Let Me Count The Ways…

There are all sorts of tactics that have been employed over the years to suppress the votes of “the other guys.” Recently, those efforts have mostly come from the GOP, but historically, both parties have engaged in them–just as both parties do (and continue to) gerrymander when they control a state legislative chamber.

I’ve recently noted that the efforts to cast doubt on voting by mail are partly motivated by the fact that vote-by-mail defeats many of the time-honored ways to suppress minority votes–and provides a paper trail.

One of the least commented methods of suppressing minority votes–and one of the most effective–is felon disenfranchisement. It is widespread–a number of states forbid ex-offenders from casting ballots–and superficially, at least, it’s race-neutral. For citizens unaware of the over-incarceration of African-Americans during America’s drug war (laid out in indisputable terms by Michelle Alexander in The New Jim Crow), felon disenfranchisement is simply a lingering, perhaps overly-harsh “law and order” punishment of those who have broken the law.

Two recent court decisions–one honorable, one definitely not–make the implicit, explicit.

In North Carolina, a court struck down an effort to keep ex-offenders from casting ballots, holding that the state could not disenfranchise citizens who owe fines, fees, and other debts from a felony conviction. As the linked article about the ruling noted,

Many felon disenfranchisement rules, including North Carolina’s, are rooted in overt white supremacy. After Reconstruction, racist Democrats in the state sought to revoke Black citizens’ suffrage. They accomplished this task, in part, through vague criminal laws that stripped convicted felons of their civil rights—then enforced these laws disproportionately against Black people. North Carolina’s current statute is rooted in an 1877 law spearheaded by a representative who later presided over the lynching of three Black men. At the time, Democrats argued that felon disenfranchisement was necessary to stop “the honest vote of a white man” from being “off-set by the vote of some negro.” Its purpose, alongside other Jim Crow measures like the literacy test, was to “secure white supremacy.”

The law continues to work as intended, as documented in an expert report by University of North Carolina professor Frank R. Baumgartner. Today, Black North Carolinians represent 22 percent of adults and 42 percent of the disenfranchised. Black residents are denied the right to vote at three times the rate of white residents in 44 counties. The state’s disenfranchisement regime targets two groups of people: those on probation or parole, and those who’ve completed their full sentence but still owe court debt. Notably, judges may extend an individual’s probation or send them back to prison because they haven’t paid off these fines and fees.

Meanwhile, in Florida, immediately after a majority of citizens voted to overturn that state’s felony disenfranchisement law, Republican legislators passed a measure that limited that disenfranchisement to those who had managed to pay off all court costs. A federal judge ruled that the restriction was an unconstitutional poll tax. But last Friday, an appeals court narrowly overturned that decision.

The court’s 6-4 ruling dealt a significant blow to civil rights groups that have fought to expand the voter rolls with hundreds of thousands of people who had completed prison time and parole for felony convictions. It also undermined what had seemed like a major referendum victory in 2018 and served as another reminder of the decisive role that a slew of legal cases could play before the presidential election.

There are lessons here, for those of us willing to learn them.

First, racial animus dies hard, and it lurks in places we seldom think to look. Second, the competence and integrity of the men and women who occupy the nation’s bench–who act as custodians of the Constitution and defenders of the Rule of Law–is critically important.

And third, the future of both that bench and this nation depends upon massive turnout for “blue no matter who” on (or preferably before) November 3d.

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Florida, Felons And The Franchise

According to The Guardian, voter disenfranchisement is an American tradition.

It’s hard to dispute that charge when we find ourselves in the middle of vicious–and very public– attempts to suppress the upcoming vote: an assault on both vote-by-mail and the Post Office that would deliver absentee ballots, enthusiastic and none-too-careful “purges” of state voter rolls, and of course the continued insistence that “Voter ID” documentation is needed to prevent (virtually non-existent) in-person voter fraud.

But it’s hard to beat the obscene shenanigans of the Florida GOP, which has used every mechanism in its power to defeat the expressed will of citizens who voted to return the franchise to formerly incarcerated citizens. The Guardian provided background:

Civil death is a form of punishment that extinguishes someone’s civil rights. It’s a concept that has been reshaped and reinterpreted over many generations, persisting in the form of felony disenfranchisement, through which a citizen loses their right to vote due to a felony conviction.

There are an estimated 6 million Americans who cannot vote in the country’s elections because of some form of civil death. Depending on the state they live in, they might even lose their right to vote permanently, or for years after they are released from prison. While the US has come to see this form of civil death as status quo, it is actually rare for a democratic country to take away a citizen’s voting rights after they leave prison, let alone forever. Countries like Germany and Denmark allow prisoners to vote while incarcerated, while others restore their rights immediately after release.

The US’s history of restricting the number of people who can vote in elections goes back to the colonies – and it’s a history that has disproportionately affected black people.

Why am I not surprised that this policy–like American social welfare policies–is rooted in racism?

The Guardian article proceeds to lay out the history of felon disenfranchisement, going all the way back to ancient Athens, Rome and medieval Europe and then through history, up to and including the Supreme Court’s refusal to find that either the Civil Rights Act or the 14th Amendment to the Constitution forbid the practice. The history also laid out the way in which the drug war–which Michelle Alexander showed decisively was a new form of Jim Crow–was cited to justify the disenfranchisement of formerly incarcerated individuals  who “just coincidentally” were overwhelmingly African-American.

In 2018, Florida voters passed “Amendment 4”, a measure that would restore the franchise to up to 1.4 million ex-felons. That ballot initiative, the Guardian noted, was one of the most significant voting rights victories for this population in decades.

So what happened?

Republican legislators passed a new law requiring ex-felons to pay court fines and fees in order to regain the right to vote. Critics of the law have called this payment requirement a modern-day poll tax. In July of 2020 the supreme court ruled in favor of the legislature, making it difficult for hundreds of thousands of Floridians to vote in the upcoming election.

As NPR reported last month,

The U.S. Supreme Court has left in place a lower court order that likely will prevent hundreds of thousands of felons in Florida from voting in the November election. It is the fourth time that the court has refused to intervene to protect voting rights this year.

In the wake of the George Floyd murder, white Americans have begun (belatedly) to recognize how many of our policies are motivated by racial animus–and how many of those policies end up hurting everyone, not just their intended victims.

When it comes to voting rights, the GOP’s sustained effort to depress the votes of urban dwellers, people of color and poor people is both an admission and an attack: an admission that the party cannot win “fair and square,” and an attack on the majority rule that is the essence of a democratic system.

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Privatization, Florida And Betsy DeVos

Monday was a big day for collusion watchers, and I am becoming more optimistic that this unhinged and unfit child-President won’t serve out his term. That said, the throwbacks, theocrats and corrupt wheeler-dealers who populate the Trump Administration are doing incalculable harm every day.

I know there’s a robust competition for Worst Cabinet Member Ever, but even though Scott Pruitt is a strong contender, I really have to cast my vote for Betsy DeVos. (Apparently, mine isn’t the only such vote; I read somewhere that more people know who she is than any current or previous cabinet secretary, and that her disapproval numbers are off the charts.)

Every day, it seems there’s a new assault on sanity coming from DeVos. I’m particularly enraged (and that’s not too strong a word) by her actions favoring for-profit rip-off colleges, but even her willingness to wink at the private-sector “entrepreneurs” making millions by cheating both government and aspiring students pales in comparison to her pro-voucher fixation.

Recently, the Orlando-Sentinal began an investigative series on Florida’s experience with school privatization; anyone who knows anything about DeVos knows that replacing public schools with private ones, preferably Christian, is her most cherished goal.

As Daily Kos described the report,

Writers Leslie Postal, Beth Kassab, and Annie Martin have put together the first part of what promises to be an infuriating look into the swamp of privatization in Florida’s education system. According to the investigation, private schools in Florida have received $1 billion dollars in scholarship money, while not having to promise much of anything—including hiring teachers with college degrees. And that’s just the tip of the rapidly-melting iceberg.

A few of the hair-raising findings:

The limited oversight of Florida’s scholarship programs allowed a principal under investigation for molesting a student at his Brevard County school to open another school under a new name and still receive the money, an Orlando Sentinel investigation found.

Another Central Florida school received millions of dollars in scholarships, sometimes called school vouchers, for nearly a decade even though it repeatedly violated program rules, including hiring staff with criminal convictions.

One Orlando school, which received $500,000 from the public programs last year, has a 24-year-old principal still studying at a community college.

Upset parents sometimes complain to the state, assuming it has some say over academic quality at these private schools. It does not. “They can conduct their schools in the manner they believe to be appropriate,” reads a typical response from the Florida Department of Education to a parent.

It seems that the Florida program doesn’t require private schools accepting vouchers to comply with those silly standards that public schools are expected to meet, including building codes. They need not show evidence that staff members have been trained to do the tasks the schools claim they can perform. They don’t even have to do background checks– although state law does require schools to do criminal background checks, the law doesn’t require the state to check to confirm that they were actually done.

In recent years, while investigating other problems, the education department caught at least eight schools with staff members who had criminal records. One Osceola school was forced to fire its P.E. teacher and coach when the state discovered his record. But the man now works about a mile away, at another private school that takes scholarship students.

Despite these problems, Florida is one of the states that DeVos is bragging about as she tries to destroy education as we know it. A significant percentage of Florida’s voucher schools must be religious, since DeVos has demonstrated an inability to distinguish between education and fundamentalist Christian indoctrination.

Actually, she has demonstrated an inability to do the job. Repeatedly.

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Reality Doesn’t Care Whether You Believe It (Part I)

La La Land isn’t just the title of a movie. Increasingly, it’s where our government officials live.

The Trump administration is debating whether to launch a governmentwide effort to question the science of climate change, an effort that critics say is an attempt to undermine the long-established consensus human activity is fueling the Earth’s rising temperatures.

This effort is being pushed by Scott Pruitt, the truly dangerous Secretary of the EPA, but other administration troglodytes are also involved.

Energy Secretary Rick Perry, who once described the science behind human-caused climate change as a “contrived phony mess,” also is involved in the effort, two officials said.

At a White House briefing this week, Perry said, “The people who say the science is settled, it’s done — if you don’t believe that you’re a skeptic, a Luddite. I don’t buy that. I don’t think there is — I mean, this is America. Have a conversation. Let’s come out of the shadows of hiding behind your political statements and let’s talk about it. What’s wrong with that? And I’m full well — I can be convinced, but let’s talk about it.”…

Other agencies could include the Commerce Department’s National Oceanic and Atmospheric Administration, the White House’s Office of Science and Technology Policy and NASA, according to the official, all of which conduct climate research in some capacity.

And then there’s Florida. As CNN reports,

A new Florida law would let anyone in the state challenge, and possibly change, what kids are learning in school.

Any Florida resident can raise concerns about teaching material they find unfit for public school classrooms, according to legislation that went into effect Saturday. The bill was introduced in February by Rep. Byron Donalds, R-Naples, and was signed into law last week after passing with bipartisan support…

Supporters of the law have disputed material presenting global warming and evolution as “reality.” Others found certain reading material to be “pornographic.” And for some, US and world history textbooks seem biased and anti-American.

Impetus for the measure came from a conservative group called “The Florida Citizens’ Alliance.”  That organization  gathered testimony from “at least 25 people” (!) in favor of the legislation, and their reasoning (I use the term loosely) was predictable.

One woman took issue with evolution being taught as a “fact,” arguing that the “vast majority of Americans believe that the world and the beings living on it were created by God as revealed in the Bible.” Another person complained that history classes were making students “subservient” by teaching them about the president’s ability to issue executive orders.

Shades of Trump’s go-to response when his “facts” are challenged:  “a lot of people agree with me.” A lot of people still believe the earth is flat and that aliens landed and are buried in Roswell, New Mexico.

What’s that great Neil DeGrasse Tyson quote? Reality doesn’t care whether you believe it or not…
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Rick Scott: All-Republican

I know that in sports, some players are “All Americans.” In Florida, Governor Rick Scott might be considered “All Republican.” He follows the script of today’s GOP (a party that bears little resemblance to the GOP I once knew and supported), but without the finesse that allows other Republican lawmakers to at least pretend they care about their constituents, and that their policies, however damaging, are based on good intentions.

Scott has been everything you’d expect from a sleaze who–before turning to electoral politics–admitt to 14 counts of Medicare fraud and paid the federal government more than $600 million dollars in fines.

A couple of days ago, the Tampa Bay Times issued a blistering critique of Scott, calling him the worst governor in Florida’s history. Titled “If He Only Had a Heart,” it’s well worth reading in its entirety, but I’ll just share the summary:

In Scott’s Florida, it is harder for citizens to vote and for the jobless to collect unemployment. It is easier for renters to be evicted and for borrowers to be charged high interest rates on short-term loans. It is harder for patients to win claims against doctors who hurt them and for consumers to get fair treatment from car dealers who deceive them. It is easier for businesses to avoid paying taxes, building roads and repairing environmental damage.

Scott may lack their talent to project a “kinder, gentler” facade, but there is an entire cohort of Republican governors operating from the same playbook.

Most, like Indiana’s governor, are much smoother, but the agenda is same.

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