McConnell asks the Supreme Court to obliterate the Voting Rights Act [View all]

[dajoki]

https://popular.info/p/mcconnell-asks-the-supreme-court?token



There is an avalanche of new voting restrictions being imposed by Republican legislators across the country. When Popular Information covered this issue in February, the Brennan Center had identified 165 bills to restrict voting rights across 33 states. Less than a month later, the group has identified 253 bills to restrict voting rights in 43 states. These bills would impose a variety of measures to make voting harder, including reducing opportunities for early voting, limiting the use of mail-in ballots, eliminating drop boxes, and imposing new voter ID requirements.

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On Tuesday, the Supreme Court will hear a new case that could dismantle what's left of the law. The case, Brnovich v. Democratic National Committee, concerns an Arizona law passed in 2016. The law required that ballots cast in the wrong precinct be thrown out entirely — even if the votes for statewide candidates were perfectly valid. It also prohibited anyone other than an immediate family member or caretaker from helping someone return an absentee ballot.

The Democratic Party sued, arguing that the policies resulted in discrimination. Specifically, "Latino, Native American, and Black voters in Arizona have their ballots rejected for being out-of-precinct reason far more often than their white counterparts." The party argued this was "because poll locations were moved around very frequently in Arizona’s communities of color." The Democratic Party noted also noted that Native Americans residing on reservations needed more assistance returning their ballots because they "often reside far from polling places and have nontraditional addresses and limited mail access.

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In an amicus brief submitted to the court, McConnell, Cruz, and eight other Republican Senators lay out a vision where states can restrict the time, place, and manner of voting in whatever way they want — regardless of the impact it has on minority communities.

Yet Respondents urge, and the Ninth Circuit below adopted, an interpretation of VRA §2 that jeopardizes legitimate voting laws across the country. The Ninth Circuit held that any neutral voting law “results” in an unequal “opportunity” to vote “on account of race or color” whenever a plaintiff identifies some minimal statistical racial disparity related to the law—and then points to completely separate, long past, invidious voting discrimination… Nevertheless, the Ninth Circuit’s VRA §2 interpretation would eviscerate scores of legitimate time, place, and manner voting laws that prevent and deter fraud.

In other words, McConnell and Cruz want to allow states to have free reign to change the "time, place, and manner" of voting, even if those changes have a disparate impact on minority voters. They claim that such changes "prevent and deter fraud" but, like Trump, present no evidence to justify that claim.

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