Trump Push To Invalidate Votes In Heavily Black Cities Alarms Civil Rights Groups

Nov 24, 2020
Originally published on November 24, 2020 11:52 am

When Joe Biden thanked Black voters in his first remarks as president-elect, he credited them with lifting his campaign from its lowest point during the Democratic primaries.

"You've always had my back, and I'll have yours," he promised.

While Biden won Black voters overwhelmingly across the country, they were key to his victories in Michigan, Wisconsin, Pennsylvania and Georgia — places where President Trump and his allies have been targeting ballots in cities with large Black populations in an attempt to overturn the president's defeat and retain power.

Trump's campaign and his allies have presented no real evidence of widespread voter fraud or other impropriety in any of these cities, and they have faced multiple defeats in court. But the persistence of the president and loyal Republicans has alarmed Black leaders, civil rights activists and historians who see an unprecedented attempt to disenfranchise hundreds of thousands of voters, many of them Black.

The president's campaign has denied racial motivations in its lawsuits, saying that its recount strategy is not targeting Black voters.

Jenna Ellis, the Trump campaign's senior legal adviser, said in a statement to NPR that "every American deserves to know that our elections are conducted in a legal manner, no matter who they are or where they live."

"That's our only goal: to ensure safe, secure, and fair elections," Ellis added. "That's what our Constitution requires."

But Bob Bauer, a senior legal adviser to the Biden campaign, said the Trump campaign's "targeting of the African American community is not subtle. It is extraordinary" and that "it's quite remarkable how brazen it is."

"This is straight out, discriminatory behavior," Bauer told reporters on Friday.

A group of Michigan voters has also filed a lawsuit against Trump and his campaign, arguing that "defendants are openly seeking to disenfranchise Black voters," including those in Detroit.

The plaintiffs, who are represented by lawyers from the NAACP Legal Defense Fund, allege that the Trump campaign has attempted mass voter suppression by pressuring election officials into not certifying the election results in their state, and that Trump's apparent attempt to pressure Michigan election officials and state lawmakers was a violation of the provision against voter intimidation included in the Voting Rights Act of 1965.

"Defendants' tactics repeat the worst abuses in our nation's history, as Black Americans were denied a voice in American democracy for most of the first two centuries of the Republic." the lawsuit said.

Trump and his allies have made similar efforts in Pennsylvania, with false claims about widespread voter fraud in Philadelphia. There have been charges leveled against the electoral process in Atlanta as the political universe is focused on Georgia ahead of two runoff elections that will determine control of the U.S. Senate. In Wisconsin, the Trump campaign has called for a recount of ballots in the diverse, large counties of Milwaukee and Dane, which put Biden over the top there, but the Trump campaign did not ask for recounts in the rest of the state's whiter counties.

To many civil rights advocates, this is another grim chapter in what they see as an expansive, decades-long effort by Republicans to gain more power by suppressing the votes of people of color.

"It is difficult for me to think of another president in modern time who has literally driven a national scheme to disenfranchise Black voters and other voters of color en masse, in the way that we see with these post-election lawsuits," said Kristen Clarke, president and executive director of the Lawyers' Committee for Civil Rights Under Law. She said there was "racial motivation" in Trump's focus on cities like Detroit, Philadelphia and Atlanta.

Trump's attempts hit a significant roadblock on Monday as Michigan's state canvassing board certified Biden's victory with one of the board's two Republican members abstaining.

Derrick Johnson, the president of the NAACP, called that action "appalling." He pointed out that the Trump campaign was aided by supporters and allies across the country in his failed efforts to reverse Biden's victory.

"It's only because of the environment that was created by this president to defy the rule of law, to destroy customs and practices, and to really push people toward a sense of tribalism that's not in our economic interest, that's not in the interest of democracy, for his own selfish and self-reflecting outcome," Johnson said in an interview. "And it's unfortunate that there have been so many people willing to put their character, their integrity at stake for such activity."

Andra Gillespie, a political science professor at Emory University, said voter suppression is typically thought of as rules or practices that, when put in place, have the impact of making people of color less likely to vote than their white counterparts.

The effort that Trump is undertaking, she said, is a new type of attempted voter suppression in which the president is attempting to invalidate ballots that have already been counted.

"I think he has targeted heavily African American cities because they happen to be heavily Democratic cities, and if he's going to invalidate enough votes to turn the election in his favor, this would actually be the best place to do it," Gillespie said.

Trump's attempt to overturn the election result comes at the end of an election season in which the nation elected its first Black vice president, California Sen. Kamala Harris. It also comes at the end of the year where many voters, particularly voters of color, faced unprecedented obstacles to cast ballots due to the coronavirus pandemic.

With the election challenges serving as a sort of punctuation mark on all of that, Clarke said, "I think this will stand out in the history books as one of the darkest moments in our nation's history."

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AILSA CHANG, HOST:

The Trump administration may now be allowing the transition to the Biden administration to proceed, but President Trump and his allies are still working to reverse President-elect Joe Biden's victory in the courts. They focused on trying to throw out huge numbers of votes in several mostly Democratic cities with large Black populations, cities which the president and his campaign have painted as corrupt. NPR political reporter Juana Summers is here. She covers demographics and politics.

Hey, Juana.

JUANA SUMMERS, BYLINE: Hey, Ailsa.

CHANG: Hey. So you've been talking with Black leaders about Trump's efforts to overturn this election and those efforts of his Republican allies. What are you hearing from these leaders?

SUMMERS: Yeah. There has been a palpable sense of outrage as these folks have watched the president attempt to overturn the results of this election, particularly as he and his campaign are targeting ballots cast in cities like Philadelphia, Detroit, Atlanta and Milwaukee. I spoke with Kristen Clarke. She is the executive director of the Lawyers' Committee for Civil Rights Under Law.

KRISTEN CLARKE: It is difficult for me to think of another president in modern time who has literally driven a national scheme to disenfranchise Black voters and other voters of color en masse in the way that we see with these post-election lawsuits.

SUMMERS: The president and his allies have presented no real evidence of voter fraud or widespread irregularities in any of those cities. And we should note that the courts have not sided with them and have repeatedly, in fact, denied their requests to invalidate ballots. Derrick Johnson is the president of the NAACP. He's among the critics of President Trump who say that he and his team are using tactics that remind them of those that were used to suppress the voices of Black voters after the Civil War.

DERRICK JOHNSON: This election cycle, what was attempted was that type of coup-like behavior to intimidate election workers, to malign anyone who disagreed with you, to seek to steal the outcome and the will of voters in a way that would have reflected something less than the democratic principles that this nation claimed to stand on.

CHANG: Well, how are the president and his allies responding to all of these allegations that they're trying to disenfranchise thousands of Black voters?

SUMMERS: Yeah. So the president's campaign and his allies have denied that there are racial motivations here. They say that their lawsuits and their recount strategy is not targeting Black voters. The campaign sent over a statement from senior legal adviser Jenna Ellis. It said - and I'm quoting here - "Every American deserves to know that our elections are conducted in a legal manner, no matter who they are or where they live. That is our only goal - to ensure safe, secure and fair elections. That is what our Constitution requires," end quote.

Now, we should note that the campaign did not respond specifically there to the claims of racism that are inherent here.

CHANG: Well, what about the Biden team? I mean, how are they responding to these allegations from Black voters?

SUMMERS: Yeah. Last week, Bob Bauer, who is a senior legal adviser to Biden's campaign, was asked about this on a call with reporters. And he said that this was, quote, "straight-out discriminatory behavior" and also said the Trump campaign's targeting of the Black community was not subtle. He even went on to call it extraordinary, brazen.

And to put this in a very quick political context, I think it's important to note that Black voters are a key constituency for the Democratic Party, and they were particularly pivotal in delivering Joe Biden the White House in this election season.

CHANG: That is NPR's Juana Summers.

Thank you, Juana.

SUMMERS: Thank you. Transcript provided by NPR, Copyright NPR.

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