Skip to content
Search

Latest Stories

Follow Us:
Top Stories

N.Y. shouldn't wait for Congress —  it can pass its own voting rights law

Opinion

John Lewis, Voting Rights Act

New York should honor the late John Lewis by passing voting rights legislation in his memory, writes William Fowler.

Rick Diamond/Getty Images

Fowler is on the communications staff of the New York City Campaign Finance Board, but the views here are his own.


"Democracy is not a state. It is an act," John Lewis declared in his final address to the nation, published last month on the day of his funeral. "The vote is the most powerful nonviolent change agent you have in a democratic society. You must use it because it is not guaranteed. You can lose it."

Last week marked 55 years since President Lyndon B. Johnson signed the Voting Rights Act. Yet millions of Americans, including many New Yorkers, have still effectively lost their right to vote because of changes to local voting laws and administrative practices that disenfranchise people and are not subject to any state or federal oversight.

This is one important way that New Yorkers can honor the legacy of Lewis, the icon of the civil rights movement who went on to represent Atlanta in Congress for 34 years: Press their lawmakers in Albany to pass legislation reinstating a key provision of the Voting Rights Act, invalidated by the Supreme Court in 2013, that protected voters from many of these types of discriminatory actions.

The provision, known as "preclearance," required states and parts of states with a history of suppressing minority voting rights to obtain permission from the Justice Department or a federal court before changing anything to do with how their elections were administered. The court ruled the law's formula for deciding which places were subject to preclearance was out of date and did not account for voting rights improvements in some places.

That rationale, Justice Ruth Bader Ginsburg said in her dissent, was akin to "throwing away your umbrella in a rainstorm because you are not getting wet." Discarding your protection against a persistent problem, in other words, will assure that problem's return.

And, to Ginsburg's point, voter suppression is raining down across the country, including New York.

Twenty-five states have introduced hundreds of measures that make it more difficult to vote in the past decade, according to the Brennan Center for Justice. Examples include stricter voter ID laws, the purging of voter rolls, the closing of poll places and new challenges to eligibility.

"We may no longer have to guess the number of jelly beans in a jar in order to cast a ballot," former President Barack Obama remarked in eulogizing Lewis at his funeral. "But even as we sit here, there are those in power who are doing their darnedest to discourage people from voting — by closing polling locations, and targeting minorities and students with restrictive ID laws, and attacking our voting rights with surgical precision, even undermining the Postal Service in the run-up to an election that is going to be dependent on mailed-in ballots so people don't get sick."

While New York does not have a voter ID law, thousands of New York City voters saw their names purged from the voter rolls without notice in 2016, had their polling places changed without notice in 2017, and watched last year as a limited rollout of early voting poll sites was found to favor affluent white voters. As recently as this year's primary, in June, one in five voters in New York's 12th Congressional District had their ballots invalidated over postmarking issues out of the voters' control.

These are all issues that may have been prevented had there been preemptive oversight measures in place.

Nationally, lawmakers and advocates are calling for an overhaul of the Voting Rights Act. The House last year passed legislation, and has recently decided to name it after Lewis, that would create a new way to determine what places have violated minority voting rights so extensively that all their election laws should require federal approval.

States also have a role to play in protecting against voter suppression and increasing the pressure for this federal legislation, and New York should do its part. One path is to pass the legislation sponsored by state Rep. Latrice Walker and renamed the John R. Lewis Voting Rights Act of New York by a fellow Democrat from Brooklyn, state Sen. Zellnor Myrie. The bill would establish preclearance by requiring localities to seek approval from the state attorney general before changing any voting procedures.

"Ordinary people with extraordinary vision can redeem the soul of America by getting in what I call good trouble, necessary trouble," John Lewis famously and frequently said. We now have an opportunity to make some good trouble of our own, by calling on state legislators to pass this legislation and provide more oversight of New York elections and prevent voter suppression.


Read More

U.S. Rep. David Valadao (R-CA)

U.S. Rep. David Valadao (R-CA) at the U.S. Capitol in Washington, DC. House Republicans

(Photo by Joe Raedle/Getty Images)

Democrats Gerrymandered David Valadao’s District. Did It Backfire?

GOP US Rep. David Valadao has never won his seat in Congress on Republican votes alone because too few Republicans live in the district where he was raised, lives, and runs his family farm.

- YouTube youtu.be

Keep ReadingShow less
​U.S. standard certificate of live birth application form next to flag of USA.

U.S. standard certificate of live birth application form next to flag of USA.

Getty Images

Birthright Citizenship Explained: History, SCOTUS Rulings & Executive Orders

Birthright citizenship has been part of American law for more than 150 years. As the American public continues to see challenges against its constitutionality, brought on by the Trump administration, it is important to remember why.

After the Civil War, Congress adopted the 14th Amendment in 1868 to overturn Dred Scott v. Sandford (1857), which had denied citizenship to Black Americans, dampening their federal protections. While the 13th amendment had abolished slavery a few years earlier, Free Black Americans were considered noncitizens by many, and thus had to work around a separate set of laws, meaning they could never be fully integrated as members of American society. In response to this issue, the 14th Amendment declares that all persons born or naturalized in the United States, and subject to its jurisdiction, are citizens of the United States.

Keep ReadingShow less
Scales of justice
a golden scale with an eagle on top of it

A Real Test for “Lawfare” Must Protect Allies and Enemies Alike

“Lawfare” is becoming a word that ends arguments instead of clarifying them. When Donald Trump or his allies are prosecuted, many on the right call the case political. When the Trump administration investigates critics, many on the left call it retaliation or “score-settling.” Sometimes those accusations are justified. Sometimes they are partisan reflexes. A label that changes with the identity of the defendant is not a rule of law.

The hard cases are not the ones with a public order to punish an enemy. They are cases with mixed facts: a real investigative predicate, a politically active target, disputed timing, later changes in treatment, and no contemporaneous record the public can inspect. Those cases require something better than “trust the prosecutors” or “trust the accused.” They require an auditable standard.

Keep ReadingShow less