Across the country, over 5 million people who are of voting age cannot vote because of felony disenfranchisement laws, including one in five Black Americans. These laws are a relic of the Jim Crow era, and were intentionally designed to suppress the vote — particularly the Black vote — by limiting the impact of the 13th, 14th, and 15th Amendments.

This week, Demetrius Jifunza, Lewis Conway, and Jennifer Taylor join us on At the Polls to share how these laws have impacted them personally after incarceration, and how states are fighting back. Listen to the podcast to learn more.

At the Polls: Why do we take voting rights away in America?

Losing the right to vote isn’t the only way a felony conviction can derail life, long after a person completes their sentence. Having a criminal record can make it more difficult to get a job, secure housing, access health care, or even care for one’s children. These obstacles stand in the way of formerly incarcerated people trying to reenter society and rebuild their lives.

The good news is that several states are reforming felony disenfranchisement laws, often with bipartisan support. Listen to this week’s episode of At the Polls and subscribe to learn more about felony disenfranchisement and what’s being done to stop this voter suppression.

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Date

Wednesday, October 28, 2020 - 12:45pm

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This year, ensuring every mail-in ballot is counted is more important than ever. While the share of voters casting ballots by mail has grown steadily in recent years, the spread of the COVID-19 pandemic triggered a surge in mail-in voting during primaries that has continued in the lead-up to Election Day. Already, 90.7 million absentee ballots have been requested or sent to voters in 50 states and the District of Columbia. Critically, a growing number of people of color plan to vote by mail rather than in-person in this election. 

Anticipating this unprecedented surge in absentee ballots, the ACLU Analytics team generated estimates of absentee voting volume by race and candidate support by vote method in every county in the battleground states of Michigan, Wisconsin, Pennsylvania, and Georgia. The team combined data gathered by a nationwide representative tracking survey conducted by YouGov with turnout modeling based on updated in-cycle ballot data to construct estimates through statistical modeling. Our findings identify which counties potentially face the largest racial representation gap — that is, if the absentee ballot count is not completed, they will cause the biggest disenfranchisement of voters of color. What happens in these counties may well change the course and outcome of the election.

Across all four states, we found that the key geographies to watch will be the greater metro areas with large populations of people of color, such as Detroit, Milwaukee, Madison, Philadelphia, Pittsburgh, and Atlanta. Failing to fully count the absentee votes in the counties that are home to these metro areas would mean disregarding between 32.9 percent (in Gwinnett County, Georgia) and 61.4 percent (in Washtenaw County, Michigan) of the votes of people of color. 

While any call about the outcome of the election before many ballots are counted is improper,  the fact that Michigan, Wisconsin, and Pennsylvania don’t begin processing ballots until Election Day or the day before increases the odds of confusing, unfounded, and premature victory calls before all ballots have been counted. Further, Georgia has the largest gap in vote-by-mail usage by race. While ballot processing can happen earlier, a time crunch and election staff shortages mean a quick count is not assured. 

Attempts to suppress the by-mail vote and the voices of voters of color — whether through delays, ballot rejections, or outright interference with the full count — can absolutely change the outcomes of the election this year. We must keep an eagle eye on the counties identified in our report and make sure the mail-in vote is counted completely and accurately. Mishandling or miscounting ballots in these counties could perpetuate the historical disenfranchisement of voters of color with which we are all too familiar. 

In spite of past elections that may have primed voters to expect a winner to be declared the night of the election, it’s vital for us all to remember that the official winner is never truly known on election night. In every election, the results called on election night are based on projections of unofficial tallies. Sufficient results to even make those projections may take days if not weeks, and for the sake of accuracy, that’s a good thing. This year, discounting the mail-in vote would disenfranchise voters of color and distort the election outcome. Ensuring that every vote — whether cast by mail, early, or in-person on Election Day — is counted must be the responsibility and priority of election officials everywhere. Pundits and politicians don’t decide the outcome of the election — voters do.

Lucia Tian, Chief Analytics Officer, ACLU

Date

Wednesday, October 28, 2020 - 12:00pm

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With less than a week to go, the only thing we can be sure of is that this Election Day will most likely look, feel, and be different than previous years. We are, after all, living through a pandemic, economic crisis, fight for racial justice, and an election season. 

If you haven’t planned how you are going to cast your vote or already voted this election, there’s still time. You can find more information here about how to make your voting plan, and learn about the specific guidelines in your state. If you plan to vote by mail, consider dropping off your ballot in-person at a drop box or election office. If you plan to vote in-person, make sure to check the location of your polling place or early vote center. You can also learn about your rights at the polls here

And just as we’ve been asking our supporters to make a plan to vote, we at the ACLU have been preparing for months and years for this Election Day: activating volunteers, motivating voters, and fighting for our rights across the country in courts, legislatures, and in the streets. 

The ACLU national office and our state affiliates and chapters have been working around the clock to protect and expand your access to the ballot this election season. Through litigation and advocacy, we’ve fought and scored 26 victories in 20 states and Puerto Rico to safeguard the right to vote. Together, these states are home to more than 154 million Americans and wield 247 votes in the Electoral College.

But our work doesn’t stop there. Our state offices are working with a network of election protection lawyers and volunteers on the ground to make sure every eligible American can exercise their constitutional right to vote and each and every vote is counted. The ACLU is at the ready to act swiftly and use all of the tools and resources at our disposal to protect the vote. If you have questions about casting your ballot or difficulty voting, remember you have the right to vote and help is a phone call away at 1-866-OUR-VOTE.
 
The ACLU doesn’t represent one party, person, or side. Our mission is to protect our democracy and realize its promise for all. This election, during a pandemic, is an all-hands-on-deck moment for our entire ACLU community. The ACLU was created in a time of deep crisis for our nation, and time and time again, we’ve been called on to defend freedom in the most difficult circumstances.   
 
For four years, people have counted on us to do everything we can to protect people’s rights and our democracy. We won’t back down. On behalf of every member of our ACLU staff, we will continue to defend our fundamental freedoms with all that it takes for as long as it takes. Even in the darkest periods in modern American history, the ACLU has never mourned the present.

Sarah Brannon, Managing Attorney, ACLU Voting Rights Project
& Molly McGrath, Voting Rights Campaign Strategist, ACLU

 

Date

Tuesday, October 27, 2020 - 4:15pm

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