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    A Historical Analysis Of Contemporary Voter Suppression Tactics Since Reconstruction

    Image Source: Johnny Silvercloud / Shutterstock

    A troubling but ongoing element of democracies is the notion that specific groups within the populace should be restricted from participating in elections (which is inherently undemocratic). Throughout history, nations professing to uphold democratic values have imposed stringent voting regulations based on criteria like citizenship, gender, and property ownership. In today’s world, the term universal suffrage commonly signifies the absence of voting limitations aside from age or legal status. The United States has a deep-seated history of both voting rights advancements and voter suppression, with many Americans being excluded from the definition of “voter” for a significant portion of that history.

    When certain demographics were eventually granted suffrage, extremist groups such as the KKK dedicated themselves to obstructing these individuals from showing up at polling stations and casting their votes. The KKK resorted to severe violence and intimidation as a means to achieve their objectives, but as Reconstruction progressed and leaders like President Ulysses Grant assumed power, the KKK’s efforts were hindered when using violence or threats to suppress electoral participation was declared illegal.

    Rather than fading away, however, the KKK merely adapted its strategies. In the late 19th and early 20th centuries, Southern states were predominantly under the control of White Southern Democrats, many of whom either held affiliations with the KKK or were at least sympathetic to its goals. These lawmakers enacted legislation that manipulated economic conditions, demographics, and exploited loopholes in existing voting rights protections to effectively restrict voting rights for Black Americans and other marginalized groups.

    Though the 15th Amendment granted Black men the right to vote, it did not guarantee their actual ability or opportunity to do so. A prevalent method of voter suppression following Reconstruction involved implementing literacy tests for voter registration. Individuals looking to register needed to pass a basic reading and writing examination, which might seem straightforward, but was exceedingly challenging for millions of newly educated Black Americans. To safeguard illiterate White citizens from exclusion, the so-called “understanding clause” permitted individuals to qualify if they could satisfactorily explain a portion that was read to them. In practice, local election officials abused these rules to the extent that they wielded considerable authority to grant or deny suffrage arbitrarily. Additionally, poll taxes were introduced in various Southern states, requiring citizens to pay a fee ranging from 2-6% of their income in cash before being allowed to vote. Advocates defended poll taxes as a means to fund more poll workers to combat voter fraud, yet the reality was that they effectively deterred Black Americans from voting while allowing poor White citizens to escape this burden if their ancestors had qualified to vote. Both literacy tests and poll taxes remained legal until the mid-1960s.

    Below are further examples of voter suppression tactics employed in the United States aimed at disenfranchising Black Americans and other minorities:

    • Felon disenfranchisement: Recall how Black Codes mandated that Black men possess a labor contract or face arrest for “vagrancy”? Vagrancy became a felony, along with other minor offenses like theft, which disproportionately affected Black or impoverished individuals struggling for survival. Southern legislatures revised their laws to disenfranchise felons, and when these laws were ultimately overturned, new laws emerged that required ex-felons to pay fines to regain their voting rights, as seen in Florida in 2018.[1]
    • Gerrymandering: This strategy has been utilized since the early years of the United States to favor one political party. In recent times, it has taken advantage of the racial segregation often found in American cities due to property values, occupation opportunities, and historical contexts. Gerrymandering involves state officials redistricting Congressional lines to include or exclude certain racial demographics. For those who wish to inhibit candidates supported by Black voters from prevailing, they might redistribute Black voters across multiple districts—solving their challenge by diluting their representation among predominantly White populations. Until 2013, states with histories of racial discrimination had to submit their redistricting proposals for federal review, but the Supreme Court’s ruling in Shelby County v. Holder abolished this requirement, allowing states to redraw districts with minimal oversight.[2]
    • Voter ID laws: This concept may appear straightforward. You might think, “Of course, you need to verify your identity to vote,” similar to other processes like renting a vehicle or purchasing alcohol. Nevertheless, voter ID laws are frequently enacted in ways that subtly target minority groups. For instance, in Texas, a handgun license is an accepted form of ID at the polls but a student ID is not. Additionally, over 80% of handgun licenses in Texas are held by White individuals, while more than half of college students do not identify as White.[3] Moreover, voters belonging to the global majority are less likely to own cars (resulting in no driver’s license or transport to the DMV), more likely to work longer hours (leaving little time to visit DMVs that operate during working hours), and more likely to reside in counties without DMV offices, which necessitates taking time off work and arranging transport just to obtain an ID card.
    • Polling places: Officials targeting minority voters often close polling locations in neighborhoods predominantly occupied by Black or Latino residents. This practice forces individuals to take extra time away from work to travel and wait in longer lines, complicating the voting process.or even impossible for individuals to incorporate voting into their daily routines. This challenge is particularly pronounced for those juggling multiple jobs, working long hours, or lacking access to a vehicle, all of which hinder their ability to reach polling places. Furthermore, state officials have employed more overt strategies aimed at undermining minority voters. A notable example occurred in March 2021 when Georgia, a state with a substantial Black demographic, enacted legislation prohibiting the distribution of food and water to voters waiting in line.[5] Such restrictions can disenfranchise vulnerable populations, including the elderly, pregnant individuals, those with health conditions, or those without reliable childcare who may need to bring children along.

    The KKK’s Influence in Politics and Law Enforcement

    You might be curious about the connection between voter suppression and the Ku Klux Klan (KKK) as well as domestic terrorism. Although the “first wave” of the Klan diminished after the Reconstruction era, the organization reemerged after World War I amid significant social changes in America, including Prohibition, the advancement of women’s rights, and a surge in immigration from war-torn Europe, as well as the perceived moral laxity of the Roaring ’20s. This version of the Klan became deeply intertwined with political life, with politics serving as its main avenue for pursuing its agendas throughout the 20th century. In certain states, the Klan wielded such influence over electoral processes that its members ascended to governorships and senate seats. Some officials may not have formally aligned with the Klan but accepted contributions or displayed indifference to the struggles of Black Americans, thereby enabling the enforcement of “separate but equal” legislation while believing that the “equal” clause freed them from racism accusations. The Klan’s prominence during the 1920s led to its being dubbed the “Invisible Empire” by Joseph Silverman, a rabbi from New York, in the publication The North American Review.[6]

    The KKK of the 20th century engaged in political processes partly in response to the criticisms it faced for its violent past during Reconstruction. This new, more ‘refined’ Klan participated in public events, organized charitable endeavors, and even established a women’s chapter promoting “family values.” Seemingly, the Klan had transformed from a violent paramilitary organization into a social and political group akin to others. However, the organization’s darker motives remained intact, albeit concealed behind ambiguous language and euphemisms that were more palatable in conventional political discourse.

    Following a period marked by corruption, crime, and violence within its ranks, the KKK dissolved around 1944 but made a violent comeback during the Civil Rights Movement of the 1950s and 1960s. By then, the KKK had aligned itself closely with law enforcement in several Southern states, resulting in infrequent prosecutions for their violent actions. The Klan also encouraged its members to join police forces, enabling them to exert authority over Black residents. Alarmingly, reports from the FBI in both 2006 and 2015 indicate that this infiltration of White supremacists within law enforcement remains a pressing issue.[7][8]

    The KKK exploited its members within police departments to perpetuate violence against Black people and their allies. In Meridian, Mississippi, in 1964, three young civil rights activists—Mickey Schwerner (24), James Chaney (21), and Andrew Goodman (20)—were abducted by the local Deputy Sheriff, taken to a secluded location, and murdered by Klansmen who awaited them.[9] Officer Cecil Price, responsible for their kidnapping under the guise of a traffic stop, faced charges only for violating the trio’s civil rights, escaping murder charges entirely. The local authorities absolved any suspects of murder, resulting in just seven of eighteen accused being convicted, with none serving more than six years. The extensive 44-day search for Schwerner, Chaney, and Goodman ultimately uncovered the remains of eight young Black men who had also gone missing that year but whose cases had been overlooked by local authorities and the FBI, unlike the inquiries regarding Schwerner and Goodman.[10]

    Schwerner’s widow, Rita, conveyed in the 2008 documentary “Neshoba: The Price of Freedom” that she believed Chaney, being Black, would not have gained national attention or prompt FBI involvement had he been the sole victim. The same documentary reveals the trial of Baptist minister Edgar Ray Killen, convicted in 2005 for manslaughter as the organizer of the murderers’ mob. Notably, Killen had been acquitted by an all-White jury in 1965 due to one juror’s reluctance to “convict a preacher.”[11]

    The tragic case of Schwerner, Chaney, and Goodman illustrates the stark failures of justice for KKK victims. Beyond the violence of the Klan and other White supremacist groups—responsible for the deaths and suffering of thousands—there must also be an acknowledgment of how many individuals have been systematically denied their voting rights due to the KKK’s actions and affiliates, which has significantly shaped the U.S. political landscape over the last century and a half.

    The third wave of the KKK sought (and continues) to validate its agenda by inserting itself into civic life and law enforcement. By pursuing political office, they gained the ability to influence legislation that impedes civil rights for Black Americans. Such positions bestowed legitimacy and authority, allowing the KKK and its supporters to manipulate state and federal laws, while recruiting police officers provided the physical means to enforce their racist and discriminatory agenda. Although the organization has diminished in size, estimates suggest it still encompasses between 3,000 and 6,000 members.

    Image Source: Johnny Silvercloud / Shutterstock

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