Debating Democracy: Voter Accessibility in the Era of Fake News

 

Long Voting Lines in Georgia during the 2020 Presidential Election, Michael Holohan, The Augusta Chronicle, accessed via https://www.latimes.com/opinion/story/2020-10-22/la-oe-election-georgia-lines-trump-biden

Overview

In Democracy in America, Alexis de Tocqueville (1835, 1966) concluded, “Once a people begins to interfere with the voting qualifications, one can be sure that sooner or later it will abolish it altogether” (pp. 52-53). Yet enfranchisement in the United States has ebbed and flowed over more than two centuries of legislative action—much at the level of the states—that has removed property qualifications, added educational restrictions, enforced and removed literacy and language barriers, and revised the age of citizenship ever downwards. During the 2020 presidential election, held amidst the global Covid-19 pandemic, the tide of voting was caught between those advocating for greater voting security and those wanting to reduce ballot box barriers. The following documents enable an exploration of these opposing viewpoints.

The Call for Greater Voting Security

In claiming that greater voting security is necessary, advocates argue that voter fraud is already happening, but is difficult to detect and prosecute. Kris Kobach, the former Secretary of State of Kansas and Chairman of the Kansas Republican Party, writing in the Washington Post (2011), claimed, “The vast majority of the cases [of voter fraud] were never investigated fully because Kansas county attorneys lack the time and resources to pursue voter fraud at the expense of other criminal investigations.” Additionally, Kobach criticized data from New York University’s Brennan Center that indicated small percentages of voter fraud because “most forms of voter fraud are extremely difficult to detect” and the percentage of fraudulent votes, however small, may be significant enough in particularly close races (Kobach, 2011). To further enhance voting security, Kobach suggested that “photo ID requirements are a reasonable way to secure our elections” (2011). Hans A. von Spakovsky (2013), a senior legal fellow with the Heritage Foundation, elaborates on Kobach’s suggestion by noting that the Supreme Court has upheld voter identification requirements and that “the vast majority of Americans have a photo ID” making it “a basic step that is neither discriminatory nor unconstitutional” but “just common sense.” In short, those advocating greater voting security argue that voter fraud, while difficult to detect and prosecute, exists, presents a threat to the democratic process in close elections, and can be resolved by voter identification requirements.

Caleb Morrison and Hans A. von Spakovsky (2019) reiterated these claims more recently in reaction to a comprehensive study of voter identification laws and voter participation conducted by the National Bureau of Economic Research. Reiterating that “election fraud often goes undetected,” Morrison and von Spakovsky interpreted that findings of the National Bureau of Economic Research as concluding that voter identification laws had “no significant change in turnout” (2019). Interestingly, the report issued by the National Bureau of Economic Research also concluded that “strict ID requirements have no effect on fraud—actual or perceived” (2019). Rodney Davis, United States Representative for Illinois and the former ranking Republican member of the Committee on House Administration, concluded that voter identification laws needed to be strengthened particularly with the increase in absentee voting during the 2020 election. He claimed, “These harvesters picking up ballots don’t have to show an ID, they don’t have to be a citizen, and they don’t have to be eligible to vote” (2020). The argument for increasing voter security through voter identification programs, therefore, has remained remarkably consistent in claiming that voter fraud is difficult to detect and prosecute, but that requiring identification prevents fraud, while not negatively impacting marginalized Americans.

Reducing Barriers to Voting

Arguments for reducing barriers to voting emphasize the absence of evidence for voter fraud, the historic prevalence of discriminatory voter registration practices, and the importance of enabling representative democracy. Joshua F. J. Inwood, an associate professor at Penn State, and Derek H. Alderman, a professor at the University of Tennessee, have argued that decisions to close polling places or to limit operational hours at polling places in historically Black communities constitutes a 21st century poll tax on voting (2020). In their argument the new poll tax is paid in time as these closures have created up to a 29% increase in the amount of time a person needs to vote. As the authors concluded, “The U.S. Commission on Civil Rights, a bipartisan independent study group started in 1957, found that states claimed polling-place closures were intended to save money, centralize voting operations, and complying with Americans with Disabilities Act – but really the goal was reducing voter turnout, particularly among minority voters who were historically disenfranchised” (2020). Furthermore, the increases in voting time were concentrated in communities where the majority of people worked for hourly wages rather than more affluent areas where income was earned through contracted annual rates.

Last Week Tonight: Voting by Mail [Video file]. (2020). United States: HBO. Retrieved April 19, 2021, from https://www.youtube.com/watch?v=l-nEHkgm_Gk

Absentee ballots—the ability of voters to participate in the electoral process by mail—has been heralded as a critical solution by those advocating a reduction in voting barriers. Ronald J. Krotosynski (2020), advocated that even after the Covid-19 pandemic receded that Congress should mandate “nationwide vote by mail” in order “to ensure that all citizens may exercise their right to vote.” Stan Veuger, a resident scholar at the American Enterprise Institute, argued that Oregon’s statewide absentee ballot program demonstrated how voting by mail increases voter participation in the electoral process (2020). Similarly, Phil Keisling, the former Secretary of State for Oregon charged with the statewide absentee ballot program, concluded that “our shared goal should be the participation of as many American voters as possible” (2020). John Oliver (2020), a progressive political pundit, further explored the debate surrounding reducing barriers to voting participation. Presenting a variety of arguments in a point-counterpoint multimedia platform, Oliver noted the popularity of absentee voting, the absence of voter fraud in Oregon’s longstanding absentee ballot program, and the dangers of increasing barriers to voting. The latter, Oliver noted, that for democracy to succeed “voting is a right that must be easy to understand and accessible to everyone” (2020). Reducing the cost of voting—including time—and the increasing difficulties of establishing residency through anachronistic mailed bills can increase citizen participation in the voting process, thereby increasing the vibrancy of American democracy.

Teaching Controversy in the Era of Fake News

In developing a response to the question of whether barriers to voting to should be reduced, the partisan political divide in the United States was brought fully into focus. Sources such as the Lucy Burns Institute’s BallotPedia: The Encyclopedia of American Politics and Gale in Context: Opposing Viewpoints enabled my research to extend beyond the news sources with which I am comfortable. Wayne Journell (2019) has compiled numerous studies that conclude “that without an informed citizenry, democracy cannot flourish” (p. 3). Building robust media literacy exercises into civics and government curriculums that enable students to understand bias—as in the sources noted above—and to differentiate it from false claims (Journell, 2019, pp. 7-9). As with Journell’s construction of a scale along which media slides from complex presentations of reality through bias to false claims and fake news, students should be guided to understand political issues such as barriers to voting as complex problems not readily reduced to binary debates. Constructing such binary debates without allowing for reconciliation and reflection exercises reifies the divisiveness of partisan politics and creates a citizenship that understands civics as a winner-take-all struggle of moral imperatives. Instead, students should be taught to recognize problems, the nuance of solutions, argumentative bias, and the delicate constructions of compromise. As Larry David’s character in Curb Your Enthusiasm (2009) laconically observed, “A good compromise is when both parties are dissatisfied.”   

References

Cantoni, E., & Pons, V. (2019, February 11). Strict ID laws don't Stop VOTERS: Evidence from a U.s. NATIONWIDE Panel, 2008–2018. Retrieved April 19, 2021, from https://www.nber.org/papers/w25522

Davis, R. (2020, May 28). Rep. Rodney Davis: Twitter tries to censor Trump with 'fact CHECK' but gets its facts wrong on voter fraud. Retrieved April 19, 2021, from https://www.foxnews.com/opinion/rep-rodney-davis-twitter-tries-to-censor-trump-with-fact-check-but-gets-its-facts-wrong-on-voter-fraud

Gale In Context: Opposing Viewpoints. (2021). Retrieved April 19, 2021, from https://go.gale.com/ps/dispBasicSearch.do?userGroupName=mlin_c_woracd&prodId=OVIC

Graves, L. (Ed.). (2021). BallotPedia. Retrieved April 19, 2021, from https://ballotpedia.org/Main_Page

Inwood, J. F., & Alderman, D. H. (2021, February 20). Closing polling places is the 21st century's version of a poll tax. Retrieved April 19, 2021, from https://theconversation.com/closing-polling-places-is-the-21st-centurys-version-of-a-poll-tax-133301

Journell, W. (2019). Unpacking fake news: An educator's guide to navigating the media with students. New York, NY: Teachers College Press.

Keisling, P. (2020, May 31). Thinking inside the envelope: The mail-in solution to voting during the coronavirus pandemic. New York Daily News. Retrieved April 19, 2021, from https://www.nydailynews.com/opinion/ny-oped-thinking-inside-the-envelope-20200531-kyp4b4y3ljbxppawcjlmzdaobq-story.html

Kobach, K. (2011, July 13). Voter ID laws are good protection against fraud. Washington Post. Retrieved April 19, 2021, from https://www.washingtonpost.com/opinions/voter-id-laws-are-good-protection-against-fraud/2011/07/08/gIQAGnURBI_story.html

Last Week Tonight: Voting by Mail [Video file]. (2020). United States: HBO. Retrieved April 19, 2021, from https://www.youtube.com/watch?v=l-nEHkgm_Gk

Tocqueville, A. D., & Bradley, P. (1966). Democracy in America. New York, NY: Knopf.

Veuger, S. (2020, March 31). Time to prepare for voting by mail. Retrieved April 19, 2021, from https://www.mercatus.org/publications/covid-19-policy-brief-series/time-prepare-voting-mail

Von Spakovsky, H. A. (2013, September 3). Voter ID laws keep our elections secure. Retrieved April 19, 2021, from https://www.heritage.org/crime-and-justice/commentary/voter-id-laws-keep-our-elections-secure

VonSpakovsky, H. A., & Morrison, C. (2019, February 27). New study confirms voter id laws don't hurt election turnout. Retrieved April 19, 2021, from https://www.heritage.org/election-integrity/commentary/new-study-confirms-voter-id-laws-dont-hurt-election-turnout

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