Indeed, we are all complicit in a regime that forces our fellow citizens to endure those long lines. We are all to blame for allowing men like Jon Husted to determine which Ohioans will have their ballots counted and which will not. We who have the luxury of voting early by mail or who can pop into a polling station on Election Day, who are accustomed to not standing long for anything--we do nothing about these voter lines even though they are the most visible proof today that America is still terribly divided by race and by class.
In America in 2012, poor people and elderly people and students should not have to wait seven hours to vote. They should not be restricted in this fashion by elected officials who justify the hardships they impart upon black voters by calling those voters "lazy." By allowing this ugliness to endure, year after year, election after election, we don't just subvert our own democracy. We preclude ourselves from turning to the world and proclaiming that we respect the value of a single vote and the dignity of a single voter. We don't practice what we preach.
And we ought to be talking about things now, before Tuesday, because when it's all over no one will care until the next election cycle, at which point it will likely be too late. Don't want to switch Election Day to a Saturday? Fine. Don't want to make it a national holiday? Fine. But doing nothing after the election of 2012 is not an honorable option. What's happening in these states is conclusive proof that America failed to solve the fundamental problems we all saw play out in Florida during the recount of 2000. That's just not good enough.
I asked election-law specialist Rick Hasen, who wrote the book about all of this, for his view on the eve of another dubious election. He told me: "We need national nonpartisan election administration--one that would pick rules that would allow all eligible voters, but only eligible voters, a fair chance to cast a ballot which will be accurately counted. It is national urgency, but I don't see it happening any time soon. If Florida 2000 was not enough of a wake-up call, it is hard to imagine how much worse things would have to get before they get better."
But let us begin. Congress ought to pass a "Voters' Rights Act," which guarantees a mail-in option and ensures significant early-voting hours for 10 days before a federal election. That would give working people--you know, the real "middle class"--four full days over two weekends to cast their ballot. Congress also ought to expand the scope of the Voting Rights Act, the venerable civil-rights statute, to force local election officials everywhere in America (and not just in Southern jurisdictions) to justify restrictions on voting rights.
And the next president, whoever he is, ought to quickly empanel another Commission on Federal Election Reform to investigate these partisan state schemes and recommend ways to achieve meaningful reform. Former Supreme Court Justice Sandra Day O'Connor should head that commission. And former U.S. Attorney Patrick Fitzgerald should head up its investigative functions.
But I won't hold my breath. If I'm around in 2016, I bet I'll be complaining about the same injustices. In my lifetime, little has changed in America but the forms of indignity we all seem to tolerate when it comes to another person's right to vote.