Why Voting in This U.S. Election Will Not Be Equal | 2020 Elections

The New York Times
28 Sept 202015:15

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Transcripts

play00:00

“Seven hours, 45 minutes, and 13 seconds

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it took for me to vote in Fulton County, Ga.

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As soon as I saw the line, I hit the stopwatch

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on my phone.

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I spent the first couple hours listening to a new

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Run the Jewels album.

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And then I ended up listening to the entire discography.

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And then I started watching season eight of

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‘Curb Your Enthusiasm.’

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And that’s five hours.

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It was one o’clock in the morning,

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and somebody was like, ‘Hey, y’all remember we came

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to vote yesterday, right?’”

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“Look at it.”

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When it comes time to vote in November, would

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you rather stand in a line like this …

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“Somebody please help us.

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We are at our polling place

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in Atlanta, Fickett Elementary School.

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The systems are down.”

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… or like this?

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“Oh look, there’s no line.

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There’s no line at all out here

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in suburban white country.”

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Seven years ago, a controversial Supreme Court

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ruling struck down a key part of the Voting Rights Act.

play01:07

“If you hear me, the voting machines were not working.”

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And after that, many states passed

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laws that ended up making it harder for people of color

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to vote.

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“We have all these barriers that aren’t

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in place for other people.

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It’s 2020.

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Why is it this difficult for someone to go to and vote?”

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To understand why, we go to Georgia.

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“I think Georgia has become a kind of hotbed for

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voting rights questions.”

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“How voting takes place has become

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one of the most explosive issues in Georgia.

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Georgia is the largest state by landmass east

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of the Mississippi River.

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It’s dominated by the reality of Atlanta.

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It’s multicultural.

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It’s growing.

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It's dynamic, this sort of throbbing megalopolis

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where you’re seeing Democrats in large numbers.

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And then beyond these urban centers,

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you have a much more traditional, rural Georgia,

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where you have seen a massive shift of white voting

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behavior from conservative Democrat

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to full-on Republican.”

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Georgia has historically been a pretty conservative state, but

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as it becomes more culturally and racially diverse …

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“In this presidential election,

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there is some thought that Democrats have a shot here.”

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… but one fact still remains.

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“Republicans control the State House.

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Republicans control the Legislature,

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and they are free, frankly, to implement the

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voting laws they see fit.”

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As Republicans fight to remain in control of the state,

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some say it’s no longer a fight over who

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people vote for, but who is allowed to vote.

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The U.S. Commission on Civil Rights,

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an independent federal agency, says

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these are the five most common voter suppression tactics.

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They happen across the country,

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but the only state that has ticked every box is Georgia.

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“The term voter suppression —”

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“Voter suppression.”

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“Voter suppression.”

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“Voter suppression.”

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”— embedded in that word is the very question of what

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the motivation is for these kinds of laws

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and procedures.”

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“The Republican argument, that they say,

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is that they are worried about voter security.

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They are worried about voter fraud.”

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“Voter fraud is all too common.”

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“We don’t have evidence of that.”

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“And then they criticize us for saying that.”

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“Federal law actually requires us to make sure

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that we keep our voter rolls updated, clean, fresh

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and accurate.”

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Secretary of State Brad Raffensperger

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is Georgia’s lead elections official.

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It’s his job to maintain the state’s voter lists.

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“Many people don’t realize that, nationwide, about 11 percent

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of all people move every year.

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And that’s why you want to update your voter rolls.

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We just send notices out to people that haven’t voted

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for a long period of time.”

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“There’s an argument to be made that purging voter rolls

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serves a legitimate purpose.

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And that is to make sure that people are alive.

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The counter-argument, of course,

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is that these voter rolls in some states

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are being aggressively purged by Republicans in an effort

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to keep them from coming to the polls.”

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In 2017, 560,000 voters were purged from Georgia’s

play04:14

voter rolls.

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A report later found that Black voters

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were purged at a higher rate in more than half

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of Georgia’s counties.

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“This is happening in the context of the American

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South, where there is a long and well-documented history

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of using trickery.”

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“The kind of Jim Crow-era — things like poll taxes —”

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“— voting tests, literacy tests to keep people of color

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away from the polls.”

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“You know, it’s important to recognize

play04:40

that, until the 1960s, African-Americans

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were pretty much shut out of voting

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in the state of Georgia.

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That began to change when the Voting Rights Act

play04:49

was passed in 1965.”

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“Voting Rights Act of 1965 basically says that states

play05:01

cannot make laws that infringe on people’s rights to vote.”

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A key part of the law with something

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called Section 5 preclearance, which said —

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“States with a history of racist legislation cannot

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make laws that infringe on people of color without

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the federal government’s permission.”

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After the Voting Rights Act passed in 1965,

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the number of African-Americans

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who registered to vote in Georgia doubled.

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“It changed Southern politics.”

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“At the most basic level, bigger participation

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from Black Americans.”

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And for a while, that’s how things went.

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But …

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“It’s not as if the South loved the preclearance.”

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Many of the states felt it was an unfair burden, especially

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when voter participation increased.

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“What was true is that they, frankly,

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couldn’t do much about it.”

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Well, until a challenge to the law

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brought the issue all the way to the Supreme Court.

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Announcer: “— the 1965 Voting Rights Act.”

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[crosstalk]

play05:55

“Shelby v. Holder.”

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Shelby v. Holder.

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“I just get wound up when you ask me about voting rights.”

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Here to help explain is Debo Adegbile,

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the lawyer who argued that preclearance was

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still necessary.

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But the other side argued that the standards

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used to measure discriminatory voting practices

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were outdated.

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In a 5 to 4 decision, the justices

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ruled to strike down the preclearance, which

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effectively meant that states could pass new voting laws

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without federal oversight.

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“So it was a resounding loss, and perhaps

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one of the most significant civil rights

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decisions of the United States Supreme Court

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in recent memory.”

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“The decision of Shelby took away

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the federal government’s most effective tool

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in regulating state voting rights.”

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“After the Shelby decision, there

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were almost immediate attempts to change the way voting works.”

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Some states passed voting legislation just hours

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after the ruling.

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Alabama implemented new voter ID laws.

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North Carolina eliminated seven days of early voting.

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And the list goes on.

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“Without the preclearance provision,

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there were many, many elections

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where those discriminatory laws affected our politics.”

play07:34

Voting rights advocates say this

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was a key ruling that had the power to impact

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the outcome of an election.

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And that’s what many believe happened in Georgia in 2018.

play07:44

“The governor’s race in Georgia in 2018 was …”

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“Bitter.”

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“On one side, you had …”

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“I’m Stacey Abrams, and I’m running for governor.

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I have a boundless belief in Georgia’s future.”

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“Her strategy was based on signing up people of color.

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And then on the other side …”

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“I’m Brian Kemp.”

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“— because you’re a proud, hardcore Trump conservative

play08:04

on spending, immigration and guns.”

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“So you had a secretary of state,

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who had come under criticism for voter suppression,

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running the election that he’s in.”

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“That puts them at odds.”

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“We’ve seen jurisdictions consolidate and close precincts.

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We’ve seen voter ID laws come into play.

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There was a system in Georgia called Exact Match, where

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if your information doesn’t 100 percent match databases

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that the state uses, that you can be purged from the

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voter rolls.

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That tends to target people with ethnic names.

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A lot of these new suppression schemes seem race-neutral,

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but they have the same impact.”

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“Georgia has 159 counties.”

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“It’s a staggering number of counties.”

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“And we are hearing reports from all over the state.”

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[phones ringing]

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“There was a county in Georgia called Randolph County.”

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“Randolph County tried to close seven out of nine —”

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“Seven out of the nine.”

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“— polling places in a county that’s 60 percent Black.”

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“Jeff Davis County polling location consolidations.

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I mean, I should say that, like, this

play09:15

could take a while.”

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“Chatham County allowed the city of —”

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[crosstalk]

play09:26

“Fighting voter suppression is very

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much like fighting a hydra.

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You chop off one head, and three grows in its place.”

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Here’s one impact: The 2017 Exact Match law prevented

play09:36

53,000 Georgians from having their registrations accepted.

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Nearly 70 percent were Black.

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“The evidence is very clear to us

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that the ones most impacted by these new laws

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are Black Georgians, are people

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in Democratic communities.”

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All of this results in a contested election.

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And then …

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“But I’m here tonight to tell you,

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votes remain to be counted.”

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“Make no mistake, the math is on our side

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to win this election.”

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“So Brian Kemp squeaks out a victory.”

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“And he is now the governor of Georgia.

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It was two figures who have represented

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the opposite sides of the voting rights argument.”

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“The question that dogged Georgia throughout 2018

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was whether or not these tactics

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were fundamentally fair.”

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“So what happened in 2018 really

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is a preview, where democracy is under a stress test.”

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One that may get even more stressed in the lead-up

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to 2020, with the added elements

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of coronavirus and a country on edge

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after nationwide protests.

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“If you want change in America,

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go and register to vote.

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Show up at the polls on June 9.”

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In April, in response to the pandemic,

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Georgia Secretary of State Brad Raffensperger

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sent out absentee ballot applications

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to nearly seven million registered voters

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in an attempt to reduce in-person voting.

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“And what that really has done is

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it’s taken the pressure off it today,

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so that instead of having those,

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you know, million people that were voted absentee

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show up today, we now have something

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that is more manageable.”

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But many of those absentee ballots were never delivered.

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In Atlanta, this contributed to Election Day wait times

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that were reminiscent of 2018 and 2016.

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“We got here before six o’clock this morning.”

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“Since six this morning.

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It’s almost 9 a.m., and I have not moved.”

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In Fulton County, Georgia’s largest, election director

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Rick Barron had to contend with both

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a 9,000 percent increase in absentee ballots,

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and the rollout of a new voting machine system.

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“We became an absentee-by-mail state.

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We still had to do our full complement of

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Election Day infrastructure.

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We did our early-voting infrastructure.

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And it stretched us.”

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With many usual polling sites, like churches and schools,

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dropping out because of the pandemic, an estimated 16,000

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voters in Fulton County were redirected here,

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to this restaurant, Park Tavern.

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“Take a look behind me.

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This is the Park Tavern precinct.”

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“This polling place is serving multiple locations

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that are supposed to be separate locations.”

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And these problems stretched all across metro Atlanta.

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“The impact of having problems at the voting

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booth in high-density areas in Georgia

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means that people of color are going to be

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disproportionately affected.”

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One study showed that in communities

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where more than 90 percent of registered voters

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were minorities, the average minimum wait time

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at the polls was 51 minutes.

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When whites made up more than 90 percent of voters,

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it was just six minutes.

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“So how are things running now?”

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“Well, by and large, they’re running very smoothly

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throughout the state, except, obviously, Fulton County has

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had multiple failures.”

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Each county in Georgia runs its own election,

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with Georgia’s secretary of state as the top official.

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But after the massive failures in the primary,

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a blame game commenced.

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“They should be embarrassed with their performance.”

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“Whatever Secretary Raffensperger’s opinion is,

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he’s the head election official in the state,

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and he can’t wash his hands of all the responsibility.”

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“In this environment, incompetence

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does have the effect of voter suppression.”

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Things would have looked different

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before the Shelby decision.

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Even in an emergency situation like

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the pandemic, the implementation

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of all of these changes —

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new voting machines, poll place closures

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and the absentee balloting — still would have required

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federal oversight through Section 5 preclearance,

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meaning voters of color would have had …

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“A front-end protection that stops discrimination

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before it can take root.

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What we’ve lost with the Shelby County ruling is

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that, now when changes are made to take account

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of the public health crisis, they are not

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being made toward, are those changes

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harming minority voters.”

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Which means …

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“Your only option, now, is to go case by case,

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to try and find every bad thing that’s happening

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and try and figure out if you can bring a case to stop it.

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That’s costly.

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Litigation is slow.

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Can they happen quickly enough in proximity

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to an election to make a difference?”

play14:07

“Voting rights and questions of voter suppression

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are not limited to the South.

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It’s happening in Texas, in Wisconsin, Ohio,

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Pennsylvania, and other places.

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The political power of 1776 to 1960

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was one that excluded huge communities of people

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in this country.

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And so history tells us the same thing

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the current day tells us.

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If you are Black, brown in this country,

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to exercise your democratic rights

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is harder than if you are white.

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It’s not just a foregone conclusion

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that everyone who is an American gets to vote.”

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“You know, this is America.

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We can put a Tesla in space, but we can’t vote?

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I mean, what do we think is going to happen in November?”

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“This is Alex.”

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“And I’m Kassie.”

play15:00

“We produced this episode of Stressed Elections.”

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“There’s a lot going on in this election,

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and we want to make sure we take a deep dive

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into the major issues.

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So stick around for the next episodes.”

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“We’re going to cover voting technology, disinformation

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and voting by mail.”