Senate hearing examines deceptive practices in elections
Yesterday, several of our interns attended a hearing in the Senate about an important voting rights issue; I've asked them to share their observations here. - Kirstin
Yesterday the Senate Committee on the Judiciary held a subcommittee hearing to examine S. 453, to prohibit deceptive practices in federal elections. The sponsor of 'Deceptive Practices and Voter Intimidation Prevention Act of 2007,' Senator Obama (D-IL), offered testimony in addition to Senators Schumer (D-NY) and Feingold (D-WI). These three proponents addressed the "shameful amount" of "despicable" deceptive acts that plague campaigns and elections, specifically targeting minorities, and the need for strong penalties to prevent this form of voter intimidation, fraud and deception. Currently, there is no statute on the books that makes it a crime to offer misinformation as a means to alter a voter's conduct and such trickery exists as a dirty yet effective political tactic.
Witnesses testified before the committee, and some of them gave first-hand accounts of voter intimidation and suppression. Maryland County Executive Jack Johnson and Attorney General Douglas F. Gansler both endorsed this legislation because "the health of our democratic system depends on our ability to ensure that all citizens entitled to vote may do so."
Both witnesses from Maryland noted the events that occurred during the 2006 U.S Senate election in Prince George County, Maryland. Despite their open support for the nomination of Senator Cardin, fraudulent literature was distributed indicating their endorsement of a Republican candidate. This misleading information disillusioned many African American voters, leading them to not vote.
The Act confronts deceitful practices aimed at voter suppression, as opposed to voter persuasion. The purpose however, is to put the parties and the candidates on notice that such actions are criminal - Senator Ben Cardin (D-MD) noted that the ultimate purpose is to "prevent [such conduct] not prosecute." Professor Richard Briffault from Columbia Law School testified that the narrow scope of this legislation would pass Constitutional muster, because it focuses on deceptive practices that result in fraudulent and misleading facts, and not on matters of opinion.
Despite the 'devil in the detail,' the bottom line is clear: if not condemned, these deceptive acts will continue, and most likely will become commonplace political tactics reminiscent of Jim Crow.
Tags: Elections, Voter Fraud, Election Reform, Deceptive Acts, S.453, Barak Obama, Charles Schumer, Russ Feingold, Senate Judiciary Committee (all tags)
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