Commentary Magazine


Topic: voting rights

If Cochran Loses, It Isn’t a Revolution

Today’s Mississippi Republican senatorial primary is being billed as a potential revolution for Republicans in the state and the nation. The smackdown between six-term incumbent Thad Cochran and challenger Chris McDaniel is seen in many quarters as nothing less than a clash of political civilizations as the establishment attempts to hold back the rising tide of Tea Party insurgents.

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Today’s Mississippi Republican senatorial primary is being billed as a potential revolution for Republicans in the state and the nation. The smackdown between six-term incumbent Thad Cochran and challenger Chris McDaniel is seen in many quarters as nothing less than a clash of political civilizations as the establishment attempts to hold back the rising tide of Tea Party insurgents.

If you watch some of the ads being aired in the state as well as listen to the comments from many in the state’s party establishment, it’s easy to see why so many people are viewing it in this manner. The race turned ugly months ago and has gotten progressively nastier after McDaniel fell a hair short of a clear majority in the initial primary forcing today’s runoff with Cochran. Some of the Republican primaries that took place earlier in the year were seen as indicating that the Tea Party had run its course and that moderates were still in control of the GOP. But the defeat of House Majority Leader Eric Cantor in his Virginia primary earlier this month and the prospect of McDaniel winning today has the party establishment back in panic mode talking about revolutions and worrying that a few more such defeats for their preferred candidates will doom the Republicans.

The talk about the death of the Tea Party was not so much premature as it was misleading since virtually all Republicans now subscribe—or at least pay lip service—to the cause of limited government and scaling back the nation’s addiction to taxes and spending. But as in the Cantor race, where a national figure found himself out of touch with his party’s grass roots, what’s going in Mississippi isn’t so much a revolution as it is the oldest story in politics. No one, not even longtime incumbents who act like university professors with tenure, is assured of victory when faced with a spirited challenger who is a fresh face.

This is a basic political truth that a lot of the so-called Republican establishment, especially in Mississippi, seem to have forgotten. Just because Thad Cochran has been in the Senate for 42 years doing more or less what he thought his constituents wanted him to do doesn’t mean that he hasn’t passed his political expiration date. Voters get tired of the same old thing in the same old package and sometimes prefer the younger, more dynamic voice. They also sometimes change their minds about what’s really important.

Cochrane has spent his career helping his state use the federal government as an ATM as Mississippi gets far more money from Washington than it pays into the system. But even in a state that has clearly benefitted from Congress’ out-of-control spending habits it is possible for voters to think this isn’t the way to run a railroad. Cochran still doesn’t seem to understand that bringing home the bacon isn’t a guarantee of reelection and even speaks at times as if he thinks its unfair that some in his party hold his role in the expansion of government power against him.

In short, what may be happening in Mississippi isn’t so much the Deep South version of the storming of the Bastille as it is the very American ritual of voters throwing out a politician who has lost touched with his base. Doing so doesn’t so much indicate that Republicans are getting extreme as it does that Cochran, as opposed to other longtime incumbents—like Wyoming’s Mike Enzi—who have maintained their grasp of local political realities, stayed too long in the fray. Like all last hurrahs, the leave taking may be painful for all involved but the end of the story is inevitable. McDaniel’s victory won’t mean his party has gone over the edge. Nor will it, despite Democratic hopes, necessarily put this ultra-red state in play this fall. But it will show that the establishment should have nudged Cochran out rather than going down fighting with him.

That said, there is one caveat to be mentioned in any discussion of this race and whether a McDaniel victory will hurt his party. Cochran has cynically attempted to get black Democrats to cross party lines and vote for him today. I doubt he will have much success in doing so, but the reports about the McDaniel camp setting up poll watchers to prevent voters who cast ballots in the Democratic primary from taking part in the GOP runoff is potential political dynamite. If any of McDaniel’s Tea Party supporters are seen to be harassing blacks trying to vote today in Mississippi of all places, the Republican Party will never live it down. If McDaniel has any brains, he will tell his people to stand down and to avoid interfering with anyone trying to vote. If he doesn’t, the optics will be so bad that it will not only affect that state’s politics but that of the entire country.

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Voting Rights and Proof of Citizenship

Liberals are expressing outrage today about the court ruling that a federal agency is required to help Kansas and Arizona ensure that those registering to vote are citizens. The case decided in a U.S. district court in Wichita revolved around the U.S. Election Assistance Commission’s decision to deny the requests from the two states that proof of citizenship be added to a national voter registration form when distributed in Kansas and Arizona. Judge Eric F. Melgren rightly ruled that the agency had no authority to tell the states their requests were invalid. He noted that the decision by the election commission to deny the states’ requests was “unlawful and in excess of its statutory authority.” This is a phrase that could well be applied to a great many other Obama administration decisions and executive orders.

In its ruling on Arizona’s controversial immigration law last year, the U.S. Supreme Court made it clear that only Congress could determine the rules for voting in federal elections. But significantly, it also determined that states had the right to demand proof of citizenship in state and local elections. The federal registration form only asks those registering to affirm that they are citizens. Kansas and Arizona want those seeking to vote to prove it and unless a higher court overrules Melgren, that principle has upheld.

While this case is being largely viewed as part of the ongoing debate about illegal immigration, it should also be understood as integral to the equally contentious question of whether states may require potential voters to produce photo ID. As such, liberals and Democrats are worried that the decision will impact this year’s election. But those arguing against the ruling need to answer the same question that voter ID opponents do their best to avoid: what is wrong, let alone illegal, about asking a voter to produce proof of their identity?

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Liberals are expressing outrage today about the court ruling that a federal agency is required to help Kansas and Arizona ensure that those registering to vote are citizens. The case decided in a U.S. district court in Wichita revolved around the U.S. Election Assistance Commission’s decision to deny the requests from the two states that proof of citizenship be added to a national voter registration form when distributed in Kansas and Arizona. Judge Eric F. Melgren rightly ruled that the agency had no authority to tell the states their requests were invalid. He noted that the decision by the election commission to deny the states’ requests was “unlawful and in excess of its statutory authority.” This is a phrase that could well be applied to a great many other Obama administration decisions and executive orders.

In its ruling on Arizona’s controversial immigration law last year, the U.S. Supreme Court made it clear that only Congress could determine the rules for voting in federal elections. But significantly, it also determined that states had the right to demand proof of citizenship in state and local elections. The federal registration form only asks those registering to affirm that they are citizens. Kansas and Arizona want those seeking to vote to prove it and unless a higher court overrules Melgren, that principle has upheld.

While this case is being largely viewed as part of the ongoing debate about illegal immigration, it should also be understood as integral to the equally contentious question of whether states may require potential voters to produce photo ID. As such, liberals and Democrats are worried that the decision will impact this year’s election. But those arguing against the ruling need to answer the same question that voter ID opponents do their best to avoid: what is wrong, let alone illegal, about asking a voter to produce proof of their identity?

The answer from the left is twofold. On the one hand, they continue to assert that there is no such thing as voter fraud in the United States. On the other, they claim that requiring voter ID and now proof of citizenship disproportionately affects the poor, the elderly, and all those who might not have proper identification even though they are U.S. citizens who are eligible to vote.

Though widely repeated, the first claim is preposterous. Voter fraud is hard to detect (especially in districts where the legal authorities are affiliated with parties that hope to benefit from illegal votes). Assuming that the lack of prosecutions for such crimes is due to its nonexistence is a proposition that requires us to forget everything we know about American political history as well as human nature. Protecting the integrity of the vote is vital to the defense of democracy. Treating measures designed to ensure that only those who are registered or citizens are voting as political ploys rather than reasonable measures supported by the vast majority of Americans is absurd.

It is true that voter ID or proof of citizenship might inconvenience some legal voters. But states that have passed such laws also have provided citizens with means of obtaining alternatives to driver’s licenses or lost passports. The point is, anyone who is entitled to vote and wants to can almost always find a way to do so legally.

Voting should not be made onerous, but there is something slightly disingenuous about the arguments claiming that a requirement for a voter ID or proof of citizenship is a racist plot to deny the franchise to minority groups. Polls have consistently shown that the vast majority of Americans, including minorities, think there is nothing unreasonable about being asked to produce the same kind of ID that is required to purchase prescriptions, cigarettes, beer, perform the simplest bank transaction, or board an airplane when doing something that is arguably a lot more important, like voting.

There’s little doubt that most Americans are just as dubious about the idea that proof of citizenship is a minor detail that should be ignored by authorities in charge of voting. Whatever your opinion about immigration reform or the rights of illegals, if Democrats think they can rally public opinion around the notion that the government should not interfere with non-citizens attempting to vote, they are taking a stance that is as indefensible as it is politically unpopular. A state that is indifferent to non-citizens who commit fraud to vote in effect denies legal voters meaningful exercise of the franchise/right to vote.

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