Tag: Black Votes Matter

The Right to Vote And The 2022 Midterms

Though the right to vote was codified as a fundamental human right in Article 21 of the Universal Declaration of Human Rights in the 20th century, voting has been a cornerstone of American democracy since the nation’s founding in 1776 (though it took a while to realize this right for everyone).  In order to call itself a representative democracy, the United States must represent its citizens through laws and elected officials, which is executed through free and fair elections with equal access to participating in the voting process. In this article, we will be covering the importance of ensuring voter accessibility, some upcoming voter issues from a human rights standpoint, and, of course, how your vote matters! 

Please scroll to the end of this article for information on voter registration, aid in accessing the polls, remote voting options, and how to find your local candidates and docket items.

Source: Steve Rainwater via Flickr

What are Midterms?

Midterm elections are held in the middle of Presidential terms. In midterm elections, eligible citizens vote for the House and Senate candidates that, if elected, shape national laws and policies. The 2022 midterm elections take place this year on Tuesday, November 8, 2022, and will have a major impact on citizens’ rights on both the state and national level. These elections determine which political party will hold the majority in the houses of Congress for the next two years, which can affect everything from the federal budget to national and international policy. Check the current midterms forecast here to see how the House, Senate, and your state elections are predicted to go.

Source: Joe Brusky via Flickr

Each Vote Matters

The most common response I receive when asking why my peers choose not to vote is the thought that, “one vote cannot make a difference”. History disagrees. The 2020 presidential election saw a record voter turnout, with nearly two thirds of all eligible voters (158.4 million people) showing up to the polls. However, midterm elections historically have 10-20% lower voter turnout than presidential elections. For example, the 2018 midterm elections only saw 113 million votes, which is roughly 53% of the eligible voter population; and that was still the highest voter turnout for a midterm election in four decades with a historic average of roughly 40%. That means the elected officials who vote on crucial national policies like minimum wage, education, housing and healthcare are only representative of less than half of Americas eligible voters.

In addition, following the Supreme Court’s decision of Dobbs vs Jackson in June 2022, we have seen a large change in voter demographics as historically conservative states like Kansas, Ohio and Alaska observe spikes in young, female voters and Democrat registrations. On September 13, 2022, Democrat Mary Peltola was sworn in as the first Alaskan Native to be elected as an Alaskan representative in Congress. States that have been dependably Republican for decades are now facing a new population of politically active citizens flocking to all forms of civil engagement in order to change their states, for the present and the future. 

The Voter Issues

As we get closer to the midterm elections, it is important that we recognize both the dangers and the potential solutions that could be determined by the vote this upcoming November. Below you will find some of the largest human rights realms that will be affected by the outcome of the midterms.

Voter Issue: Abortion Rights

In the wake of Dobbs v Jackson, the right to elective abortions has become a prioritized and contentious voting issue for the 2022 midterms. Currently, 26 states are likely, planning to, or have already restricted access to elective abortions following Dobbs. The Pew Charitable Trusts used recent data to create the map below:

Source: The Pew Charitable Trusts

For the first time in five decades, local and state representatives will now determine whether women and people who can get pregnant in your state will have access to what was considered a nationally protected right under Roe v Wade. Beyond the simple matter of legal access, those elected to your state governments have the ability to further restrict or protect the right to abortion in your state. On the national level, those elected to Congress this November will be voting on policies like the Women’s Health Protection Act; a piece of federal legislature that would protect abortion access nationwide. 

While we are still two months away from elections, there are many signals that abortion will be one of the largest voter issues this election season. The very demographic of voter registrations has shifted following the Dobbs decision in June, with a rise in female, young, and Democrat voter registrations nationwide. In Kansas, a state with a long history of voting red (56% of Kansas voters cast their ballots for Donald Trump in 2020), an anti-abortion referendum was struck down by 59% of votes. This is the first time since Dobbs was decided that restrictive abortion legislation was struck down by voters. It was also a clear display of voter participation shifting the partisan norm as a deeply conservative state was met at the polls by voters, impassioned with protecting reproductive rights.

Source: “Vote Earth Tree” by Earth Hour Global is licensed under CC BY-NC-SA 2.0.

Voter Issue: Climate Change

The United Nations passed a resolution in July of 2022 that declares a clean, healthy environment is a universal human right. In addition, the recently passed Inflation Reduction Act plans to tackle both economic and environmental issues by majorly investing in clean energy production and creating jobs in the industry. Unsurprisingly, the Pew Research Center found that energy policy and climate change are two predominant issues voters will consider when casting their votes in November.

Source: Valeriya via Getty Images/iStockphoto

Voter Issue: Healthcare

The right to health is an inclusive right, defined by the United Nations as encompassing accessibility, quality, and availability amongst other qualities. While the aforementioned Inflation Reduction Act plans to lower drug costs for Medicare recipients, America still stands alone as the only developed nation in the world that does not have Universal Healthcare.

With chronic, severe or uncommon conditions, constant full-time employment may be the only way to gain affordable insurance that provides access to vital drugs and treatments. Insulin and Epi-Pens are two life-saving essential drugs that American citizens experience being denied access to because they cannot afford out of pocket costs. A simple ambulance ride can cost upwards of $1,200, an amount many Americans could not pay without incurring debt. With bankruptcy and extreme medical woes being legitimate fears for American citizens without health insurance, it is easy to see why 60% of voters say that healthcare policy is very important to their vote in the midterm elections.

Source: Victoria Pickering via Flickr

Voter Accessibility And Suppression

Voter suppression, whether passive or active, is a real issue in 2022. It is crucial that we recognize the ways in which voter accessibility is inhibited, especially in the discussion of voter turnout and how that affects who is truly represented in the US Government. Lack of accessibility and excessive voter registration requirements are detrimental to our voter turnout, and contribute to feelings of helplessness and voter apathy.

One of the largest inhibitors of active voters is pure accessibility. The US Justice Department states that, “Title II of the ADA requires state and local governments… ensure that people with disabilities have a full and equal opportunity to vote. The ADA’s provisions apply to all aspects of voting”. While some cite mail-in voting as a solution to physically inaccessible polling locations, the DOJ continues to specify that, “Any alternative method of voting must offer voters with disabilities an equally effective opportunity to cast their votes in person,” meaning that simply offering a mail-in vote option is not just insufficient; it is illegal. Despite this, the American Bar Association has found that “persons with disabilities made up one-sixth of eligible voters in the 2016 election, yet only 40 percent of polling places were accessible.” Both persons with disabilities and the older population are greatly impacted by this lack of accessibility.

While accessibility at physical voting locations is a major issue, the voter process begins with voter registration; a procedure that can be incredibly inhibiting. Voter ID requirements are one of the primary obstructions across the board when citizens attempt to register to vote. Burdensome voter identification restrictions are explained as necessary security measures, but their policy outcome is that citizens who are eligible to vote are unable to due to the expensive and time-consuming process necessary to obtain government IDs. While the average percent of eligible voters who lack a government-issued photo ID is roughly 11% per the Brennan Center’s research, that amount is significantly higher amongst minority groups, low-income people (15%), young voters 18-24 (18%) and old voters 64 or above (18%). The highest category though is African-American citizens, who reported a staggering 25% of voting-age citizens without eligible IDs. In a nation with a history of civil rights abuses, institutional racism and voter suppression, modern voter ID laws must be re-evaluated in order to uphold the integrity of the electoral system in America.

Additional voter restriction issues include lack of public transportation to polling sites, deceptive practices, racial and partisan gerrymandering, employers not providing time off, long lines, prolific jailed, previously jailed and ex-felon disenfranchisement.  A representative democracy must represent its people, and to do that its people must be able to vote.

Resources:

  • Please click HERE to register to vote. If you are interested in absentee or mail in voting options, please check out this page where you can speak to an agent if you have any additional questions!
  • VoteRiders is an amazing nonprofit that helps voters to obtain their necessary documentations, and can help provide rides to the DMV to obtain photo IDs and rides to the polls through their volunteer service! Their organization will also cover any fees necessary in the ID process, so please check them out if their resources would be helpful to you or if you are interested in volunteering with them! You can also reach their help line at 888-338-8743
  • Rock the Vote provides helpful information on voting in your state, walks you through the registration process and provides helpful reminders for upcoming voter deadlines!
  • To learn more about voter suppression or to join the fight against voter ID restrictions and voter suppression nationwide, please check out the ACLU and the Brennan Center today!
  • Find the forecast for your State’s midterm election results here

 

Black Voter Suppression in Alabama: Congressional Redistricting Goes to Supreme Court

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People demand their rights in Washington, D.C. Source: Yahoo Images

On Monday, February 7, 2022, the United State Supreme Court blocked the creation of a second majority-Black congressional district in the state of Alabama for the 2022 election. This action further undermines the significance and precedent of the Voting Rights Act of 1965, a monumental piece of legislation that continues to fight for the equality of the voices and votes of people of color.  

Context 

The issue of the redrawing of the AL congressional map arose earlier this year after a court case was brought forth by the ACLU of Alabama and NAACP Legal Defense and Education Fund, Inc. (LDF). In 2021, the Alabama legislature, which has a GOP majority, was given the responsibility of redrawing the map in accordance with the 2020 census. The legislature drew only one majority Black district, which was not reflective of the census that shows 27% of Alabama’s residents identify as Black. The plaintiffs argued that because of this drawing, “Black voters have less opportunity than other Alabamians to elect candidates of their choice to Congress.” The panel of district court judges included two district judges appointed by President Donald Trump and a court of appeals judge appointed by President Bill Clinton. On January 24, 2022, the district court ordered the state to draw a new map, agreeing with the plaintiff that the initial drawing likely violates Section 2 of the Voting Rights Act, which bans racial discrimination in voting policies. The court gave the state two weeks to draw a new plan that includes two majority-Black districts. Failure to do so within the time period would result in the task being delegated to an expert.  

The defense – the state – plead for the order to be put on hold while they appealed. The court turned down the plea, claiming the request was “effectively an unsupported motion for reconsideration” as the case had been characterized as a “straightforward Section Two case, not a legal unicorn.”  

Alabama Goes to the Supreme Court 

On January 28th, the state turned to the Supreme Court, asking the justices to freeze the district court’s order. The court granted said request and set the dispute for an oral argument in the fall. The decision was a 5-4 decision, with Chief Justice Roberts, Justices Kagan, Breyer, and Sotomayor dissenting. In her dissenting opinion, Justice Kagan emphasized that normally, a litigant asks the Supreme Court to freeze the lower-court order because it believes that the lower court got the law wrong. In this case, however, she argues that the district court made the proper, legal decision. Putting the ruling on hold “forces black Alabamians to suffer what under that law is clear voter dilution.”  

Justice Brett Kavanaugh responded to Kagan’s dissent with his concurring opinion which highlighted two points: one, that the Court’s decision is simply putting the district court’s order on hold until the Supreme Court can review it in the fall; and two, that the Purcell principle – the idea that federal courts should not change state election rules shortly before an election – is applicable to the situation. Kagan’s response was that it is not too late to require Alabama to redraw its maps prior to the election, as the district court’s initial two-week deadline did. Alabama’s primary election is not until May 24, 2022, giving the legislation plenty of time to properly allocate congressional districts as per 2020 census.  

Implications of SCOTUS’s Decision 

Black Alabamians like Evan Milligan, one of the four voters who sued Alabama for its new map, sees the ruling as a significant setback for Black voters like him. This fight is a personal one for him, a lifelong resident of Montgomery, the endpoint of the 1965 march from Selma that prompted Congress to pass the Voting Rights Act. Milligan shared that he lived in a home with four generations where the right to vote was sacred: “It was a house with a lot of conversation about the legacy of voting rights work and just the amount of resiliency and struggle that Black families have encountered, particularly in the Deep South and Alabama.” He is not the only one who is scared of such a legacy being tarred by a Supreme Court decision.  

Harvard Law School Professor Nicholas Stephanopoulos, an expert in redistricting, commented on the impact a SCOTUS ruling in favor of Alabama could have: “If the court accepted Alabama’s argument, that would be the end of Section 2 as we know it. It would become harder for plaintiffs to win Section 2 cases, and states could eliminate many existing minority opportunity districts without violating the statute.” The Supreme Court’s opinion in the fall could set a dangerous precedent for congressional district mapmaking nationwide, eroding the legacy and applicability of the Voting Rights Act.  

The Republican state legislators, who maintain the Alabama legislation currently, have continuously made the argument that the redrawing of the map makes the congressional district designation a matter of race. They argue the consideration of race in drawing electoral maps must be limited, which is why the legislation “adopted a map that used ‘race-neutral’ criteria.” Even in the district court case, the state argued the creation of a second majority-Black district would divide the suburbs of Mobile. The argument was rejected by the lower court, which noted that the school districts in Mobile were divided in precisely the same way. There would virtually be no difficulty in applying the new map; the only noticeable difference would be the recognition of a second majority-Black congressional district.  

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A mural at the Birmingham Civil Rights Institute. Source: Blog author.

Next Steps 

Despite the disappointing Supreme Court’s decision, Alabama’s black population has always persevered in the fight for civil rights, including the right to vote. It will only continue to do so.  

I encourage all of you to follow this issue closely, read about the Voting Rights Act (specifically Section 2), vote in the primaries (May 24), and continue learning about the various policies and legislation that have been made possible by Black social justice and civil rights advocates.