But even with the potential for intimidation at the polls, by far the greatest challenge to this year’s election will come from state and local governments themselves. The widespread, unfounded talk of election fraud pushed by Trump has been “a distraction from the real problems that voters face in communities around the country,” Clarke said. “There are voters in certain communities that are particularly vulnerable this election cycle in the wake of the gutting of the Voting Rights Act.”
This election marks the first presidential race since the Supreme Court’s 2013
decision in Shelby County v. Holder, which struck down a provision of the Voting Rights Act that required nine states and several jurisdictions with a history of racial discrimination to secure federal approval before changing election laws and procedures.
That decision was followed by a rash of measures across the country — some proposed within hours of the court’s ruling — restricting voting access for the minority voters the Voting Rights Act was originally intended to protect. Many of those measures have been challenged in court,
some successfully, but uncertainty over the new election rules has left voters confused and voting rights advocates scrambling to litigate every new attempt at restrictions.
At least
14 states have new restrictions in place this year, including voter ID laws, changes in registration requirements, and cuts to early voting options. In Maricopa County, the largest county in Arizona, officials closed 70 percent of the polling sites, causing long delays during the primaries and prompting a
DOJ investigation. In Florida and Ohio, officials tried to purge
thousands of mostly black voters from their rolls. As The Intercept has
reported, Missouri legislators even proposed changing the state’s constitution — which unlike the federal one includes an affirmative right to vote — in an effort to pass stricter voter ID laws. The proposed amendment will be on the ballot on November 8. The NAACP’s Legal Defense Fund maintains
a regularly updated tally of voter suppression efforts that is more than 100 pages long.
Not incidentally, the states that in recent years have been most adamant about restricting access to the polls are those that were previously covered by the Voting Rights Act’s federal oversight, as well as those seeing the growing political participation of minorities. According to research compiled by the
Brennan Center for Justice, of the 11 states with the highest African-American turnout in 2008, six have new restrictions in place, and of the 12 states with the largest Hispanic population growth between 2000 and 2010, seven passed laws making it harder to vote.
In light of the Shelby County decision, the DOJ has significantly
scaled backits election monitoring. In 2012, the agency’s observers monitored elections in 13 states. This year, they will be inside polls in only four states, only one of which, Louisiana, is in the South, where historically the federal government exercised broad oversight over voting rights.