Skip to comments.Florida Forever - The political urban legend that facts won't kill
Posted on 03/09/2004 8:33:33 AM PST by So Cal Rocket
Several pundits have predicted that there will be a huge turnout for the Florida Democratic primary Tuesday, particularly among black voters. This, despite the fact that John Kerry has effectively secured the nomination.
The reasons are twofold: (1) Democrats will make every effort to get out the vote to demonstrate that Florida will be in play during the general election; and (2) black voters, incensed that they were systematically harassed, intimidated and prevented from voting in the 2000 presidential election the "stolen" election will stream to the polls in droves.
The second reason is a political myth repeated ad nauseum during the Democratic presidential primary. But political myths can overcome facts through sheer repetition: The New Deal ended the Depression; tax cuts caused budget deficits in the eighties, etc. These myths serve vital partisan imperatives especially when the policy cupboards of the partisans are bare or vermin-infested.
Even before the last vote had been cast in the 2000 presidential election, activists had descended upon Florida, claiming a widespread conspiracy to disenfranchise black voters. Allegations that state troopers put up roadblocks and checkpoints to prevent blacks from voting were rampant. Dogs and hoses were allegedly used to drive black voters from the polls. Bull Connor's heirs had been unleashed all at the direction of Governor Bush and his sidekick, Secretary of State Katherine Harris.
The U.S. Commission on Civil Rights investigated over a six-month period beginning in January of 2001. Its 200-page majority report, "Voting Irregularities in Florida During the 2000 Presidential Election," excoriates Florida's election officials for various acts of misfeasance. But the conclusions drawn by the report often bore little relationship to the facts contained therein. And media descriptions of the report did little to dispel the widespread belief among the black electorate that blacks had been systematically targeted for harassment, intimidation and disenfranchisement.
Of course, very few actually read the report. But the handful that did (especially the incisive dissent authored by Commissioners Abigail Thernstrom and Russell Redenbaugh) discovered the astonishing mendacity underlying the myth.
There's absolutely no evidence that a single person was intimidated, harassed, or prevented from voting by Florida law enforcement. Despite claims of rampant police intimidation and harassment, the only evidence of law-enforcement "misconduct" consisted of just two witnesses who described their perceptions regarding the actions of the Florida Highway Patrol. One of these witnesses testified that he thought it was "unusual" to see an empty patrol car parked outside a polling place. There was no evidence that sight of the vehicle somehow intimidated the witness or any other voters from casting ballots. There was no evidence that the erstwhile occupant of the vehicle harassed voters. There was no evidence that the empty vehicle was there for the purpose of somehow disenfranchising anyone assigned to vote at that location.
The second witness had filed a highly publicized complaint with the NAACP regarding a police motor-vehicle checkpoint. In the hysterical recount period following the election the complaint took on a life of its own and apparently became part of the basis for the legend that legions of cops were harassing thousands of black voters throughout Florida.
The evidence, however, shows that the checkpoint in question was two miles from the polling place. Moreover, it was not even on the same road as the polling facility. During the checkpoint's approximately ninety minutes of operation, citations for faulty equipment were issued to 16 individuals, 12 of whom were white. The uncontroverted evidence shows that no one was delayed or prohibited from voting due to the lone checkpoint.
There's no evidence of systematic disenfranchisement of black voters. The myth of a nefarious plot to thwart black voters from casting ballots is wholly unsupported by the evidence. Inconvenience, bureaucratic errors and inefficiencies were indeed pervasive. But these problems don't rise to the level of invidious discrimination. (There was one case in which a black woman alleged that she was turned away from a poll at closing time whereas a white man wasn't.)
Much has been made of the "felon purge list", i.e., a list of those individuals who, under Florida law, were to be barred from voting due to felony convictions (see the "Felon Franchise). The list had been prepared to prevent the kind of fraud that had occurred in the infamous Miami mayoral election in which a number of ineligible felons voted.
The list was inaccurate; it included people who shouldn't have been on it. Thus, the myth holds that the purge list was somehow a tool to deny blacks the right to vote.
But facts are stubborn things. Whites were actually twice as likely as blacks to be erroneously placed on the list. In fact, an exhaustive study by the Miami Herald concluded that "the biggest problem with the felon list was not that it prevented eligible voters from casting ballots, but that it ended up allowing ineligible voters to cast a ballot" (This quote, as well as many of the facts contained herein, come from Commissioners Abigail Thernstrom's and Russell Redenbaugh's dissent to the Commission report.). According to the Palm Beach Post more than 6,500 ineligible felons voted.
State officials were not at fault for widespread voter "disenfranchisement". The myth holds that Governor Bush, in league with Secretary of State Katherine Harris, either by design or incompetence, failed to fulfill their electoral responsibilities, resulting in the discriminatory disenfranchisement of thousands of black voters. This was purportedly a key to the overarching Republican plot to steal the election from Al Gore.
Again, reality intrudes. The uncontroverted evidence shows that by statute the responsibility for the conduct of elections is in the hands of county supervisors, not the governor or secretary of state. County supervisors are independent officers answerable to county commissioners, not the governor or secretary of state. And in 24 of the 25 counties that had the highest ballot-spoilage rates, the county supervisor was a Democrat. (In the remaining county the supervisor was not a Republican, but an independent.)
Moreover, as is simply put by Commissioner Thernstrom, voter error is not the same thing as "disenfranchisement." Even if more black than white voters spoiled their ballots by mistake, that's not evidence of a scheme to discriminate on the basis of race, and it certainly doesn't evoke images of dogs and fire hoses.
After issuance of the commission's report some diehards, perhaps realizing that history frowns on demagoguery, desperately sought any facts that might support the myth. The Justice Department was pressed for action.
The Justice Department conducted a thorough investigation. The result:
The Civil Rights Division found no credible evidence in our investigation that Floridians were intentionally denied their right to vote during the November 2000 election. The Justice Department did find violations of the Voting Rights Act in three counties. The infractions were that some poll workers had been hostile to Hispanic voters, bilingual assistance hadn't been provided to two Haitian voters and some Hispanic voters had been denied bilingual assistance. None of the offending counties was controlled by Republicans.
Of course, there's a reason why charges of disenfranchisement have great traction among the black electorate. After all, the Voting Rights Act wasn't simply a piece of feel-good legislation. Poll taxes, literacy tests, and worse remain vivid memories for far too many.
That's precisely why baseless claims of voter harassment on the basis of race are particularly odious. They inflame racial tensions by perpetuating a belief that the shameful practices from two generations past continue unabated; that a virulently racist hegemony is forever poised to subjugate minorities.
The consequences of generating suspicion of the electoral process for the sake of partisan advantage are at once insidious and profound. They dangerously undermine the legitimacy of government and encourage rejection of its authority.
The myth is poisonous to society and democracy. Its antidote is a relentless, adamant repetition of the truth.
Peter Kirsanow is a member of the U.S. Commission on Civil Rights. A version of this piece was first published last year on NRO.
I live in a very conservative area, and the voter turnout at my precinct has been pathetic today (a county sales tax for land grab is on the ballot).
Good post. John Kerry is NOT good for America, the economy, military, the war on Terror, or Troop Morale!
Nasty John the Waffling French Undertaker, who is behind the atatacks on GWB's 9/11 ad, per NewsMax & the American Spectator & now the NY Post.
Kerry, who is personally endorsed by Yasser Arafat, Haiti's Aristide, Iran's Mullahs, Traitor "Red Jane" Fonda, Kim Jong Il, (& Kim Il Jong), Mugabe, Marxist thug Chavez of Venezuela, Castro of Cuba, & France's Jacques Chirac, is a weapon of mass economic destruction.
He'll destroy the troops in Iraq, the War on Terrorism,
& the U.S. stock market with all his negative talk and whiny-leftist-liberal sour-puss troop-bashing, Bush-bashing, America-bashing talk & self-aggrandizing, ultra-negative sourpuss whiny elitist personality.
Which is why Petah, Dan and Tom are working so hard to dispel this myth...
Yes, but he'll feel SO good about himself... ;-)
Every time this charge is raised, it abruptly meets a dead end when not one 'disenfranchised' black voter can be specified.
Is this Tuesday? Is there an election today. You couldn't tell by driving past polling places.
I thought 2002 was the year when florida democrats would roar back.
Mary Frances Berry and her Civil Rights Commission investigation into Florida 2000 were not able to find a single person, registered to vote, who was denied the ability to vote.
The problem we're dealing with is difficult for conservatives to grasp because conservatives prefer working with the facts and reality.
The thing is, many blacks and dems in Florida, at this point, actually remember the fire hoses and dogs being turned loose on them to prevent them from voting.
Think about that for a minute. It's a mind blowing thing actually.
They remember and live in a different reality than the one you and I live in. In that reality, Gore won by several hundred million votes but was dragged down kicking and screaming by Satan himself.
Dems don't experience reality the same way you and I do. It looks different to them as they experience it and it looks different in their memories. Physical laws of nature and facts are irrelevent to them.
That's what we're dealing with.
It is almost useless to try to use facts when arguing with a liberal.
TALLAHASSEE, Fla. (AP) - Suspended Broward Supervisor of Elections Miriam Oliphant has been charged with 55 counts of violating election laws. Oliphant, already facing a Senate trial for her conduct in office, is accused of not opening polls on time and not keeping them open late enough during the September 2002 primary.
Actually there was one group in Florida 2K who had their ballots invalidated, and obviously not by "mistake," since they had a spoilage rate Fifty Times higher than than others in their precincts: Black Republicans
Thanks for the link... I had a question in my mind when I went to that thread, expecting to find the answer there - but it wasn't - so I'll ask it here:
How can you tell if the ballot that was spoiled was from a black Republican vs. a black Democrat vs. a White Republican, etc? Don't we vote using secret ballots?
Whereas the shorter version (as published in the Los Angeles Times) simply said, "African American Republicans who voted in Florida were in excess of 50 times more likely than the average African American to have had a ballot declared invalid because it was spoiled," the AEI version says, "fifty-four to sixty-six times".
It would appear from this that they did some kind of analysis of the media recount ballot marking database that gave them these upper and lower bounds. I'd guess they inferred race from precinct percentages, and inferred party affiliation from down ballot votes.