Maryland In the
Maryland gubernatorial election in 2010, the campaign of Republican candidate
Bob Ehrlich hired a consultant who advised that "the first and most desired outcome is voter suppression", in the form of having "African-American voters stay home." To that end, the Republicans placed thousands of Election Day
robocalls to Democratic voters, telling them that the Democratic candidate,
Martin O'Malley, had won, although in fact the polls were still open for some two more hours. The Republicans' call, worded to seem as if it came from Democrats, told the voters, "Relax. Everything's fine. The only thing left is to watch it on TV tonight." The Democratic candidate won by a margin of more than 10 percent. In 2015, Maryland's Montgomery County, Republicans planned to move two early-voting sites from densely populated Bethesda and Burtonsville to more sparsely populated areas in Brookeville and Potomac. They claimed to be aiming for more "geographic diversity"; Democrats accused them of trying to suppress the vote. The Burtonsville site had the most minority voters of all the early-voting sites in the county, while the proposed new locations were in more Republican-friendly areas with fewer minority residents. The Republican election board chairman admitted at a County Council committee that he and two GOP colleagues held a conference call with the chairman of Montgomery's Republican Party Central Committee. They said the call, from which Democrats were excluded, was legal. Democrats called it a violation of Maryland's Open Meetings Act. Todd Eberly, a political science professor from Saint Mary's College, called the claim by the Republicans, "a stupid defense."
Kansas In early 2016, a state judge struck down a law requiring voters to show proof of citizenship in cases where the voter had used a national voter registration form. In May, a federal judge ordered the state of Kansas to begin registering approximately 18,000 voters whose registrations had been delayed because they had not shown proof of citizenship. Kansas secretary of state
Kris Kobach ordered that the voters be registered, but not for state and local elections. In July, a county judge struck down Kobach's order. Kobach has been repeatedly sued by the
American Civil Liberties Union (ACLU) for allegedly trying to restrict voting rights in Kansas. In July 2016, a three-judge panel of the
Fourth Circuit Court of Appeals reversed a trial court decision in a number of consolidated actions and struck down the law's photo ID requirement, finding that the new voting provisions targeted African Americans "with almost surgical precision," and that the legislators had acted with clear "discriminatory intent" in enacting strict election rules, shaping the rules based on data they received about African-American registration and voting patterns. On May 15, 2017, the U.S. Supreme Court declined to review the Appeals Court ruling.
North Dakota North Dakota abolished voter registration in 1951 for state and federal elections, the only state to do so. It has since 2004 required voters to produce an approved form of ID before being able to vote, one of which was a tribe ID commonly used by Native Americans. However, it was common and lawful for a post office box to be used on this ID instead of a residential address. This has led to North Dakota being accused of voter suppression because many Native American were being denied a vote because they did not have an approved form of ID with a residential address. North Dakota's ID law especially adversely affected large numbers of Native Americans, with almost a quarter of Native Americans in the state, otherwise eligible to vote, being denied a vote on the basis that they do not have proper ID; compared to 12% of non-Indians. A judge overturned the ID law in July 2016, also saying: "The undisputed evidence before the Court reveals that voter fraud in North Dakota has been virtually non-existent." However, the denial of a vote on this basis was also an issue in the 2018 mid-term election. While former Attorney General
Eric Holder called the rule "nothing more than voter suppression", North Dakota House Majority Leader Republican Al Carlson, who sponsored the law, said "Our attempt was never to disenfranchise anybody. From a legislative standpoint, we wanted the integrity ... in the ballots, but we also want to have anybody that wants to vote that is a legal citizen be able to identify where they live and be able to vote." Ultimately, the legal battle ended when the
Supreme Court declined to hear an appeal in November 2018, which effectively left the rule in place. In July 2019, the ID law was judged to be constitutional. A settlement of the dispute was reached in February 2020. In June, the federal district court ruled for the plaintiffs, and entered a preliminary injunction applicable only to the November 2016 election. The preliminary injunction was upheld in September by the Court of Appeals for the Sixth Circuit. Had it not been upheld, thousands of voters would have been purged from the rolls just a few weeks before the election. On June 11, 2018, the Supreme Court ruled that Ohio could continue its voting rolls purging thus reversing the 2016 Supreme Court ruling. The
New York Times article "Supreme Court Upholds Purge of Ohio Voters", writes that for the state of Ohio, if a voter does not vote in a federal election, they will be sent a notice, if they do not respond to the notice and do not vote in the next four years, they will be removed from the voter rolls. Other states with the "Use it or lost it" type policy vary in notice response times and how many elections can be "missed." According to the
Times article, Justice Samuel A. Alito Jr. who was writing on behave of the majority, penned that this move is to encourage states to "clean up their voting rolls" that may contain invalid and/or inaccurate voter registrations.
Wisconsin Wisconsin has enforced a photo ID law for all elections since April 7, 2015. A federal judge found that Wisconsin's restrictive voter ID law led to "real incidents of disenfranchisement, which undermine rather than enhance confidence in elections, particularly in minority communities"; and, given that there was no evidence of widespread voter impersonation in Wisconsin, found that the law was "a cure worse than the disease." In addition to imposing strict voter ID requirements, the law cut back on early voting, required people to live in a ward for at least 28 days before voting, and prohibited emailing absentee ballots to voters.
2017–2019 Election Integrity Commission and Crosscheck In May 2017,
President Donald Trump established the
Presidential Advisory Commission on Election Integrity, purportedly for the purpose of preventing voter fraud. Critics have suggested its true purpose is voter suppression. The commission was led by Kansas attorney general and Republican gubernatorial nominee
Kris Kobach, a staunch advocate of strict voter ID laws and a proponent of the Crosscheck system. Crosscheck is a national database designed to check for voters who are registered in more than one state by comparing names and dates of birth. Researchers at Stanford University, the University of Pennsylvania, Harvard University, and Microsoft found that for every legitimate instance of double registration it finds, Crosscheck's algorithm returns approximately 200 false positives. Kobach has been repeatedly sued by the
American Civil Liberties Union (ACLU) and other civil rights organizations for trying to restrict voting rights in Kansas. Often, voter fraud is cited as a justification for such measures, even when the incidence of voter fraud is low. In Iowa, lawmakers passed a strict voter ID law with the potential to disenfranchise 260,000 voters. Out of 1.6 million votes cast in Iowa in 2016, there were only 10 allegations of voter fraud; none were cases of impersonation that a voter ID law could have prevented. Only one person, a Republican voter, was convicted. Iowa Secretary of State Paul Pate, the architect of the bill, admitted, "We've not experienced widespread voter fraud in Iowa."
Alabama Alabama HB 56, an anti-illegal-immigration bill co-authored by
Kansas Secretary of State Kris Kobach and passed in 2011, required proof of citizenship to be presented by voters on Election Day. Much of the law was invalidated on appeal at various levels of appeals courts or voluntarily withdrawn or reworded. In its 2013
Shelby County v. Holder decision, the Supreme Court of the United States allowed jurisdictions with a history of suppression of minority voters to avoid continuing to abide by federal preclearance requirements for changes in voter registration and casting of ballots. Within 24 hours of that ruling, Alabama implemented a previously passed 2011 law requiring specific types of photo identification to be presented by voters. The state closed DMV offices in eight of ten counties which had the highest percentage black population, but only three in the ten counties with the lowest black population. In 2016, Alabama's Secretary of State (SOS)
John Merrill began the process to require proof of citizenship from voters, despite Merrill saying he did not know of any cases where non-citizens had voted. Four-term Republican Representative
Mo Brooks found that he himself had been purged from the rolls. Merrill also declined to publicize the passage of legislation that enabled some 60,000 Alabamian former felons to vote. Alabama's requirement regarding proof of citizenship had been approved by federal
Election Assistance Commission Director Brian Newby. Kobach had supported Newby in the federal suit, and had appointed him to an elections position in Kansas prior to his EAC appointment. Alabama boasts the 3rd highest rate of people barred from voting due to a felony conviction per 100,000 residents in each state across the US, according to a recent study. This disproportionately affects African Americans. The suburban and rural outreach efforts by the
Doug Jones campaign were successful and he captured the U.S. Senate seat, the first Democrat in 25 years to do so, and in a state that
Donald Trump had won by 30 points. Georgia's Secretary of State,
Brian Kemp, the Republican gubernatorial nominee, was the official in charge of determining whether or not voters were allowed to vote in the November 2018 election and has been accused of voter suppression. Minority voters are statistically more likely to have names that contain hyphens, suffixes or other punctuation that can make it more difficult to match their name in databases, experts noted, and are more likely to have their voter applications suspended by Kemp's office.
Barry C. Burden, a professor at the University of Wisconsin-Madison and director of its Elections Research Center said, "An unrealistic rule of this sort will falsely flag many legitimate registration forms. Moreover, the evidence indicates that minority residents are more likely to be flagged than are whites." Kemp has suspended the applications of 53,000 voters, a majority of whom are minorities. Strict voter registration deadlines in Georgia prevented 87,000 Georgians from voting because they had registered after the deadline. "Even if everyone who is on a pending list is eventually allowed to vote, it places more hurdles in the way of those voters on the list, who are disproportionately black and Hispanic," said Charles Stewart III, Professor of Political Science at Massachusetts Institute of Technology. Georgia made efforts to correct voting problems that had occurred in the 2018 election. In the
2020 statewide primary, however, many irregularities were reported, including missing machines at polling places and mail-in ballots that never arrived at voters' houses. Georgia has a law prohibiting felons on probation for crimes involving
moral turpitude from voting or registering to vote, with a similar law in Alabama having been criticized by the
United States Supreme Court in
471 U.S. 222 (1985) as having roots in
white supremacy.
Indiana In 2017, Indiana passed a law allowing the state to purge voters from the rolls without notifying them, based on information from the controversial Crosscheck system. The Indiana
NAACP and
League of Women Voters have filed a federal lawsuit against
Connie Lawson, Indiana's Secretary of State, to stop the purges. In June 2018, a federal judge ruled that the law violated the National Voter Registration Act.
Wisconsin In 2019, district court Judge
Paul V. Malloy of
Ozaukee County, Wisconsin removed 234,000 voters from state rolls. Wisconsin's Attorney General
Josh Kaul appealed to halt the purge, on behalf of the
Wisconsin Elections Commission. The purge was claimed to be targeting voters in the cities of Madison and Milwaukee, and college towns, which all tend to favor Democrats. Disenfranchisement expert
Greg Palast ties the Wisconsin effort at voter purging as part of a national Republican strategy. The issue was brought before the court by the
Wisconsin Institute for Law and Liberty (WILL), a conservative organization mostly supported by the
Bradley Foundation. The report tagged 234,039 voters who may have moved to an address that had not yet been updated on their voter registration forms. Despite election officials' protests, Wisconsin may be forced to comply with Malloy's order. On January 2, 2020, WILL said it asked the circuit court to hold the Elections Commission in contempt, fining it up to $12,000 daily, until it advances Malloy's December 17, 2019 order to purge from the voting rolls hundreds of thousands of registered voters who possibly have moved to a different address. The case was being litigated in a state appeals court, but it was thought that the conservative-dominated
Wisconsin Supreme Court would be likely to hear it. ==2020s==