October, 24 2008, 02:13pm EDT
![Demos](https://assets.rbl.ms/32012665/origin.jpg)
Provisional Ballot Problems Loom as 2008 Electon Approaches, New Report Finds
Some States Reject Tens of Thousands of Provisional Votes in 2006
NEW YORK
Provisional ballots could play a significant role in the 2008
Election, frustrating voters and leading to possible post-election
wrangling, according to a study published this week by the non-partisan
public policy center Demos. "Provisional Ballots: Where to Watch in
2008" identifies eight states where there is significant concern over
provisional ballot implementation and the high risk of many of those
ballots going uncounted in this election.
Provisional balloting was adopted nationwide as part of the federal
Help America Vote Act of 2002 (HAVA) in an effort to remedy the
problem--widespread in the 2000 election--of voters being turned away
from the polls because their names were not on voter rolls. This
so-called 'fail-safe' voting provision requires states to offer
provisional ballots to individuals who believe they are registered to
vote but whose names do not appear on the voter rolls or who do not
meet federal identification requirements. Such ballots are counted if
election officials subsequently determine that the individual was a
legitimate voter under state law.
"When implemented correctly, provisional ballots can enfranchise
voters. However, when states adopt unnecessarily stringent standards
for counting them and poll workers are not adequately trained in their
administration, provisional ballots can have the opposite effect," said
report author and Demos Senior Policy Analyst Scott Novakowski.
High rates of provisional ballot usage and rejection suggest
persistent shortcomings in election administration. More than one in
three of the nearly 2 million provisional ballots cast in 2004 election
were ultimately rejected. Compared to 2004, fewer provisional ballots
were cast and a higher percentage were counted in the 2006 election,
yet problems remained. In 2008, continued high rates might exceed the
margin of victory in several highly contested states in the November
presidential race, possibly resulting in uncertainty on the ultimate
outcome and increasing the likelihood of post-election litigation.
The new Demos report highlights several key problem areas, including
some new potential problems for 2008, as well as states where problems
are most likely to occur.
These include:
- Unusually High Provisional Balloting Rates: Americans cast 791,483
provisional ballots in the 2006 election, 1.2 percent of all ballots
cast. Several states greatly exceeded this rate and may do so again in
2008. - High Rejection Rates: States rejected 172,555 provisional ballots
in 2006, 21.8 percent of the total cast. Again, many states rejected
far more in 2006. - Voters "Not Registered": The largest percentage of rejected
provisional ballots, 43.1 percent in 2006, were invalidated because
voters were logged as "not registered," despite the voter's belief that
they were in fact registered. - Wrong Precinct: Thirty states and the District of Columbia
categorically reject provisional ballots cast in the wrong precinct. In
2006, 15.4 percent of rejected provisional ballots were thrown out
because they were cast in the wrong precinct. - Insufficient Identification: High numbers of new registrants and
first-time voters expected in 2008, identification discrepancies
between voter registration forms and databases, in addition to
restrictive ID requirements at the polls, may lead to a surge in number
of provisional ballots cast and possibly rejected. - Incomplete and Unsigned Provisional Ballots: In 2006, 3.2 percent
of rejected ballots were invalidated for being incomplete; 2.2 percent
were discarded because they lacked the voter's signature indicating
poor ballot design or lax oversight by poll workers. Several states
exceeded these rates. - "No Match, No Vote": States that have adopted exact data matching
requirements between voter rolls and information stored by state DMV's
or the Social Security Administration, provisional ballots may be
rejected if voters fail to resolve mismatches within a prescribed
post-election deadline. - Polling Place Challenges and Foreclosed Voters: Soaring
foreclosures rates may lead to increased rates of provisional balloting
as some voters may not have had an opportunity to switch their
registrations to their new addresses.
"Several states had very high rates of provisional balloting in
2006--sometimes three to five percent of ballots cast. Such high rates
of provisional balloting, along with high rates of rejection, are not
only an indication of underlying problems with a state's election
system, but also are an open invite to candidates looking to take votes
away from their opponents," said Novakowski. "Furthermore, new issues
such as Florida's "no match, no vote" law as well as the mortgage
crisis and the accompanying wave of displaced voters could lead to even
greater numbers of provisional ballots in 2008."
The study also provided details on states where provisional ballots
problems could emerge on November 4, including Ohio, Arizona, Florida,
California, Colorado, Wisconsin, Indiana, and Michigan. To view the
full report: www.demos.org.
To schedule an interview with report author Scott Novakowski, please contact Tim Rusch at trusch@demos.org or (917) 399-0236.
Demos is a think tank that powers the movement for a just, inclusive, multiracial democracy. Through cutting-edge policy research, inspiring litigation, and deep relationships with grassroots organizations, Demos champions solutions that will create a democracy and economy rooted in racial equity.
LATEST NEWS
'Stunning Abdication': Appeals Court Dismisses Biden Genocide Complicity Case
"We turned to the law to help stop the horror, and the court chose to do nothing," said one plaintiff in the case. "We are beyond disappointed."
Jul 16, 2024
Palestine defenders on Tuesday decried a U.S. federal appellate panel's dismissal of a case brought by Palestinians accusing senior Biden administration officials of failing to prevent and complicity in Israeli genocide in Gaza.
A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco affirmed a lower court's dismissal of the lawsuit against President Joe Biden, Secretary of State Antony Blinken, and Defense Secretary Lloyd Austin, which was led by the Center for Constitutional Rights (CCR) on behalf of several Palestinian groups and individuals.
During a Tuesday interview on Democracy Now!, CCR attorney Katherine Gallagher—who represented plaintiffs in the case—said its dismissal "essentially gives the blank check to carry out any kind of conduct that the executive wants in times of genocide, in times of war."
Gallagher's interview followed a Monday statement in which she referred to the recent U.S. Supreme Court ruling granting the president "absolute immunity" for "official acts."
"On the heels of Trump v. United States, this stunning abdication of the court's role to serve as a check on the executive even in the face of its support for genocide should set off alarm bells for all," she said.
The lawsuit—originally filed in November in the U.S. District Court for the Northern District of California in Oakland—sought to stop the Biden administration from aiding Israel's bombardment of Gaza. U.S. weapons have played a critical role in Israel's war, which Palestinian and international agencies say has killed, wounded, or left missing more than 137,500 Gazans.
While the court found that "the current treatment of the Palestinians in the Gaza Strip by the Israeli military may plausibly constitute a genocide in violation of international law," it dismissed the case on jurisdictional grounds in late January. The 9th Circuit subsequently granted an expedited appeal in the case, which was heard in June.
"This decision is mind-boggling and, frankly, scary," plaintiff Waeil Elbhassi said in a statement Monday. "It is just unfathomable, while we count our dead, witness the total obliteration of Gaza—aided by our own government."
"As the death toll keeps rising and we see nonstop images of carnage during this livestreamed genocide, the court washes its hands of our case," Elbhassi added. "We turned to the law to help stop the horror, and the court chose to do nothing. We are beyond disappointed. We have no choice but to continue to fight for our people. Our very existence is at stake."
Israel's conduct in Gaza—including alleged forced starvation that has fueled deadly famine in parts of the besieged strip—is under investigation by the International Court of Justice in a genocide case brought by South Africa.
Additionally, International Criminal Court Chief Prosecutor Karim Khan has applied for warrants to arrest Israeli Prime Minister Benjamin Netanyahu, Israeli Defense Minister Yoav Gallant, and three Hamas leaders for crimes including extermination allegedly committed on and after October 7.
Keep ReadingShow Less
Greg Casar Says There's an Easy Way to Show Which Party Is More Pro-Worker
"Let's see which politicians are for unions and which ones are all talk," said the Texas Democrat.
Jul 16, 2024
As former U.S. President Donald Trump's new running mate and a union leader's speech spark discussions about the Republican Party and organized labor, one Democratic congressman on Tuesday suggested a test to see who is actually pro-worker.
Rep. Greg Casar, a Texas Democrat with a history of
advocating for workers, called for holding a vote on the Richard L. Trumka Protecting the Right to Organize (PRO) Act when his colleagues in Congress return to Capitol Hill next week.
"If Republicans wanna talk like they're pro-worker, then let's have a vote on the PRO Act next week," Casar said on social media. "Let's see which politicians are for unions and which ones are all talk. Dems are ready to vote, how about you guys?"
Introduced by Rep. Bobby Scott (D-Va.) and Sen. Bernie Sanders (I-Vt.), the PRO Act "expands various labor protections related to employees' rights to organize and collectively bargain in the workplace." The vast majority of its co-sponsors are Democrats.
"Dems are ready to vote, how about you guys?"
Casar specifically called out House Speaker Mike Johnson (R-La.) and Sen. Josh Hawley (R-Mo.), who on Tuesday wrote for Compact Magazine about International Brotherhood of Teamsters general president Sean O'Brien's Monday night speech at the Republican National Convention (RNC), acknowledging that it "came as something of a shock."
Hawley called the speech "a watershed moment" and said that "Republicans have a chance to turn the corner on labor." He also took the opportunity to highlight some of his own positions, such as more sick days for rail workers. The senator left out that he has backed "right-to-work" laws that ban union security clauses in collective bargaining agreements and opposed the PRO Act.
O'Brien—who responded by saying that Hawley "is 100% on point"—had, as The Washington Post's Lauren Kaori Gurley put it, "showered praise" on the senator during his speech. The Teamsters leader also stressed the need for pro-worker reforms.
"Labor law must be reformed," O'Brien said. "Americans vote for a union but can never get a union contract. Companies fire workers who try to join unions and hide behind toothless laws that are meant to protect working people but are manipulated to benefit corporations. This is economic terrorism at its best. An individual cannot withstand such an assault. A fired worker cannot afford corporate delays and these greedy employers know it. There are no consequences for the company, only the worker."
He declared that "we need corporate welfare reform. Under our current system, massive companies like Amazon, Uber, Lyft, and Walmart take zero responsibilities for the workers they employ. These companies offer no real health insurance, no retirement benefits, no paid leave, relying on underfunded public assistance. And who foots the bill? The individual taxpayer. The biggest recipients of welfare in this country are corporations, and this is real corruption. We must put workers first."
O'Brien was invited to speak at the RNC by Trump, who on Monday secured enough delegates to become the Republican nominee and announced U.S. Sen. JD Vance (R-Ohio) as his running mate—creating a ticket that Liz Shuler, president of the AFL-CIO, called "a corporate CEO's dream and a worker's nightmare."
Teamsters spokesperson Kara Deniz told the Post that the union leader requested to speak at the Democratic National Convention next month but has not yet received an invitation.
Unlike the Teamsters, several major labor groups endorsed Biden for reelection over a year ago. The Democrat describes himself as "the most pro-union President leading the most pro-union administration in American history"—and he has mostly avoided angering organized labor, other than working with Congress to block a national rail strike in December 2022.
Biden became the first sitting president in history to walk a picket line when he rallied with United Auto Workers members in September. The UAW endorsed him in January, when the group's president, Shawn Fain, sharply criticized Trump and warned that "rarely as a union do you get so clear of a choice between two candidates."
O'Brien struck a much different tone on Monday, praising the ex-president and "characterizing both parties as ambivalent about unions with room to improve," as Post reporter Jeff Stein pointed out on social media. In addition to Sanders, Stein highlighted, "there are 48 Senate sponsors of the PRO Act. They all caucus with the Democratic Party. Zero are Republicans."
Only Sens. Mark Kelly (D-Ariz.), Mark Warner (D-Va.), and Kyrsten Sinema (I-Ariz.)—who ditched the Democratic Party shortly after the 2022 election—have joined with the chamber's Republicans to oppose the PRO Act. In the GOP-controlled House, the bill is backed by every Democrat but just three Republicans: Reps. Lori Chavez-DeRemer (Ore.), Brian Fitzpatrick (Pa.), and Christopher Smith (N.J.).
"On June 21, 2023, the Senate Committee on Health, Education, Labor, and Pensions chaired by Sen. Bernie Sanders passed the PRO Act 11-10," Warren Gunnels, the panel's majority staff director, noted Tuesday. "Every Democrat on the committee voted yes. Every Republican on the committee voted no."
Rep. Becca Balint (D-Vt.) said, "To the Republicans at the RNC who want to appear to support American labor, here's an idea: Come join us to pass the PRO Act."
Keep ReadingShow Less
Sightings of Uncontacted Tribe Spur Calls to End Logging in Peruvian Amazon
"This is a humanitarian disaster in the making—it's absolutely vital that the loggers are thrown out, and the Mashco-Piro's territory is properly protected at last," said the director of Survival International.
Jul 16, 2024
A leading rights group on Tuesday called for loggers to be "thrown out" of a remote part of the Peruvian Amazon following recent sightings of people belonging to what is believed to be the world's largest uncontacted Indigenous tribe.
London-based Survival International published video and photos of dozens of Mashco-Piro people taken near the village of Monte Salvado in southeastern Peru near the Brazilian border. The group said that in recent days, more than 50 Mashco-Piro have appeared near the village, which is inhabited by the related Yine people. A group of 17 Mashco-Piro were also recently sighted near the neighboring village of Puerto Nuevo.
Several logging companies are operating within just a few miles of where the Mascho-Piro were spotted. One company operating inside Mashco-Piro territory, Canalaes Tahuamanu, has laid more than 120 miles of road there to facilitate timber extraction. The company is certified by the Forest Stewardship Council as a sustainable and ethical operator, even though it is known to be felling trees inside Mashco-Piro territory. Survival International is calling on the FSC to withdraw its certification.
"This is a humanitarian disaster in the making—it's absolutely vital that the loggers are thrown out, and the Mashco-Piro's territory is properly protected at last," Survival International director Caroline Pearce said in a statement Tuesday. "The FSC must cancel its certification of Canales Tahuamanu immediately—failure to do so will make a mockery of the entire certification system."
Alfredo Vargas Pio, president of the local Indigenous group Native Federation of the RÃo Madre and its Tributaries, called the new photographs "irrefutable evidence that many Mashco-Piro live in this area, which the government has not only failed to protect, but sold off to logging companies."
"The logging workers could bring in new diseases which would wipe out the Mashco-Piro, and there's also a risk of violence on either side," he added, "so it's very important that the territorial rights of the Mashco-Piro are recognized and protected in law."
In 2014, Peruvian authorities evacuated residents from Monte Salvado by boat after around 200 Mashco-Piro armed with bows and arrows raided the village, killing livestock and pets and taking food and tools. In 2022, Mashco-Piro members killed 21-year-old Peruvian logger Gean del Aguila and wounded another man with arrows as they fished on the Tahuamanu River.
In the 1890s most Mashco-Piro were either enslaved or exterminated by private mercenaries hired by self-described Peruvian "Rubber King" Carlos Fitzcarrald—immortalized in the 1982 Werner Herzog film Fitzcarraldo. Surviving Mashco-Piro fled deeper into the Amazon and avoided contact with most outsiders. They fiercely defended their territory from intruders. However, in recent decades, loggers have penetrated and exploited Mascho-Piro lands.
There are believed to be more than 750 Mascho-Piro living in Peru. They sometimes cross the border into Brazil.
"They flee from loggers on the Peruvian side. At this time of the year they appear on the beaches to take tracajá eggs," Rosa Padilha of the Indigenous Missionary Council in the Brazilian state of Acre toldThe Guardian, referring to a species of Amazon turtle.
"That's when we find their footprints on the sand. They leave behind a lot of turtle shells," Padilha added. "They are a people with no peace, restless, because they are always on the run."
Around 15 other uncontacted Indigenous tribes with as many as 15,000 members are believed to remain in the Peruvian Amazon. It is illegal to make contact with such peoples for fear they would contract common human illnesses that could be fatal to unexposed populations without immunity.
Keep ReadingShow Less
Most Popular