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    ‘My Vote Was Rejected’: Trial Underway in Texas Over New Voting Law

    Voting rights advocates say the law, intended to curb fraud, is impeding people with disabilities, older voters and non-English speakers.For years, Stella Guerrero Mata, a 73-year-old retired school bus driver who lives near Houston, has been able to cast her vote through the mail with little hassle. Ms. Mata, who uses a cane to walk and suffers from a long list of ailments, including diabetes, worsening eyesight and back pain, expected the 2022 midterm elections to be no different.But sometime after she placed her ballot in the mail, she received a letter with news that left her angry and confused. Her ballot was not accepted because she had failed to include her driver’s license number and the last four digits of her Social Security number, a requirement of a contested new voting law that was approved in 2021.“My vote was rejected,” Ms. Mata said, adding that she had realized it was too late for her to correct her mistake. “It made me feel angry, because my voice was not being heard.”Ms. Mata was one of several voters to testify in a trial, now underway in San Antonio, over the state’s sweeping election overhaul, known as S.B. 1. The law was passed by a Republican majority even after Democratic lawmakers staged a 38-day walkout, leaving the state in an unsuccessful effort to prevent the bill from coming to a vote.Since it went into effect, critics have raised concerns that the law would impede voters with disabilities, elderly voters and voters who do not speak English. The federal trial, now entering its second week, is providing an unusual opportunity to hear directly from voters who wanted to cast a vote but were not able to do so.A coalition of voting rights groups, including MALDEF, the Mexican American Legal Defense and Educational Fund, and the American Civil Liberties Union of Texas, claim in their lawsuit that the law hurts people who vote by mail, those who use the help of aides known as assisters to vote and those who rely on community organizations to learn about where and how to vote.The law added new voter identification requirements for voting by mail; made it harder to use voter assisters; set criminal penalties for poll workers if they are too forceful in reining in people at polling places; and banned 24-hour voting and drive-through voting, measures that were notably used in Harris County during the pandemic.Lawyers representing the state countered that the new rules prevent potential voter fraud and that voters seem to be adapting better with every passing election. Election integrity means that voters “are going to have confidence in the process,” said Ryan Kercher, a lawyer for the state. In addition, Mr. Kercher said, the law allows for expanded early-voting hours to encourage more voter participation.During cross-examination, another lawyer for the state, Will Wassdorf, pointed out to Ms. Mata that she had entered the required information in an application for a mail ballot, but that she did not do so when she mailed the actual ballot. Mr. Wassdorf then directed her attention to a video screen that showed the entries she had left blank.“Do you understand that that’s why your ballot was rejected?” he asked her.“Now I do. At this time, yes,” she replied.An example of a new mail-in ballot request requiring a driver’s license number and the last four digits of the voter’s Social Security number.Sergio Flores/ReutersAsked by one of the plaintiffs’ lawyers, Fátima Menéndez, if she would have the confidence to cast a vote by mail in 2024, Ms. Mata replied that she was not sure. “I feel like it would not be counted at all,” she said.A parade of election officials from Dallas, Austin, El Paso and the Rio Grande Valley also testified that they found many of the new regulations confusing and vague and that they often struggled to explain them to equally confused voters.“I did not know what to tell voters,” said Dana DeBeauvoir, a county clerk in Travis County, home to Austin, who oversaw several elections before she retired. Ms. DeBeauvoir described the purported problem of voter fraud as “a unicorn,” at best, “ones and twos out of millions of votes, and in most cases unintentional.”Mr. Kercher seized on that during cross-examination. “Even though voter fraud is a unicorn, we still have to be vigilant,” he said.“I always was,” she replied.The judge in the case, Xavier Rodriguez, of the Western District of Texas, is expected to listen to testimony for the next few weeks before issuing an order.Judge Rodriguez previously found one part of the law to be unlawful: its requirement that voters write down either the last four digits of their Social Security number or a driver’s license’s number when requesting to vote by mail and that election workers be able to match one of the numbers with the voter’s registration records.Judge Rodriguez, an appointee of former President George W. Bush, ruled that the requirement violated the Civil Rights Act because elections officials may be turning away voters who otherwise qualify to vote by mail but have a hard time providing the extra information.The A.C.L.U. of Texas said that about 40,000 submissions for mail-in voting ballots have been rejected for errors connected to this requirement.Nina Perales, a lawyer with MALDEF, argued during her opening statement that voters with disabilities are among the most affected.“Adding more steps to the voting process and requiring more forms makes voting more difficult, and it reduces the number of ballots cast,” Ms. Perales said. “This imposes significant and more obstacles for disabled voters and will cause disabled voters to be disenfranchised.”The new voting law became a priority for Gov. Greg Abbott after former President Donald J. Trump claimed he lost the 2020 election because of election fraud, a claim that has been discounted by judges around the country. Nevertheless, Mr. Abbott threatened to call a special session of the Legislature until lawmakers sent him the voting bill to sign.The legislation followed a series of voting changes adopted in several urban areas across Texas, places largely dominated by Democrats, that were designed to make it easier for eligible voters to cast ballots. Houston, for example, drew national attention by offering 24-hour drive-through voting at the height of the pandemic.The defense has not yet begun presenting a case. Much of the first week was taken up by voters and election officials, called by the plaintiffs, who detailed their struggles with the new rules.Toby Cole, a lawyer who lost the use of his arms and legs after an accident when he was 18 and votes with the help of an aide, testified that he felt uncomfortable sharing his medical information with poll workers when voting in person, a method he prefers, in order to have an aide assist in casting his ballot.Mr. Cole said he knows of many fellow voters with disabilities who may choose not to vote in person or at all because they do not feel comfortable sharing why they qualify for extra assistance.He has been able to vote, he said, only “because I’m persistent.”Kirsten Noyes More

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    New Voting Laws Add Difficulties for People With Disabilities

    Laura Halvorson was ready to vote. On Thursday afternoon, she sat in front of a ballot screen at the Igo Library in San Antonio, after spending a month preparing for this moment. It was the first time in years that she had been in a public place, other than a doctor’s office.Sitting in her wheelchair, she wore two masks — one a KN95, the other a part of her breathing machine. Because Ms. Halvorson, 38, has muscular dystrophy, a condition that progressively decreases muscle mass, and makes her more vulnerable to Covid-19, she needed to use a remote-control device supplied by poll workers to make her ballot selections.No one knew how it worked.The glitch was one of many obstacles she had to navigate, both on that day and over the previous weeks, to fulfill what she saw as her civic duty. For Ms. Halvorson and others with disabilities, casting a ballot can always present a challenge. But new voting restrictions enacted in several states over the past two years have made it even harder.A law signed last year by Gov. Greg Abbott of Texas, a Republican, has made it more difficult for voters to cast ballots by mail and narrowed their options for voting in person, according to groups that advocate for people with disabilities and voting rights. Other Republican-led state legislatures, including in Georgia and Florida, have passed similar measures as a part of what they say are efforts to prevent voter fraud, despite rare occurrences of the crime.“Instead of embracing the more accessible forms of voting that sparked record turnout, including among voters with disabilities,” said Brian Dimmick, a senior staff attorney for the disability rights program of the American Civil Liberties Union, “states have doubled down on new and more restrictive voter-suppression laws.”None of the new laws single out those with disabilities, but advocates say they have left many people who would otherwise vote by mail with burdensome options: face the greater risk that their mail-in ballot could be thrown out — as Texas did at a higher-than-usual rate during the March primary — or go to the polls in person, which involves its own set of inconveniences or, worse, physical barriers, and often deprives people with disabilities of a sense of privacy and independence that other voters can take for granted.A polling place in Brooklyn. Nearly two million people with disabilities reported that they had some difficulty voting in the November 2020 election — double the rate of people without disabilities.Anna Watts for The New York Times“Voters with disabilities are being disenfranchised by all these new laws, from onerous ID requirements to longer lines, making the entire process less accessible,” said Shira Wakschlag, the senior director of legal advocacy at The Arc, a disability advocacy organization.Several Texas Republicans who supported the new voting law did not respond to requests for comment about its effect on people with disabilities, although a spokeswoman for Governor Abbott said in a statement that it “protects the rights of disabled Texans to request reasonable accommodations or modifications.” At a hearing last year, State Senator Bryan Hughes, the Texas bill’s author, described accommodations for voters with disabilities as potential security risks, and said narrowing them would stop others from “using those opportunities to cheat.”Voting could already be difficult for those with disabilities. About 17.7 million reported voting in the November 2020 election, according to a report by the Program for Disability Research at Rutgers University and the U.S. Election Assistance Commission. Eleven percent of them, or nearly two million people, reported that they had some difficulty voting in that election — almost double the rate of people without disabilities.The State of the 2022 Midterm ElectionsElection Day is Tuesday, Nov. 8.Final Landscape: As candidates make their closing arguments, Democrats are bracing for potential losses even in traditionally blue corners of the country as Republicans predict a red wave.The Battle for Congress: With so many races on edge, a range of outcomes is still possible. Nate Cohn, The Times’s chief political analyst, breaks down four possible scenarios.Voting Worries: Even as voting goes smoothly, fear and suspicion hang over the process, exposing the toll former President Donald J. Trump’s falsehoods have taken on American democracy.The right to vote privately and independently was enshrined 20 years ago by Congress in the Help America Vote Act, which was the first law to require polling places to have accessible voting systems. The law also established the federal Election Assistance Commission, an independent body that sets guidelines for states and counties to accommodate disabled voters, which can be enforced by the Justice Department.Despite the law, Thomas Hicks, the commission chairman, said disabled voters still encountered problems, including those who are blind and have trouble locating accessible voting locations, and those who use wheelchairs and need voting machines to be low enough or adjustable to eye level.For Ms. Halvorson, a former special education teacher, the difficulties include being able to raise her hands and tap the screen of a voting machine, she said, because of her reduced motor skills. She lives with her partner, accompanied by different caregivers, in a one-story house in San Antonio, and also relies on a breathing machine to survive; a bad case of pneumonia in 2014 weakened her lungs, and she was not able to make a full recovery.Voting by mail made things simpler for her. But after reports that Texas had thrown out more than 18,000 mail-in ballots from its most populous counties during the March primaries, Ms. Halvorson — who cannot write on her own and feared having to appeal a rejected ballot — felt she had no other choice but to vote in person. She wanted to “see the ballot go in” herself, she said — even if it meant risking her health.“This election is too important to wait to find out if my vote counted,” she said.A week of research about voting in person led Ms. Halvorson to a new kind of machine that Texas had recently put in place, allowing a remote to be connected to the screen and used to make selections. She called her county clerk to ensure those machines would be present at the Igo Library, her local polling place. She did not hear back, she said.Ms. Halvorson entered her polling place on Thursday, on a trip that she began preparing for a month earlier. Ilana Panich-Linsman for The New York TimesLydia Nunez Landry, a disability rights activist in Houston who has a different form of muscular dystrophy, said her experience using the remote on the first day of early voting went so poorly — including a poll worker seeing Ms. Landry’s chosen candidates — that she immediately filed a complaint with the Justice Department.“I’m just so angry,” Ms. Landry said. “They constantly are changing things, it feels like, to the disability community. We’re just so confused.”Ms. Halvorson wanted a caregiver to accompany her to the polling place in case she had a similar experience and needed help. She also scheduled a coronavirus vaccine booster shot exactly two weeks before the end of early voting..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How we call winners on election night. We rely on The Associated Press, which employs a team of analysts, researchers and race callers who have a deep understanding of the states where they declare winners. In some tightly contested races, we independently evaluate A.P. race calls before declaring a winner.Here’s more about how it works.On Thursday morning, Ms. Halvorson viewed an online guide to the candidates one more time. Her former service dog, Houston, wagged his tail as he put his paws in her lap and begged for treats.She drove to the library with one of her daytime caregivers, Shae-Lynn Lewis, in a large orange, wheelchair-accessible van. A parking spot for the disabled was available, which often is not the case, Ms. Halvorson said. Then it was time to take an inventory. Ms. Halvorson ticked off aloud what to bring inside: phone, identification, water bottle, hand sanitizer and wipes, and the absentee ballot she needed to turn in.Inside the library, a voting clerk wearing a U.S. Marine Corps veteran cap waved people through to the polling room.One of the tokens of Ms. Halvorson’s day. Ilana Panich-Linsman for The New York TimesMs. Halvorson and her caregiver entered and waited in line to turn in the absentee ballot and receive a remote. Ms. Halvorson later said her heart “was beating out of her chest” as she saw all the people around her without masks on in such close quarters.After securing the remote and pulling in front of a voting machine, she began trying to click through on the side buttons, but the screen did not respond. She said she asked for help, but none of the workers seemed to know how it worked, either.After a few tries, she said, the up and down buttons on the remote made the screen respond. It was still hard to read, however, as the font seemed to be enlarged and cut off the party affiliations for candidates she didn’t know.The Bexar County elections administrator, Jacquelyn Callanen, did not respond to requests for comment about Ms. Halvorson’s voting experience.While at least two dozen people entered and exited the voting area within minutes, Ms. Halvorson remained inside, trying to navigate the machine. After about half an hour, she was able to deposit her ballot.Later, she said she felt fortunate that her experience was not worse. Still, she said, “It should be smooth for literally everybody.”Before Ms. Halvorson left, one observer acknowledged her efforts. “The man gave me two ‘I voted’ stickers,” she said. “He said it’s because I had to go through twice as much as everybody else.”Ava Sasani More

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    GOP Voter Fraud Crackdowns Falter as Charges Are Dropped in Florida and Texas

    Dealing setbacks to Republican-led voter fraud prosecutions, judges in Florida and Texas this week dropped charges against two former felons who had been accused of casting ballots when they were not eligible to do so because of their status as offenders.Robert Lee Wood, one of those two felons, was part of an August roundup spearheaded by Gov. Ron DeSantis of Florida, a Republican, on voter fraud.On Friday, a circuit court judge in Miami-Dade County granted a motion to dismiss two felony charges related to voter fraud against Mr. Wood, 56, who spent two decades in prison for second-degree murder. Mr. Wood was among the 20 people who were recently arrested in Florida on voter fraud charges and became the first defendant to have them dropped.And on Monday, a district court judge in Texas set aside the indictment of Hervis Earl Rogers, a Houston man who gained widespread attention for waiting seven hours to vote during the 2020 primary election. Last year, Ken Paxton, the Texas attorney general and a Republican, charged Mr. Rogers with voting illegally because he was on parole.A lack of evidence of widespread voter fraud has not stopped Republicans from aggressively pursuing it in states where they hold power. Now, the unraveling of the two high-profile cases has compromised the legitimacy of those efforts.Bryan Griffin, a spokesman for Mr. DeSantis, said in an email on Friday that the state disagreed with the dismissal of charges against Mr. Wood and would appeal the ruling.“The state will continue to enforce the law and ensure that murderers and rapists who are not permitted to vote do not unlawfully do so,” Mr. Griffin said. “Florida will not be a state in which elections are left vulnerable or cheaters unaccountable.”The State of the 2022 Midterm ElectionsBoth parties are making their final pitches ahead of the Nov. 8 election.Where the Election Stands: As Republicans appear to be gaining an edge with swing voters in the final weeks of the contest for control of Congress, here’s a look at the state of the races for the House and Senate.Biden’s Low Profile: President Biden’s decision not to attend big campaign rallies reflects a low approval rating that makes him unwelcome in some congressional districts and states.What Young Voters Think: Twelve Americans under 30, all living in swing states, told The Times about their political priorities, ranging from the highly personal to the universal.In Minnesota: The race for attorney general in the light-blue state offers a pure test of which issue is likely to be more politically decisive: abortion rights or crime.The ruling by Judge Milton Hirsch of the 11th Judicial Circuit was limited to jurisdictional issues and not Mr. Wood’s voting status. It said that state prosecutors did not have standing in what was a local criminal proceeding. The prosecutors had tried to argue that they did have jurisdiction, because Mr. Wood’s voter application and ballot were processed in another county.“Given that elections violations of this nature impact all Florida voters, elections officials, state government, and the integrity of our republic, we continue to view the Florida Office of Statewide Prosecution as the appropriate agency to prosecute these crimes,” Mr. Griffin said.Larry Davis, a lawyer for Mr. Wood, said in an interview on Friday that his client was approached in the summer of 2020 by a voter drive representative at a Miami-area Walmart asking if he wanted to register to vote.When Mr. Wood told the person that he was a convicted felon, the person said that a state constitutional amendment had restored voting rights to felons and so he filled out an application, according to Mr. Davis. The amendment, however, excluded people convicted of murder or felony sex offenses and required them to apply separately to have their rights reinstated.Mr. Wood received a voter card from the state six or seven weeks after filling out the application, said Mr. Davis, who described the dramatic scene when his client was arrested at 6 a.m. in August.“The house was surrounded with police that had automatic weapons,” Mr. Davis said. “They wouldn’t even let him get dressed and they took him to jail.”In Florida, a conviction of voter fraud requires proof of intent. Mr. Davis said “there’s absolutely no proof” that his client willfully broke the law.The legal setback for Mr. DeSantis, who is running for re-election in November and has White House ambitions, came days after the release of body camera footage from law enforcement officers in the Tampa area who carried out similar arrests. In the videos, the people arrested seemed puzzled and appeared to have run afoul of the law out of confusion rather than intent.Mr. Davis said that he had requested the body camera footage from Mr. Wood’s arrest, but had not yet received it.In the case of Mr. Rogers in Texas, Judge Lisa Michalk of the 221st District Court in Montgomery County, which is about 40 miles north of Houston, ruled on Monday that Mr. Paxton as Texas’s attorney general did not have the authority to independently prosecute criminal offenses under the Election Code.A spokeswoman for Mr. Paxton did not immediately respond to requests for comment on Friday.In a statement, Mr. Rogers expressed his relief that the indictment had been set aside.“I am thankful that justice has been done,” Mr. Rogers said. “It has been horrible to go through this, and I am so glad my case is over. I look forward to being able to get back to my life.”Tommy Buser-Clancy, senior staff attorney at the American Civil Liberties Union of Texas and one of the lawyers who represented Mr. Rogers, in a statement this week lamented what happened to Mr. Rogers.“He never should have been prosecuted in the first place, and this ruling allows him to put this traumatic ordeal behind him and move on with his life,” Mr. Buser-Clancy said. More

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    The ACLU Sues a Nevada County Over Its Plan to Hand-Count Mail Ballots

    The American Civil Liberties Union of Nevada on Tuesday filed a lawsuit against a rural county over its move to start hand-counting mail-in ballots two weeks before Election Day, saying it would violate state and federal laws.The lawsuit is the latest effort to fight the Nye County commission’s plans to conduct the Nov. 8 election almost entirely with paper ballots and have the vote tallied by hand, in addition to machine tabulation. Election experts have warned that such measures could lead to lengthy delays and chaos.The changes, encouraged by Jim Marchant, the Republican who is running for the state’s top election post, are rooted in baseless conspiracy theories being circulated on the right that voting machines are being used fraudulently.Mr. Marchant, who has been vocal in challenging the 2020 presidential election result, did not immediately respond to a request for comment.The suit was filed as an emergency request known as a writ and aims to stop the county from adopting the measures, said Athar Haseebullah, the A.C.L.U.’s executive director in the state.“They’re treating our democracy as if it’s a game,” Mr. Haseebullah said. “It should be deeply offensive to everybody who cares about the process of election integrity.”Mark Kampf, the Nye County clerk who was appointed to the post in August after the retirement of Sandra Merlino, who had warned against the changes, did not respond to multiple requests for comment.The hand-counting process would be done in public; a presentation at a Sept. 20 county commissioners meeting indicated it would be streamed live and that “citizens become poll watchers at home.”Mr. Haseebullah said that could have a “chilling effect” on voter turnout and potentially violate a state law that asserts that “no voting results of mail ballots may be released until all polling places are closed and all votes have been cast on the day of the election.”“There is a longstanding tradition in the U.S. of not releasing results before Election Day,” said Gowri Ramachandran, senior counsel for the Brennan Center’s Elections and Government Program, which has urged the county against hand-counting. Voters could feel “manipulated by partial results coming out and making them feel like that their vote doesn’t count or their vote doesn’t matter,” Ms. Ramachandran said.Mr. Kampf dismissed such concerns in an interview with The Associated Press, saying that “no one sees the total result in any place.”The county is permitting the use of electronic voting machines for those with “special needs,” which the suit claims would violate state and federal privacy laws that prohibit inquiries about voters’ disability status. Mr. Marchant, who blamed fraud for his 2020 loss in Nevada’s Fourth Congressional District, helped organize the “America First” slate of secretary of state candidates this year, all of whom have repeated former President Donald J. Trump’s election falsehoods. Mr. Marchant is competing against Cisco Aguilar, a Democratic lawyer who once worked for former Senator Harry M. Reid.Democrats have long been successful in Nevada, but this year, they are facing potential losses up and down the ballot in the state. More

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    Supreme Court Allows Undated Ballots in Pennsylvania Election

    A state law required mailed ballots to be accompanied by a signed and dated declaration, but a federal appeals court ruled that undated declarations sufficed.WASHINGTON — The Supreme Court said on Thursday that election officials in Pennsylvania may count mailed ballots accompanied by voters’ declarations that were signed but not dated. The court’s order came in a tight race for a seat on a state court, but it is likely to affect other contests in the state as well.The court’s brief order gave no reasons, which is typical when the justices act on emergency applications.The court’s three most conservative members — Justices Samuel A. Alito Jr., Clarence Thomas and Neil M. Gorsuch — dissented, saying that the court should address the issue presented in the case in time for the November elections.The case concerned a state law enacted in 2019 that permitted all registered voters to vote by mail. The law required voters using mailed ballots to “fill out, date and sign” a declaration printed on the outside of the return envelope that said they were qualified to vote.The Supreme Court’s order let stand a ruling from a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit, in Philadelphia, which said the part of the state law requiring the declarations to be dated ran afoul of a provision of the federal Civil Rights Act of 1964. The provision prohibits government officials from denying the right to vote “because of an error or omission” if it “is not material in determining whether such individual is qualified under state law to vote.”The case arose from an election in November 2021 for a seat on the Lehigh County Court of Common Pleas in which David Ritter, a Republican, leads Zachary Cohen, a Democrat, by 71 votes. The local elections board determined that it would also count 257 undated ballots, and challenges in state and federal court followed.It was undisputed that the undated ballots were received by Election Day and that the elections board had accepted ballots with incorrect dates, including birth dates, rejecting only missing ones.The suit, brought by five voters who had submitted undated ballots, argued that the federal law required that all 257 undated ballots be counted. The voters, represented by the American Civil Liberties Union, told the Supreme Court that requiring a date served no purpose.“The handwritten date is so inconsequential that the Board of Elections accepted ballots where voters wrote any date whatsoever on the return envelope, even dates from decades ago,” the voters’ brief said. “The county clerk affirmed he would have accepted envelope dates from the future. Yet voters who mistakenly omitted the envelope date were disenfranchised.”In March, Judge Joseph F. Leeson Jr. of the Federal District Court in Allentown, Pa., rejected the suit, saying that only the attorney general was authorized to sue under the federal law.The Third Circuit disagreed, saying that the voters were entitled to sue and that the requirement of a dated declaration did not help determine whether the voter was qualified. “The requirement is material if it goes to determining age, citizenship, residency or current imprisonment for a felony,” Judge Theodore A. McKee wrote, concluding that adding a date to a signature did not aid in those determinations.Justice Alito, writing for the three dissenters, said the federal law did not appear to address the requirement that voters date their declarations.“When a mail-in ballot is not counted because it was not filled out correctly, the voter is not denied ‘the right to vote,’” he wrote. “Rather, that individual’s vote is not counted because he or she did not follow the rules for casting a ballot.”Understand the Battle Over U.S. Voting RightsCard 1 of 6Why are voting rights an issue now? More

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    Court Must Reconsider Case of Woman Sentenced to 5 Years for Voter Fraud

    Crystal Mason has insisted that she did not know she was ineligible to vote when she cast a provisional ballot in Texas in 2016. She was sentenced to five years in prison, but a court ruling on Wednesday raised questions about the conviction.A Texas woman whose five-year prison sentence for illegally casting a provisional ballot in the 2016 election prompted outrage among voting-rights activists will have her case reconsidered by an appeals court, the state’s highest criminal court ruled on Wednesday.The Texas Court of Criminal Appeals found that a lower appeals court had incorrectly upheld parts of the conviction of the woman, Crystal Mason, who had voted in the general election in 2016, when she was a felon on probation, and filled out a provisional ballot that was never officially counted or tallied. Ms. Mason has insisted that at the time, she did not know she was ineligible to vote and had been advised by a poll worker to submit her provisional ballot.The Second Court of Appeals in Tarrant County had said in 2020 that Ms. Mason’s unawareness “was irrelevant to her prosecution.” But the Court of Criminal Appeals disagreed, opening a channel for the conviction to be overturned.“This is great news for Ms. Mason, but the fight is not over,” Tommy Buser-Clancy, a senior staff attorney for the American Civil Liberties Union of Texas who is representing Ms. Mason, said by phone on Wednesday.The Tarrant County District Attorney’s Office, which prosecuted the case, declined to comment on Wednesday.Ms. Mason, who is free on bond, said in a statement that she was pleased with the court’s decision and that she was “ready to defend myself against these cruel charges.”“My life has been upended for what was, at worst, an innocent misunderstanding of casting a provisional ballot that was never even counted,” she said. “I have been called to this fight for voting rights and will continue to serve my community.”The case of Ms. Mason, who is Black, has spurred anger among voting rights supporters who say her experience and those of others in recent years highlight racial disparities in the criminal prosecution of voter fraud cases. They have described voting rights laws as opaque and confusing for people with felony convictions unsure of their rights.Republican officials have moved to crack down on voter fraud since the 2020 election, despite the fact that the crime remains a very rare and often accidental occurrence.Mr. Buser-Clancy said that the Court of Criminal Appeals had clarified “that for an individual to be convicted, they have to actually know that they are ineligible to vote.”The case is now heading to the Second Court of Appeals in Fort Worth, which will re-examine the evidence.Lawyers for Ms. Mason have argued that the federal government had made it clear in the Help America Vote Act of 2002 that provisional ballots should not be criminalized because they represent an offer to vote — not an actual vote. They have also argued that Texas’s election laws stipulate that a person must knowingly vote illegally to be guilty of a crime.In a similar case, a Tennessee prosecutor last month dropped all criminal charges against Pamela Moses, a Memphis woman with a previous felony conviction who was sentenced to six years and one day in prison in January after she tried to restore her right to vote in 2019. More

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    The Supreme Court Fails Black Voters in Alabama

    You know the Rubicon has been crossed when the Supreme Court issues a conservative voting rights order so at odds with settled precedent and without any sense of the moment that Chief Justice John Roberts feels constrained to dissent.This is the same John Roberts who in 1982, as a young lawyer in the administration of President Ronald Reagan, fought a crucial amendment to the Voting Rights Act of 1965; whose majority opinion in 2013 gutted one-half of the Voting Rights Act and who joined an ahistoric opinion last summer that took aim at the other half; and who famously complained in dissent from a 2006 decision in favor of Latino voters in South Texas that “it is a sordid business, this divvying us up by race.”Yes, that Chief Justice Roberts. What the 5-to-4 majority did was that far out of line.The unsigned order that drew the chief justice’s dissent Monday night blocked the decision by a special three-judge Federal District Court ordering the Alabama Legislature to draw a second congressional district in which Black residents constitute a majority. Alabama’s population is 27 percent Black. The state has seven congressional districts. The lower court held that by packing some Black voters into one district and spreading others out over three other districts, the state diluted the Black vote in violation of the Voting Rights Act.The Supreme Court will hear Alabama’s appeal of the district court order in its next term, so the stay it granted will mean that the 2022 elections will take place with district lines that the lower court unanimously, with two of the three judges appointed by President Donald Trump, found to be illegal.Chief Justice Roberts objected that the ordinary standards under which the Supreme Court grants a stay of a lower court opinion had not been met. “The district court properly applied existing law in an extensive opinion with no apparent errors for our correction,” he wrote. Justice Elena Kagan, joined by Justices Stephen Breyer and Sonia Sotomayor, also dissented in a more extensive opinion that accused the majority of using the court’s emergency “shadow docket” not only to intervene improperly on behalf of the state but also to change voting rights law in the process.This is no mere squabble over procedure. What happened Monday night was a raw power play by a runaway majority that seems to recognize no stopping point. It bears emphasizing that the majority’s agenda of cutting back on the scope of the Voting Rights Act is Chief Justice Roberts’s agenda too. He made that abundantly clear in the past and suggested it in a kind of code on Monday with his bland observation that the court’s Voting Rights Act precedents “have engendered considerable disagreement and uncertainty regarding the nature and contours of a vote dilution claim.” But in his view, that was an argument to be conducted in the next Supreme Court term while permitting the district court’s decision to take effect now.While the majority as a whole said nothing, Justice Brett Kavanaugh took it upon himself to offer a kind of defense. Only Justice Samuel Alito joined him. Perhaps the others — Justices Clarence Thomas, Neil Gorsuch and Amy Coney Barrett — chose not to sign onto his rude reference to Justice Kagan’s “catchy but worn-out rhetoric about the ‘shadow docket.’ ” Or perhaps his “To reiterate: The court’s stay order is not a decision on the merits” rang a little hollow when, as Justice Kagan pointed out, “the district court here did everything right under the law existing today” and “staying its decision forces Black Alabamians to suffer what under that law is clear vote dilution.”In other words, when it comes to the 2022 elections, for Black voters in Alabama the Supreme Court’s procedural intervention is the equivalent of a ruling on the merits.Or maybe the others couldn’t indulge in the hypocrisy of Justice Kavanaugh’s description of the standards for granting a stay. The party asking for a stay, he wrote, “ordinarily must show (i) a reasonable probability that this court would eventually grant review and a fair prospect that the court would reverse, and (ii) that the applicant would likely suffer irreparable harm absent the stay.”But wait a minute. Weren’t those conditions clearly met back in September when abortion providers in Texas came to the court seeking a stay of the Texas vigilante law, S.B. 8, which was about to go into effect? That law, outlawing abortion after six weeks of pregnancy and authorizing anyone anywhere in the country to sue a Texas abortion provider for damages, was flagrantly unconstitutional, and the law was about to destroy the state’s abortion infrastructure. But did Justice Kavanaugh or any of the others in Monday’s majority vote to grant the requested stay? They did not. Chief Justice Roberts did.It’s impossible not to conclude that what we see at work is not some neutral principle guiding the Supreme Court’s intervention but simply whether a majority likes or doesn’t like what a lower court has done. In his opinion, Justice Kavanaugh sought to avoid that conclusion by arguing that when it comes to election cases, the Supreme Court will more readily grant a stay to counteract “late judicial tinkering with election laws.” But there was no late “tinkering” here. The legislature approved the disputed plan in November, after six days of consideration, and the governor signed it. The district court conducted a seven-day trial in early January and on Jan. 24 issued its 225-page opinion. The election is months away — plenty of time for the legislature to comply with the decision.Disturbing as this development is, it is even more alarming in context. Last July, in a case from Arizona, the court took a very narrow view of the Voting Rights Act as a weapon against vote denial measures, policies that have a discriminatory effect on nonwhite voters’ access to the polls. That case, Brnovich v. Democratic National Committee, was brought under the act’s Section 2, which prohibits voting procedures that give members of racial minorities “less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice.” Justice Alito’s opinion for a 6-to-3 majority set a high bar for showing that any disputed measure is more than just an ordinary burden that comes with turning out to vote.It was an unusual case, in that Section 2 has much more typically been used as it was in Alabama, to challenge district lines as causing vote dilution. Obviously, at the heart of any Section 2 case is the question of how to evaluate the role of race. In its request for a stay, Alabama characterized the district court of having improperly “prioritized” race, as opposed to other districting factors, in ordering a second majority Black district. In response, the American Civil Liberties Union and the NAACP Legal Defense & Educational Fund, representing the Alabama plaintiffs, called this a mischaracterization of what the district court had actually done when it took account of the compactness and cohesion of the Black community and the history of white Alabama voters refusing to support Black candidates.Stripped to its core, Alabama is essentially arguing that a law enacted to protect the interests of Black citizens bars courts from considering race in evaluating a redistricting plan. Justice Kagan’s dissenting opinion contained a warning that granting the stay amounted to a tacit acceptance of that startling proposition. She said the stay reflected “a hastily made and wholly unexplained prejudgment” that the court was “ready to change the law.”The battle over what Section 2 means has been building for years, largely under the radar, and now it is front and center. The current Supreme Court term is all about abortion and guns. The next one will be all about race. Along with the Alabama case, Merrill v. Milligan, the Harvard and University of North Carolina admissions cases are also on the docket — to be heard by a Supreme Court that, presumably, for the first time in history, will have two Black justices, and all in the shadow of the midterm elections. The fire next time.Linda Greenhouse, the winner of a 1998 Pulitzer Prize, reported on the Supreme Court for The Times from 1978 to 2008. She is the author of “Justice on the Brink: The Death of Ruth Bader Ginsburg, the Rise of Amy Coney Barrett, and Twelve Months That Transformed the Supreme Court.”The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    The Moral Chasm That Has Opened Up Between Left and Right Is Widening

    There has been a remarkable erosion in public tolerance of “offensive expression about race, gender and religion,” according to Dennis Chong and Morris Levy, political scientists at the University of Southern California, and Jack Citrin, a political scientist at Berkeley.“Tolerance has declined overall,” they add, particularly “for a category of speech that is considered unworthy of First Amendment protection because it violates the goal of equality.”The three authors cite the 2018 promulgation of new guidelines by the American Civil Liberties Union — which was formerly unequivocal in its defense of free speech — as a reflection of the changing views within a large segment of the liberal community. Under the 2018 guidelines, the A.C.L.U. would now consider several factors that might warrant a refusal to take on certain cases:“Our defense of speech may have a greater or lesser harmful impact on the equality and justice work to which we are also committed” depending onthe potential effect on marginalized communities; the extent to which the speech may assist in advancing the goals of white supremacists or others whose views are contrary to our values; and the structural and power inequalities in the community in which the speech will occur.Chong, Citrin and Levy write:Arguments for censoring hate speech have gained ground alongside the strengthening of the principle of equality in American society. The expansion of equal rights for racial and ethnic minorities, women, L.G.B.T.Q., and other groups that have suffered discrimination has caused a re-evaluation of the harms of slurs and other derogatory expressions in professional and social life. The transformation of social attitudes regarding race, gender, and sexuality has fundamentally changed the tenor of debate over speech controversies.Traditionally, they point out,the main counterargument against free speech has been a concern for maintaining social order in the face of threatening movements and ideas, a classic divide between liberal and conservative values. Now, arguments against allowing hate speech in order to promote equality have changed the considerations underlying political tolerance and divided liberals amongst themselves. The repercussions of this value conflict between the respective norms of equality and free expression have rippled far beyond its epicenter in the universities to the forefront of American politics.In an email, Chong wrote that “the tolerance of white liberals has declined significantly since 1980, and tolerance levels are lowest among the youngest age cohorts.” If, he continued, “we add education to the mix, we find that the most pronounced declines over time have occurred among white, college educated liberals, with the youngest age cohorts again having the lowest tolerance levels.”The Chong-Citrin-Levy paper focuses on the concept of harm in shaping public policy and in the growing determination of large swaths of progressives that a paramount goal of public discourse is to avoid inflicting injury, including verbal injury, on marginalized groups. In this context, harm can be understood as injury to physical and mental health occurring “when stress levels are perpetually elevated by living in a constant state of hyper-vigilance.”Proponents of what is known as moral foundations theory — formulated in 2004 by Jonathan Haidt and Craig Joseph — argue that across all cultures “several innate and universally available psychological systems are the foundations of ‘intuitive ethics.’” The five foundations are care/harm, fairness/cheating, loyalty/betrayal, authority/subversion and sanctity/degradation.One of the central claims of this theory, as described in “Mapping the Moral Domain” — a 2011 paper by Jesse Graham, Brian A. Nosek, Haidt, Ravi Iyer, Spassena Koleva and Peter H. Ditto — is thatLiberal morality would prioritize harm and fairness over the other three foundations because the “individualizing foundations” of harm and fairness are all that are needed to support the individual-focused contractual approaches to society often used in enlightenment ethics, whereas conservative morality would also incorporate in-group, authority, and purity to a substantial degree (because these ‘binding foundations’ are about binding people together into larger groups and institutions).I asked Julie Wronski, a political scientist at the University of Mississippi, about the role of concerns over ideology and gender in the changing character of liberalism.“I think we need to move beyond a simple ‘gender gap’ story to better understand how conceptualizations of womanhood impact politics,” she replied. “The first way is to think about the gender gap as a ‘feminist gap.’”From this perspective, Wronski continued, men can hold feminist values and women can be anti-feminist, noting that “the attitudes people have about gender roles in society have a bigger impact on political outcomes than simple male/female identification.”Wronski cited a paper, “Partisan Sorting and the Feminist Gap in American Politics” by Leonie Huddy and Johanna Willmann, which argues that feminism “can be distinguished from political ideology when construed as support for women’s political advancement, the equalization of male and female power, the removal of barriers that impede women’s success, and a strengthening of women’s autonomy.” Huddy and Willmann noted that in a “2015 national survey, 60 percent of women and 33 percent of men considered themselves a feminist.”There are substantial differences, however, in how feminist women and men align politically, according to their analysis:We expect women’s feminist loyalty and antipathy to play a greater role in shaping their partisanship than feminist affinity among men because feminist and anti-feminist identities have greater personal relevance for women than men, elicit stronger emotions, and will be more central to women’s political outlook.The authors created a feminism scale based on the respondent’s identification with feminism, their support for female politicians, perception of sex discrimination and gender resentment. Based on survey data from the 2012 and 2016 elections, they found thatMen scored significantly lower than women in both years (men: .55 in 2012, .46 in 2016; women: .60 in 2012, .54 in 2016). Nonetheless, men and women also overlap considerably in their support and opposition to feminism.Personality characteristics play a key role, they found: “Openness to experience consistently boosts feminism.” A predilection for authoritarianism, in contrast, “consistently lowers support for feminism” while “agreeableness promotes feminism,” although its effects are strongest “among white respondents.”So too do demographic differences: “Religiously observant men and women are less supportive of feminism than their nonobservant counterparts. Well-educated respondents, especially well-educated women, are more supportive of feminism.” Single white women are “more supportive of feminism than women living with a partner.”Getty ImagesFeminism, in addition, is strongly correlated with opposition to “traditional morality” — defined by disagreement with such statements as “we should be more tolerant of people who live according to their own moral standards” and agreement with such assertions as “the newer lifestyles are contributing to a breakdown in our society.” The correlation grew from minus .41 in 2012 to minus .53 in 2016.During this century, the power of feminism to signal partisanship has steadily increased for men and even more so for women, Huddy and Willman found: “In 2004, a strong feminist woman had a .32 chance of being a strong Democrat. This increased slightly to .35 in 2008 and then increased more substantially to .45 in 2012 and .56 in 2016.” In 2004 and 2008, “there was a .21 chance that a strong feminist male was also a strong Democrat. That increased slightly to .25 in 2012 and more dramatically to .42 in 2016.”In an email, Huddy elaborated on the partisan significance of feminist commitments:It is important to remember that women can be Democrats or Republicans, but feminists are concentrated in the Democratic Party. Appealing to an ethic of care may not attract Republican women if it conflicts with their religious views concerning the family or opposition to expanded government spending. Sending a signal to feminists that the Democratic Party is behind them shores up one of their major constituencies.In a 2018 paper, “Effect of Ideological Identification on the Endorsement of Moral Values Depends on the Target Group,” Jan G. Voelkel, a sociologist at Stanford, and Mark J. Brandt, a professor of psychology at Michigan State, argue that moral foundations theory that places liberals and conservatives in separate camps needs to be modified.Voelkel and Brandt maintain that “ideological differences in moral foundations” are not necessarily the result of differences in moral values per se, but can also be driven by “ingroup-versus-outgroup categorizations.” The authors call this second process “political group conflict hypothesis.”This hypothesis, Voelkel and Brandt contend,has its roots in research that emphasizes that people’s thoughts, attitudes, and behaviors are strongly influenced by the ideological groups they identify with and is consistent with work suggesting that people’s ideological identifications function like a group identification. According to this view, liberals and conservatives may selectively and flexibly endorse moral values depending on the target group of the moral act.Voelkel and Brandt cite as an example the moral foundation of fairness:The strong version of the moral divide account predicts that liberals should be more likely to endorse the fairness foundation no matter the target group. The political group conflict account makes a different prediction: Liberals will condemn unfair treatment of liberal groups and groups stereotyped as liberal more than conservatives. However, conservatives will condemn unfair treatment of conservative groups and groups stereotyped as conservative more than liberals. Such a finding would suggest that the fairness foundation is not unique to liberals, as both groups care about fairness for their own political in-groups.The surveys the authors conducted show thatConsistent with the political group conflict hypothesis, we found that the effect of ideological identification depended on whether moral acts involved liberal or conservative groups. Consistent with the moral divide hypothesis, we found the pattern identified by MFT (liberals score higher on the individualizing foundations and conservatives score higher on the binding foundations) in the moderate target condition.Put another way:We find evidence that both processes may play a part. On one hand, we provide strong evidence that conservatives endorse the binding foundations more than liberals. On the other hand, we have shown that political group conflicts substantively contribute to the relationship between ideological identification and the endorsement of moral values.The debate over moral values and political conflict has engaged new contributors.Richard Hanania, president of the Center for the Study of Partisanship and Ideology and a former research fellow at Columbia’s Saltzman Institute of War and Peace Studies, argues thatWomen are having more of a role to play in intellectual life, so we’re moving toward female norms regarding things like tradeoffs between feelings and the search for truth. If these trends started to reverse, we could call it a “masculinization” of the culture I suppose. The male/female divide is not synonymous with right/left, as a previous generation’s leftism was much more masculine, think gender relations in communist countries or the organized labor movement in the U.S. at its peak.The role of gender in politics has been further complicated by a controversial and counterintuitive finding set forth in “The Gender-Equality Paradox in Science, Technology, Engineering and Mathematics Education” by Gijsbert Stoet and David C. Geary, professors of psychology at Essex University and the University of Missouri.The authors propose that:paradoxically, countries with lower levels of gender equality had relatively more women among STEM graduates than did more gender equal countries. This is a paradox, because gender-equal countries are those that give girls and women more educational and empowerment opportunities, and generally promote girls’ and women’s engagement in STEM fields.Assuming for the moment that this gender equality paradox is real, how does it affect politics and polarization in the United States?In an email, Mohammad Atari, a graduate student in psychology at the University of Southern California and lead author of “Sex differences in moral judgments across 67 countries,” noted that “some would argue that in more gender-egalitarian societies men and women are more free to express their values regardless of external pressures to fit a predefined gender role,” suggesting an easing of tensions.Pivoting from gender to race, however, the nonpartisan Democracy Fund’s Voter Study Group this month issued “Racing Apart: Partisan Shifts on Racial Attitudes Over the Last Decade.” The study showed thatDemocrats’ and independents’ attitudes on identity-related topics diverged significantly from Republicans’ between 2011 and 2020 — including their attitudes on racial inequality, police, the Black Lives Matter movement, immigration, and Muslims. Most of this divergence derives from shifts among Democrats, who have grown much more liberal over this period.The murder of George Floyd produced a burst of racial empathy, Robert Griffin, Mayesha Quasem, John Sides and Michael Tesler wrote, but they note that poll data suggests “this shift in attitudes was largely temporary. Weekly surveys from the Democracy Fund + UCLA Nationscape project show that any aggregate changes had mostly evaporated by January 2021.”Additional evidence suggests that partisan hostility between Democrats and Republicans is steadily worsening. In their August 2021 paper, “Cross-Country Trends in Affective Polarization,” Levi Boxell and Matthew Gentzkow, both economists at Stanford University, and Jesse M. Shapiro, a professor of political economy at Brown, wrote:In 1978, according to our calculations, the average partisan rated in-party members 27.4 points higher than out-party members on a “feeling thermometer” ranging from 0 to 100. In 2020 the difference was 56.3, implying an increase of 1.08 standard deviations.Their conclusion is that over the past four decades, “the United States experienced the most rapid growth in affective polarization among the 12 O.E.C.D. countries we consider” — the other 11 are France, Sweden, Germany, Britain, Norway, Denmark, Australia, Japan, Canada, New Zealand and Switzerland.In other words, whether we evaluate the current conflict-ridden political climate in terms of moral foundations theory, feminism or the political group conflict hypothesis, the trends are not favorable, especially if the outcome of the 2024 presidential election is close.If the continuing anger, resentment and denial among Republicans in the aftermath of the 2020 presidential contest is a precursor of the next election, current trends, in combination with the politicization of election administration by Republican state legislatures, suggest that the loser in 2024, Republican or Democrat, will not take defeat lying down.The forces fracturing the political system are clearly stronger than the forces pushing for consensus.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More