New voter? Take a hike. It's now illegal to register. Netroots challenge: fix it!

In almost every one of the 22 states holding a primary election or caucus on February 5, democracy's door has already swung shut. With the most exciting presidential primary of the last two decades less than two weeks away, the new voters, the unregistered, those just now getting inspired and engaged in democracy's greatest opportunity and those who have moved since they last voted are now officially locked out of the primaries and caucuses.

What a shame.

It's illegal to register to vote for the primary at this point. It's illegal to register at your new address. This is a problem that should be at the top of our agenda to fix in the 43 states legislatures that do not extend same-day voter registration rights to their citizens. Can the netroots rise to fix this problem?

On February 5, potentially as many as half a million people will try to vote and be turned away. (No data to prove that, as the government doesn't keep records of the people who show up at their precinct polling place and ask if they are permitted to help elect their leaders and politely but firmly told to take a hike because they didn't register with the government ahead of time. But I'm confident that the numbers are significant. If it's a few people in each precinct, and we've got 100,000 or so precincts in the 22 states of Tsumani Tuesday, you can do the math).

In this day and age, there is simply no good reason to continue to disenfrachise people who want to vote.

And if you're concerned about voter fraud, then you're largely chasing a ghost. There just isn't any significant voter fraud in the United States due to same-day voter registration. Read the report from the Brennan Center for Justice on the topic, or from Demos before instinctively reacting with the fear of fraud.

Citizens deserve the right to pick the people who run the government, no matter when they decide to register to vote.

We ought to have a federal law to cover federal elections (something President Jimmy Carter proposed during his administration) and we ought to have campaigns in each of the 43 states to pass state legislation for same-day registration.

Will the Netroots Nation rise up to demand same-day voter registration rights from our elected officials? Count me in. How about you?

•  Tip jar. n/t

  by djwinfo on Thu Jan 24, 2008 at 07:10:57 AM PDT

  •  This Diary Is a Little Shy On Examples.

    You don't mention any states' cutoff dates.

    Same-day registration ought to be good for every primary.  Here in Iowa, you can register as you walk into the precinct caucuses.  

    If other states are not allowing this it makes you wonder why.

    by creeper on Thu Jan 24, 2008 at 07:59:55 AM PDT

    •  7 states allow same-day registration

      They are Iowa, New Hampshire, Wyoming, Montana, Wisconsin, Minnesota and North Dakota (actually, no voter registration required there, so the result is the same).

      Every other state has a period of time before the election of between two and four weeks where it is illegal to register to vote for the upcoming election.

      by djwinfo on Thu Jan 24, 2008 at 08:02:27 AM PDT

  •  You forgot one option in your poll.

    "My state already has same-day registration, and I supported it when it was passed."

    by DemocraticOz on Thu Jan 24, 2008 at 09:02:58 AM PDT

    •  Good point! n/t

      by djwinfo on Thu Jan 24, 2008 at 09:24:50 AM PDT

•  I Have No Problem...

  with registration in advance.

  It's not like the election is sprung as a surprise.

  by Mr X on Thu Jan 24, 2008 at 07:15:36 AM PDT

  •  If you believe this is class war....

    which side do you think is hurt by making it illegal to register?

    by djwinfo on Thu Jan 24, 2008 at 07:20:29 AM PDT

    •  ???

      The history of class war consists of cycles of increasing concentrations of wealth and power, interrupted every so often by a revolution.

      There is no way that allowing same day registration will have any effect on the class situation. I am not opposed to it, but I don't see it as an issue.

      The much bigger problem is that a huge portion of the disenfranchised don't vote at all.

      by Mr X on Thu Jan 24, 2008 at 07:26:51 AM PDT

  •  MA has run

    "participate! register to vote!" commercials on all local networks for the past three months.  MA has a motor-voter program too that lets you register when you renew your license.  

    It's not that difficult to register in advance.  I've never seen people turned away at the polls because they wanted to vote but hadn't registered.

    I did get turned away at the polls once, but that was a clerical error that was fixed within hours and I got to vote later in the day.

    by Tracker on Thu Jan 24, 2008 at 07:21:54 AM PDT

    •  I see it every election cycle

      Work an election and you'll see it -- especially where younger people live.

      Spend two hours during the morning or evening rush in your precinct and you will almost certainly see it.

      by djwinfo on Thu Jan 24, 2008 at 07:26:15 AM PDT

  •  Poll tax?

    I understand your irritation with people who can't seem to get it together until the day of the election, but doesn't the deadline amount to a poll tax? As it stands now, aren't we basically saying that if you do not invest your time by a specific date, you are justifiably disenfranchised?

    by iconoclastic cat on Thu Jan 24, 2008 at 07:22:43 AM PDT

    •  Yes

      by buddabelly on Thu Jan 24, 2008 at 07:42:38 AM PDT

    •  Hell, might as well have rolling elections.

      After all, by your logic, having to invest my time to show up at the polls on election day is a poll tax as well.

      by dennisl on Thu Jan 24, 2008 at 07:51:26 AM PDT

      •  Early voting is gaining steam

        so you won't have to be stuck in a long line on election day.

        by Prince Georges for Obama on Thu Jan 24, 2008 at 07:53:13 AM PDT

        •  I've never been stuck on line on election day.

          Ever.

          But, then again, I can't speak for everyone.

          by dennisl on Thu Jan 24, 2008 at 07:55:14 AM PDT

          •  I have

            Maybe you don't live in a big voting precinct.  Many of us do.

            by Prince Georges for Obama on Thu Jan 24, 2008 at 07:56:56 AM PDT

      •  That's a bit of a silly thing to write. nt

        by iconoclastic cat on Thu Jan 24, 2008 at 07:54:33 AM PDT

      •  Yep.

        I demand that a state election official show up at my doorstep to take my vote.  Anything else is a tax on the lazy.

        by burrow owl on Thu Jan 24, 2008 at 08:00:00 AM PDT

        •  If I can manage bank accounts online,

          why can't I vote from my kitchen table?

          by iconoclastic cat on Thu Jan 24, 2008 at 08:02:38 AM PDT

          •  We demand a right to vote in jammies!

            Anything else other than the state catering to our every whim is downright unamerican.

            by burrow owl on Thu Jan 24, 2008 at 08:08:17 AM PDT

            •  I got the joke the first time. What about online

              voting? Is it more of a risk than online banking?

              by iconoclastic cat on Thu Jan 24, 2008 at 08:11:15 AM PDT

              •  As long as the code is subpar, yep. nt

                by burrow owl on Thu Jan 24, 2008 at 08:41:00 AM PDT

        •  Sorry, too much work.

          The person who shows up should just KNOW what my votes are going to be. I don't want to actually have to TELL him! I got stuff to do, damnit.

          by dennisl on Thu Jan 24, 2008 at 08:16:10 AM PDT

    •  No.

      I don't know else to put it.  No, advance filing is not a poll tax.  A poll tax is a tax.  An advance filing requirement isn't.

      by burrow owl on Thu Jan 24, 2008 at 07:59:00 AM PDT

      •  Okay, I'll but that. So, is there anything

        wrong with an advance filing requirement or the requirement of picture IDs for early voting during primary elections?

        by iconoclastic cat on Thu Jan 24, 2008 at 08:04:23 AM PDT

        •  Yes: we are locking people out

          Presumably to let government officials get their act together.

          But we should expect more from our government.

          The right to vote is more important than the administrative convenience of our hard-working bureaucrats.

          Especially because election administrators in 7 states have figured out how run elections with same-day registration already.

          by djwinfo on Thu Jan 24, 2008 at 08:07:16 AM PDT

      •  Meant to say, "I'll buy that" nt

        by iconoclastic cat on Thu Jan 24, 2008 at 08:05:26 AM PDT

  •  Why is registration in advance a good idea?

    There seems to be no rationale for it.  What positive benefit does it give to society?  The only explanation I've heard is some elitist nonsense about it preventing people who don't pay attention enough until right before the election from voting, which is the antithesis of progressivism.

    by Prince Georges for Obama on Thu Jan 24, 2008 at 07:31:49 AM PDT

    •  Exactly n/t

      by djwinfo on Thu Jan 24, 2008 at 07:44:03 AM PDT

    •  plenty of history of last-minute vote buying in

      the U.S., and generally those who were rounding up non-voters at the last minute, and paying them to register and to vote the way they were paid for, were most decidedly not "progressive."

      If we're not seeing vote buying now to that extent, like we did in the U.S. in the 19th century, is it possible that various different requirements passed by different states to combat such vote buying -- like voter registration deadlines - might just have something to do with it?

      if we want the huge number of non-voters to register and vote in our elections, we've got to have candidates and parties willing to spend $$ and resources on voter registration drives instead of big TV ads. Establishment Dems and Dem strategists have often said they consider engaging new voters a waste of time (possibly because such go-along-to-get-along Dem candidates prefer that voter turnout is low, and such Dem strategists get paid a percentage of the TV ad buys). Without that commitment, allowing voters to register right up to and including the day of the election isn't going to fix the issue of low voter turnout. And with that commitment (and thanks to the Obama campaign for their commitment to bring in new voters, from an Edwards supporter), we can bring in plenty of new and infrequent voters in time to meet voter registration deadlines.

      by jennifer poole on Thu Jan 24, 2008 at 08:47:49 AM PDT

      •  Vote buying?

        That can happen anytime, not just right before the election and thus isn't relevant to voter registration deadlines.  Further, do you have any evidence of that happening at an increased rate in any of the states who currently have same day voter registration?

        by Prince Georges for Obama on Sat Jan 26, 2008 at 04:17:28 PM PDT

  •  Two Weeks -

    Doesn't seem like such a long time.
    People buy Paisley concert tickets two months in advance.

    by johnnygunn on Thu Jan 24, 2008 at 07:51:03 AM PDT

•  Illegal is an inaccurate

  adjective.  How can something be illegal if it can't be done?  I am in a state where you can register up to Jan.31 for the primary.

  As already stated -- folks have had ample time to register to vote.

  by gchaucer2 on Thu Jan 24, 2008 at 07:20:12 AM PDT

  •  If someone wants to register to vote

    it is against the law to do so.

    That makes it illegal.

    It's not a crime.

    But illegal and criminal are not synonyms.

    by djwinfo on Thu Jan 24, 2008 at 07:21:54 AM PDT

    •  no it isn't. any citizen can register to vote at

      any time.

      Yes, there are deadlines to register to vote in particular elections, but that doesn't make registering to vote at any time illegal. Just because if you register, say, in February, you can't vote in CA until the June election doesn't make it "illegal" to register people to vote in February. you're not helping much with this hyperbole.

      by jennifer poole on Thu Jan 24, 2008 at 07:32:28 AM PDT

      •  Illegal is an action prohibited by law

        Registering to vote after the deadline is prohibited by law.

        It's not hyperbole.

        In Illinois, it is illegal to register to vote during the two weeks before any election.

        Perhaps in California one can register to vote but not for the next election.

        If that's true, then it is illegal to register to vote for the primary at this time. It's just not illegal to register to vote for the general election.

        by djwinfo on Thu Jan 24, 2008 at 07:40:03 AM PDT

        •  well, I didn't know about Illinois, but you're

          partly right: here's what the IL state site says:

          Registration is open year round except:

          During the 27-day period just prior to an election
          During the 2 days after such election (1 day after in Chicago)

          so there you go, it's not that registration is "illegal" -- i.e. somebody could be prosecuted for breaking the law for registering voters, it's just that voter registration applications will not be accepted by the various agencies in the state of Illinois who accept voter registration forms at other times.

          I don't know the history of why Illinois decided to do this, but I expect there's more to the story than an Establishment desire to disenfranchise voters.

          by jennifer poole on Thu Jan 24, 2008 at 07:53:24 AM PDT

          •  If I had to take a guess...

            ...the Board of Elections has a lot of shit to do in the short time around Election Day, so they can't be spending their resources processing registration applications?

            by dennisl on Thu Jan 24, 2008 at 07:54:30 AM PDT

            •  part of it I'm sure. Also because you can

              register to vote at all kind of gov't and social service agencies in IL

              Where can I register to vote?
              County Clerk's office
              Board of Election's office
              City and village offices
              Township offices
              Precinct Committeemen
              Some schools
              Some public libraries
              Some labor groups
              Some civic groups
              Some corporations
              Military recruitment offices

              When applying for services at the following:
              Driver's License Facilities
              Department of Healthcare and Family Services
              Department of Public Health offices
              Department of Human Services offices

              which is great, but would obviously require some kind of regulation and deadline before the day of the election in order to assure voters that their registration would get into the system on time.

              but I was referring more to the notorious reputation of Chicago past, re: rounding up people who don't usually vote and buying their votes right before an election - and the diarist is right that there doesn't seem to be much of that sort of thing going on these days, but it did happen in the past.

              by jennifer poole on Thu Jan 24, 2008 at 08:01:52 AM PDT

              •  Vote-buying is (and should be) a crime.

                But that's separate.

                Don't throw the baby out with the bathwater.

                Prosecute vote-buying, but don't lock out tens of thousands of citizens from voting to stop vote-buying.

                by djwinfo on Thu Jan 24, 2008 at 08:04:27 AM PDT

          •  Illegal does not equal criminal

            It's illegal for a 22 year old to run for federal office.

            She can't be criminally prosecuted for that action.

            But it's still illegal. The Constitution prohibits that action.

            Same with voter registration two weeks before the election (there is actually a two-week grace period when citizens can register to vote after the regular deadline in Illinois). It's not criminal to do so. It's just illegal.

            by djwinfo on Thu Jan 24, 2008 at 08:00:31 AM PDT

            •  If you can find something that proves that it is

              "illegal" to fill out a voter registration form in Illinois during the two weeks before any election, date it and sign it -- that gov't offices won't accept a voter registration form dated and signed during that time, when they start accepting voter registration forms again -- then I'll buy your argument that it's "illegal" to register to vote during the two weeks before an election. Even if you can find something that proves that it is "illegal" for a person to sit at a table and encourage voter registration in two weeks before any election in Illinois (explaining that new voters are too late for this current election, but capitalizing on the "I wish I had registered in time" sentiment), I'll buy your argument.

              I still think it's hyperbolic, and doesn't help convince people that the IL requirement is an unnecessary and unworthy barrier to voting.

              Is it "illegal" to register people to vote on weekends in CA because gov't offices don't accept voter registration forms on Saturdays and Sundays? No. We accept the voter registration forms (if they're Democrats, that is; if they're not Democrats, we're happy to give them the form, and any advice they need about filling it out, but we do not take responsibility for getting their forms on time to the Voter Registrar), and then we turn them in when we can. OK, the "turn them in when we can" time period is longer under the Illinois rules, but that doesn't mean it's "illegal" to register people to vote during that time period -- again, unless the truth is that Illinois has made it against the law to fill out, sign and date voter registration forms during those two weeks.

              by jennifer poole on Thu Jan 24, 2008 at 08:28:25 AM PDT

              •  There's no difference

                It's illegal to register to vote for the primary.

                Whether it's legal or not to register to vote for the general election is irrelevant to whether it is illegal to register to vote for the primary election.

                As it turns out, in Illinois (and I'd imagine most states) it is illegal to register to vote for any election during the lockout period before an election.

                by djwinfo on Thu Jan 24, 2008 at 09:27:35 AM PDT

                •  you can keep saying it, but it doesn't make it

                  true. You have not yet demonstrated that it would be  "illegal" for me to set up a table and register people to vote in Illinois during the two weeks before the primary election, whether or not the state will accept those registrations for the primary or the general election.

                  There is no "lock out period" in CA, and it's certainly legal to register people to vote in CA on any and every day of the year, even if it is during a time period where the Voter Registration office is closed, and not accepting the forms. So you can imagine what you want about whether "most states" have such a "lock out" period, but unless you do the research, your imaginations aren't very convincing, just like your langage about "it's now illegal to register" is hyperbolic and not very convincing.

                  by jennifer poole on Thu Jan 24, 2008 at 10:07:06 AM PDT

    •  It would only be "illegal" if you could be

      arrested and/or fined for doing so. As it stands, you just can't do it.

      If candidates have a deadline to apply to run for a political office, I really don't see a problem with a voter registration deadline.

      by PatsBard on Thu Jan 24, 2008 at 07:42:36 AM PDT

      •  What purpose does a voter registration deadline

        serve when technology allows for same day registration? See my comment above.

        by Prince Georges for Obama on Thu Jan 24, 2008 at 07:55:31 AM PDT

•  Sorry

  I live in Florida...

  We don't cotton to 19th century notions like this!

  by kansasr on Thu Jan 24, 2008 at 07:34:36 AM PDT

•  Not in support for the primaries

  but I would like to see same-day registration for the Nov. election day, though it might need to be tied to some form of picture ID that lists a current address.

  I understand why the parties would want early registration for closed primaries so the other side can't game the system*. Without advance lists of who's registered to vote in that primary, the poll workers would have a difficult time ensuring one voter, one vote, especially with polling places in constant flux.

  Thanks for those links, lots of great information :)

  * coughMichigancough *

  by eleanora on Thu Jan 24, 2008 at 07:34:44 AM PDT

  •  That's what criminal statutes are for

    If someone tries to cheat and vote twice, then that person should be prosecuted for voter fraud. There's a good reason why no one in recent memory has been prosecuted for that type of voter fraud -- it doesn't happen.

    Making it illegal to register to vote for two or four weeks before an election is way too unwieldy a tool to ensure people don't try to cheat.

    by djwinfo on Thu Jan 24, 2008 at 07:43:02 AM PDT

•  That's why we have a caucus in ND...

  the state runs a primary;the party runs a caucus. Our Secretary of state wants to prevent anyone who is not 18 years old from voting on Februrary 5th, our caucus day. The DemNPL party rules state that if you will be 18 years old by election day in November, you can vote in our Presidential Preference caucus.

  We also do not have registration in ND. All you have to do is bring some evidence that you are who you say are and live in the precinct you are voting in. Most of the time, people at the polling station know who you are anyway.

  We have our problems, but no one is disenfranchised, and it's easy to vote here. Personally I think parties should stay the hell out of the voting operations period. We have a lot of election fraud, but no voter fraud in our country.

  by el maso on Thu Jan 24, 2008 at 07:50:41 AM PDT

•  In colorado...

  you had until December 5 (I believe) if you wanted to switch your party affiliation to vote in the upcoming primary!  I don't know if that would be the same for voter registration.  Two months??  Two weeks I could accept...

  Independents can't vote in the primaries here...

  by CO on Thu Jan 24, 2008 at 08:07:16 AM PDT

•  This reminds me of my bank telling me how they

  can't give me access to my own money for days, even though the tranfer of funds is instantaneous. Same day registration is best, at most it should be possible within a few days of the election.

  by Sacramento Dem on Thu Jan 24, 2008 at 08:15:48 AM PDT