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May 6, 2009
America Needs a Voting Rights Movement
By Michel Collins
In America today, nearly 90% of the nation's voters have their voting rights violated in just about every single election: local, state, and federal. To quote the popular bumper sticker: "If you're not outraged you're not paying attention." We need to restore basic voting rights in America and it will take all of us to do this.
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In America today, nearly 90% of the nation's voters have their voting rights violated in just about every single election: local, state, and federal.
To quote the popular bumper sticker: "If you're not outraged you're not paying attention."
Consider the grassroots civil rights struggles that forged meaningful voting rights reforms in our nation's history:
In each of these instances civil rights activists spoke the language of liberty, self governance, and the right of every citizen to vote in free and fair and open public elections.
We rose up to enforce the civil rights for 11%, 14%, and 50% of our people. So where is the movement to protect 90%?
The Voting Rights Act states that vote counting must be observable, yet today the votes of nearly 90% of American voters are counted by computers owned by private corporations using trade secret software, which nobody in the public domain can examine or verify.
The Voting Rights Act states that those responsible for counting our votes (our election officials) must, in fact, count our votes, yet today the votes of nearly 90% of American voters are counted by private for-profit corporations, and not by public officials at all.
The Voting Rights Act provides recourse for those who have "reasonable grounds" to believe these rights are knowingly being violated, yet there has been no recourse when public officials knowingly violate our rights for observable and accurate vote counts by outsourcing this constitutional duty to private corporations using trade secret software, which countless scientific studies have proven can not guarantee an accurate or secure count.
The Voting Rights Act requires 22-month retention of all voting records for federal elections, yet the US Department of Justice issued a ruling that compliance with the law only requires retaining hard copy printouts of computerized voting records, and not the computer data itself. This despite testimony and reports from computer scientists proving how easy it is to alter those print outs to display completely different data than would be found on the electronic source.
The Voting Rights Act (VRA) represents the last real federal election reform effort legitimately empowering Congress to supersede the states in protecting civil rights for every American. Every succeeding piece of federal election reform has focused not on voting rights, but on centralizing federal power over the states and converting public elections to a national privatized and centralized network of computerized elections.
For the past four years, Democratic New Jersey Congressman Rush Holt has been pushing his own extension of HAVA, the disturbingly titled "Voter Con(fidence) Act", which would enshrine into federal law the "rights" of private corporations to count our votes in secret using ever-increasing complex technology that even the most competent public official can not manage without corporate "support".
These legislative trends have distorted our civic awareness, undermined our voting rights, and converted the language of civil rights to a computerized voting vocabulary. Every new wave is designed not to protect voting rights, but to protect the computerized elections industry, with its trade secret technology and impossibly opaque election management systems far removed from the public eye.
Today, with control of almost 90% of America's vote count, the corporate takeover of our nation's elections is dangerously close to complete.
This threat to our national security is so overwhelming that today's election integrity movement is consumed with devising stop gap "compromise" measures to stem the tide of the complete corporate takeover of our elections. Measures like the perennial Holt Bill, with its promise of paper ballots on the one hand and its corporate lockdown of concealed vote counting on the other.
Even traditional voting rights organizations, like the ACLU, NAACP, People for the American Way, League of Women Voters, Common Cause, and others, jumped on board the e-voting train. Having supported passage of the 2002 computerized voting bill, HAVA, these groups continue to push computerized voting without seeming to question its compatibility with the fundamental principles of voting rights.
It is impossible to protect basic voting rights in a privatized, computerized national election system.Through the lens of voting rights, you can clearly see that the idea of privatized, computerized elections is patently ludicrous.
Ensuring our civil and voting rights by definition precludes the use of computers in elections, because computers count votes in a manner concealed from the public and remove public oversight from elections. This is all the worse when those computers are controlled by private corporations using trade secret vote counting software.
In 1980, 35% of registered voters had their votes counted by computers (ballot scanners, touchscreens, punchcards), 43% by mechanical lever machines, and 11% by hand counted paper ballots. By 2008, thanks to HAVA, 89% of registered voters had their votes counted by computers, 7% by mechanical lever machines, and only 0.2% hand counted paper ballots (source: Election Data Services).
Prior to the 2000 presidential election, we were collectively asleep at the wheel when it comes to computerized elections. Consistent with our love of and trust in technology, we didn't think too much about the implications of concealed computerized vote counting.
But in 2009, we know better. Mounds of evidence in scientific reports published since 2003, affidavits from voters whose votes switched before their eyes on touch screen machines, the negative 16,000 or so votes tabulated for Al Gore in 2000 on Diebold ballot scanners, and the 18,000 "lost" ES&S touchscreen votes in the 2006 Sarasota County congressional race, compel us to recognize that our voting rights are violated every time we use these machines.
And we're not just talking minority voting rights. We're not just talking women's voting rights or disability voting rights.
We're talking civil rights for 90% of the American voting population.
That's why America needs a voting rights movement.
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