Saturday, December 29, 2018

Voting in a Flawed Democracy


 
Aside from little anomalies – like a state with fewer than 600,000 residents has the same number of U.S. Senators as a state with over 38,000,000 residents or that for decades, it’s been deemed acceptable for incumbent parties to redraw congressional voting districts to disenfranchise those who support the “other” party – elections in the modern era bear little or no resemblance to how we used to vote or what most Americans really expect from the democratic process.
Sensing a massive demographic shift – younger and more ethnically diverse voters slowly replacing older white Christian traditionalists – the GOP sees the writing on the wall; their constituency is fading fast. They are conferring among themselves, trying to find ways to embrace an increasingly alienated constituency of women and younger voters. Unfortunately, their policies cannot do that. The easier button is to further distort the election process.
Since the majority of legislatures, governorships, the presidency, both houses of Congress (soon to be only the Senate – the only one that approves federal judicial appointments) are Republican, the GOP is gearing up to stay in power like never before. With the President’s support, they are first making sure that minorities and those unlikely to vote Republican are marginalized by the upcoming 2020 Census. To deter minority participation, the Census form asks questions of immigration status, and funding for outreach programs (those intended to identify minority members and the poor) has been cut to the bone.
To make voting more difficult for minorities, many state election commissioners and Secretaries of State are adopting all kinds of little subterfuges to keep non-Republicans off the voting rolls. Like requiring street addresses on voting records, knowing that many Native American tribal communities don’t utilize traditional streets to locate their residents. Or moving voting districts far away from minority communities into lily white neighborhoods where those minorities are truly unwelcome (not to mention the difficulty in getting to the polls). Alabama recently dumped voters whose names did not precisely match the registered names, coincidentally a factor where 70% of those disqualified just happened to be minorities who tend to vote Democratic.
And of course, there’s good old-fashioned gerrymandering, which the courts have side-stepped for most of this nation’s history, only recently challenged when the underlying motivation was naked racism. I’ve blogged on this subject incessantly, so if you want my most recent effort, look at my September 27th blog, Excluding Voters: How to Make America Grate. Will the Supreme Court address self-admitted voter suppression against those who oppose the incumbent party? Stay tuned. There is absolutely neutral and reliable software than can identify when a district is gerrymandered (the “efficiency gap”) and can redraw district lines to reflect actual voter sentiments.
But so much else has changed. From the 2010 Supreme Court ruling in Citizens United vs Federal Election Commission ­– which took out statutes imposing spending caps on corporations and organizations supporting candidates (other than those directly controlled by the candidate) and political causes – to the 2013 case of Shelby County vs Holder – which lifted the provisions of the Voting Rights Act that mandated federal supervision of specified states with horrific voter exclusionary policies – the Supreme Court has empowered rich contributors and miscreant states with voter exclusion in mind, giving them almost a carte blanche to distort, exclude, overwhelm and manipulate. The lifted federal oversight resulted in an instantaneous reversion towards voter suppression in those specified states.
We can also add a litany of distortions enabled in a digital universe. Tracking private individual communications and postings across social networks to identify political sentiments and then robo-tailoring messages to pander to such voter’s political and social bias and weaknesses. Countries like Russia using sophisticated algorithms to penetrate those same social networks to inflame voters, create new biases and conspiracy theories with disinformation and foment false suspicions of each other and those they wish to crush. It seems to work quite well.
Lame duck legislatures facing governors-elect from the opposing party have recently taken to passing last-minute legislation to disempower the incoming governor. In December of 2016, a North Carolina Republican legislature facing an incoming Democrat-elect governor (Roy Cooper) hastily passed a sweeping package of restrictions on the power of the governor’s office. The outgoing and defeated Republican Governor, Pat McCrory, quickly signed the bill into law.
The Republicans “deprived Cooper of his authority over the state elections board, preventing him from restoring voting rights throughout the state. They also denied Cooper the ability to appoint hundreds of employees to the executive branch in an effort to immobilize it, and packed state commissions with allies. Later, they restructured the judiciary to preclude Cooper from appointing judges, attempted to throw state Supreme Court elections, slashed the budget of his attorney general, and barred the governor from suing to block unconstitutional laws.” Slate.com, December 3rd. North Carolina is also subject to several gerrymandering cases wending their way through the courts. Courts are also addressing the above-noted legislative attempt to limit Cooper’s governorship, leaning towards banning such lame duck actions. But that’s not enough to stop others from trying.
Enter Wisconsin, facing its own set of judicial challenges based on gerrymandering. “Last month, Wisconsin voted to replace Republican Gov. Scott Walker with Democrat Tony Evers. GOP legislators… have proposed a series of bills to strip Evers of power in the lame-duck session. In other words, Wisconsin Republicans have adopted the North Carolina playbook for a legislative coup to kneecap an incoming Democratic governor before he even takes office…
“Republicans seek to accomplish three broad goals: manipulate the 2020 state Supreme Court election; rob the governor and attorney general of their executive authority; and curb voting rights. If passed, these proposals would constitute a sweeping overhaul of the Wisconsin government, illegitimately entrenching Republican control.” Slate.com. The legislation would delay an election for a new Supreme Court judge to a very inconvenient time resulting in a reduced turnout. Noting the statistical reality that Democratic voters tend to opt for early voting in substantial numbers over Republicans, legislature wants severely to limit such early voting.
Wisconsin “[Democrat Governor-elect Tony] Evers and [Democrat Attorney General-elect Josh] Kaul rode to victory partly on their promise to withdraw from multistate litigation seeking to invalidate the Affordable Care Act’s most popular provisions, such as protections against pre-existing conditions. Now Republican legislators seek to prevent this withdrawal by transferring law enforcement authority to the legislature. Special Session Bill 2 would require the governor and attorney general to obtain explicit legislative approval before withdrawal from the suit—which the legislature is certain to withhold.
“But the bill goes much further than that: It also abolishes the principle that the attorney general represents the state in litigation. The bill authorizes legislative leadership to hire private lawyers, using taxpayer money, to defend state laws in court when legislators do not trust the attorney general to litigate a case. It also makes it difficult for the attorney general to operate by eliminating the office of the solicitor general, which oversees high-profile cases. Finally, the bill bars the attorney general from reaching settlements without legislative consent, while moving settlement and victory funds from the attorney general’s purview to the legislature’s general fund.” Slate.com. Simply, if the Democrats do get elected high-ranking office, let’s make sure they cannot do anything without Republican approval.
I am reminded of the fact that “The US has been downgraded to a ‘flawed democracy’ from a ‘full democracy’ by the Economist Intelligence Unit in its 2016 ‘Democracy Index’ report… Although the report's publication comes shortly after the election of President Donald Trump, the EIU analysts write that the US was not downgraded because of him. Rather, they argue, his surprise election was an effect of the underlying causes that led the EIU to downgrade the US.

“According to the EIU, ‘full democracies’ are countries in which basic political freedoms and civil liberties are respected, and are ‘underpinned by a political culture conducive to the flourishing of democracy.’ The government functions satisfactorily; media are independent and diverse; the judiciary is independent and their decisions are enforced; and there's an effective system of checks and balances…
“The analysts write that a key factor in the drop [of status] was Americans' growing distrust in governmental institutions… ‘Popular trust in government, elected representatives, and political parties has fallen to extremely low levels in the US. This has been a long-term trend and one that preceded the election of Mr. Trump as the US president in November 2016,’ they write.” Business Insider, 1/25/17. Makes you go all warm and fuzzy inside, doesn’t it? And if it was bad in 2016…
              I’m Peter Dekom, and if you want a textbook view of how nations unravel and then fall apart, read the news right here in the United (??) States of America.

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