Today's Voter Suppression Tactics Have A 150 Year History - Talking Points Memo - 0 views
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The tools that broke American democracy were not just the Ku Klux Klan’s white sheets, vigilantes’ Red Shirts, and lynch mobs’ nooses; they were devices we still encounter when we vote today: the registration roll and the secret, official ballot.
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Along with exclusions of felons and permanent resident aliens, these methods swept the entire United States in the late 19th century, reducing nationwide voter participation from about 80 percent to below 50 percent by the 1920s.
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turnout in the United States has never recovered; by one 2018 survey, the country ranks 26th of 32 developed democracies in participation.
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the flood of 200,000 black men into the U.S. Army and Navy inspired them — and others — to claim the vote as their due. “If we are called on to do military duty against the rebel armies in the field, why should we be denied the privilege of voting against rebel citizens at the ballot-box?
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In the early 1800s, as organized political parties began to fight over issues like banking and infrastructure, that changed; turnout rose to 70 percent in local and state elections. Still, presidential polls remained dull and ill-attended. That changed in Jackson’s second run for the presidency in 1828. Heated debates and even-hotter tempers attracted men to the polls
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Democracy for white men did not, however, spill over to democracy for everyone; in this same period several states rolled back laws that permitted free black men to vote.
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For white men, the United States became a democracy by degrees, not by design, and it showed in the chaotic voting systems
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While colonial Americans cast beans, peas, and corn into containers or called their vote aloud, in the 1800s most men either wrote the candidate’s name on a blank sheet of paper or turned in a ballot helpfully printed for them by the local political party or newspaper. Outside of Massachusetts, almost no one registered to vote
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Today, the ubiquity of voter registration blinds us to its impact. It is a price we all pay for voting and so no longer think of as a price at all. But nineteenth-century Americans understood the costs. Registering in person months before the election minimized the chance of fraud but doubled the difficulty of voting and the possibility of interference
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Alexander Keyssar’s excellent history of voting called the 1850s a period of “narrowing of voting rights and a mushrooming upper- and middle-class antagonism to universal suffrage.”
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Once the war came, hundreds of thousands of Irish and German immigrants enlisted in the U.S. Army. For a time this flood of foreign-born soldiers swept nativism away. In the years after the Civil War, 12 states explicitly enfranchised immigrant aliens who had declared their intention to become naturalized but had not yet been made citizens. Voting by non-citizens who planned to become naturalized was “widely practiced and not extraordinarily controversial” in this period, political scientist Ron Hayduk argues.
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Another way to bar African-American men was to expand the number of disfranchising crimes. Cuffie Washington, an African American man in Ocala, Florida, learned this when election officials turned him away in 1880 because he had been convicted of stealing three oranges. Other black men were barred for theft of a gold button, a hog, or six fish. “It was a pretty general thing to convict colored men in the precinct just before an election,” one of the alleged hog thieves said.
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By the fall of 1867, more than 80 percent of eligible African-American men had registered. During the subsequent elections, at least 75 percent of black men turned out to vote in five Southern states. Democracy has a long history, but almost nothing to match this story.
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Smalls and his compatriots tore down racial barriers; established public school systems, hospitals, orphanages, and asylums; revised tenancy laws; and tried (sometimes disastrously) to promote railroad construction to modernize the economy. Reconstruction governments also provided crucial votes to ratify the 14th Amendment, which is still the foundation of birthright citizenship, school desegregation, protection against state limits on speech or assembly, and the right to gay marriage.
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, South Carolina, the counter-revolution was brewing in the upcountry by summer 1868. Ku Klux Klans and other vigilantes there assassinated Benjamin Franklin Randolph, a wartime chaplain, constitutional convention member, and newly elected state senator, as well as three other African-American Republican leaders. Nevertheless black South Carolinians turned out in force, carried the 1868 election, and helped elect Ulysses S. Grant president.
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In his March 4, 1869 inaugural, Grant called on states to settle the question of suffrage in a new 15th Amendment. Anti-slavery icon Frederick Douglass said the amendment’s meaning was plain. “We are placed upon an equal footing with all other men.” But the 15th Amendment did not actually resolve the question of who could vote or establish any actual right to vote. It merely prohibited states from excluding voters based on “race, color, or previous condition of servitude.” Its own language acknowledged that states could legitimately strip the vote away for other reasons
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proposed prohibitions on literacy, education, property, or religious tests died at the hands of northeastern and western Republicans who feared expanding the power of Irish and Chinese immigrants.
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Nor did the 15th Amendment protect voters against terrorism. As Smalls and other African-American Republicans gained seats in Congress, they and their white allies tried to defend black voting through a series of enforcement acts that permitted the federal government to regulate registration and punish local officials for discrimination. But the Supreme Court soon undercut those laws
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Using data painstakingly compiled by Philip Lampi, historians have discovered that somewhere between half and three-quarters of adult white males were eligible to vote before the Revolution; by 1812, almost the entire adult white male population could cast a ballot.
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Keeping African-American people away on election day was difficult, and potentially bad publicity, so white Democrats over the 1870s and 1880s passed registration laws and poll taxes, and shifted precinct locations to prevent black people from coming to the polls at all. In 1882, the South Carolina legislature required all voters to register again, making the registrar, as one African-American political leader said, “the emperor of suffrage.
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To disfranchise rural laborers, Alabama, Arkansas, Georgia, North Carolina, and other Southern states doubled residency requirements.
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By the 1880s, this so-called “kangaroo voting” seemed the solution to every political problem. Reformer Henry George and Knights of Labor leaders hoped the Australian ballot would free workingmen from intimidation, while reformers in Boston and New York hoped it might eliminate fraud and make it difficult for illiterate men to fill out ballots.
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Massachusetts leapt first in 1889, and by the 1892 election a majority of states had passed the bill. In Massachusetts, turnout dropped from 54.57 to 40.69 percent; in Vermont from 69.11 to 53.02. One statistical survey estimated that voter turnout dropped by an average of 8.2 percent. The Australian ballot’s “tendency is to gradual disfranchisement,” the New York Sun complained.
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by stripping political parties’ names from the ballot, the reform made it difficult for illiterate voters, still a sizable portion of the electorate in the late 19th century. But even more profoundly, the effort to eliminate “fraud” turned election day from a riotous festival to a snooze. Over time many people stayed home
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The 1888 election was almost a very different turning point for voting rights. As Republicans gained control of the House, Senate, and White House for the first time in a decade, they tried to bolster their party by establishing federal control of congressional elections so they could protect African-American voting rights in the south (and, Democrats charged, block immigrant voting in northern cities). The bill’s dual purposes were embodied in its manager, anti-immigrant, pro-black suffrage Massachusetts Congressman Henry Cabot Lodge. Although the bill passed the House, it died in a Senate filibuster. Democrats swept the House in the fall 1890 elections and soon repealed many of the remaining voting rights provisions.
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African-American registration in Mississippi soon fell from 190,000 to 9,000; overall voter participation dropped from 70 percent in the 1870s to 50 percent in the 1880s to 15 percent by the early 1900
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“We have disfranchised the African in the past by doubtful methods,” Alabama’s convention chairman said in 1901, “but in the future we’ll disfranchise them by law.”
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These laws and constitutional provisions devastated voting in the South. When Tennessee passed a secret ballot law in 1889, turnout fell immediately from 78 percent to 50 percent; Virginia’s overall turnout dropped by 50 percent. For African-American voters, of course, the impact was even more staggering. In Louisiana black registration fell from 130,000 to 1,342. By 1910 only four percent of black Georgia men were registered.
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Poll taxes, intimidation, fraud, and grandfather clauses all played their part, but the enduring tools of registration and the Australian ballot worked their grim magic, too, and made voters disappear.
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In the landmark case Shelby County v. Holder, Chief Justice John Roberts turned the disfranchisement of the 1890s into a racial and regional exception, one that had since been overwhelmed by the national tide of democracy. “Our country has changed,” Roberts wrote in the majority opinion.
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This is part of what political scientist Alexander Keyssar critically called the “progressive presumption” that there is an “inexorable march toward universal suffrage” interrupted only by anomalous, even un-American, regional and racial detours.
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But the tools that disfranchised Jackson Giles were not all Southern and not only directed at African-American men. When the United States conquered Puerto Rico and the Philippines, it imposed the Australian ballot there, too.
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in 1903, Supreme Court Justice Oliver Wendell Holmes, a Massachusetts native, denied Giles’ appeal on the grounds that the court could not intervene in political questions. If citizens like Giles suffered a “great political wrong,” Holmes intoned, they could only look for help from the same political system that had just disfranchised them
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The great writer Charles Chesnutt wrote that “In spite of the Fifteenth Amendment, colored men in the United States have no political rights which the States are bound to respect.” It was a “second Dred Scott decision,” white and black activists lamented.