Intersection. Voting Fights

• Author: Liane Jackson
• Pages: 10-11

edited by

LIANE JACKSON

liane.jackson@americanbar.org

Inter Alia

Intersection is a col-

umn that explores

issues of race, gen-

der and law across

America’s criminal

and social justice

landscape.

As the Democratic primaries

wind down and the general

election approaches, Amer-

ica faces an unprecedented

test of its electoral system. Dogged

by the threat of Russian interference ,

plagued by allegations of voter sup-

pression and shadowed by the specter

of a deadly pandemic, the November

election promises a perfect storm of

controversy, con ict and lawsuits.

Election-related litigation is nothing

new. But in recent years, voting rights

advocates have been  ling lawsuits in

earnest as quickly as states erect imped-

iments. These efforts have had mixed

results, with battles won on one front

and ground lost on others . In many

ways, voter suppression is like  ghting

malware—as soon as one threat is  xed,

a novel one is created to attack.

Same song, dif‌f erent tune

Blocking the right to vote is as Amer-

ican as apple pie. The U.S. has a long

and notorious history of disenfranchise-

ment—primarily targeting people of

color, the young, senior citizens and the

poor. While there are no poll taxes or

literacy tests at election sites today, vot-

er suppression tactics have nonetheless

proliferated, with some of the same old

tricks ginned up with modern twists.

Restrictions on voting rights include

reducing polling locations—primarily in

minority neighborhoods and on college

campuses ; crippling Voting Rights Act

oversight ; creating oppressive voter

ID laws ; hampering voting access on

Native American reservations ;

enforcing  nes and fees on

reenfranchised ex-felons ; and

purging voter rolls . Although

lawyers are challenging sup-

pression efforts in courts across

the country, they face a losing

battle if judges don’t uphold

citizens’ rights.

Over the years, court  ghts

over ballot access have become

a bitter partisan cage matches. Political

parties recognize that winning or losing

usually depends on who controls local

election rules, which in turn hinges on

control of state legislatures and gerry-

mandering in a continuous power loop.

Mailing it in

In addition to the myriad problems

already plaguing state election infra-

structures, the coronavirus poses an

existential threat. Look no further than

Wisconsin’s April election, where the

combination of a pandemic, a Demo-

cratic presidential primary and a hotly

contested state supreme court seat

caused a frenzy of litigation and 11th-

hour chaos.

Across Wisconsin, the threat

of contagion resulted in a pau-

city of poll workers and polling

places. Con icting directives on

absentee voting meant many

residents didn’t request mail-in

ballots far enough in advance.

At the last minute, Gov. Tony

Evers issued an executive order

changing the election date to

protect the health of Wisconsin

citizens. For Republicans, changing

the election date, which might bene t

Democratic turnout, was a nonstarter.

Instead, the Republican Party of Wis-

consin sued to force the country’s most

dangerous election to go forward.

Blocking

the right

to vote is

as American

as apple pie.

INTERSECTION

Voting

Fights

Ballot box battles are more

high-stakes than ever

BY LIANE JACKSON

A polling of‌f‌i cial instructs voters waiting in

line in one of the few polling places open on

April 7 in Milwaukee after most were con-

solidated due to a shortage of poll workers

fearful of contracting COVID-19.

Photos by Callie Lipkin/ABA Journal; Scott Olson/Getty Images

ABA JOURNAL | JUNE–JULY 2020

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ABAJ J E-J Y E A A AM