[EL] AALS program on "voter suppression"

[Rick Hasen]

I think it is pretty clear that the term "voter suppression" is one used 
only by the left to describe a host of laws which have been put in place 
in the name of promoting election integrity or preventing fraud.  One 
may be skeptical (as I am) of whether these laws do much to promote 
election integrity or prevent fraud.  I also believe that some, but not 
all, the people who support such laws do so out of an intent to suppress 
votes likely to skew Democratic.  (I have considerable doubts as to 
whether these laws actually suppress many Democratic votes---see chapter 
3 of my book.)  But many people support these laws out of a (perhaps 
misguided) belief they are necessary to prevent fraud.  Those people are 
not trying to suppress anyone's vote, even if that may be an effect.

But my bottom line is that to use the politically charged language of 
"voter suppression" in the context of an academic conference is a big 
mistake---signaling that the AALS, or at least the panel organizers, 
have taken sides in a very contentious debate.

Rick



On 9/5/12 12:31 PM, Doug Hess wrote:
> Regarding the announcement of a Professional Development Hot Topic
> Workshop on "Voter Suppression and the 2012 Election":
>
> I don't know what "professional development workshop" means for the
> AALS, but if there are lawyers working on making sure people do not
> face discrimination or other illegal barriers at the ballot box, then
> I don't see what the objection is. Why is it considered unsuitable to
> describe something, even if you think it is very rare? There are cases
> of voter suppression out there instigated by various groups in various
> states. Courts have ruled on these issues. A variety of historians and
> other academics have also documented these cases. A great many civil
> rights groups participate in coalitions, working groups, etc. on these
> issues. Although you may think the phrase is used too broadly (i.e.,
> to cover  points of disagreement on election policy), I don't see  why
> you should assume at the outset that the term should not be used.
>
> Is there something about AALS workshops that make this more
> objectionable than what it appears on the surface? I guess I'm
> thinking of this title from the point of view of an social science
> conference. People could debate the existence (or not) as well as the
> nature, scope, consequences, etc. of any suppression under a panel
> with that name. But even if the workshop is to train or educate people
> about the possibility of voter suppression, are you really telling me
> that you don't think there has been ANY in recent years?
>
> Sorry if there is some history to AALS that I don't "get" that makes
> Mark and Rick skeptical or put-off by this title. It seems straight
> forward: voter suppression happens, lawyers should discuss it.
>
> Can you explain why this is an inappropriate title? It may be a great
> workshop or a horrible one, but the title alone does not seemt to
> indicate anything other than a general category of law...one that is
> in the press alot and that will come up in 2012.
>
> -Doug
>
> As background, a snippet from Mark's original post:
>
> "I wonder whether it is appropriate for the AALS to use the phrase
> “Voter Suppression” in the description of the program. That seems to
> presuppose that proponents of voter id laws and perhaps other voting
> regulations (such as active review of voter rolls to eliminate dead or
> ineligible persons) are engaged in voter suppression. it also makes me
> wonder whether the program will be at all balanced. You would hardly
> want to balance a program by including people who want to engage in
> voter suppression, would you? I’d think inclusion of the phrase
> “voting integrity”  would have signaled a more balanced approach. I’m
> also not sure that this topic is ordinarily one that a “Professional
> Development” committee would deal with. Perhaps the scope of that
> committee’s responsibilities is broader than the name suggests.
>
> MarkS. Scarberry
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-- 
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
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