentee ballots and prepaying return postage.

20. Impact • Access • Reduces opportunities • Relied on by some voters more than others • Confusion • Changing systems people are used to • Variance in voter education efforts

21. Restrictions on Third Party Voter Registration • New restrictions passed in FL and TX • FL • Registration and reporting requirements • 48 hour turnaround time • TX • Deputy and training requirement • New rules regarding who can register voters and how they can be paid • Other efforts in CA, IL, MS, MI, NV, NM, NC, SC

22. Impact • Third party registration reaches potential voters that don’t intersect with registration opportunities as much as others • Low-income voters • Minority groups • Students • Black and Hispanic Floridians and Floridians from Spanish-speaking homes are over twice as likely to register to vote via third-party groups as white Floridians or Floridians from English-speaking households.

23. Review: Whole Picture • Strict Photo ID bills • Proof of Citizenship to Register • Ending Election Day/Same Day Registration • Shortening Early Voting and Changing Absentee Rules • Restrictions on Third Party Voter Registration Groups

24. Review: Impacted Groups • Minority Groups • Young People • Students and Non-Students • Mobile Voters • Low-Income Voters • Disabled Voters • Elderly Voters

25. Fighting Back • Exciting Citizen Efforts – ME and OH • Ongoing legislative battles and coalition work • Get ID projects • Voter education projects

26. Fighting Back – Nonprofit Style • Advocacy • More legislative fights to come • Local decisions and implementation matter • Empower clients for advocacy work • Collect personal impact stories • Legislative fights • Litigation

27. Fighting Back – Nonprofit Style • Client/Constituent Education • New changes to rules • But also basic voter information • Registration deadline, absentee voting information, early voting opportunities, ID requirements, etc. • How • Email blast • Voter Info Center – waiting room, at community day/events • Billing inserts • As part of education efforts on issues of relevance for your organization

28. Fighting Back – Nonprofit Style • Provide registration opportunities • Remind movers to update registration information • Remind clients to check for new polling place • Even non-movers may confront changes due to redistricting or precinct consolidation • Get ID projects • Get to the polls projects

29. 1825 K Street, NW ~ Suite 450 ~ Washington, DC 20006 202.331.0114 ~ fax 202.331.1663 ~ www.fairelectionsnetwork.com For more information, including materials and guides, visit: QUESTIONS For more information, contact Ben Hovland at bhovland@fairelectionsnetwork.com. Sign up for FELN’s Voter Suppression Update for ongoing information! Or email: Megan K. Donovan, Staff Attorney