ALEC Exposed: Rigging Elections
This article is part of a Nation series exposing the American Legislative Exchange Council, in collaboration with the Center For Media and Democracy. John Nichols introduces the series.
In the heat of Wisconsin’s brutal battle over Governor Scott Walker’s assaults on unions, local democracy, public education and social services, one of his closest allies suddenly shifted direction. State Representative Robin Vos, Republican co-chair of the powerful Legislative Joint Finance Committee, determined that making it harder for college students, seniors and low-income citizens to vote was an immediate legislative priority, and pressed lawmakers to focus on enacting one of the most restrictive voter ID laws in the nation.
As ALEC’s chair for Wisconsin, Vos was doing what was expected of him. Enacting burdensome photo ID or proof of citizenship requirements has long been an ALEC priority. ALEC and its sponsors have an enduring mission to pass laws that would make it harder for millions of Americans to vote, impose barriers to direct democracy and let big money flow more freely into campaigns.
Republicans have argued for years that “voter fraud” (rather than unpopular policies) costs the party election victories. A key member of the Corporate Executive Committee for ALEC’s Public Safety and Elections Task Force is Sean Parnell, president of the Center for Competitive Politics, which began highlighting voter ID efforts in 2006, shortly after Karl Rove encouraged conservatives to take up voter fraud as an issue. Kansas Republican Kris Kobach, who along with ALEC itself helped draft Arizona’s anti-immigration law, has warned of “illegally registered aliens.” ALEC’s magazine, Inside ALEC, featured a cover story titled “Preventing Election Fraud” following Obama’s election. Shortly afterward, in the summer of 2009, the Public Safety and Elections Task Force adopted voter ID model legislation. And when midterm elections put Republicans in charge of both chambers of the legislature in twenty-six states (up from fifteen), GOP legislators began moving bills resembling ALEC’s model.
At least thirty-three states have introduced voter ID laws this year. In addition to Wisconsin, Alabama, Kansas, South Carolina and Tennessee have passed similar bills. Only a veto by Democratic Governor John Lynch prevented New Hampshire from enacting a law the Republican House speaker admitted was advanced to make it harder for “liberal” students to cast ballots, and that one state representative described as “directly attributable to ALEC.”
ALEC’s goal is to influence not just state politics but also the 2012 presidential race, to “give the electoral edge to their preferred candidates,” as Cristina Francisco McGuire of the Progressive States Network pointed out in March. “It’s no coincidence that they are waging the fiercest of these battles in states that are also the likeliest battleground states in 2012, where suppressing the youth vote could have a dramatic impact,” she wrote. The one class of voters that ALEC seeks to protect with resolutions and model legislation—overseas military voters—happens to be likely to vote Republican.
Beyond barriers to voting, ALEC is also committed to building barriers to direct democracy. Horrified by the success of living-wage referendums and other projects that have allowed voters to enact protections for workers and regulations for businesses, ALEC’s corporate sponsors have pushed to toughen the rules for voter initiatives. “The legislative process should be the principal policy-making vehicle for developing state law,” declares one 2006 resolution, which specifically mentions concerns about state minimum wage laws, taxation and “the funding of other government programs and services.” ALEC’s Resolution to Reform the Ballot Initiatives Process recommends making it harder to qualify referendum language and suggests that proposals on fiscal issues should require supermajorities to become law.
ALEC is also determined to ensure that citizens do not have the final say on who is elected president, an agenda outlined in such documents as its Resolution in Support of the Electoral College and its ardent opposition to the National Popular Vote project (which it has warned would “nationalize elections and unravel Federalism”). A related resolution encourages state legislatures to formally complain that an interstate compact to defer to the popular will “would allow a candidate with a plurality—however small—to become President.” While ALEC worries about the candidate with the most votes winning, it has no problem with policies that increase the likelihood that the candidate with the most money and corporate support will prevail. Its 2009 Resolution Supporting Citizen Involvement in Elections bluntly “opposes all efforts to limit [citizen] involvement by limiting campaign contributions.” A resolution approved last year expresses support for the Supreme Court’s Citizens United ruling. ALEC even opposes moves to give shareholders a say in the expenditure of corporate funds on campaigning. At the same time, ALEC urges legislators to fight the “federal takeover” of state election procedures, objecting in particular to universal standards for voting procedures.
Of course, ALEC is not opposed to uniformity in election procedures as such. It just wants the rules to be set by CEOs, campaign donors and conservative legislators. Restricting voting and direct democracy while ensuring that corporations can spend freely on campaigning makes advancing the conservative agenda a whole lot easier. “Once they set the rules for elections and campaigns,” says Wisconsin State Representative Mark Pocan, a longtime ALEC critic, “ALEC will pretty much call the shots.”