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57 Emory L.J. 1011 (2007-2008)
Criminalizing Voter Suppression: The Necessity of Restoring Legitimacy in Federal Elections and Reversing Disillusionment in Minority Communities

handle is hein.journals/emlj57 and id is 1025 raw text is: COMMENTS
CRIMINALIZING VOTER SUPPRESSION: THE NECESSITY
OF RESTORING LEGITIMACY IN FEDERAL ELECTIONS
AND REVERSING DISILLUSIONMENT IN MINORITY
COMMUNITIES
INTRODUCTION
Approximately one week before the 2004 election, fliers from a fictitious
group called the Milwaukee Black Voters League flooded an African-
American neighborhood in Milwaukee, Wisconsin.' The documents appeared
to be honest, informational leaflets designed to provide warnings about
election-day procedures.2 Not only were these warnings deeply inaccurate,
they were also specifically designed to prevent African Americans from
coming to the polls. The fliers warned:
If you've already voted in any election this year...
If you've ever been found guilty of anything, even a traffic
violation...
If anybody in your family has ever been found guiulty [sic] of
anything you can't vote in the presidential election.
The time to register for voting has expired. If you haven't registered
you can't anymore.3
The fliers ended by threatening: If you violate any of these laws you can get
ten years in prison and your children will get taken away from you.4
Ian Urbina, Democrats Fear Disillusionment in Black Voters, N.Y. TIMES, Oct. 27, 2006, at Al.
2 Steve Schultze, Campaigns Condemn Political Flier: Paper Aimed at Black Voters Falsely States
Voting Rules, MILWAUKEE J. SENTINEL, Oct. 30, 2004, at B2.
3 See John Barry, This Election Will Be Decided by New Voters ... if They Get to Vote, SIERRA CLUB
VOTES, Oct. 29, 2004, http://www.sierraclubvotes.org/johnbarry/102904/ (containing an image of the original
flier).
4 Jo Becker & David Finkel, Now They're Registered, Now They're Not: Election Officials Express
Dismay at Extent of Misinformation, Variety of Tricks Targeting Voters, WASH. POST, Oct. 31, 2004, at A22.

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