Report on Voter Suppression in the Elections of November 2012

Updated 03.07.13

Foreword
On February 27, 2013, the Supreme Court heard oral arguments in the case of Shelby County v. Eric Holder. Though the case centers around the question of Constitutional overreach in the Voting Rights Act, it carries with it the ancilliarly debate over whether or not voting conditions in our country allow all voters equal opportunity to participate in free and fair elections. Established in 1965, the Voting Rights Act takes our country back to a time when our elections were not always free or fair. Voter suppression was a very real part of our countrys history, particularly for women and minority communities. Since then, the United States has made huge strides in correcting inequities of the past. Today, any registered, eligible voter has the right to participate in elections and to cast their vote for whomever they choose. Even still, if elections are not truly fair, we are not truly free. Voter suppression, be it legitimate or falsely claimed, threatens freedom - devolving American voters into a cast of victims and oppressors, wedging apart communities, and undermining the advancements in equality that strengthen and stabilize our democratic republic. Though the term voter suppression no longer has meaning in the same context it did during the turbulent civil rights battles of the 1960s, the accusation of voter suppression still carries with it a visceral sting that inames all that our nation has worked so hard to correct and heal. Voter suppression is a serious charge that deserves serious attention. It was very concerning to see that, even before Election Day, print and television news outlets began ling scores of stories alleging voter suppression; long lines, election worker malfeasance, and general confusion at early voting centers across the country. 1 With a strong belief that any incident of voter suppression is unacceptable, True the Vote launched an investigation to nd out whether or not voter suppression took place in the 2012 elections and if so, where, how, and by whom. Given the extensive media coverage, it was expected that through our investigation we would receive and review volumes of complaints submitted to local election ofcials. What we found was just the opposite. This report contains those ndings.

Note: Our original report, released on February 27, 2013, included a supplementary section that contained inaccurate methodology. The supplementary section had no impact on our data or resulting conclusions regarding Voter Suppression. It should have not been included in the report and has since been removed.
1

Will Election Day be a perfect storm? Four nightmare scenarios for what could go wrong, NBC Nightly News (11/4/12)

Researching Voter Suppression

True the Vote led open records requests in 75 of the most populous counties across Ohio, Colorado, Florida, Nevada, North Carolina and Maryland. We requested any and all reports of voter suppression during the 2012 General Election cycle. These six states were chosen based on the following criteria: Political battleground states with high levels of investment from partisan interests; States with substantial, emergent minority communities; States and counties that received national media attention regarding long lines and/or confusion during early voting.

What Did We Find?

Across 75 counties in 6 states only one case of voter suppression was reported. The Reality Ohio Secretary of State Jon Husted made national headlines in a series of controversial directives that drew mixed reactions from nearly all interested parties.2 On June 12, 2012 Husted announced that he would mail absentee ballot applications to all registered voters in Ohio.3 In August, Husted issued a directive stating that all 88 county boards of elections had to follow uniform early voting hours of operation as prescribed by the state. The Obama re-election campaign immediately took the issue to court, arguing the directive curtailed opportunities to vote shortly before Election Day. The directive was later reversed in mid-October.4 Finally, Husted issued a rule change on November 2nd that allowed poll workers to discard incomplete provisional applications.5 According to mainstream and progressive media outlets, Husteds efforts were fully expected to negatively impact urban community voters. However, not a single report of voter suppression was received from Cuyahoga, Hamilton, Franklin, or fteen other county boards of elections surveyed (see Addendum for detailed report).

2 3 4

Ohio Secretary of State Jon Husted Calls for Uniform Early Voting Hours, Cleveland Plain Dealer (8/15/12) Ohio Secretary of State Jon Husted Eases Restrictions on Absentee Voting, Cleveland Plain Dealer (7/12/12)

U.S. Supreme Court Denies Ohio Early Voting Appeal; Hours Set for Weekend Before Election, Cleveland Plain Dealer (10/16/12)
5

Provisional Ballot Directive Spurs Court Action in Ohio, Pittsburgh Post-Gazette (11/4/12)

Colorado. Section 8 of the National Voter Registration Act (NVRA or Motor Voter) of 1993 requires that local ofcials establish reasonable efforts to maintain rolls of eligibility. Under the law, when dead or non-citizen voters are positively identied as registered, election ofcials have a duty to remove them. Secretary of State Scott Gesslers ofce in August began investigations into 3,903 potential noncitizens registered across the state subjecting suspected illegal registrants to a verication process that could eventually remove them from the rolls.6 Yet again, after public allegations of intentional voter disenfranchisement and suppression, the data shows otherwise. Arapahoe, Denver, Jefferson and Weld Counties reported zero complaints of voter suppression.

Florida. Like Colorado, Florida endeavored to remove non-citizens from its voter rolls and was subsequently sued by the Department of Justice. True the Vote later led a Motion to Intervene on behalf of Floridas defense.7 The state also attracted public criticism and legal challenges after shortening the early voting period from fourteen days to eight. The law was challenged and later upheld in federal court.8 Long lines of voters and polling place wait times were repeatedly reported in the media including public chastisement from President Obama in two national speeches. Yet the empirical data provided by Florida counties clearly showed that the states lawful maintenance of voter rolls, early voting changes, nor photo ID requirements, resulted in any reports of voter suppression. While some voters did complain of long lines (an estimated 201,000 potential voters were alledgedly deterred from casting a ballot9 due to long waits at the polls; during the early voting period average wait time was 50 minutes10 ) only three incidents of voter suppression were noted in the reports received by True the Vote. All three were from Miami-Dade County; all three were ruled unjustied by election ofcials.11

Nevada. True the Vote studied the two largest counties in Nevada due to the states swing status and relatively close election results. No voter suppression reports were returned from either Clark or Washoe Counties.

6 7

Voter Purging Resurfaces in Colorado, ABC News | Univision (10/24/12)

True the Vote and Judicial Watch to Defend Floridas Efforts to Clean Voter Registration Lists in Obama Administration Lawsuit, True the Vote Press Release (online: http://www.truethevote.org/news/breaking-news-in-florida)
8 9

Florida early voting cuts survive, The Washington Post (9/24/12) Analysis: 201,000 in Florida Didnt Vote Because of Long Lines, Orlando Sentinel (1/29/13) New Data on Lines at the Polls, Pew Research (12/10/12)

10 11

Voter Suppression-Fraud Emails pages 8, 26-27, 53-54, Miami-Dade Supervisor of Elections (online: http://www.scribd.com/ doc/125512724/11-06-12-General-Voter-Suppression-Fraud-Emails)

North Carolina. True the Vote examined North Carolina records due to its swing state status and changing demographics. No voter suppression reports were received from any of North Carolinas twelve most populated counties.

Maryland. True the Vote selected Maryland for further research based on shifting demographics in the District of Columbia suburbs. Fourteen counties were queried. Prince Georges County returned one report of voter suppression, then subsequently provided an amended report dimissing the initial ling. The lone complaint offers a clear example of the line election administrators must walk to meet the demands of voters. During the states early election period, a Board of Elections ofcial distributed written materials stating all early voting locations and hours of operation to voters waiting to cast their ballot. One individual in receipt of these materials felt this action was an attempt to dissuade others from voting that day. The voter shared concerns with a local attorney and notice was given to the Prince Georges County Board of Elections. The Board later defended its ofcials intentions, but assured these actions would not be taken in the future.

About True the Vote

True the Vote is a nonpartisan, nonprot organization focused on preserving the integrity of our electoral process by training and supporting citizens and organizations to actively protect the rights of legitimate voters, regardless of their political party afliation. For more information, please visit www.truethevote.org

Addendum
2012 Voter Suppression Reports - Ohio County BUTLER DELAWARE HANCOCK MONTGOMERY HENRY OTTAWA WOOD AUGLAIZE HAMILTON WARREN STARK JEFFERSON LOGAN CUYAHOGA CLERMONT GREENE MIAMI FRANKLIN Incidents None None None None None None None None None None None None None None None None None None* Date Recd/ Attempts
1/17/2013 1/17/2013 1/22/2013 1/24/2013 1/17/2013 1/17/2013 1/22/2013 1/17/2013 2/4/2013 2/4/2013 2/4/2013 2/4/2013 2/4/2013 2/4/2013 2/5/2013 2/5/2013 1/18/2013 11/15/12 and 2/4/13

Contact
Lynn Edward Kinkaid Traci Shalosky Jody O'Brien Betty Smith Sandy Kurtz Carol Ann Hill Terry L. Burton Carolyn Campbell Amy Searcy Kimberlie J. Antrican Travis Secrest Diane Gribble Diana Gamble Linda Steimle Judy Miller Nancy Johannes "Pam" elections55@co.miami.oh.us Lynn Edward Kinkaid

2012 Voter Suppression Reports - Colorado County

Arapahoe Denver Jefferson Weld

Incidents None None None None

Date Recd/ Attempts*

1/25/2013 1/23/2013 1/24/2013 1/18/2013

Contact
Mary Whitley Jan Kuhnen David Wunderlich Brad Yatabe

2012 Voter Suppression Reports - Nevada County

Clark Washoe

Incidents None None*

Date Recd/ Attempts*

1/29/2013 11/27/12 and 1/29/2013

Contact
Larry Lomax

2012 Voter Suppression Reports - Florida County

Miami-Dade Collier Hernando Hillsborough Indian River Lake Manatee Okaloosa Orange Osceola Pasco Polk Sarasota Volusia Seminole Marion St. Johns St. Lucie Broward Escambia Charlotte Pinellas Brevard Palm Beach Duval Lee

Incidents
3 Dismissed None None None None None None None None None None None None None None None None None None None None None None None None* None*

Date Recd/ Attempts*

2/14/2013 1/25/2013 1/25/2013 1/28/2013 1/24/2013 1/24/2013 1/24/2013 1/24/2013 1/24/2013 1/24/2013 1/28/2013 1/25/2013 1/24/2013 1/25/2013 1/31/2013 2/1/2013 2/1/2013 1/31/2013 1/29/2013 2/6/2013 2/6/2013 2/6/2013 2/7/2013 12/18/2013 1/24/13 and 2/6/13 1/24/13 and 2/6/13

Contact
Carolina D. Lopez Timothy C. Durham Shirley Anderson Peg Reese Leslie Rossway Swan Emogene W. Stegall Sharon Stief Paul Lux Fred Altensee Amber L. Smith Brian E. Corley Lori Edwards Barbara Bain Ann McFall Michael Ertel Wesley Wilcox Wayne Fusco Michael Ertel Brenda C. Snipes Wilma Davio Lou Spacco Nancy Whitlock Melissa Renninger Susan Bucher Carolina D. Lopez Timothy C. Durham

2012 Voter Suppression Reports North Carolina County

Cabarrus Cumberland Halifax Orange Durham Edgecombe Wake Buncombe Forsyth Guilford Mecklenburg New Hanover

Incidents
None None None None None None None* None* None* None None* None*

Date Recd/ Attempts*

1/30/2013 1/28/2013 2/4/2013 1/29/2013 2/4/2013 1/28/2013 (Phone) 11/29/12 and 1/24/13 11/29/12 and 1/24/13 11/29/12 and 1/24/13 11/29/12 and 1/24/13 11/29/12 and 1/24/13 11/29/12 and 1/24/13

Contact
Linda Grist Terri Robertson Kristin Scott Tracy Reams Michael E. Perry Jerry Spruell

2012 Voter Suppression Reports - Maryland County

Prince George's Allegany Anne Arundel Baltimore City Caroline Charles Garrett Kent Montgomery St. Mary's Somerset Washington Calvert Howard

Incidents
None None None None None None None None None None None None None None*

Date Recd/ Attempts*

2/7/2013 2/1/2013 2/6/2013 2/7/2013 2/11/2013 2/14/2013 2/7/2013 2/11/2013 2/5/2013 1/30/2013 2/6/2013 2/14/2013 2/21/2013 1/28/2013

Contact
Alisha L. Alexander Daine Loibel Joseph A. Torre III Armstead B. Crawley Jones, Sr. Sandra M. Logan Tracy A. Dickerson Steve Fratz Cheemoandia Blake Kevin Karpinski Chris Quade Joanna W. Emely Kaye Robucci Gail L. Hatfield