Voter Suppression

TimeWatch Editorial
October 27, 2016

On October 26, 2016 at 8:19 PM EDT, Edvard Pettersson published an article on the Bloomberg.com website entitled “Democratic Party Takes GOP to Court Over Voter Intimidation.” He describes an action taken that day in the courts regarding methods being used by the GOP intended to influence the voting at the 2016 Presidential Election.


“The Democratic National Committee asked a judge to block the Republican Party from supporting efforts to discourage minorities from voting based on Donald Trump’s claims that the presidential election is “rigged.” In a preemptive strike against what it called a coordinated effort to intimidate voters, the Democratic Party’s governing body alleged Wednesday that the Republican National Committee is violating a court order in a case that started 35 years ago. The RNC is supporting Trump’s recruitment of so-called watchers at polling places, which is in breach of consent decrees going back to 1982 that forbid the group from engaging in ballot-security measures, according to a filing in federal court in Newark, New Jersey. The DNC said the watchers are really intended to deter registered voters from casting ballots.” Edvard Pettersson , “Democratic Party Takes GOP to Court Over Voter Intimidation”, Bloomberg.com, October 26, 2016

So what was the Consent Decree mentioned in the above paragraph by Edvard Pettersson? Ari Berman published an article on the Nation website on August 15, 2016 entitled “Donald Trump Is Encouraging Intimidation and Racial Profiling at the Polls,” in which he describes the 1982 Consent Decree.


“In 1981, during a New Jersey gubernatorial election, the Republican National Committee launched a “
Ballot Security Task Force ” that sent sample ballots to voters in predominantly African-American and Hispanic precincts. When 45,000 letters were returned as undeliverable, the RNC tried to remove the voters from the rolls and hired off-duty cops to patrol polling sites in black and Hispanic neighborhoods of Newark and Trenton. Police carried firearms at polling places and wore armbands reading “National Ballot Security Task Force,” while the RNC posted large signs saying, this area is being patrolled by the national ballot security task force. it is a crime to falsify a ballot or to violate election laws.” Ari Berman , “Donald Trump Is Encouraging Intimidation and Racial Profiling at the Polls,” the Nation website, August 15, 2016

After the election back then, the DNC challenged the GOP in court and won the case. Out of that victory came a Pennsylvania law which said the following.


“No police officer in commission, whether in uniform or in citizen’s clothes, shall be within one hundred feet of a polling place during the conduct of any primary or election, unless in the exercise of his privilege of voting, or for the purpose of serving warrants, or unless called upon to preserve the peace,” according to Pennsylvania Title 25, Section 3047. “In no event may any police officer unlawfully use or practice any intimidation, threats, force or violence nor, in any manner, unduly influence or overawe any elector or prevent him from voting or restrain his freedom of choice.”
Ari Berman , “Donald Trump Is Encouraging Intimidation and Racial Profiling at the Polls,” the Nation website, August 15, 2016

Nicolas Riley writing for Brennan Center for Justice at New York University School of Law in an article entitled Voter Challengers lists the number of states that have experienced this method of voter suppression. Arizona, Florida, Minnesota, Ohio, Texas, Virginia.


“This problem arises most often when poll-watchers seek to not only observe election activities but also to “challenge” individual voters attempting to cast their ballots. These challenges are usually based on allegations that a voter lacks the requisite citizenship or residency status for voting. While challengers are supposed to prevent ineligible voters from participating in elections, the practice is also susceptible to abuse since state laws often fail to prevent people from lodging frivolous or unfounded challenges. As a result, challenges can be used to hinder many legitimate voters’ access to the ballot box and cause confusion on Election Day. What’s more, allowing private citizens to single out certain voters and to contest their eligibility —particularly, at the polls — often contributes to a charged or partisan voting environment that can provoke fears of intimidation and suppression.”
Nicolas Riley, Voter Challengers

Where did this all begin? Quite a while back. It was obvious very early on that women and African Americans; former slaves might more than likely vote for Democrats, therefore the attempt to suppress the vote began immediately.


“Challenger laws were historically enacted and used to suppress newly enfranchised groups, like African Americans and women.
Many states originally enacted challenger laws to block minority voters’ access to the polls. Virginia, for instance, passed its first challenger law in the immediate wake of Reconstruction alongside a host of other suppressive measures, such as poll taxes and literacy tests, aimed at recently freed former slaves. Other states — like Florida, Ohio, and Minnesota — similarly passed challenger legislation during the nineteenth century to suppress turnout in black communities. Even in states where challenger laws were not enacted with an obvious discriminatory purpose, political operatives still often used challenges to discriminate against newly enfranchised groups of voters. For example, during a special election in Lisle, NY, in 1918 — the first election after women won the right to vote in the state — every woman who attempted to cast a ballot was challenged at the polls. This history of discriminatory voter challenges casts doubt on the fraud-prevention arguments traditionally used to justify these laws.” Ari Berman, “Donald Trump Is Encouraging Intimidation and Racial Profiling at the Polls,” the Nation website, August 15, 2016

When you therefore consider the voter suppression attempts at work in the 2016 election, along with the attempt to hack into the DNC voter files, along with a few other as yet unrevealed elements, it is not surprising that Mike Pence on the Megyn Kelly interview said:


"For many...in the media, the biggest surprise will come on November 8th when Donald Trump will be elected the 45th president of the United States," Pence said, "we're going to continue to [carry our] message forward that [we will] 'Make America Great Again'." "I like our chances," Pence said, when Kelly asked about recent polls that show Trump at an average deficit in many crucial states. "The only poll that counts is the one we're going to finish up [with] come Election Day. The pollsters and pundits are missing something in this election." The Kelly File, Pence: Media's 'Biggest Surprise' Will Come When 'Trump Will Be Elected', Fox News, October 25, 2016

One can only hope that there will be a reasonably honest result, regardless of who wins.

Cameron A. Bowen

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