MEMORANDUM TO: FROM: DATE: RE: Interested Parties Elisabeth Pearson, DGA Political Director April 11, 2014 Shameless Voter Suppression

a Hallmark of GOP Governors' Tenures

As President Obama prepares to address Democratic efforts to protect voting rights today, the undemocratic efforts of Republican governors to suppress the vote in their states are coming into focus. Just this week, citing the voter suppression law recently signed by Ohio Governor John Kasich, the governor's Republican allies threatened to cut vote-rich Cuyahoga County's local government funding by 10 percent if officials sent out absentee ballot applications to registered voters. Last week, a federal court ruled that Florida Governor Rick Scott's muchmaligned 2012 voter purge was, in fact, illegal. And last month, Wisconsin Governor Scott Walker signed a law cutting early voting. Republican governors have taken these actions for one reason and one reason only: they believe that by making it more difficult for their citizens to vote, it will be easier for them and their right-wing allies to win elections. What's worse is how shameless they are about it. Just look at RGA Chair Chris Christie. In May 2013, Christie vetoed an early voting bill because he said it would cost New Jersey a prohibitive $23 million. Just three months later, faced with a vacant U.S. Senate seat, Christie called special elections in August and October when there were regularly-scheduled elections already on the books. The cost to taxpayers? $24 million. The reason he chose those dates? So he didn't have to appear on the ballot with now-U.S. Senator Cory Booker, which would have driven up Democratic turnout and threatened his reelection prospects. Republican governors like Kasich, Scott, Walker, Christie, Tom Corbett, Nikki Haley, Sam Brownback, Pat McCrory, and Rick Perry aren't hiding the fact that they believe their own political fortune is more important than the

right to vote. And they're certainly not hiding the fact that these efforts are designed to influence their own reelection campaigns in 2014 and the presidential election in 2016. But now, they're getting called on it and voters in their states are noticing. As President Obama prepares to address this critical issue today, here's the background on the efforts of Republican governors to suppress the vote for their own political advantage: OHIO 2014: Kasich Signed Legislation Cutting Early Voting And Limiting Absentee Ballot Distribution. “Gov. John Kasich has signed into law measures that trim early voting by a week and regulate the mailing of absentee-ballot applications, the latest in a collection of legislation that could make voting more difficult for some Ohioans… One new law eliminates a one-week period in which people can register and cast an early ballot on the same day… Under the second measure, sponsored by Sen. Bill Coley, R-Liberty Township, legislators would have to OK Secretary of State Jon Husted mailing absentee-ballot applications to all registered voters in Ohio. The law also backs Husted’s attempt to stop officials in urban counties such as Hamilton and Cuyahoga from mailing ballots.” *Cincinnati Enquirer, 2/21/14+ · Cuyahoga County Council Approved Ordinance Asserting The County Would Continue Mailing Absentee Voting Applications To Voters As Necessary, Regardless Of State Law. “Cuyahoga County Council voted along party lines Tuesday night to assert the county’s right to mail unsolicited absentee ballot applications, despite a new state law that forbids the county from doing so. Identical to a preliminary committee vote last week, eight council Democrats voted to approve County Executive Ed FitzGerald’s ‘voting rights law,’ with council’s three Republican members dissenting.” *Northeast Ohio Media Group, 4/8/14+ OH House Republicans Were Forced To Scrap Retaliatory Attempt To Cut Local Government Funding For Counties That Continued


Sending Absentee Ballot Applications. “Under fire from top Ohio Republicans, lawmakers will scrap a controversial proposal to slash Cuyahoga County funding if county officials send out unsolicited absentee ballot applications, a House GOP spokesman said Tuesday. The measure, slipped in state budget review legislation on Monday, would have cut the county’s local government funding by 10 percent – an estimated $1.7 million this year – if county officials proceed with ballot mailer plans in violation of state law.” *Northeast Ohio Media Group, 4/8/14+ Kasich Signed Earlier Bill Restricting Early Voting and Absentee Ballots. In 2011, Kasich signed a bill that restricted absentee ballots and early voting, including “narrowing of windows for absentee and in-person early voting, its prohibition on mass-mailing of absentee ballot applications to all registered voters, and new restrictions on the counting of last-resort provisional ballots among its numerous other provisions.” *Toledo Blade, 5/16/12+ Kasich Signed Bill Reversing Most of Law Restricting Early Voting and Absentee Ballots. “Except for restoring the three-day early voting window, the repeal bill signed into law by Mr. Kasich largely resets the election clock in the state to the rules in place before House Bill 194's passage.” *Toledo Blade, 5/16/12+ Supreme Court Rejected Cut Off of Early Voting in Ohio. The Supreme Court on Tuesday cleared the way for early voting in Ohio the weekend before Election Day. The justices, in a one-sentence order without noted dissents, let stand an appeals court ruling that had blocked the efforts of officials in Ohio to restrict early voting there. The Supreme Court’s action was a victory for the Obama campaign, which had sued to overturn the restrictions. *New York Times, 10/16/12+ Kasich Disenfranchised 11 Percent of Ohioans, Mostly Poor. The Call & Post reported on July 6, 2011 that, “those disenfranchised *by Kasich’s bill+ account for roughly 11 percent of Ohio voters, mostly poor people of all races. House opponents of the bill estimated that as many as 887,000 Ohioans and 25 percent of African-Americans of voting age lack

government issued photo ID.” *Call & Post, 7/6/11+ WISCONSIN Reuters Headline: “Wisconsin Governor Signs Bill Ending Early Weekend Voting”. “ Wisconsin Governor Scott Walker on Thursday signed a measure into law that eliminates absentee voting on weekends ahead of elections but vetoed a provision that restricted weekday voting hours across the state. Wisconsin law allows voters to cast absentee ballots by mail or hand them in to their polling places before election day. Supporters have said the new law creates uniform and fair rules, while critics have said it disenfranchises voters.” *Reuters, 3/27/14] Scott Walker Vowed To Hold Special Session If Courts Strike Down Voter ID Requirements. “Gov. Scott Walker said Tuesday that he would call lawmakers into a special session to modify Wisconsin’s voter photo identification requirements if courts don’t uphold the current measure, which has been blocked since shortly after he signed it into law in 2011… Walker told reporters Tuesday that he sees voter ID as the most ‘pressing’ election-related issue facing Wisconsin, and he would like the requirement to be in place ‘before the next election.’” *Wisconsin State Journal, 3/12/14+ 2011: Walker Signed Bill Requiring Voters To Provide Voter ID At Polls. “The Republican governor of Wisconsin signed a bill on Wednesday that will require voters in the state to show photo identification when they go to the polls. The measure, which Democrats characterize as a voter suppression effort but Republicans defend as a protection against fraud at the polls, will take partial effect just as nine state senators -- including six of Governor Scott Walker's Republican allies -- face recall challenges in mid-July.” *Reuters, 7/25/11+ NORTH CAROLINA Gov. Pat McCrory Signed One Of Nation’s “Most Wide-Ranging” Voter ID Laws, Cutting Early Voting And Eliminating Same-Day Voter Registration. “North Carolina Gov. Pat McCrory (R) on Monday signed into law one of the nation’s most wide-ranging Voter ID laws… The measure

requires voters to present government-issued photo identification at the polls and shortens the early voting period from 17 to 10 days. It will also end pre-registration for 16- and 17-year-old voters who will be 18 on Election Day and eliminates same-day voter registration.” *Washington Post, 8/12/13+ New York Times Editorial: “The Decline Of North Carolina.” “In January, after the election of Pat McCrory as governor, Republicans took control of both the executive and legislative branches for the first time since Reconstruction. Since then, state government has become a demolition derby, tearing down years of progress in public education, tax policy, racial equality in the courtroom and access to the ballot… North Carolina was once considered a beacon of farsightedness in the South, an exception in a region of poor education, intolerance and tightfistedness. In a few short months, Republicans have begun to dismantle a reputation that took years to build.” *New York Times Editorial, 7/9/13+ SOUTH CAROLINA Haley Voted to Require Photo IDs to Vote. Haley voted for H 3418, which required individuals intending to vote to present a form of governmentissued photo identification. Voters without proper identification would have been required to cast a provisional ballot to be counted only if the voter presented a form of photo ID to the Board of Voter Registration prior to certification by the County Board of Canvassers. The bill also eliminated the $5 fee required to obtain an identification card. *H 3418, Third Reading, 6744, 3/3/09;, 6/29/10+ Haley Signed Voter ID Law. “With music pumping, Gov. Nikki Haley signed into law Wednesday a bill requiring S.C. voters to show a photo ID, such as a driver's license, to cast a ballot. Currently, voters only must show a voter registration card, which does not have a photo. ‘If you can show a picture to buy Sudafed, if you can show a picture to get on an airplane, you should be able to show a picture ID to (vote),’ Haley said during the signing ceremony, surrounded by supporters and lawmakers who pushed the bill… Disagreement also exists on how much the bill will cost taxpayers. Opponents say the new law will cost more than $1 million a year to enforce

while House Speaker Bobby Harrell, R-Charleston, said Wednesday it would be $500,000 to $600,000.” *The State, 5/18/11+ Voter ID Measure Blocked by Justice Department. “The U.S. Justice Department has blocked South Carolina's controversial voter ID law, saying it would prevent black people from voting. It was the first voter ID law to be refused by the federal agency in nearly 20 years. The decision means voters will not have to show a Department of Motor Vehicles-issued driver's license or photo ID card, a U.S. military ID or a U.S. passport. And it means the state, which says it plans to appeal the decision in court, will spend time and taxpayer dollars on the second such lawsuit during Gov. Nikki Haley's term… But Haley released a statement… ‘It is outrageous, and we plan to look at every possible option to get this terrible, clearly political decision overturned so we can protect the integrity of our electoral process and our 10th Amendment rights,’ Haley said.” *The State, 12/24/11+ Haley, SC Attorney Said He Would File Suit Against Justice Department Over Voter ID Law. “In January 2012 Attorney General Alan Wilson committed to filing a federal suit against the U.S. Justice Department to try to remove its objection to the state's new Voter ID law. Wilson was joined by Gov. Nikki Haley and S.C. Speaker of the House Bobby Harrell to make good on a promise made last month… Haley denied the new law would suppress voters… ‘There is nothing we want more than to make sure every person in South Carolina has the right to vote,’ she said.” *Post and Courier, 1/11/12+ Voter ID Law Had Potential Cost of $1 Million to the State. “South Carolina taxpayers will be on the hook for a high-powered Washington attorney's $520-an-hour rate when the state sues the federal government this week to protect its voter ID law. That litigation could cost more than $1 million, according to two South Carolina attorneys who have practiced before the U.S. Supreme Court… It is not uncommon for state attorneys general to hire outside help for major cases. *AG Alan+ Wilson's office has a $500,000 budget this year to ‘fight our federal court battles,’ spokesman Mark Plowden said.” *Post and Courier, 1/29/12+ KANSAS

Brownback Signed Voter ID Law Requiring Proof Of Citizenship When Registering To Vote. “Gov. Sam Brownback made a fixture of Kansas politics Monday requirements voters present proof of citizenship and photograph affirmation of their identity as the price of participating in elections. The measures were long championed by conservatives who expressed apprehension that unauthorized voters were distorting elections through fraudulent means. The rules could spark a legal challenge from voters who feel disenfranchised by the new hurdles to electoral participation.” *Topeka Capital-Journal, 4/18/11+ Since Law Took Effect, Over 13,000 New Applicants Remain Unregistered. “Since the state proof of citizenship requirement took effect at the start of this year, more than 13,000 new Kansas voter registrants have been unable to complete the process because they didn't provide citizenship documents, such as a birth certificate or passport. Voting rights advocates say the new law needs to be repealed and that the large number of incomplete registrations shows the state wasn't ready for such a proof of citizenship requirement.” *Lawrence Journal-World, 8/5/13+ Brownback “Hesitant To Weigh In On Voter Registration Problems.” “Gov. Sam Brownback on Monday didn't seem to want to get involved in the controversy over the 13,000 Kansans whose voter registrations are up in the air. When asked about it, Brownback, a Republican, referred to Kansas Secretary of State Kris Kobach, also a Republican. ‘It's in the secretary of state's purview,’ Brownback said.” *Lawrence Journal-World, 8/5/13+ Wichita Eagle Editorial: “Safeguard Voting Rights.” “If Gov. Sam Brownback and Kansas Attorney General Derek Schmidt feel a responsibility to safeguard voting rights, Kansans wouldn’t know it from their comments Monday related to the state’s 8-month-old requirement of proof of citizenship to register to vote… That basic right is in limbo for nearly 14,000 Kansans. The state’s CEO and top cop should have a problem with that.” *Wichita Eagle Editorial, 8/7/13+ FLORIDA

Headline: “Rick Scott’s Voter Purge Rules Illegal By Appeals Court.” “A federal appeals court ruled Tuesday that Florida Gov. Rick Scott's (R) effort to purge the state's voter rolls was illegal due to its close proximity to the 2012 elections. The court said that the move violated a provision of the 1993 National Voter Registration Act that explicitly bars states from removing the names of ineligible voters from official lists within 90 days of a primary or general election for federal office.” *Huffington Post, 4/2/14+ · 2012 Tampa Bay Times Editorial: Scott Administration “Recklessly” Purged Voter Rolls. “180,506. 2,625. 207. The difference in those three numbers reflects how recklessly Gov. Rick Scott's administration went about purging the voter rolls and suppressing the vote of minorities and the poor. What initially appeared to be a flood of illegal voters has become a trickle at most… This governor has been wrong before, and his credibility remains suspect… The Scott administration's handling of this entire purge has been so inept and its motives so suspect that it cannot be trusted as it tries to regain some measure of credibility. *Tampa Bay Times, 9/15/12+ Tampa Bay Times Editorial: Scott’s Voter Purge A “Flawed, Unfair Effort.” The Tampa Bay Times opined, “It is no surprise that the state's list of potentially ineligible voters is disproportionately filled with Democrats, Hispanics and African-Americans. What is surprising is that a Republican governor who claims to represent all Floridians and demands data-driven results stubbornly refuses to abandon such a fundamentally flawed, unfair effort. *Tampa Bay Times, 9/28/12+ Groups Asked Judge To Halt Systematic Purging Of Voters. “Two Miami-Dade County voters and Hispanic voting groups have asked a federal judge to halt Gov. Rick Scott's revised effort to purge voter rolls of non-citizens, saying it comes too close to the Nov. 6 election and remains problematic… State and local officials abandoned the purge this spring after it was found that many of the flagged 2,626 voters were naturalized citizens…In the new filings, lawyers argued that the purge violates the 1993 National Voter Registration Act,



which bans systematic voter purges within 90 days of an election. Tallahassee U.S. District Judge Robert Hinkle in a separate case related to the purge sided with Scott's lawyers and determined that the 90-day barrier applies only to removing voters who were at one time eligible to vote and not to noncitizens, who never should have registered at all.” *Palm Beach Post, 9/21/12+ · Hundreds Found To Be Citizens In Voter Purge, Three Active Lawsuits Over Change Months Before The Election. “It was Republican Gov. Rick Scott who first initiated the push last year to have Florida election officials look for non-U.S. citizens on the voter rolls. But many county election officials began raising questions about the accuracy of the state's list of 2,600 names when more than 500 voters turned out to be citizens. The U.S. Department of Justice sued to block the purge, saying it could not take place within 90 days of an election, but a federal judge in Tallahassee refused to block the effort. But even with that ruling there are still three active lawsuits targeting the purge.” *St. Augustine Record, 9/13/12+

Scott Signed Controversial Election Law Limiting Voter Access. The Miami Herald reported, “Gov. Rick Scott on Thursday signed a controversial overhaul of the election laws that Republicans say is needed to prevent voter fraud and Democrats call a cynical act of partisanship to improve GOP chances in Florida next year...*the bill+ cuts early voting days from 15 to eight and requires some voters who have moved to cast provisional ballots, a change most likely to affect college students.” *Miami Herald, 5/19/11+ · Voter Law “Wipes Out Policy In Place For Four Decades.” The Miami Herald reported, “The bill wipes out policy in place for four decades in Florida that allowed voters to update their legal addresses when they voted.” *Miami Herald, 5/19/11+

P E N N S Y LVA N I A March 2012: “Governor Corbett Signs Controversial Voter ID Bill Into Law

.” “Just hours after the state House sent it to him, Governor Tom Corbett on Wednesday evening put his signature on the controversial bill that will require voters to show photo ID when they go to the polls in November. Moments after signing the bill, Corbett said photo IDs will not be required for next month’s election, saying the primary will essentially be a dry run for the November election.” *CBS Philly, 3/15/12+ Pennsylvania Voter ID Measure “One Of The Nation’s Toughest.” “Less than eight months before the presidential election, Pennsylvania’s House of Representatives has approved a measure to establish one of the nation’s toughest photo identification laws for voters. The 104-88 vote this afternoon in the Republican-controlled chamber came after three days of debate.” *CBS Philly, 3/14/12+ Pennsylvania GOP Chair Credited Voter ID Law With Cutting Obama Margin. “Supporters of Pennsylvania's controversial new voter ID law which is at this minute the subject of a court battle - say it's about curbing in-person voter fraud… Now PA GOP party chairman Rob Gleason has set off a new round of criticism by crediting voter ID with helping narrow Obama's margin of victory last fall. In an interview broadcast on PCN-TV, Gleason was asked whether he thought the attention drawn to Voter ID affected last year’s elections. He replied. ‘Yeah, I think a little bit. We probably had a better election. Think about this, we cut Obama by 5%, which was big. A lot of people lost sight of that. He won, he beat McCain by 10%, he only beat Romney by 5%. I think that probably Voter ID had helped a bit in that.’” *Commonwealth Confidential, Philadelphia Inquirer, 7/19/13+ NYT: “Pennsylvania Voter ID Law Struck Down as Judge Cites Burden on Citizens.” “In a strongly worded decision, a state judge on Friday struck down Pennsylvania’s 2012 law requiring voters to produce a state-approved photo ID at the polls, setting up a potential Supreme Court confrontation that could have implications for other such laws across the country. The judge, Bernard L. McGinley of Commonwealth Court, ruled that the law hampered the ability of hundreds of thousands of Pennsylvanians to cast their ballots, with the burden falling most heavily on elderly, disabled and low-income residents, and that the state’s reason for the law — that it was needed to combat voter fraud — was not supported by the facts.” *New

York Times, 1/17/14+ TEXAS Texas Moved Forward With Strict Voter ID Law Immediately After Supreme Court Struck Down Portions Of Voting Rights Act. “Just hours after the Supreme Court handed down a ruling that guts parts of the Voting Rights Act, Texas is moving forward with a controversial voter ID law that state Attorney General Greg Abbott hopes to implement right away… The Texas law requires voters to show photo identification to vote—a measure that was blocked by the Justice Department, arguing the law could discriminate against racial minorities. At the time, Attorney General Eric Holder called the law a ‘poll tax.’” *National Journal, 6/25/13+