Balkinization: Black disenfranchisement, again.

Black disenfranchisement, again.

According to this BBC report, Republican operatives are hoping to make a series of mass challenges to black voters in Florida in the hopes of discouraging people from voting at the polls.

A secret document obtained from inside Bush campaign headquarters in Florida suggests a plan - possibly in violation of US law - to disrupt voting in the state's African-American voting districts, a BBC Newsnight investigation reveals.
Two e-mails, prepared for the executive director of the Bush campaign in Florida and the campaign's national research director in Washington DC, contain a 15-page so-called "caging list".
It lists 1,886 names and addresses of voters in predominantly black and traditionally Democrat areas of Jacksonville, Florida.
An elections supervisor in Tallahassee, when shown the list, told Newsnight: "The only possible reason why they would keep such a thing is to challenge voters on election day."
Ion Sancho, a Democrat, noted that Florida law allows political party operatives inside polling stations to stop voters from obtaining a ballot.
Mass challenges
They may then only vote "provisionally" after signing an affidavit attesting to their legal voting status.
Mass challenges have never occurred in Florida. Indeed, says Mr Sancho, not one challenge has been made to a voter "in the 16 years I've been supervisor of elections."
"Quite frankly, this process can be used to slow down the voting process and cause chaos on election day; and discourage voters from voting."
Sancho calls it "intimidation." And it may be illegal.
A Republican spokeswoman did not deny that voters would be challenged at polling stations
In Washington, well-known civil rights attorney, Ralph Neas, noted that US federal law prohibits targeting challenges to voters, even if there is a basis for the challenge, if race is a factor in targeting the voters.

In the meantime, Republicans are planning a series of mass challenges to voter qualifications in Ohio, the Washington Post reports:

Democrats, and some election officials as well, say the most potentially disruptive action could be Republican challenges of voters' eligibility filed over the past few days. Although some of the more than 35,000 challenges have been withdrawn or rejected by county officials, about 25,000 are pending.
The Democratic Party and the Kerry-Edwards campaign sent letters Monday to Ohio's 88 county election boards asking them to dismiss the challenges, arguing that they are "unfair" and "arbitrary" and that the Ohio GOP has not provided sufficient evidence under state law that the voters challenged are ineligible.
The rules for challenging voters vary from state to state, and officials nationwide are bracing for an onslaught. In Ohio, the state GOP is drawing on a little-used 1953 law to file its pre-election challenges.
Ohio law states that a party can challenge a voter's eligibility if the challenger has a reasonable doubt that the person is a citizen, is at least 18, or is a legal resident of the state or the county where he shows up to vote. The law also states that local election boards must give voters challenged before Election Day three days' notice before holding a mandatory hearing, no later than two days before the election.
It is not clear, however, how election officials can hold so many hearings, or what they should do after them.

Unlike the Florida challenges, the Ohio challenges do not appear to be aimed specifically at African-Americans, but rather at new registrants whom the Republican party fears may vote Democratic.

It is a shameful enterprise, and it speaks volumes about what the Republican Party has come to stand for. Instead of trying to come up with policies that would attract new voters, Republican operatives have are simply trying to deny people their right to vote.

Posted 6:16 PM by JB [link]