Tag Archives: Voter Suppression
Was Mickey Mouse’s Voter Registration an Urban Legend?

Was Mickey Mouse’s Voter Registration an Urban Legend?

Posted 19 April 2010 | By Peter | Categories: Featured Post | No Comments

In presenting three public controversies that engulfed ACORN in the last 1 ¾ years of its existence, I sometimes took sides – either defending the organization or admonishing it.  I offered my most robust defense of ACORN regarding the voter registration controversy (in a post titled, “Mickey Mouse Registers to Vote (as a Democrat)”).

To review briefly: I wrote that Republican charges of “voter fraud” hurled at ACORN were part of a concerted campaign – stretching over a number of election cycles – of voter suppression: the deliberate, sometimes illegal attempt to prevent Democratic-leaning constituencies from voting.  I linked the firings of federal prosecutors by a Justice department doing the bidding of the RNC to this strategy.  I showed that while the charge of “voter fraud” was widely repeated in jurisdictions across the country and in the media, there was virtually no evidence of any fraudulent voting as a result of an ACORN/Project Vote voter registration drive.

But did I get everything right?  Kevin Whelan, who directed the 2008 voter registration project for ACORN (and was ACORN’s Communications Director in March 2010 when he contacted me), objected that my post on ACORN repeated “a couple of urban legends about ACORN’s voter registration drive,” and suggested that we discuss the issue.  We exchanged email messages and spoke by phone.  Here’s what I learned:

1. “We are 99.99% sure we didn’t turn in a Mickey Mouse card at all.”  Further, he cast doubt on the claim that voter registration forms were submitted in Nevada for “the starting lineup of the Dallas Cowboys.”  My post repeated both claims, based on an article, “ACORN controversy: Voter fraud or mudslinging,” written by Deborah Hastings of AP, which appeared in USA Today (10/18/2008).

2. “I think if you had all the facts,” Mr. Whelan advised me, “you might reconsider this thesis: ‘reveals (in a number of episodes) ACORN’s inattention to legal fine points and indifference to procedural safeguards.’”  He allowed that, while the phrase (which appeared in the first paragraph of my initial post) might apply to ACORN in other areas, it was (with very few exceptions) not an accurate characterization of the voter registration project.

3. Why is this significant?  Kevin Whelan suggested that this was more than a point of professional pride: it “has a bigger importance for other groups who attempt to do voter registration in the future.”

Let’s take a quick look at each of these points.  Regarding the first, Mr. Whelan put me in touch with Brian Mellor, Senior Council at Project Vote (which partnered with ACORN to register voters).  “The story out there is that ACORN did not run a very competent voter registration drive,” he told me.  He said, as Kevin Whelan had, that there was a strong “quality control system” in place throughout the 2008 voter registration campaign.

Brian Mellor advised me that, while the Mickey Mouse and Dallas Cowboy claims were aired at one point by Nevada Secretary of State Ross Miller, the charges were “made up out of whole cloth.”  He noted that neither the Secretary of State, nor anyone else in a position to do so had provided any documentation to support these charges.

Regarding the second point, Kevin Whelan described an elaborate system of controls and safeguards – built-in in 2008 after the experience gained in previous voter registration campaigns.  Staff members (not the canvassers who submitted the forms) made at least three attempts to contact by phone everyone whose name appeared on a registration form.  Forms were submitted to officials in three batches with prepared cover sheets describing each: verified, not verified, and problematical (which included incomplete forms, duplicates, and potentially fraudulent submissions).  As I noted in my initial post, state laws generally require that all forms collected must be submitted (even when fraud is suspected).

But Mr. Whelan noted that, “the tighter and more elaborate we made our own quality control system, the more our own documentation could be used to smear us.” Indeed, this pattern was clear when I researched this issue two months ago.  The whole story – the more truthful story (that ACORN flagged suspicious forms) – was often not heard above the din; the smear, however, (that ACORN submitted suspicious forms) was amplified.

Regarding the final point: the stakes are high.  I quoted conservative activist Paul Weyrich (who appeared in a Brave New Films video) in a previous post: “They want everybody to vote. I don’t want everybody to vote. Elections are not won by a majority of people. They never have been from the beginning of our country and they are not now. As a matter of fact our leverage in the election, quite candidly, goes up as the voting populace goes down.”

From that insight, well-understood by political scientists and political operatives alike –  and from the fact that the previously unregistered voters that ACORN and Project Vote sign up are more likely to vote Democratic than Republican – comes the fervent opposition to, and resulting ‘controversy’ surrounding, the voter registration campaigns the two groups conducted.

Mr. Whelan suggested that, after ACORN was attacked so relentlessly over its voter registration efforts, few nonprofits would be eager to pick up the torch in the future.  Brian Mellor anticipates, however, that Project Vote will find partners for future voter registration drives.

Here’s a link to the Brave New Films video on voter suppression.

Here’s a link to a video with Kevin Whelan at an October 14, 2008 press conference on the voter registration controversy.

Next post: The Undercover Videos: Final Nails in ACORN’s Coffin?

(The image – of voting results by county in the 2008 U.S. presidential election – is from Mark Newman, Department of Physics and Center for the Study of Complex Systems, University of Michigan.)

Mickey Mouse Registers to Vote (as a Democrat)

Mickey Mouse Registers to Vote (as a Democrat)

Posted 09 February 2010 | By Peter | Categories: Challenges, Public Policy / Politics, Vision and Values | No Comments

Post #3 – Accusations of voter fraud / voter-registration fraud against ACORN

A second controversy, accusations of widespread voter fraud, reveals (in a number of episodes) ACORN’s inattention to legal fine points and indifference to procedural safeguards, as well as the perils of paying part-time canvassers to register voters; it also exposes a deliberate smear of the organization – a smear exaggerated and amplified as part of a comprehensive electoral strategy (which has included voter suppression and the firings of federal prosecutors who declined to pursue baseless prosecutions to benefit the GOP’s election prospects).  While ACORN has made missteps in the creation of this controversy, the principal villains in this drama on the public stage are ACORN’s political enemies, whose interests are advanced when people living at or near the poverty level (mostly in urban, minority, and working class neighborhoods) – in other words, low-propensity voters among traditionally Democratic constituencies – do not turn out to vote.  These are, of course, among the folks ACORN targets in its voter-registration drives.

A reader, commenting on my previous post, objects to my characterizing this issue as ‘voter fraud,’ since the controversy also “includes persistent allegations of voter registration fraud….”  I agree, to a point, and this distinction is at the heart of my assessment of this controversy (which I offer in the following paragraphs).  The commentator is exactly right.  But the distinction he makes is one that ACORN’s critics and reporters writing about the controversy – for the most part – failed to make.  Furthermore, the political criticism directed against ACORN gained much of its sting, and the news value of the stories about this controversy was considerably enhanced, by conflating the two issues.  In other words, what people heard about and read about, what the mainstream media reported, what the right wing echo chamber hammered away on, what the McCain campaign mostly said, was ‘voter fraud’ (not ‘voter registration fraud’).  I didn’t cherry-pick my sources: check out the links to verify how this controversy was presented in the mainstream press.  The accusation of voter fraud was the primary charge leveled at ACORN.

This controversy – in state after state across the country – played out in a familiar pattern.  Part-time temporary workers – who get paid by the hour, but who are expected to show some results for their efforts – turn in handfuls of completed voter registration forms at the end of their shift, some of which turn out to be fraudulent.

Deborah Hastings of AP began her report (“ACORN Controversy: Voter fraud or mudslinging,” USA Today, October 18, 2008) on this controversy by noting receipt of voter registration forms from Mickey Mouse, Donald Duck, and the starting lineup of the Dallas Cowboys – in Nevada.  In 2008, ACORN and Project Vote submitted 1.3 registration forms, many with fraudulent signatures – most often of numerous individuals with identical handwriting.

What happened next depended on the vigilance and integrity of local ACORN staff.  In Nevada, ACORN staffers (including a Las Vegas field director, who has pled guilty and been sentenced, and a deputy regional director, who has yet to come to trial) – both fired when wrongdoing came to light – were part of an illegal incentive scheme, dubbed ‘blackjack,’ to encourage a high-volume of new registrants.

In most instances, however, ACORN staffers flagged suspicious forms and then – as required by state law – submitted them to the registrar of voters, which threw out the fraudulent registrations after investigation.  (ACORN often cooperates with local district attorneys and welcomes criminal prosecutions of the part-time temporary workers – who have cheated ACORN.)  Yet even in cases where ACORN exercises due diligence, it gets blasted – falsely – for perpetrating voter fraud.

Putting Mickey Mouse’s name on a voter-registration form does not constitute voter fraud, much less the “massive voter fraud” that John McCain’s campaign alleged in October 2008 ACORN was perpetrating and which might be “destroying the fabric of democracy.”

Not quite.  The fabric of our democracy is intact.  To commit voter fraud requires presenting documentation at the polls – a driver’s license or phone bill, for instance – with Mickey Mouse’s name.

“Mickey Mouse may show up on a registration list, but he’s not likely to vote,” Daniel P. Tokaji of Ohio State’s School of Law advised Bob Drogin and David Savage (“McCain calls for ‘voter fraud’ inquiryLos Angeles Times, October 15, 2008).

“The pattern is that nothing much ever comes from this. There have been no known cases of people voting fraudulently,” says Alex Keyssar, of Harvard’s Kennedy School of Government.

A 2007 report, “The Truth About Voter Fraud [pdf],” by Justin Levitt the Brennan Center for Justice at NYU’s School of Law, which takes a dispassionate look at the issue, concluded, “It is more likely that an individual will be struck by lightening than that he will impersonate another voter at the polls.”

“They are trying to scare people that there’s electoral fraud. But that’s not the case,” Amy Schur told Hiram Soto and Helen Gao (“ACORN active in voter registration in county,” Union-Tribune, October 16, 2008).  “This is not about people who should not vote and are going to vote.”

The Congressional Research Office, in an investigation undertaken for the House Judiciary Committee [pdf], “did not identify any reported instances of individuals who were improperly registered by ACORN attempting to vote at the polls.”

This controversy counts as a strike against ACORN mostly because this smear has succeeded in slandering ACORN.  A survey released on November 19, 2009 by Public Policy Polling, conducted one year after Barack Obama bested John McCain by a margin of more than 8½  million votes, revealed that “a 52% majority of GOP voters nationally think that ACORN stole the Presidential election for Barack Obama last year, with only 27% granting that he won it legitimately.”

In my next post – Conservative Activists’ Sting: The Undercover Videos – I look at the third controversy involving ACORN.

(Image from “The Colbert Report” via TPMtv.)

Related videos:

Previous posts in this series:

Brave New Films: The Fight Against Voter Suppression

Brave New Films: The Fight Against Voter Suppression

Posted 09 February 2010 | By Peter | Categories: Public Policy / Politics, Video | No Comments

“They want everybody to vote. I don’t want everybody to vote. Elections are not won by a majority of people. They never have been from the beginning of our country and they are not now. As a matter of fact our leverage in the election, quite candidly, goes up as the voting populace goes down.” – Paul Weyrich, conservative activist