Bullies - Demos

Sep 5, 2012 - support and extensive contributions; Director of National Voting Integrity ...... may not use a mobile phone or computer within the ..... closed.365.
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Bullies at the Ballot Box

Protecting the Freedom to Vote Against Wrongful Challenges and Intimidation

by: Li z k e n n e d y, S t e p h e n S pa u l d i n g , t o va wa n g , Jenny Fl anagan

and

Anthony kammer

D ē m o s is a non-partisan public policy research and advocacy organization founded in 2000. Headquartered in New York City, Demos works with policymakers around the country in pursuit of four overarching goals—a more equitable economy with widely shared prosperity and opportunity; a vibrant and inclusive democracy with high levels of voting and civic engagement; an empowered public sector that works for the common good; and responsible U.S. engagement in an interdependent world. C o m m o n C a u s e is a nonpartisan nonprofit advocacy organization founded in 1970 by John Gardner as a vehicle for citizens to make their voices heard in the political process and to hold their elected leaders accountable to the public interest. Gardner announced the formation of Common Cause in newspaper ads asking Americans to join the organization. Within six months, more than 100,000 people responded. Now with nearly 400,000 members and supporters and 38 state organizations, Common Cause remains the nation’s largest organization committed to honest, open and accountable government, as well as encouraging citizen participation in democracy. Ac k n o w l e d g e m e n t s The authors would like to thank Demos Vice President for Legal Strategies Brenda Wright for her indefatigable support and extensive contributions; Director of National Voting Integrity Campaign Common Cause Susannah Goodman, Demos Vice President of Policy & Research Tamara Draut, Common Cause Vice President for State Operations Karen Hobert Flynn, and Common Cause Vice President for Programs Arn Pearson for input on drafts; Common Cause Staff Counsel Nick Surgey and Common Cause Legal Intern Zachary Walter for assistance with drafting; Common Cause Legal Interns Peter Klym and Jesse Overall for research assistance; Demos Communications Associate Anny Pycior, Mary Boyle, Common Cause Vice President for Communications & Dale Eisman, Common Cause Senior Researcher. for communications outreach. This report benefitted from research generously provided by Project Vote. This report relied in part on the generous support of the John D. and Catherine T. MacArthur Foundation, Open Society Foundations, and the Lisa and Douglas Goldman Fund. The authors thank the following individuals for their assistance and input. Of course, these acknowledgements do not reflect the endorsement of any particular individual or governmental entity. Chris Cate, Office of the Florida Department of State Richard Coolidge, Office of the Colorado Secretary of State Craig Forbes, Office of the Ohio Secretary of State Scott Gilles, Office of the Nevada Secretary of State Richard Lamb, Office of the Missouri Secretary of State Donald Palmer, Virginia State Board of Elections Alicia Phillips Pierce, Office of the Texas Secretary of State Don Wright, North Carolina State Board of Elections Joan Ashwell, League of Women Voters of New Hampshire Julie Ebenstein, American Civil Liberties Union of Florida Maureen Haver, Common Cause Texas Elena Nunez, Executive Colorado Common Cause Bob Phillips, Common Cause North Carolina Elizabeth Steele, Just Vote! Colorado Election Protection, Colorado Common Cause Catherine Turcer, Common Cause Ohio 100  D Ē MO S B R I E F | Au g u s t 2012

TABLE OF CONTENTS Executive Summary 1 Overview 1 Findings 2 Glossary 3 Introduction 4 Wrongful Challenges and Intimidation in 2012: Reasons for Concern 4 Voter Intimidation and Harassment Is Illegal 5 History of Wrongful Challenges and Intimidation 6 State L aws on Challenging Registered Voters before Election Day & Voter Caging Practices 8 Colorado 8 North Carolina 13 Florida 9 Ohio 14 Missouri 10 Pennsylvania 15 Nevada 11 Texas 16 New Hampshire 12 Virginia 16 R e c o m m e n d at i o n s f o r A d d r e ssi n g C a g i n g & P r e-E l e c t i o n D ay C