COMMENTARY

New bills boost legislators' attack on democracy

Jocelyn Benson
Free Press guest writer

It’s beginning to look a lot like open season on our democracy.

The cacophony surrounding the 2016 presidential election is reaching terrifying new heights. The U.S. Supreme Court just heard arguments in a case that may upend the long-held constitutional promise of one person, one vote. And a flurry of disastrous changes to election laws are sailing through the Michigan Legislature that collectively make voting more chaotic and confusing for Michigan voters.

One bill, en route to Gov. Rick Snyder’s desk, would eliminate straight-ticket voting, which gives voters the choice of voting for all candidates from one political party by checking one box on their ballot. It eliminates the need to check every box on a lengthy ballot by giving the choice to vote for numerous offices at once. It enables citizens to cast votes efficiently and comprehensively and minimizes long lines on Election Day.

The vast majority of Michigan voters and clerks oppose the bill. Voters in Michigan rejected a similar legislative proposal in 2002. Election officials from across the state testified for nearly two hours before a House committee warning it will lead to longer lines on Election Day. Yet both the House and Senate passed the law and, if the governor signs it, it will be in place for next year’s presidential elections.

The House also voted for a misleading reform masquerading as “no-reason absentee voting.” That bill would add additional identification requirements to those wishing to vote absentee in person at their local clerk’s office. It still would require voters who request their absentee ballot via the mail — as most do — to state a valid reason to receive their ballot. And there is no evidence that this reform would eliminate fraud in the absentee voting process.

Not to be outdone, the state Senate last week voted to endorse and expand one of the least popular decisions in the history of the U.S. Supreme Court, Citizens United v. FEC. The court’s 2011 decision, which nearly 80% of Americans oppose, according to recent a Bloomberg poll, overturned a long-established ban on corporate contributions to political campaigns and led to an unprecedented influx of money into the elections process. The state Senate proposal enshrines the decision in state law, enabling state-level super PACs to spend unlimited money on our elections while eliminating the requirement that they identify themselves on the political ads they fund.

The cumulative impact of these changes will be disastrous for Michigan voters. They will experience longer lines on Election Day, increased confusion over voting absentee and a flood of misleading election ads funded by anonymous donors.

In other states, democracy is faring better. Leaders from both parties are working to develop solutions to make elections more accessible, efficient and secure. Legislators in Oregon and California recently adopted laws to automatically register eligible citizens to vote, increasing the accuracy and decreasing the costs of managing their voter rolls. Twenty-six states allow voters to register online, and 27 allow all the convenience of voting in person or via mail prior to Election Day.

Yet in Michigan, legislative leaders are inexplicably moving us in the opposite direction, altering our election rules to make participation harder, against the wishes of voters and election officials. Is it any wonder that, just last month, a national report from the Center for Public Integrity declared Michigan’s government to be the least transparent and accountable in the country?

Jocelyn Benson is a national election expert and author of “State Secretaries of State: Guardians of the Democratic Process.” She serves as the dean of Wayne State University Law School.