What she said

[unusualmusic_lj_archive]

Believing in vote fraud may be dangerous to a democracy's health.

Or, did ANYONE actually pay attention to the POINT/REASON for the mass firings of the mostly Republican or Republican-leaning US Attorneys?

The connection between wrongful voter registration and actual polling-place vote fraud is the stuff of GOP mythology. As Rick Hasen has demonstrated, here at Slate and elsewhere, even if Mr. Mouse is registered to vote, he still needs to show up at his polling place, provide a fake ID, and risk a felony conviction to do so. Large-scale, coordinated vote stealing doesn't happen. The incentives—unlike the incentives for registration fraud—just aren't there.

In an interview this week with Salon, Lorraine Minnite of Barnard College, who has studied vote fraud systematically, noted that "between 2002 to 2005 only one person was found guilty of registration fraud. Twenty others were found guilty of voting while ineligible and five were guilty of voting more than once. That's 26 criminal voters." Twenty-six criminal voters despite the fact that U.S. attorneys, like David Iglesias in New Mexico, were fired for searching high and low for vote-fraud cases to prosecute and coming up empty. Twenty-six criminal voters despite the fact that five days before the 2006 election, then-interim U.S. Attorney Bradley Schlozman exuberantly (and futilely) indicted four ACORN workers, even when Justice Department policy barred such prosecutions in the days before elections. RNC General Counsel Sean Cairncross has said he is unaware of a single improper vote cast because of bad cards submitted in the course of a voter-registration effort. Republican campaign consultant Royal Masset says, "[I]n-person voter fraud is nonexistent. It doesn't happen, and ... makes no sense because who's going to take the risk of going to jail on something so blatant that maybe changes one vote?"





In the end, all roads lead back to John Paul Stevens. He wrote the plurality opinion in last term's Crawford v. Marion County, which upheld Indiana's restrictive voter-ID law. Stevens understood that there is no such thing as polling-place vote fraud, conceding that "[t]he record contains no evidence of any such fraud actually occurring in Indiana at any time in its history." But, continued Stevens, in the manner of someone rationally discussing the likelihood of UFO sightings, "flagrant examples of such fraud in other parts of the country have been documented throughout this nation's history." Like, um, an 1868 mayoral election in New York City, he notes, and a single 2004 incident from Washington. Stevens was more worried about shaky "voter confidence" in elections than actual voting. The message that went out from on high was clear: undermine voter confidence. Even if it's irrational and hysterical and tinged with the worst kinds of racism, keep telling the voters the system is busted.

Each time they spread the word that Democrats (especially poor and minority Democrats) are poised to steal an election, John McCain and his overheated friends deliberately undermine voter confidence. That is the point. It encourages citizens to accede to ever-harsher voter-verification laws—even if they are not needed. It musters support for voter purges that are increasingly draconian. Insist often enough that the other side is cheating, and you may even encourage partisans to take matters into their own hands, leading to the worst forms of polling-place vigilantism—from a cross burning in Louisiana on the eve of a 2006 mayoral election to the hiring of intimidating partisan "poll watchers" to volunteer at inner-city polling places. When McCain goes after ACORN, he's really just asking you to join him in believing that the system is broken. And if you choose to overheat along with McCain, the Supreme Court promises to sign off on any measure that might calm you down later. John McCain might want to be a little more careful about accusing Obama, ACORN, or anyone else, of "destroying the fabric of democracy." In so doing, he's either deliberately or unconsciously encouraging his own supporters to grab a handful of the stuff and start ripping.