

CACULATED SCHEME TO DENY VOTING RIGHTS TO PEOPLE OF COLOR
by Susan Guberman-Garcia
I spent several hours this morning watching the NAACP public hearing on
the Florida vote on C-SPAN. Having done so, it is very clear to me that
there was a systematic and calculated effort to lessen the Gore vote by
denying the franchise to as many African Americans as possible.
The hearing was orderly, well run, and transcribed by a court reporter and
presided over by NAACP President (and former Congressional Black Caucus
Chairman) Kweisi Mfume. The hearing was much like a Congressional hearing
(but without the word waste and puffery that usually dominates Congressional
hearings). There were several panels of witnesses, 2 to 4 people per panel.
The witnesses included voters who were denied the right to vote, NAACP activists
who worked the get-out-the-vote effort all day, NAACP phone-standby volunteers
who worked the phones fielding election-day complaints, poll workers, and
news media people. The witnesses were all credible and impressive, their
information detailed and often accompanied by notes with names, dates, places.
I would not hesitate to call any of these people as witnesses if I were
handling a lawsuit on their behalf.
Witnesses testified that they (and family members and others in their presence)
were denied the right to vote because they "were not on the rolls,"
even though some of them had their voter registration cards as well as identification
showing their names and addresses.
This violates Florida law. In many cases, the poll workers who refused them
declined to make any effort to validate their status and told them to "come
back later." Some poll workers were sympathetic and attempted to get
approval for the voters to go ahead and vote but were denied by "headquarters."
This is very important. Two poll workers testified that they had been instructed
by "headquarters" that they should apply "qualification"
procedures very strictly and if there was the slightest doubt, deny the
request to vote. They were also told to refrain from giving out any written
verification of the refused voters' requests, including affidavits (this
is illegal; the law requires that any voter whose attempt is challenged
be given an affidavit of challenge signed under oath by the poll worker).
And, in fact, many of the denied voters asked for an affidavit or something
in writing to prove they had attempted to vote, and ALL such requests were
refused. None was given the chance to cast a "challenge ballot"
(which I gather is similar to the "provisional ballot" that is
used in California when there is a dispute as to whether someone is entitled
to vote or not).
Witnesses testified that they and others who were African American (but
not white) voters were asked to provide both photo ID and a current voter
registration card, and many who could not do so were denied the right to
vote, even though the law does not require that the voters present both
ID and voter registration cards.
A newswoman who spent all day at various polling places witnessed the above
time and time again. When she tried to intervene, she was threatened with
arrest. This newswoman (who happens to be white and a former policewoman)
accompanied one black voter to six polling places as she was turned away
time after time because, despite her having a voter card and ID, she was
told, "This is not your polling place."
Finally, she returned to her original polling place and was allowed to vote.
The newswoman testified that at one polling place in Healdsberg County,
there were numerous police cars who were stopping African American voters
and asking for ID and "What are you doing here?" She saw them
stop one elderly man after he left the polls, order him to "assume
the position," and question him, as he tried to explain he had just
voted (and was wearing a button that said, "I voted"). When she
tried to intervene, she was told to move on or she would be arrested, and
when she did so out of fear for her safety, she was followed for several
miles by a police car. This newswoman broke down in tears because she was
ashamed that she had left the scene.
The newswoman testified that she was leaked a list of over a thousand absentee
voters by an election official. This was a list of absentee voters who were
disqualified for being "felons" (their votes were not counted
but they were not informed of the rejection of their votes or the opportunity
to challenge them; the Republican commissioner who leaked the list told
the newswoman that the instructions were to not notify the rejected absentee
voters of their disqualification.
The newswoman happened to know one of the people on the list, someone who
has never been convicted of a crime, let alone a felony. Many witnesses
testified that people who came in to vote were required to answer a litany
of questions, even though they were on the rolls and had ID. The questions
had to do with whether they had been convicted of a felony since the last
time they voted, whether their address was correct, etc.
Only African Americans appeared to be asked these questions. A police lieutenant
testified that a box of ballots was sitting in the police station. Someone
called in that it had not been picked up. The police department claimed
that they had tried to call the election commission on Friday, but nobody
answered because it was a holiday. As of now (the hearing was Saturday,
but C-SPAN aired it this morning), the box is still sitting in the police
evidence room, sealed with evidence tape. A minister testified that nobody
ever came to pick up the box at his church (a polling place for his precinct)
and still has not done so!
The president of Haitian Women of Miami testified that she was threatened
with arrest for attempting to enter the polling booth to help first-time
Haitian voters who needed translation assistance, and even though she presented
a copy of the statute that permits such assistance inside the booth, she
was told that she would be arrested if she did not leave, and the police
were actually called.
None of the Creole speakers who asked for Creole ballots (which were printed
for the first time this election) were given them, and although there were
Creole speaking volunteers present to assist those voters, they were denied
the right to do so. Handicapped people were able to get into some polling
places, but the polling booths were not accessible to them, and requests
for special ballots or other assistance were denied in African American
precincts, according to the witnesses.
I could go on . . . but is it necessary?
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OFF THE CHARTS
Many voters in Palm Beach, Florida, have claimed that they were confused
by the ballot structure and may have inadvertently voted for Buchanan when
in fact they intended to vote for Gore.
Some colleagues and I have analyzed the county-by-county returns in Florida
and found that there is a systematic relationship between the number of
votes for Bush and for Buchanan-but that Palm Beach County was so atypical
as to literally be off the charts. For a visual display of data, see <http://madison.hss.cmu.edu>.
--Professor Greg Adams
Department of Social and Decision Sciences
Carnegie Mellon University