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Long lines as folks wait for
their polling place.
They've made it so difficult
for people to vote here.
Just asking too much of people
to come out with this virus
going on.
♪ ♪
JELANI COBB: It was a major
election in the middle of a
pandemic.
There's been confusion around
what actually is allowed.
It was difficult to request
an absentee ballot.
I didn't even know how
to do it.
I didn't know about that
option, to vote through the
absentee voting.
Mail ballots, they cheat,
okay, people cheat.
Mail ballots are fraudulent in
many cases.
COBB: Absentee ballots
delayed in the mail. I request e
ballot...
But it didn't come in time.
It never came.
So I was forced to go and
vote.
At one of the five polling
stations.
COBB: Voters forced to
choose between their health and
their civic duty.
Those lines are long in
Wisconsin despite the state's
"Safer at Home" order.
It is unethical.
It was such a putrid
decision.
People are going to die
because of this.
COBB: Claims of voter
suppression...
Any ballots received after
April 13 will be rejected.
750 ballots so far have been
rejected.
I'm really frustrated because
my vote won't count.
It was the most blatant form
of voter suppression.
COBB: Was this all a view
of things to come?
I just can't imagine that
somebody would do that in this
country.
COBB: In the impending
presidential election?
♪ ♪
Empowering
♪ ♪
I'm a journalist and historian.
I've been studying American
elections for years.
But I've never seen anything
like this moment.
The threat of a constitutional
crisis over an election,
where the votes of many
Americans, especially people of
color, may not count.
First off, were you able to
vote?
You know, I was not.
But >> Youl had a absentee ball.
COBB: These people wanted
to vote this past April in the
battleground state of Wisconsin.
A primary that would turn out
to be a telling dress rehearsal
for the election chaos the rest
of the country is now engulfed
in.
We're seeing elected
officials, specifically on the
Republican side, that are
playing politics with people's
lives.
COBB: I started focusing on
the state because of its
pivotal and deeply partisan
nature.
It's split down the middle
between Republicans and
Democrats, and it gave Donald
Trump the presidency in 2016
by the exceedingly thin margin
of 22,000 votes.
It's a microcosm of America
these days.
♪ ♪
I do believe that there is an
attack on our democracy right
now...
COBB: Along with
colleagues at Columbia
Journalism Investigations, we
began doing remote
interviews there when the
pandemic was just taking hold.
We don't need to be trying te
of a pandemic.
COBB: With reporters from
the "Milwaukee Journal Sentinel"
and "USA Today," we examined
the voting, especially
absentee ballots.
How they were used and counted,
and the political and legal
fights around them.
We sent a crew to Wisconsin to
understand what had been
happening on the ground.
Is someone on your end
recording the Zoom call?
I don't think so.
COBB: Our starting point...
March 17, the day Wisconsin
said the coronavirus pandemic
would not affect its upcoming
primary election, scheduled for
just three weeks away.
You getting me okay?
Your audio's fine, Jelani, on
this side.
COBB: The job of making that
happen fell to numerous
appointed officials, like Neil
Albrecht.
On March 17, when the governor
announced that the election
would proceed as scheduled,
what was your immediate
reaction?
I would say profound
disappointment.
We were hearing advisements from
health officials, that any sort
of community gathering was risky
to the public.
♪ ♪
Most government closed, most
businesses closed.
But we in the election
commission continued to come
into work each day.
♪ ♪
We continued to invest 14-, 16-,
18-hour workdays, all with the
hope that that election
ultimately would be postponed.
♪ ♪
(cows mooing)
(cars whizzing by)
COBB: As we traveled the
state, we met other local
officials who had similar
concerns about going through
with voting.
We had real conversations in
my house, "What does this look
like?"
So there we go, one COVID-free
safety zone.
And then what if somebody did
get COVID, what does that look
like?
We were fully prepared for me to
potentially have to sleep down
here if I had to, so that...
Because I can't afford to get
sick.
♪ ♪
(horse trotting)
♪ ♪
COBB: 90 minutes away
in suburban Oconomowoc,
municipal clerk Diane Coenen
explained what she
tried to do to prepare her
town's polling station.
I thought, "I'm gonna have
some problems, how am I gonna
solve them early on?"
So I started calling different
companies and asking them if
they could supply me with 1,000
masks or 1,000 sets of gloves,
everything I could think of, and
I started ordering it.
♪ ♪
COBB: Every state runs its
own election process.
And as Wisconsin was moving
forward, others were pulling
back.
States across the country
have postponed their primary
elections because of the
coronavirus pandemic, but not
Wisconsin.
COBB: Governor Tony Evers, a
Democrat who'd been elected on a
razor-thin margin, had wanted
to delay.
But he ran into a roadblock,
with the Republican-controlled
legislature.
I tried for a couple weeks to
convince the legislature to
change it around, make it an
all-mail ballot or at least
push it out to a different date.
COBB: What did they say?
What specifically did they say
in response to those proposals?
Well, basically, they felt
that it was important to have
the election.
There was basically no interest.
And they certainly weren't
interested in a mail ballot.
♪ ♪
COBB: I asked the Republican
party chair in Wisconsin to
explain his thinking at the
time, why they were so intent
on in-person voting.
We believed that with the
right amount of preparation,
we could hold a safe election.
It was really my job as chairman
of the party to make sure that
all the rules were followed,
that we preserved the integrity
of our vote, um, because, you
know, changing things at the
last minute, changing the laws
on the fly can lead to so many
problems.
Wisconsin is the only state
stupid enough to have an
election April 7.
COBB: Over the coming days,
Wisconsin would be
skewered in the national media.
A Democratic governor and a
Republican legislature were
forcing people out in a
pandemic, endangering public
health.
I don't know that I've ever
seen anything as reckless and
irresponsible to public health.
Bernie Sanders saying
holding this election amid the
coronavirus outbreak is
dangerous.
♪ ♪
COBB: We went to places in
the state that were being
hardest hit by the virus...
Densely populated urban areas,
Madison, Green Bay, and
especially Milwaukee.
All lean Democratic, with large
communities of color.
♪ ♪
Milwaukee is incredibly
segregated.
And so when people say "the
north side," that's really code
for black folks, when people say
"the south side" that's code for
Latinx folks.
COBB: I looked up Angela
Lang, a source of mine who was a
voting rights activist in
Milwaukee.
People were going to get sick
and those people were probably
going to be Black and brown
people who are
disproportionately impacted by
the virus and also that's the
same group of people that can
make and break an election.
And we're seeing those things
collide.
♪ ♪
Hi, this is Ben Wikler, with
the Democratic Party of
Wisconsin calling for David, is
this David?
COBB: With their constituents
at risk from in-person voting,
Democrats began pushing for
something that would ignite a
political firestorm: an
absentee ballot drive.
Can we count on you to remind
three friends to return their
absentee ballots before Election
Day?
We decided to go 100% virtual
and to focus 100% on helping
people cast absentee ballots.
Our volunteers reached out
millions of times with text
messages, with phone calls, with
posts on social media, reaching
out to people that they knew in
their own lives.
And those contacts help people
to navigate a system that was
designed to shut them out, and
help people to cast absentee
votes.
It was a giant risk, because so
few people had ever voted
absenteee.
♪ ♪
COBB: Claire Woodall Vogg was
second-in-command at the
Milwaukee Election Commission
when the absentee ballot
requests started coming in.
Started to notice our inbox
was really filling up.
And I texted our election
services coordinator, Mike, and
said, "Hey dude, where are you?"
Like, it's... not slowing down,
there's no end in sight."
♪ ♪
I just couldn't sleep thinking
about how fast the requests were
coming in, and ever since then
nothing has been normal.
♪ ♪
Started off as several
hundred a day, quickly
transitioned to several
thousand, and then got up to as
many as 10,000 in a single day,
in a system that had really
previously been designed to
accommodate maybe several
hundred requests in a day.
COBB: The crush of absentee
ballot applications added chaos
to an election that included not
just a presidential primary, but
thousands of local races as
well.
I'm Jill Karofsky, I'm
running for the Supreme Court...
COBB: One of them was a
closely watched contest for a
seat on the state Supreme
Court.
My dad Dan Kelly is a great
judge.
There was a tremendous amount
of advertising, a record amount
of campaign spending happening
in that race to try to control
the ideological balance of the
court.
COBB: With the election
underway, I interviewed both
candidates.
Wisconsin has been considered
one of the key pivotal states
for the election in November.
So I think that there's been a
whole lot of attention paid to
the state because of that.
Meet Jill Karofsky, trial
court judge.
Wisconsin is very, very
likely to be the tipping pointvy
of the presidential election in
November.
And if there is litigation about
the election in November, that
litigation is goin, to end up at
the steps of the Wisconsin State
Supreme Court.
♪ ♪
COBB: With so much at stake
in Wisconsin, the national
parties joined the fight.
What they would do here would be
a harbinger for the coming
presidential election.
The Democratic National
Committee filed one of several
lawsuits to make absentee voting
easier.
Seeking to loosen
requirements like voter I.D.,
and witness signatures.
Things that historically have
been obstacles, especially for
people of color.
The DNC filed the initial
lawsuit when it became clear
that there were going to be
serious problems with
availability for voting.
COBB: Marc Elias is the DNC's
top lawyer.
What exactly is at stake?
And I mean this on the granular
level, there are multiple,
dozens of lawsuits, what's being
fought over?
Most of what's being fought
over is the ability for voters
to have access to the polls, and
for the votes to count.
A lot of the litigation we're
seeing in 2020 is, "Are mail-in
ballots going to be rejected for
technical reasons, or are we
We'll guide you through
requesting an absentee ballot
online...
COBB: For Republicans though,
this all spelled trouble.
It tapped into a fear that the
push for absentee ballots would
favor democratic turn out, and
Wisconsin became their early
battleground to resist it.
Justin Clark, the Trump
campaign's senior counsel, led
the Republican strategy in
Wisconsin.
When you radically change the
way people vote, what ends up
happening is you create
confusion, you create chaos, and
you disenfranchise voters,
because you're not allowing them
to vote in the way they
traditionally would.
COBB: So when we talked with
people in Milwaukee and
thereabouts, what we got was a
lot of the opposite, that people
felt that their vote was being
suppressed by having to go out
and potentially contract the
illness by going to a polling
place.
I think people's concerns
about contracting illnesses
are... are definitely valid.
But here's the problem, when you
try to fundamentally alter a
system by which people vote,
right before an election, like
Governor Evers did, you run into
a real problem, because what
you're doing is gonna... you're
necessarily gonna lessen the
number of people of vote,
because of that chaos, because
of that confusion.
♪ ♪confusion.
COBB: As the legal battles
worked their way through the
courts, judges ruled against the
Democrats' position one
decision after another.
And on the ground, local
election officials struggled to
keep up.
You know, every day, we're
getting alerts, this changed, or
this changed, the judge said we
can't do this, now the judge
says we can do that.
And so the challenge, really,
is making sure that all the
clerks are aware.
So you have polling locations
across the state, and they're
all local.
So in these smaller communities,
we know who the locals are.
At the end of the day, when you
look at the problems, they're in
the large urban areas.
♪ ♪
COBB: Areas like Milwaukee,
where we'd been talking to
anxious voters.
I kind of debated back and
anxious vo
forth between going to the
polls, not going to the polls.
I was too afraid that, what
if I got sick, what would that
look like for me?
That decision, to me, felt
like voter suppression, that
they wanted to scare people,
they didn't want people to go
out and vote, but I know I
needed to.
I'm not gonna feed into what
they want us to do, which is not
vote.
♪ ♪
I just felt like, you know,
we're in 2020 but it felt like
1867.
♪ ♪
COBB: "1867."
When I heard Melody McCurtis say
that, the drama in Wisconsin
came into sharp focus.
I heard the expression of a
present day reality, and a
historical sentiment.
She was drawing a line straight
back to the post-Civil War era,
when African Americans
risked their lives for the right
to vote...
♪ ♪
in places like Montgomery,
Alabama, home of the National
Memorial for Peace and Justice.
The first lesson that Black
people had to navigate in this
country was that voting is
dangerous.
Voting is going to be met with
violent resistance, particularly
in regions where there are
enough Black people to actually
have impacts on outcomes.
COBB: Bryan Stevenson is the
founder of the Equal Justice
Initiative, which created the
National Memorial.
Throughout that hundred-year
history between the end of
Reconstruction and the civil
rights movement, the inability
to vote is what shaped Black
life.
♪ ♪
COBB: The memorial is
informally known as the
"national lynching museum," and
it's filled with thousands of
names of Black Americans, many
of them killed amid the push for
voting rights.
♪ ♪
The violence that takes
place, the trauma that takes
place, the lynching that takes
place, the mass migration of
Black people from the Deep South
to the North and the West that
takes place, which will also
have political implications,
it's all a result of this
violent opposition to allowing
Black people to vote.
COBB: The violence was
combined with other things...
Poll taxes, literacy tests,
grandfather clauses... to prevent
Black people from voting in the
Jim Crow South.
The long struggle came to a head
in 1965 with the march from
Selma to Montgomery, which the
future congressman John Lewis
helped organize.
We are marching today to
dramatize to the nation and
dramatize to the world that
hundreds of thousands of Negro
citizens are denied the right to
vote.
(Le blowing)
You are ordered to disperse.
This march will not continue.
COBB: It became known as
Bloody Sunday.
(crowd shouting, screaming)
The violence was broadcast into
living rooms across the
country...
arousing the national
conscience in the same way
images of George Floyd's death
would 55 years later.
(shouting continues)
Within months, it led to the
signing of the Voting Rights
Act. of the Voting Rights
The law barred voting
discrimination and originally
targeted seven southern states
that had a pattern of
disenfranchisement.
It required them
to get federal approval
for any voting law changes.
That provision was called
Section 5.
It says that any time the
laws were changed that...
dealing with voting, they had to
first be submitted to the
attorney general of the United
States, or submitted to a
three-judge district court in
Washington, D.C.
So Section 5 was a very powerful
tool to keep those in power from
suppressing the right to vote.
COBB: Hank Sanders was
elected a state senator in
Alabama thanks to the Voting
Rights Act.
All of a sudden the
possibility of inclusion began
to just grow.
And it took many years though
before you had a substantial
amount of African Americans
elected to office.
♪ ♪
COBB: Within a year of its
passage, a quarter of a million
African Americans had registered
to vote.
By 1968, 385 Black people had
been elected to office across
the South.
By 1985, that number would
grow to nearly 4,000.
But by then, there was also a
growing backlash that would give
rise to new challenges and place
new obstacles in front of Black
voters.
(birds twittering)
When you don't want somebody
to vote, you create various
kinds of things.
Now we'd come with the 1965
Voting Rights Act, they couldn't
deny it outright, so you find
ways to try to suppress it.
COBB: One of these ways would
be through challenging Black
voters' absentee ballots,
through accusations of fraud.
It's one thing to be attacked
by the local power structure.
COBB: Hank Sanders
represented the defendants in
one su brought by the
U.S. Attorney in Alabama at the
time, Jeff Sessions.
The U.S. attorney and others
refer to these as the voter
fraud cases.
We decided that they were voter
persecution cases.
COBB: Sanders' clients were
voting rights activists... Albert
Turner, who had marched with
John Lewis in Selma...
This is Bloody Sunday.
Albert, you can see, that's him
right there.
COBB: And his wife, Evelyn.
They had been helping Black
residents fill out their
ballots, and mailing them.
Both of us was indicted,
myself and my wife, and another
friend, Spencer Hogue, were
indicted on 29 counts of what
is called vote fraud.
COBB: The Turners were facing
decades in prison.
It was my impression that
Jeff Sessions thought that those
legal cases would stop Black
folks from not only using
absentee voting, but would stop
Black folks from voting in the
numbers that Black people were
voting.
At every chance he got, he was
talking about voter fraud, voter
fraud.
COBB: Sessions denied that
the case was racially motivated
and insisted what the Turners
did was illegal.
In the end, the jury found
nothing they did had broken the
law.
But the idea that absentee
ballots were susceptible to
widespread fraud would live on.
I talked about it with author
Ari Berman, who's written
extensively on voting rights.
So this is a very old
argument, voter fraud.
I mean, there are cases of voter
fraud here and there.
But it doesn't happen in the
numbers necessary to show that
there's some sort of great
conspiracy out there to steal
elections through voter fraud.
COBB: He pointed to a
critical time in the early
2000s, when the idea began to
take off inside the George W.
Bush administration.
Up to that point, the
Department of Justice,
particularly the voting section
of the Department of Justice,
was focused on enforcing t enfoe
Voting Rights Act.
And when people in the Bush
administration got in there,
very ideological, very
right-wing people, they began to
change the mandate of the
Department of Justice from
instead of protecting voters who
are facing disenfranchisement,
they started talking about voter
fraud.
And they started bringing all
these cases to try to find these
cases of voter fraud.
The seeds of all of that were
laid by Hans von Spakovsky and
other conservative activists
dating all the way back to the
2000s and the George W. Bush
Justice Department.
♪ ♪
COBB: Hans Von Spakovsky,
he's a former Justice Department
lawyer and an architect of the
Republican position on voter
fraud, and a frequent speaker at
events like CPAC, the
Conservative Political Action
Conference, where I met him
last winter.
Well, I can't do an interview
right now, 'cause I've got
another... I've got another one
I've got to go to.
COBB: All right.
Thank you.
♪ ♪
We sat down in September for an
at-times tense interview.
Can you talk a little bit about
your ideas around voter fraud
and election integrity?
Well, I got interested in
this topic in the 1990s, when I
was first a poll watcher.
But when I was at the Justice
Department, I worked in the
civil rights division and my job
there was enforcing federal
voting rights laws, including
the Voting Rights Act.
COBB: So we have this concern
about voter fraud.
People on the other side of this
equation have frequently said,
we have an issue with voter
suppression in the United
States, not an issue with voter
fraud.
Well, voter suppression is a
made-up term that's used by
those who oppose very common
sense measures to make sure
that, one, yeah, everybody
who's eligible is able to vote.
But second, that their vote
isn't diluted or stolen through
administrative error or fraud.
COBB: So to make sure I
understand this clearly,
you're saying that voter
suppression does not happen in
the United States?
What I'm saying is that's a
made-up term.
Okay, we do have... we do have
discriminatory conduct that
sometimes happens still in the
voting context and that's what
the Voting Rights Act...
COBB: But isn't that the same
thing?
That's what the Voting
Rights Act was
intended to stop, and it does.
COBB: Under the banner of
combatting voter fraud, Von
Spakovsky has spent years
advocating for restrictions on
votitions onlaws requiring
official I.D. in order to
register or cast a ballot...
Outraging many Democrats.
There has been, for some
number of years, a virus in the
Republican party, about wild
claims of voter fraud and the
need for suppressive laws.
People like Mr. Spakovsky, he
played a role in advocating
within the conservative movement
or the Republican Party.
That virus has now mutated and
has become much, much more
concerning because it is now
orthodoxy within the Republican
Party.
COBB: How did that happen?
So I think, you know, you can
look at various moments in
history, but to me, the critical
moment was the election of
President Obama and the ensuing
internal civil war within the
Republican Party about what to
do about it.
I, Barack Hussein Obado, do
solemnly swear...
COBB: On one hand, Obama's
election was the fulfillment of
the dreams of those who marched
in Selma; but like the Voting
Rights Act itself, a backlash
followed.
Congratulations, Mr.
President.
(cheers and applause)
COBB: In 2010, Republicans
swept the midterm elections.
We're talking about uncharted
territory tonight.
Gone from the Democrats to the
Republicans.
COBB: In Wisconsin, for
decades considered a bastion of
progressive politics,
Republicans won both houses of
the legislature.
And a conservative Republican
governor was elected.
You've given us a mandate for
true reform and I appreciate
that.
I will not let you down.
(cheers and applause)
COBB: Scott Walker led an
onslaught of voting changes in
the state.
You can use your certified
birth certificate, a paystub...
COBB: One of the first was a
law requiring identification to
vote.
Kathy Bernier was elected to the
state assembly the year Governor
Walker took office.
She was a leading proponent of
the voter I.D. legislation.
I signed on as a co-sponsor
of photo I.D. to help with the
election administration and to
make sure people are who they
say they are.
We didn't really have very good
checks and balances in place.
We didn't really have a
verification of, is this the
person?
My dad, who was a Democrat, he
said, "Well, what's wrong with
that?
You should be able to prove who
you are when you go to vote."
Actually, in my district, it is
not a partisan issue.
A lot of Democrats believe you
too should provide
identification that you are who
you say you are.
That law required a voter to
have one of about six or seven
forms of approved photo I.D.
Legislators knew at the time the
law was passed, that some
Wisconsinites didn't have those
forms of I.D., they knew it
was on the order of several
hundred thousand people, and
they knew that people of color
were even less likely to have
those kinds of I.D.
Most estimates were that Black
and Hispanic voters in Wisconsin
were twice as likely as white
voters not to have one of the
approved forms of
identification.
COBB: Civil rights groups
went to court to challenge the
law, which was one of the most
restrictive in the nation, and
was endorsed by Hans von
Spakovsky.
Like Indiana, which have
had photo I.D. laws in place now
for more than six years.
COBB: How did it come to be
that so many people who have the
historic experience of being
denied access to the ballot,
believe that they're being
discriminated against contrary
to your opinion?
Well, actually, that's not
true of the majority of African
Americans, if you look at the
polling, they agree with other
Americans that voter I.D. is a
common sense reform.
Yeah, it's true that the leaders
of some civil rights
organizations and others
disagree with that, but the
evidence, the facts, the turnout
in elections in states that have
put in I.D. laws show that it
does not keep people out of the
polls.
COBB: In all these studies
that we looked at...
We clashed over the competing
studies and arguments around all
of this.
Almost every...
With a few... no, with a few
exceptions, almost every lawsuit
that's been filed have been
unable to show that, in fact, it
keeps people out of the polls.
COBB: And I pushed him on the
implications of what he was
saying.
Do you think that Congressman
John Lewis, who was bludgeoned
in the attempt to secure the
right to vote, was wrong?
On this particular issue with
voter I.D.?
Yes, he was wrong.
Each and every voter I.D. law
is a real threat to voting
rights in America.
Make no mistake, these voter
I.D. laws are a poll tax.
I know...
COBB: John Lewis spoke with
such passion about voter I.D.
laws, not just because he
thought they were wrong, but
his life's work was
under attack.
The right to vote is
precious.
Almost sacred.
COBB: Other states would
follow Wisconsin with their own
voter I.D. laws.
And then came efforts to
dismantle the fundamental
provisions of the Voting Rights
Act.
It came to a hearight where it
started, in Alabama.
Where commissioners in Shelby
County had sued the Justice
Department, saying that
discrimination was no longer the
problem it had been in the
1960s, and the law had outlived
its purpose.
Butch Ellis was the county
attorney.
I think the Voting Rights Act
made a tremendous change.
I think you've got to give the
Voting Rights Act credit for
some of the changes that's
occurred through the South.
There's also been a social
evolution, that independently of
voting issues has led to...
better dialog between the races,
and more compatibility between
the races.
It's just, the conditions that
we were faced with in 1965 no
longer exist.
They absolutely do not exist.
COBB: On top of that, Ellis
said, even making small changes
like the location of a polling
place, required time-consuming
paperwork and costly legal
fees... a hardship for the
county.
It was.
It was not just a bureaucratic
burden.
It was a financial burden.
It was a practical burden, and
it was an unnecessary burden.
And it was just not justified by
the facts.
It's considered one of the
most important pieces of civil
rights legislation ever passed.
But by five to four, the U.S.
Supreme Court today took the
teeth out of a law enacted
nearly 50 years ago.
COBB: In 2013, the U.S.
Supreme Court ruled in favor of
Shelby County.
Today's ruling means those
covered states are now free from
federal oversight.
They can immediately change
their voting laws and their
procedures without having to
come here to Washington to get
approval first.
I always thought that since
the voting rights struggle came
to a head in Alabama, in Selma,
Alabama, that they wanted a case
from Alabama for symbolic
purposes, for symbolism to... to
gut the Voting Rights Act.
Today's decision apparently
clears the way for several high
profile laws to take effect,
including stricter voter I.D.
requirements in Alabama...
COBB: The Shelby decision did
send a powerful signal, and soon
changes to voting laws began
taking place all over the
country... in Southern states and
beyond.
In Wisconsin, Scott Walker and
the Republicans began passing a
flurry of new voting laws.
Most of the bills that I've
worked on have been making sure
that dates and times, and
process and procedures, are in
place.
I've also worked with the
election commission on a number
of issues that we bring forward
with election fraud.
The important part is that we
have the safeguards in place to
make sure that people have
confidence in the electoral
process, and that our electoral
process has integrity.
COBB: What Republicans began
in 2011 with voter I.D. grew
and grew.
We have seen a lot of changes
to election law over the past
ten years, always having to
provide proof of residence when
you register to vote.
If you want to register by mail,
a required copy of your I.D., or
a copy of your energy bill
copy of your bank statement.
COBB: Half a dozen changes
after the Shelby decision...
Not allowing someone to vouch
for another voter.
COBB: that critics say
have made voting harder...
Or requiring a witness
address for an absentee ballot.
COBB: especially for
communities of color.
The elimination of
late-arriving absentee ballots,
or a change in the deadline to
request an absentee ballot, a
change in the number of hours we
could have for early voting.
You almost have to be an
attorney in order to understand
how to register and vote
successfully in Wisconsin.
COBB: That was the
landscape in the days leading
up to the April 7th
election, as morean 1.3 millionn
Wisconsin were requesting
absentee ballots.
In Milwaukee, home to the
state's heaviest concentration
of Black voters, the pandemic
was steadily shutting down the
election system itself.
♪ ♪
The really significant shifts
that we began to see were a
closure of many of the sites
that we used for voting and a
mass exodus of our election
workers due to concern about the
pandemic.
At one time, we talked about
reducing sites to maybe from 180
to 120.
Then we talked about reducing
those to 45, and then it finally
came down to five voting centers
for in-person voting on Election
Day.
♪ ♪
Good morning, folks, and
thanks for joining us on this
Monday, April 6.
COVID-19 cases across the
state continues to climb.
COBB: On the morning of April
6, less than 24 hours before the
polls opened, Governor Evers
made a last-ditch attempt to
postpone the election.
Earlier today I signed
executive order 74, to suspend
in-person voting for the spring
election until June 9.
There has been some that said,
"Well, why'd you wait until the
last minute?"
Well, the response was, "If I
would've done it three weeks
before, it would've been
the same result."
I felt it important to work
with the legislature, I thought
that was our best chance and it
just didn't happen politically.
There's election confusion...
Been a rollercoaster in the
last few hours...
That day before the election
was the most momentous
pre-election day that I've ever
covered.
COBB: Patrick Marley is one
of the state's preeminent
political reporters, and we
talked to him a lot as things
were playing out.
Here you have the governor in
the morning trying to issue an
order to delay the election.
Republican lawmakers almost
immediately sue, and then at the
end of the day, the state
Supreme Court says, "This
election will continue."
The presidential primary here
is a go tomorrow.
The polls will be open at
7:00 a.m.
COBB: Just hours later, the
U.S. Supreme Court dealt another
blow to the Democrats.
They would not intercede to
extend the deadline for absentee
ballots.
The U.S. Supreme Court comes
in and says, "Well, you have to
have a postmark requirement.
The ballots must be postmarked
by Election Day, otherwise
somebody could cast their ballot
on the day after the election.
The U.S. Supreme Court
weighing in late in a 5-4
ruling...
I was making dinner for my
two kids when I learned about>>n
the United States Supreme Court
case and it was just a little
while after learning about the
Wisconsin state Supreme Court
case, and I said to them, "II
don't know that we have a path
to win this election, I'm not
seeing it right now."
COBB: That closely watched
contest between Jill
Karofsky and Daniel
Kelly was hanging in the
balance.
And we woke up the next day
and I saw a sight I didn't ever
imagine seeing.
Imagine seeing.
Wisconsin is moving forward
with its election this morning.
These brave, brave people who
went to the polls in Milwaukee
despite the pandemic.
Take a look at how long the
lines already are in Milwaukee
of voters waiting to cast their
ballot.
COBB: It would take a week
for election officials to tally
the ballots.
I don't think there is a
clerk in the state of Wisconsin
that didn't see an entire shift
in how we conduct elections on
April 7.
For us, 80% of our voters voted
by mail, 20% voted in person.
Normally it would be the exact
opposite.
The big state race that
everyone was keeping an eye on.
COBB: Then, on April 13,
surprising news...
Judge Jill Karofsky has won a
seat on the Wisconsin Supreme
Court.
COBB: The Democrats'
favorite, Jill Karofsky, had
won, the unexpected result of a
wave of absentee ballots.
My campaign manager called
and he said, "If you're in
fleece and jeans," which is what
I was in, "You need to put
something nicer on because
you're about to go on TV, and
you're going to be the...
You're going to be the next
justice on the Wisconsin State
Supreme Court."
I'm celebrating social distance
wise...
(cheers and applause)
with my friends and my
colleagues.
The final margin was over ten
points.
And if someone had told me
before the election that we were
going to win by more than ten
points, I would have told them
they were absolutely crazy.
♪ ♪
COBB: But the victory belied
an unsettling fact.
With our colleagues at Columbia
Journalism Investigations, and
the "Milwaukee Journalsm
Sentinel" and "USA Today," we
examined the results.
We found that over 23,000
Wisconsin voters had their
ballots rejected.
♪ ♪
Can you talk about the role the
safeguards may play in the
confusion about how to vote by
mail?
Sure.
Every safeguard that's put in
place, you know, well-
intentioned it may be, is
another thing that a voter has
to deal with or another thing
that an election official has to
deal with.
Those are real hurdles for
people, particularly in a
pandemic.
COBB: More than 10% of those
rejected ballots were from
Milwaukee.
Neil Albrecht took us to the
room where they're kept.
We would normally see only a
small handful of these for any
election because of how bolded
the requirement is.
They have to sign, date it.
And then the witness signs,
provides their address as well.
And then that's what's required
for the ballot to be counted on
election day.
In this box, these are all
ballots that were received by
the election commission on April
10, but were postmarked after
the April 7 election day.
Because it wasn't postmarked by
April 7, it wasn't counted in
the election.
COBB: Some of the rejected
ballots were from one
neighborhood... Metcalfe Park.
♪ ♪
Metcalfe Park is the
neighborhood in the center of
Milwaukee, right in the heart.
It's an African American
community.
♪ ♪
In Metcalfe Park, our median
income is $24,000.
We are a severely poor
community.
COBB: Melody McCurtis and her
mother, Danell Cross, founded a
community organization called
Metcalfe Park Bridges.
(indistinct chatter)
We found the names of residents
who had their ballots rejected
and showed them to Melody and
Danell.
So why don't you guys look at
that and see what you make of
it?
♪ ♪
Hold on, hold on, hold on.
(Melody gasps)
Look who got rejected.
(Danell gasps)
Right there.
Okay...
I hate the thought of telling
them that they didn't get
counted.
It's a lot of names on here
that, that are pretty active in
the community, that we're
in a relationship with.
Like a lady on here that's a
senior.
She's so vibrant.
She's one of the fanciest ladies
in the neighborhood and all of
this.
Wait a minute.
Wait a minute.
I know she's not on here.
Yeah, she is.
Oh my goodness...
There's another young man
that won a basketball tournament
last year, he said that he
felt like his vote didn't
matter, right?
And for him not to be counted,
it just... it's-it's doing
something to me.
The April election brought it
all out.
It snatched the covers off of
it.
Now we actually understand how
much work it goes into
disenfranchising people.
♪ ♪
Many people spent their
entire evening at a voting
location.
COBB: Many of the same kinds
of problems showed up in other
states that held elections in
the months that followed.
Just 170 of Kentucky's 3,700
locations will be up and
running today.
Voters who started lining up
to vote before 7:00 a.m. were
still lining up at midnight.
COBB: People waited in line
for hours. CB:
With some people waiting five
to six hours to cast their
votes.
COBB: Machines that
wouldn't accept ballots...
As many as 75% of the ballots
did not go through the first
time.
Voters who were locked out of
the polls pounded on doors.
Open that door!
Open that door!
Open that door!
Open that door!
Our votes matter!
COBB: In our months of
reporting, election officials
told us they were underfunded
and overworked, and increasingly
fearful of what would happen in
November.
And their fears are
well-founded: based on our
review of years of voting
records, more than a million
votes might go uncounted in the
upcoming election.
As we looat this, the
projected numbers of absentee
ballots that are rejected are
higher than the margin of
victory for the president in
Michigan in 2016.
Maybe 50,000 votes in a state
doesn't mean much to the
presidential election.
Maybe it's an all blue, an all
red state.
But somebody that's running for
mayor in that state, you know,
losing... you know, losing ten,
15 votes can make the
difference for them.
So the potential for this to,
you know, alter races around
the country is absolutely on the
table.
It's a very bad system,
it's going to lead to a
tremendouse fraud and we're
trying to stop it.
COBB: Against this backdrop,
Republicans, led by President
Trump, have been relentlessly
attacking absentee ballots.
Voting by mail is wrought
with fraud and abuse and
people don't get their ballots.
People steal them out of
mailboxes.
People print them, and then they
sign them, and they give them
in.
COBB: Hearing the constant
refrain of fraud led me back to
Hans von Spakovsky.
He keeps a database of alleged
voter fraud cases that fuel the
Republican's claims.
But when our reporting team
examined it, we found it
included misleadined it, we fout
overstated information...
Charges that von
Spakovsky said are false, and he
insisted that the database shows
a wide variety of election fraud
cases.
Well, most important thing
for you to understand is just a
sampling of cases, okay?
It is not a comprehensive list.
I don't have the time, the
resources to do any kind of
comprehensive list.
And, in fact...
COBB: Sure, but... but how
do you find these cases?
We find them through
newspaper accounts of people
getting convicted.
We find them through press
releases from law enforcement
officials, state attorney
generals and others.
Sometimes people send us court
judgments, convictions, and
other information like that.
You know, folks on one side of
this are constantly saying, "Oh,
there's no massive voter fraud
in the United States."
And I don't claim that there is
massive voter fraud in United
States.
In fact, I think the correct
assessment of this is going back
to the Jimmy Carter, James Baker
Commission.
You know, what they said was
that voter fraud does occur in
the U.S. and it could make a
difference in a close election.
COBB: A few days before we
interviewed von Spakovsky, one
of the most prominent Republican
lawyers, Ben Ginsburg, who
oversaw the 2000 Bush-Gore
recount, publicly criticized the
database and rejected the notion
that fraud was a big problem.
He has no idea what he's
talking about.
I mean he even made the most
basic error of referring to our
database, which is just a
sampling of cases.
COBB: We talked to Hans von
Spakovsky about this, and he
said, "He has no idea what he's
talking about.
He's never had any actions,
never done anything in the area
of trying to investigate or go
after election fraud."
And what's your response to
that?
I... I think that's not a
fair statement.
I've been involved in recounts
and contests, which lved in rece
kicking open the hood of the
American engine to look at what
happens in polling places.
I can tell you from that
experience and being the
co-chairman of a presidential
commission on election
administration in 2013 and 2014,
where we looked for this, that
the widespread fraud that would
allow a conclusion of elections
are rigged is not there.
The evidence does not show that.
COBB: Mm-hmm.
How did this come to be so
prominent a part of the
conversation if, as you say,
there's been scant evidence?
As the country has become
more divided, fraud and voter
suppression have become part of
each party's get out the vote
mechanism, and inspiration and
motivation to get its voters
out.
♪ ♪
COBB: With COVID-19 cases
rising throughout Wisconsin,
that's exactly what Melody
McCurtis and her mother have
been doing.
For April 7, a lot of
people was not able to vote, so
that's why we trying to avoid
this.
And we not trying to have
April 7 happen again.
I was born on Bloody Sunday.
My auntie marched with Martin
Luther King.
Our family was always about
activism.
Our goal for today is gonna
be getting people registered to
vote, and then also having
people request their absentee
ballots.
Voting is really... it's
really on the bottom, right,
when you're dealing with life,
and, and trying to provide for
you and your children.
Hey, how you doin'?
We're with Metcalfe Park
Community Bridges, we're here to
see if you need help with
registering to vote.
We're going door to door.
We're providing printed
literature in there with phone
numbers for folks to call us if
they need help registering to
vote so that they feel empowered
to vote.
Voting is the direct reflection
of our neighborhood's ability to
thrive, right?
When you vote folks in office,
you have a say so on what you
want your community to be.
♪ ♪
COBB: Melody was expressing a
fundamental principle about
democracy: one person, one vote.
♪ ♪
I thought a lot about this idea
when I paid a visit to Black
Lives Matter Plaza earlier this
fall.
Seeing the White House behind a
chain link fence...
the fence itself a memorial to
African Americans killed by
police...
made me think about the
connections between Wisconsin,
the country's history of
disenfranchisement, and the
coronavirus.
♪ ♪
It's tempting to see them as
three distinct concerns, but
they're inextricably linked to
a legacy of inequality and an
ongoing struggle.
♪ ♪
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