By Matt Bugajski

Arkansas’ new voter ID law, which would have required voters to show photo ID in order to vote, was struck down last week by Pulaski County Circuit Judge Tim Fox. In his decision, Fox cited the Arkansas Constitution’s guarantee of “free exercise of the right of suffrage”. He argued that by requiring voters to show photo identification that right is impaired, rendering the law unconstitutional.

The Arkansas Attorney General has agreed to appeal the ruling on behalf of the State Board of Election Commissioners. The Board and the state Republican Party have also asked the Arkansas Supreme Court to stay the ruling to allow the law to remain in place for the May primary election. They argue that the law is intended to reduce voter fraud, and that the upcoming election could not be fairly conducted without it.

Everyone has a right to vote in fair and free elections, and in an ideal world voters would all be provided with photo identification to use at the polls. But in reality, many groups of voters are less likely to possess photo ID and will therefore have limited ability to participate in our democracy under a voter ID law. 

The debate over voter ID laws reflects a broader issue: the lack of an explicit right to vote in the U.S. Constitution means that each state has its own interpretation of who should have suffrage. State authority over voting makes it difficult for voters to know their rights, and provides many opportunities for voters to be disenfranchised, whether intentionally or not.

FairVote advocates for the amendment of the U.S. Constitution to include an individual right to vote for all. A right to vote amendment would prevent individual voters from being disenfranchised by restrictive laws, and establish a universal standard to which state voting laws could be held. Amending the Constitution would further reaffirm that voting is a right, not a privilege, and reduce confusion by creating consistency between federal, state, and local levels when it comes to voting.

To learn more about how FairVote is working to expand suffrage and protect voter access, visit our Promote Our Vote website.

By Kevin Werner

Florida State University (FSU) students are organizing to combat statewide voting policies that restrict student access. Their target is Florida’s 2011 House Bill 1355, a 128-page bill that made sweeping changes to the state’s election laws. Passed along party lines, the bill shrank the early voting window, weakened absentee voting, placed new restrictions on voter registration drives, and made it more difficult for people with new addresses to vote.  

The FSU student government passed a Right to Vote Resolution that takes aim at HB 1355. It states:

We call on the Florida Legislature to repeal House Bill 1355, which places an undue burden on organizations that register voters… We call on the Florida Legislature and Governor Rick Scott to reinstate early voting for at least 14 days before an election.

Many Florida students feel targeted by the state’s restrictive voting laws, explained Jerry Funt, president of the Progress Coalition at FSU. These concerns crystalized when the Division of Elections, which is run by an appointee of Governor Scott, denied the University of Florida (UF) an early voting site on campus in the 2014 municipal elections. Student access problems became a rallying cry for university activists.

“Without freedom to participate, government fails to represent a lot of people,” Funt said. Funt and members of his organization became the main proponents of the FSU resolution, which took the fight one step further by seeking a constitutional guarantee of the right to vote. The resolution further reads:

We call on members of the Florida Legislature to strengthen the right to vote stated in Section 2 of the Constitution of Florida through statute… We call on our members of Congress, and our representatives in the state legislature, to support an amendment to the U.S. Constitution that would grant an explicit right to vote to every American citizen of voting age.

A constitutional amendment would protect the right to vote and would encumber Florida’s ability to pass suppressive voting bills like HB 1355. This is because, as a constitutional right, any change in voting would be subject to strict scrutiny review by courts, which require a compelling state interest.   “Currently, changes in laws regarding voting are not held to [strict] scrutiny,” Funt explained.

FSU is not alone in seeking structural means to strengthen voting rights in Florida. Members of the Florida State Legislature are following suit through the introduction of two bills: House Memorial 1283 calls for a federal right to vote and House Bill 1073 would strengthen the state right to vote. On the national level, House Joint Resolution 44 would enshrine an individual right to vote in the Constitution. The passage of these bills would be “monumental,” Funt said, and his organization is set to “continue pushing” them until they succeed.

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FSU’s resolution was modeled on FairVote’s Promote Our Vote project’s resources. Students received help organizing from the Florida Initiative for Electoral Reform. Learn about other communities that are taking proactive steps to improve voting at PromoteOurVote.com, and find out how you can get involved in your community. 

By Ben Petit

Last September, Montgomery County, Maryland took proactive steps toward improving its elections by unanimously passing a right to vote resolution and establishing a citizen’s task force on voting issues. The decision was welcomed by national and community leaders such as Senator Ben Cardin, Congressman Chris Van Hollen, and D.C. Mayor Vincent C. Gray at an event following the Council vote.

Right to vote resolutions are community organizing tools offered by FairVote’s Promote Our Vote project. Their purpose is to spur community dialogue and concrete changes in policy to ensure fair and equitable voting rights. One reform resulting from the Montgomery County resolution was the establishment of a citizen’s task force charged with proposing plans for a new voter registration program, promoting early voting and same-day registration, and recommending changes in state and local ballot practices.

Fixing our electoral system is key to solving the greater challenges facing the country, according to Montgomery County task force member Mary Rooker. “I’m convinced that without structural changes, we’re not going to see much in the way of change,” Rooker explained.

With the release of its interim report on February 24th, the task force has set ambitious goals for the county’s elections, including adopting automatic voter registration, preventing partisan redistricting, improving civic outreach, bolstering voter turnout, and expanding civic education programs. The group has also announced plans to explore expanded suffrage for youths and people with felony convictions, ways to reduce wait times at the polls, and more inclusive ballot access laws.

To accomplish its goals, the 14 member task force is divided into three subcommittees that focus on voting rights, registration, and access. In keeping with the council’s provision that no party can comprise more than two thirds of the task force, members include Democrats, Republicans, an Independent, and one member of the Green Party.

Stephen Mortellaro, who serves with Rooker on the Voting Rights Subcommittee, believes that communities have a key role to play in promoting and protecting the right to vote. “If we have groups of people who are disenfranchised… then we’re not really living up to the expectations of a democratic government,” said Mortellaro.

At a time when many jurisdictions around the country are making it more difficult to vote, the Montgomery County task force is striving for improved turnout, protected access, and expanded suffrage. “The Montgomery County task force is an example of how local government can counteract negative trends in practice and law, and spark a new suffrage movement -- and the county’s not alone,” Said Rob Richie, FairVote Executive Director.

Local governments, campuses, and organizations across the country are working to advance pro-suffrage measures. Takoma Park, MD, and Prince George's County, MD, passed right to vote resolutions in 2013. In 2014, two Florida universities adopted these resolutions and the Florida State Legislature is considering a statewide resolution. Several resolutions and task forces are in the pipeline in states like Massachusetts, Wisconsin, Virginia, and North Carolina, as well as in Washington, DC.  

Learn more and get involved at www.promoteourvote.com