A Fraudulent Commission
by John Lawrence
There are a lot of problems with how elections take place in the United States, not the least being the perverse outcomes that sometimes occur. Fraudulent voting isn’t one of them.
For purely strategic reasons, Donald Trump spent a considerable amount of time last fall excoriating the failures and corruptibility of the voting process and warned that the election outcome would be “rigged.” Although his allegations ceased when he improbably emerged as the winner, his emphasis on rooting out so-called “voter fraud” has now been elevated to official status with the appointment of the Orwellian-sounding Presidential Advisory Commission on Election Integrity. That such a panel could be appointed by President Donald Trump rates very high in the pantheon of bad political jokes.
First of all, there is no consequential “voter fraud,” and certainly none that is altering the outcome of elections. There is something fascinating about Trump’s willingness to embrace allegations that have been so thoroughly discredited while at the same time he and key members of his administration refuse to accept peer-reviewed scientific studies establishing humans’ contributions to climate change. One might almost conclude that facts do not matter to the most powerful person in the world, which would be, of course, a chilling thought.
Serious researchers have examined the allegations of so-called voter fraud in recent years and have concluded such arguments are little more than hyperbolic fairy tales employed to disenfranchise voters. In 2014, Justin Levitt of Loyola Law School in Los Angeles examined every case of voter impersonation fraud going back to 2000 (a memorable year for dubious vote counting procedures). Levitt did find cases of irregularities in over a billion votes cast in federal, state and local elections. He found 31.
Zoltan L. Hajnal, a political scientist at the University of California (San Diego) examined the voter identification laws that have proliferated in many states – especially in the South – coincidental with the expanding minority electorate and concluded that such restrictive policies “double or triple the gap in turnout between whites and nonwhites.” Indeed, 14% of Americans lack the government-issued photo ID cards required for voting in many areas, and a significantly higher number of minorities lack such credentials.
The barriers to voting are created not only by voter ID requirements. As documented in the study “Democracy Diminished,” produced by the N.A.A.C.P. Legal Defense and Educational Fund, there are numerous cases of local officials closing voting locations in minority communities, locating polls in buildings that share law enforcement offices (which can be intimidating to certain populations), and purging voter lists with disproportionate impact on Hispanic surnames. Despite the highly consequential outcomes of these insidious actions, many of which occurred in states once impacted by the suspended provisions of the 1965 Voting Rights Act, neither Judiciary Committee chairman — Bob Goodlatte in the House or Chuck Grassley in the Senate – have deigned to hold hearings on the issue.
Trump has decided, however, to move aggressively to get to the bottom of this non-existent problem, naming an Advisory Commission on Election Integrity and appointing as a member Hans von Spakovsky – a chief proponent of “the voter-fraud myth,” according to The New Yorker. Von Spakovsky, a senior fellow at the conservative Heritage Foundation, has “been accused of masterminding widespread efforts to suppress voting by marginalized populations, particularly African Americans and immigrants,” reports the Washington Post. Von Spakowsky has reportedly devoted his career to fabricating such obstacles, opposing renewal of the Voting Rights Act, trying to block the League of Women Voters from disseminating voter information materials, and challenging the distribution of voter materials in Spanish.
It should come as no surprise that a President who named a climate denier as head of the Environmental Protection Agency would appoint a vote suppression activist to serve on a commission charged with investigating voting fraud. Nor should anyone be shocked that half of the states are refusing a request from the commission to provide some or all of the voting registration data, including names, addresses, party affiliation and voting histories, to this panel. “What are they trying to hide?” Trump tweeted on July 1st, apparently clueless that many state laws prohibit the sharing of such information with anyone, including Trump’s voter suppression commission. Indeed, even the chairman of the Commission, Kansas Secretary of State Kris Kobach, is evidently barred by his own state’s law from turning over data — to himself.
The emerging confrontation between Trump and state officials over access to election data is yet one more example of serious policy discussions being reduced to farce and cynicism. An administration official solemnly assures that the commission requires the information because its “goal is to protect and preserve the principle of one person, one vote.” No, it isn’t. The goal here is to enshrine “voter fraud” and “rigged elections” in the way some embrace creationism as “science.” The objective is pretty clear: creating even more effective ways to obstruct millions of Americans from casting their ballots. Only a fool would provide these treacherous suppression activists with the raw material they require for further disenfranchisement.
If Trump and his acolytes are sincere in wanting to address the problems with voting, they would be aggressively supporting efforts to expand participation by promoting absentee voting, early voting, and an end to discriminatory requirements and polling operations that complicate exercise of the right to vote. Such initiatives would encourage voter turnout among the 40% to 50% who don’t even bother to cast a ballot. If the Commission, or Trump, wants to devote themselves to revitalizing our democracy, start there.