Republicans said the ID law was necessary to stop voter fraud, blaming alleged improprieties at the polls in Milwaukee for narrow losses in the 2000 and 2004presidential elections. But when the measure was challenged in court, the state couldn’t present a single case of voter impersonation that the law would have stopped.
“It is absolutely clear that [the law] will prevent more legitimate votes from being cast than fraudulent votes,” Judge Lynn Adelman wrote in a 2014 decisionstriking down the law. Adelman’s ruling was overturned by a conservative appeals court panel, which called Wisconsin’s law “materially identical” to a voter ID law in Indiana upheld by the Supreme Court in 2008, even though Wisconsin’s law was much stricter. The panel said the state had “revised the procedures” to make it easier for voters to obtain a voter ID, which reduced “the likelihood of irreparable injury.” Many more rounds of legal challenges ensued, but the law was allowed to stand for the 2016 election.
After the election, registered voters in Milwaukee County and Madison’s Dane County were surveyed about why they didn’t cast a ballot. Eleven percent cited the voter ID law and said they didn’t have an acceptable ID; of those, more than half said the law was the “main reason” they didn’t vote. According to the study’s author, University of Wisconsin-Madison political scientist Kenneth Mayer, that finding implies that between 12,000 and 23,000 registered voters in Madison and Milwaukee—and as many as 45,000 statewide—were deterred from voting by the ID law. “We have hard evidence there were tens of thousands of people who were unable to vote because of the voter ID law,” he says.
Its impact was particularly acute in Milwaukee, where nearly two-thirds of the state’s African Americans live, 37 percent of them below the poverty line. Milwaukee is the most segregated city in the nation, divided between low-income black areas and middle-class white ones. It was known as the “Selma of the North” in the 1960s because of fierce clashes over desegregation. George Wallace once said that if he had to leave Alabama, “I’d want to live on the south side of Milwaukee.”
Neil Albrecht, Milwaukee’s election director, believes that the voter ID law and other changes passed by the Republican Legislature contributed significantly to lower turnout. Albrecht is 55 but seems younger, with bookish tortoise-frame glasses and salt-and-pepper stubble. (“I looked 12 until I became an election administrator,” he joked.) At his office in City Hall with views of the Milwaukee River, Albrecht showed me a color-coded map of the city’s districts, pointing out the ones where turnout had declined the most, including Anthony’s. Next to his desk was a poster that listed “Acceptable Forms of Photo ID.”
“I would estimate that 25 to 35 percent of the 41,000 decrease in voters, or somewhere between 10,000 and 15,000 voters, likely did not vote due to the photo ID requirement,” he said later. “It is very probable that between the photo ID law and the changes to voter registration, enough people were prevented from voting to have changed the outcome of the presidential election in Wisconsin.”
A post-election study by Priorities USA, a Democratic super-PAC that supported Clinton, found that in 2016, turnout decreased by 1.7 percent in the three states that adopted stricter voter ID laws but increased by 1.3 percent in states where ID laws did not change. Wisconsin’s turnout dropped 3.3 percent. If Wisconsin had seen the same turnout increase as states whose laws stayed the same, “we estimate that over 200,000 more voters would have voted in Wisconsin in 2016,” the study said. These “lost voters”—those who voted in 2012 and 2014 but not 2016—”skewed more African American and more Democrat” than the overall voting population. Some academics criticized the study’s methodology, but its conclusions were consistent with a report from the Government Accountability Office, which found that strict voter ID laws in Kansas and Tennessee had decreased turnout by roughly 2 to 3 percent, with the largest drops among black, young, and new voters.
According to a comprehensive study by MIT political scientist Charles Stewart, an estimated 16 million people—12 percent of all voters—encountered at least one problem voting in 2016. There were more than 1 million lost votes, Stewart estimates, because people ran into things like ID laws, long lines at the polls, and difficulty registering. Trump won the election by a total of 78,000 votes in Michigan, Pennsylvania, and Wisconsin.
There's little doubt anymore that Trump's electoral college victory happened because Republicans stacked the deck at the state level to make it more difficult for black voters. 2016 was the first election where these laws were in effect in a number of states like Wisconsin, and they achieved their goal: to disenfranchise more than a million voters, primarily Democratic voters.
It worked. It will work again in 2018 and 2020 unless Democrats get people out to the polls and fight these laws now.
So far, they are doing nothing.
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