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ArizonaArizona counties find fewer than 200 possible voter fraud cases among 3m 2020 ballotsFindings undermine Trump’s claims after Biden beat him by more than 10,000 votes in state A More
The Supreme Court’s decision on voting rights suggests that limits to the convenience of voting methods may be relatively permissible, while new burdens on casting a ballot in-person might be more vulnerable.What kind of restrictions on voting violate Section 2 of the Voting Rights Act? That’s the basic question in the wake of the Supreme Court’s decision to uphold two Arizona voting provisions last week.The court’s decision didn’t offer a clear answer. Instead, it offered “guideposts” to illustrate why the Arizona law passed muster, without clearly indicating when a law might go too far. Those guideposts appear to set a high bar for successful voting rights litigation.But the guideposts offer lessons about what kinds of voting restrictions might be more or less vulnerable to legal challenge.Many of those lessons stem from a central concept underlying the decision: the idea that every voting system imposes certain “usual” burdens on voters, like traveling to a polling station or returning your ballot.Justice Samuel Alito, writing for the majority, made the case that these burdens may inevitably result in “some” racial disparity. As a result, the conservative justices reject the idea that racial disparity alone is sufficient to establish that a state denied everyone an equal opportunity to vote. That leaves the court looking for signs of a particularly unusual and distinctive burden, even though this added hurdle doesn’t exist in the text of the Voting Rights Act.The court found, without too much trouble, that the two Arizona laws weren’t particularly unusual or burdensome. That was not surprising. Even the Biden Justice Department said the laws did not violate the Voting Rights Act. But the way the court reached that conclusion nonetheless said a lot about what kinds of laws might survive judicial scrutiny.The court’s reasoning suggests that restrictions on the convenience of voting methods may be relatively permissible, while new burdens on in-person voting, whether a reduction in precincts or new voter identification requirements, might be more vulnerable. It may even mean that states with relatively lenient voting laws might have more leeway to impose new restrictions. And no matter what, a fairly large racial disparity — backed by strong statistical evidence — may be crucial in future cases.Convenience voting is less protectedSo what’s a usual burden, anyway? Oddly enough, the clearest benchmark offered by the court is whether a rule imposes a burden that was typical in 1982, when the Voting Rights Act was last amended.If the burden on voters was typical at the time, the thinking goes, then Congress probably didn’t intend to undermine those provisions.What kind of burden would that be? The court went out of its way to note that there was virtually no early or no-excuse mail absentee voting at the time. That can lead one to infer that the court may be fairly likely to accept restrictions on mail and early voting. From this point of view, convenience voting is a bonus option for voters, and any restriction would still leave voters less burdened than they were 40 years ago.The court refrained from deciding “whether adherence to, or a return to, a 1982 framework is necessarily lawful.” Perhaps it would not be, since nonwhite voters now disproportionately use methods intended to make voting more convenient, like early voting. And many states have scaled back their traditional Election Day voting options as demand has declined; simply eliminating convenience voting would often leave many voters with fewer options than they had 40 years ago. On the other hand, there’s not much evidence that expanded voting options have narrowed racial disparities in turnout.Wherever the court draws the line, it’s hard to avoid the conclusion that new ways to make voting more convenient will not be vigorously protected by the court.Novel restrictions may be unprotectedAt the same time, the court may look askance at novel regulations that impose burdens beyond what existed in 1982. Strict photo identification requirements, for instance, did not exist back then. And there was a certain level of basic access, in terms of the availability of in-person precincts, registration and voting hours, which the court would presumably be likely to protect.In oral arguments, Justice Elena Kagan asked whether it would be legal for a state to put all of its polling places in country clubs, where Black voters would need to travel farther than whites and would fear discrimination and experience a high level of discomfort. A 1982 standard, whatever its merits, would offer some level of protections against that kind of extreme possibility, even as it may allow rollbacks in mail and early voting.Size mattersWith the court resigned to some inevitable racial disparities in voting, successful voting rights litigation may entail finding a fairly large racial disparity.How large? Well, probably larger or clearer than in the Arizona case.The court believed that the requirement to vote in your own precinct would affect 1 percent of nonwhite in-person voters and .5 percent of non-Hispanic white in-person voters, or a disparity of about .5 percentage points. Even these figures overstate the share of voters who would be affected by the provision, as the majority of Arizonans cast ballots by mail, not in-person.Strong statistical evidence is also clearly important. The plaintiffs did not have any statistics to establish whether banning third-party ballot collection would create a large racial disparity in voting, and the court brushed aside the testimonial evidence that it was used more by non-white and especially Native American voters.If there’s any consolation for voting rights activists, it’s that many of the most prominent “voter suppression” laws usually feature clear statistical evidence showing that it imposes a burden on a larger share of eligible voters than Arizona’s requirement that voters cast ballots in their own precinct. But what the statistical threshold is for striking down a restrictive law based on racial disparity — 2 points, 5 points, 10 points? — remains to be seen.Court rules that fraud is a legitimate state interestNot even evidence of an unusual burden or a strong racial disparity would necessarily ensure the demise of a voting restriction, under the new ruling. The court also says it will weigh the strength of the state’s interest in regulating its elections against whatever burden it imposes.Judge Alito stated unequivocally in his opinion that preventing fraud was a “strong and entirely legitimate” state interest. A restriction that can be construed as a “reasonable means” for pursuing a legitimate state interest, like preventing fraud or ensuring that votes are cast free from intimidation, will be easier for the state to justify.Other restrictions, like eliminating automatic voter registration or Sunday early voting, do not have a clear connection to a strong state interest, like reducing fraud, and could be more likely to violate the Voting Rights Act.The case said relatively little new about establishing discriminatory intent, the focus of the Justice Department’s case in Georgia. The court reiterated its view that restrictions intended to advantage a specific political party are acceptable, though that distinction may be harder to sustain in Georgia, where Black voters make up an outright majority of Democrats. And the court rejected the theory that an otherwise legitimate and non-discriminatory legislative effort can be contaminated by racially tinged outside context. But that is not the allegation in Georgia, where the Justice Department asserts that the legislative process itself was flawed.The totality of the electoral systemPerhaps the most analytically significant twist in the court’s analysis is that it believes a state’s entire system of voting must be considered when evaluating the burden imposed by a provision.In a certain sense, it’s obvious that a state’s voting system affects whether a particular restriction imposes a great burden on voters. If Texas passed a law to require only a single in-person voting center per county, it might be tantamount to an end to free and fair elections in the state. But that’s the standard in Washington State, where nearly all votes are cast by mail.The court takes this proposition pretty far in the Arizona case. It implies that the availability of multiple, relatively easy options allows for restrictions on any particular option. It says, for instance, that the availability of no-excuse absentee voting — as opposed to universal vote by mail in Washington State — makes it easier to accept restrictions on in-person Election Day voting, even though many voters do not use mail voting and the opportunity to apply for a mail ballot has passed by the time Election Day rolls around.As a result, states offering more voting opportunities will probably find it easier to defend new voting restrictions. That’s probably good news for a state like Georgia, which has no-excuse absentee, early and Election Day voting. More
Democrats and voting rights groups say they can no longer count on the federal courts, including the Supreme Court, to serve as a backstop for preventing racially discriminatory voting restrictions.The 6-to-3 decision by the Supreme Court on Thursday that upheld voting restrictions in Arizona has effectively left voting rights advocates with a higher bar for bringing federal cases under the Voting Rights Act: proving discriminatory intent.That burden is prompting civil rights and voting groups to recalibrate their approach to challenging in court the raft of new restrictions that Republican-controlled legislatures have passed this year in the aftermath of Donald J. Trump’s election loss in November. No longer, they say, can they count on the federal courts, including the Supreme Court, to serve as a backstop for preventing racially discriminatory voting restrictions.“We have to remember that the Supreme Court is not going to save us — it’s not going to protect our democracy in these moments when it is most necessary that it does so,” Sam Spital, the director of litigation at the NAACP Legal Defense Fund, said Friday.The high court gutted the central protection of the Voting Rights Act in a 2013 decision, and on Thursday the court further limited the act’s reach in combating discriminatory laws, establishing strict new guidelines for proving the laws’ effects on voters of color and thus requiring litigants to clear the much higher bar of proving purposeful intent to discriminate.Mr. Spital said his group would have to carefully assess its next moves and “think very carefully” before bringing new cases that, if defeated, could set damaging new precedents. The Arizona case, filed in 2016 by the Democratic National Committee, was considered a weak vehicle for challenging new voting laws; even the Biden administration acknowledged that the Arizona law was not discriminatory under the Voting Rights Act. Choosing the wrong cases, in the wrong jurisdictions, could lead to further setbacks, Mr. Spital and other voting rights advocates said.At the same time, Mr. Spital said, it is imperative that voting restrictions enacted by Republicans not go unchallenged.“It will force us to work even harder in the cases that we do bring,” he said. “Once the rules of the game are set, even if they are tilted against us, we have the resources — we have extraordinary lawyers, extraordinary clients, and we have the facts on our side.”Thursday’s ruling also laid bare an uncomfortable new reality for Democrats and voting activists: that under existing law, they can expect little help from the federal courts on election laws that are passed on a partisan basis by the party that controls a state government. Republican lawmakers in Georgia, Florida and Iowa have moved aggressively to push through voting laws, brushing aside protests from Democrats, voting rights groups and even major corporations.Arizona Republicans were candid about the partisan nature of their efforts when the Supreme Court heard the case in March. A lawyer for the Arizona Republican Party told the justices that the restrictions were needed because without them, Republicans in the state would be “at a competitive disadvantage relative to Democrats.”“It’s much harder to prove these things — it takes a lot more evidence,” said Travis Crum, a law professor at Washington University in St. Louis who specializes in voting rights and redistricting cases. “Courts are often reluctant to label legislators racist. That’s why the effects standard was added in 1982.”The high court’s decision also raises the stakes for 2022 contests for governor in the key swing states of Michigan, Pennsylvania and Wisconsin, where Democratic governors are poised to block measures proposed by Republican-controlled legislatures. If a Republican won the governor’s seat in any of those states, the legislature would have a clear path to pushing through new voting laws.Republicans on Friday lauded the Supreme Court ruling, calling it a validation of the need to combat voter fraud — though no evidence of widespread fraud emerged in President Biden’s victory.Justin Riemer, the chief counsel at the Republican National Committee, argued that the new “guideposts” set by Justice Samuel Alito, who wrote the majority opinion, were welcome and would force a recognition of the broader options for voting available in a state.“It reaffirms, for example, that states have an incredibly important interest in protecting against voter fraud and promoting voter confidence,” Mr. Riemer said. “When the court looked at Arizona’s laws, it noted how generous the voting provisions were.”Mr. Riemer noted that Democrats would also have a harder time in meeting new standards for showing that laws impose unreasonable burdens on voters.“I don’t want to say completely shuts them out of Section 2, but it’s going to make it very difficult for them to strike down laws that are really minimally, if at all, burdensome,” Mr. Riemer said, referring to the section of the Voting Rights Act that addresses racially discriminatory practices.Major Supreme Court decisions affirming a new restriction on voting have historically been followed by waves of new state-level legislation. In 2011, 34 states introduced some form of new voter identification legislation after the court upheld Indiana’s voter identification law in 2008.The first immediate test of a newly emboldened legislature will come next week in Texas, where lawmakers are scheduled to reconvene for a special session, in a second attempt by Republicans to pass an election overhaul bill. The first attempt failed after Democrats in the State Legislature staged a contentious late-night walkout, temporarily halting proposals that were among the most restrictive in the country.Those proposals included bans on new methods of voting, a reduction in Sunday voting hours and provisions that would make it easier to overturn elections and would greatly empower partisan poll watchers.The uncertain legal fights will play out in a federal judiciary remade during Mr. Trump’s administration, and Democrats in Congress have failed to enact federal voter protections.The legal defense fund that Mr. Spital represents sued Georgia in May over its new voting laws, arguing that the laws would have a discriminatory effect. Other lawsuits, including one the Department of Justice filed last week, argue that Georgia acted with intent to discriminate against voters of color.But some Democrats, while lamenting the decision by the Supreme Court, noted that they still had plenty of constitutional tools to challenge repressive voting laws.“Obviously, it is now going to be more difficult to litigate,” said Aneesa McMillan, a deputy executive director at the super PAC Priorities USA, who oversees the organization’s voting rights efforts. “But most of our cases that we challenge, we challenge based on the First, the 14th and the 15th amendments of the Constitution.”Among the guideposts Justice Alito articulated is an assessment of “the standard practice” of voting in 1982, when Section 2 of the Voting Rights Act was amended.“It is relevant that in 1982 States typically required nearly all voters to cast their ballots in person on election day and allowed only narrow and tightly defined categories of voters to cast absentee ballots,” Justice Alito wrote.Thursday’s Supreme Court ruling established a series of guideposts for determining whether merely the effect of a voting law is discriminatory, rather than the intent.Stefani Reynolds for The New York TimesThe court did not address the purpose clause of Section 2. But those cases often rely on racist statements by lawmakers or irregularities in the legislative process — trickier elements of a legal case to prove than the effects.“You’re not going to get that smoking gun kind of evidence,” said Sophia Lakin, the deputy director of the A.C.L.U.’s Voting Rights Project. “It’s pulling together a lot of circumstantial pieces to show the purpose is to take away the rights of voters of color.”People protested voting restrictions outside the Texas Capitol in Austin in May.Mikala Compton/ReutersIn Texas, some Democrats in the Legislature had been hoping that they could work toward a more moderate version of the bill in the special session that starts next week; it remains to be seen whether the Supreme Court decision will induce Republicans to favor an even more restrictive bill.Lt. Gov. Dan Patrick and State Representative Briscoe Cain, both Republicans, did not respond to requests for comment. Speaker Dan Phelan and State Senator Bryan Hughes, both Republicans, declined to comment.But whether the Supreme Court decision will open the floodgates for more restrictive voting legislation in other states remains an open question; more than 30 state legislatures have adjourned for the year, and others have already passed their voting laws.“It’s hard to imagine what a spike in voting restrictions would look like now, because we are already seeing such a dramatic surge, more than at any time since Reconstruction,” said Wendy Weiser, the director of the Democracy Program at the Brennan Center for Justice, a research institute. “But passing new waves of legislation has certainly been the response in recent years.”Gov. Tony Evers of Wisconsin is one of the Democratic governors who are holding off voting measures passed by Republican-led legislatures. On Wednesday, he vetoed the first of several pieces of Republican legislation on the electoral process.In an interview, he said Republicans’ monthslong effort to relitigate the 2020 election had had the effect of placing voting rights on the level of health care and education among the top priorities of Wisconsin voters.“It’s rising up as far as people’s recognizing that it’s an important issue,” Mr. Evers said. “They brought it on themselves, frankly, the Republicans have. I don’t think the people of Wisconsin thought the election was stolen. They understand that it was a fair election. And so the Republicans’ inability to accept Donald Trump’s loss is making it more of a bread-and-butter issue here.” More
Donald Trump tried to reach the top Republican in metropolitan Phoenix as his allies were trying to overturn the state’s 2020 results, according to the official, who said he did not pick up the calls.President Donald J. Trump twice sought to talk on the phone with the Republican leader of Arizona’s most populous county last winter as the Trump campaign and its allies tried unsuccessfully to reverse Joseph R. Biden Jr.’s narrow victory in the state’s presidential contest, according to the Republican official and records obtained by The Arizona Republic, a Phoenix newspaper.But the leader, Clint Hickman, then the chairman of the Maricopa County Board of Supervisors, said in an interview on Friday that he let the calls — made in late December and early January — go to voice mail and did not return them. “I told people, ‘Please don’t have the president call me,’” he said.At the time, Mr. Hickman was being pressed by the state Republican Party chairwoman and Mr. Trump’s lawyer Rudolph W. Giuliani to investigate claims of fraud in the county’s election, which Mr. Biden had won by about 45,000 votes.Liz Harrington, a spokeswoman for Mr. Trump, said in a statement that “it’s no surprise Maricopa County election officials had no desire to look into significant irregularities during the election,” though there is no evidence of widespread problems with Arizona’s election. She did not directly address the calls reportedly made by Mr. Trump. Two former campaign aides said they knew nothing about the outreach to the Maricopa County official.The Arizona Republic obtained the records of the phone calls from Mr. Trump and Mr. Giuliani after a Freedom of Information Act request.Mr. Hickman and the county’s four other supervisors certified the election results and have repeatedly called the vote free and fair. But the Republican-controlled State Senate began its own review of all 2.1 million votes cast in the county, which has been widely criticized by state officials from both parties and is still underway.The Arizona Republic reported that the calls came as the state Republican chairwoman, Kelli Ward, sought to connect Mr. Hickman and other county officials to Mr. Trump and his allies so they could discuss purported irregularities in the county’s election.Ms. Ward first told Mr. Hickman on Nov. 13, the day after the Maricopa vote count sealed Mr. Biden’s victory in Arizona, that the president would probably call him. But the first call did not come until New Year’s Eve, when Mr. Hickman said the White House operator dialed him as he was dining with his wife.Mr. Hickman said the switchboard operator left a voice mail message saying Mr. Trump wished to speak with him and asking him to call back. He didn’t. Four nights later, the White House switchboard operator called Mr. Hickman again, he said. By then, Mr. Hickman recalled, he had read a transcript of Mr. Trump’s call with Brad Raffensperger, the Georgia secretary of state whom Mr. Trump pressured to “find more votes” to reverse his defeat in the state. “I had seen what occurred in Georgia and I was like, ‘I want no part of this madness and the only way I enter into this is I call the president back,’” Mr. Hickman said.He sent the call to voice mail and did not return it because, he said, the county was in litigation over the election results at that point.In November and December, Mr. Giuliani also called Mr. Hickman and the three other Republicans on the Board of Supervisors, The Republic reported. That call to Mr. Hickman also went to his voice mail, he said, and he did not return it either.Among those he consulted with while considering whether to return Mr. Trump’s calls, Mr. Hickman said, was Thomas Liddy, the litigation chief of Maricopa County. Mr. Liddy is a son of G. Gordon Liddy, the key figure in the Watergate burglary. “History collides,” Mr. Hickman said. “It’s a small world.”Annie Karni More
In two disturbing rulings closing out the Supreme Court’s term, the court’s six-justice conservative majority, over the loud protests of its three-liberal minority, has shown itself hostile to American democracy.In one case, Brnovich v. Democratic National Committee, the court has weakened the last remaining legal tool for protecting minority voters in federal courts from a new wave of legislation seeking to suppress the vote that is emanating from Republican-controlled states. In the other, Americans for Prosperity v. Bonta, the court has laid the groundwork for lower courts to strike down campaign finance disclosure laws and laws that limit campaign contributions to federal, state and local candidates.The court is putting our democratic form of government at risk not only in these two decisions but in its overall course over the past few decades.Let’s begin with voting rights. In Brnovich, the court, in an opinion written by Justice Samuel Alito, held that two Arizona rules — one that does not count votes for any office cast by a voter in the wrong precinct and another that prevents third-party collection of absentee ballots (sometimes pejoratively referred to by Donald Trump and his allies as ballot harvesting) — do not violate Section 2 of the Voting Rights Act.Section 2 is supposed to guarantee that minority voters have the same opportunity as other voters to participate in the political process and to elect representatives of their choice. The evidence presented to the court showed that minority voters were much more likely to have their votes thrown out than white voters for out-of-precinct voting and that Native Americans — because many live on large reservations — were less likely to vote in the absence of help with ballot collection.That the conservative majority of justices on the Supreme Court found that these rules did not violate Section 2 is unsurprising. Compared to other laws making it harder to register and to vote, such as strict voter identification provisions, these were relatively tame. In fact, some voting rights lawyers were unhappy that the Democratic National Committee pushed this case aggressively; minority voters have had some success using Section 2 in the lower courts, even getting the very conservative U.S. Court of Appeals for the Fifth Circuit to strike down Texas’ voter ID law, one of the strictest in the nation. The concern was that the Supreme Court would mess up this track for protecting voting rights.And mess it up it did. The real significance of Brnovich is what the court says about how Section 2 applies to suppressive voting rules. Rather than focus on whether a law has a disparate impact on minority voters, as Justice Elena Kagan urged in her dissent, the court put a huge thumb on the scale in favor of restrictive state voting rules.Thanks to Brnovich, a state can now assert an interest in preventing fraud to justify a law without proving that fraud is actually a serious risk, but at the same time, minority voters have a high burden: They must show that the state has imposed more than the “usual burdens of voting.” Justice Alito specifically referred to voting laws in effect in 1982 as the benchmark, a period when early and absentee voting were scarce and registration was much more onerous in many states.It is hard to see what laws would be so burdensome that they would flunk the majority’s lax test. A ban on Sunday voting despite African American and other religious voters doing “souls to the polls” drives after church? New strict identification requirements for those voting by mail? More frequent voter purges? All would probably be OK under the court’s new test as long as there are still some opportunities for minority citizens to vote — somewhere, somehow.What’s worse, the court did not decide Brnovich in a vacuum but after two other significant decisions that undermined the fight against restrictive voting rules. In a 2008 decision, Crawford v. Marion County Election Board, the court again put a thumb on the scale favoring a state’s restrictive laws when it upheld Indiana’s voter identification law against an argument that it violated the equal protection clause of the 14th Amendment. And in the infamous 2013 Shelby County v. Holder case, the court killed off the part of the Voting Rights Act that required states and other jurisdictions with a history of racial discrimination in voting to get approval before they could adopt laws that could burden minority voters.We were assured back then not to worry about the loss of this preclearance provision because there was always Section 2 to fall back on. So much for that. There are now fewer and fewer tools with which to fight suppressive voting rules in the federal courts.And Justice Alito ended with a shot across the bow for Congress, should it consider amending the Voting Rights Act to provide an easier standard for minority plaintiffs to meet, such as Justice Kagan’s disparate impact test in dissent. Such a test, he wrote, would “deprive the states of their authority to establish nondiscriminatory voting rules,” potentially in violation of the Constitution.The news on the campaign finance front is almost as dire. In the Americans for Prosperity case, the court considered a law that required charities to disclose their donors in reports filed with the government of California. The state wanted the information for law enforcement purposes, to ferret out fraud by charities, and by law, the information was not supposed to be publicly released. Unfortunately, California had leaks, and some of the information was disclosed. The groups challenging the law said compelled disclosure of their donors violated their First Amendment rights. They put forth evidence that their donors faced danger of harassment if they were revealed. The court had long held that those who face such a danger can be exempt from disclosure rules.Once again, it is unsurprising that this particular conservative majority on the Supreme Court sided with these conservative charities. And had the court said only that California’s law as applied to those facing a threat of harassment was unconstitutional, it would have been no big deal. But the majority opinion, by Chief Justice John Roberts, is much more troubling. The court held the disclosure law could not be applied to anyone, even those not facing a risk of harassment. He also rejiggered the First Amendment standards to call many other laws into question.In the Americans for Prosperity case, he redefined the “exacting scrutiny” standard to judge the constitutionality of disclosure laws so that the government must show its law is “narrowly tailored” to an important government interest. This makes it more like strict scrutiny and more likely that disclosure laws will be struck down. As Justice Sonia Sotomayor wrote in her dissent, “Today’s analysis marks reporting and disclosure requirements with a bull’s-eye.”The court’s ruling calls into question a number of campaign finance disclosure laws. Perhaps even more significant, it also threatens the constitutionality of campaign contribution laws, which are judged under the “exacting scrutiny” standard, too. Lower courts can now find that such laws are not narrowly tailored to prevent corruption or its appearance or do not provide voters with valuable information — two interests the court recognized in the past to justify campaign laws. A requirement to disclose a $200 contribution? A $500 campaign contribution limit? Plaintiffs in future cases are likely to argue that laws targeting small contributions for disclosure or imposing low contribution limits are not “narrowly tailored” enough to deter corruption or give voters valuable information, even if Congress or a state or municipality found such laws necessary.And that’s a key point. As in Shelby County and in the 2010 Citizens United case, which struck down Congress’s limit on corporate campaign spending, this conservative Supreme Court in today’s rulings shows no deference to democracy-enhancing laws passed by Congress, states or local governments.Justice Kagan’s Brnovich dissent is passionate about the majority’s failure to defer to Congress’s determination that minority voters need protection. Instead, the majority showed undue deference to democracy-reducing laws passed by states and localities.If you put the Brnovich and Americans for Prosperity cases together, the court is making it easier for states to pass repressive voting laws and easier for undisclosed donors and big money to influence election outcomes.It is too much to ask for the Supreme Court to be the main protector of American democracy. But it should not be too much to ask that the court not be one of the major impediments.Richard L. Hasen (@rickhasen) is a professor of law and political science at the University of California, Irvine, and the author of “Election Meltdown: Dirty Tricks, Distrust and the Threat to American Democracy.”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
The decision, a test of what remains of the Voting Rights Act, suggested that challenges to many new measures making it harder to vote may not be successful.WASHINGTON — The Supreme Court on Thursday upheld voting restrictions in Arizona and signaled that challenges to new state laws making it harder to vote would face a hostile reception from a majority of the justices.The vote was 6 to 3, with the court’s three liberal members in dissent.The decision was the court’s first consideration of how a crucial part of the Voting Rights Act of 1965 applies to voting restrictions that have a disproportionate impact on members of minority groups, and it was issued as disputes over voting rights have taken center stage in American politics.As Republican-controlled state legislatures increasingly seek to impose restrictive new voting rules, Democrats and civil rights groups have turned to the courts to argue that Republicans are trying to suppress the vote, thwart the will of the majority and deny equal access to minority voters. The decision suggested that the Supreme Court would not be inclined to strike down many of the measures.The larger message of the ruling was that the Voting Rights Act of 1965, hobbled after the Supreme Court in 2013 effectively struck down its central provision, retains only limited power to combat voting restrictions said to disproportionately affect minority voters’ access to the polls.The 2013 decision, Shelby County v. Holder, concerned the law’s Section 5, which required prior federal approval of changes to voting procedures in parts of the country with a history of racial and other discrimination. But Chief Justice John G. Roberts Jr.’s majority opinion said the law’s Section 2 would remain in place to protect voting rights by allowing litigation after the fact.While Section 5 was available, Section 2 was used mostly in redistricting cases, where the question was whether voting maps had unlawfully diluted minority voting power. Its role in testing restrictions on the denial of the right to vote itself has been subject to much less attention.The new case, Brnovich v. Democratic National Committee, No. 19-1257, concerned two kinds of voting restrictions in Arizona. One required election officials to discard ballots cast at the wrong precinct. The other made it a crime for campaign workers, community activists and most other people to collect ballots for delivery to polling places, a practice critics call “ballot harvesting.” The law made exceptions for family members, caregivers and election officials.The larger battle in the case was not whether the particular challenged restrictions should survive. The Biden administration, for instance, told the justices in an unusual letter that the Arizona measures did not violate Section 2. But the letter disavowed the Trump administration’s interpretation of Section 2, which would have limited its availability to test the lawfulness of all sorts of voting restrictions.Section 2 bars any voting procedure that “results in a denial or abridgment of the right of any citizen of the United States to vote on account of race.” That happens, the provision goes on, when, “based on the totality of circumstances,” racial minorities “have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice.”Tracking the Major Supreme Court Decisions This TermPublic opinion is closely divided on health care, voting, religion and gay rights cases.The Arizona case was filed by the Democratic National Committee in 2016. Last year, the United States Court of Appeals for the Ninth Circuit, in San Francisco, ruled that both Arizona restrictions violated Section 2 because they disproportionately disadvantaged minority voters.In 2016, Black, Latino and Native American voters were about twice as likely to cast ballots in the wrong precinct as were white voters, Judge William A. Fletcher wrote for the majority in the 7-to-4 decision. Among the reasons for this, he said, were “frequent changes in polling locations; confusing placement of polling locations; and high rates of residential mobility.”Similarly, he wrote, the ban on ballot collectors had an outsize effect on minority voters, who use ballot collection services far more than white voters because they are more likely to be poor, older, homebound or disabled; to lack reliable transportation, child care and mail service; and to need help understanding voting rules.Judge Fletcher added that “there is no evidence of any fraud in the long history of third-party ballot collection in Arizona.”In dissent, four judges wrote that the state’s restrictions were commonplace, supported by common sense and applied neutrally to all voters.Lawmakers were entitled to try to prevent potential fraud, Judge Diarmuid F. O’Scannlain wrote. “Given its interest in addressing its valid concerns of voter fraud,” he wrote, “Arizona was free to enact prophylactic measures even though no evidence of actual voter fraud was before the legislature.”The appeals court stayed its ruling, and the restrictions were in place for the election last November. More
The State Legislature shifted legal authority from the secretary of state to a Republican attorney general, and enacted election measures it said would stop fraud.WASHINGTON — The Republican-controlled State Legislature in Arizona voted Thursday to revoke the Democratic secretary of state’s legal authority in election-related lawsuits, handing that power instead to the Republican attorney general.The move added more discord to the politics of a state already roiled by the widely derided move by Senate Republicans to commission a private firm to recount the vote six months after the November election. And it was the latest in a long series of moves in recent years by Republicans to strip elected Democrats of money and power in states under G.O.P. control.The measure was part of a grab bag of proposals inserted into major budget legislation, including several actions that appeared to address conspiracy theories alleging manipulated elections that some Republicans lawmakers have promoted. One of the items allotted $500,000 for a study of whether social media sites tried to interfere in state elections by promoting Democrats or censoring Republicans.The State House approved the legislation late Thursday. It now goes to Gov. Doug Ducey, a Republican, who has the power to accept or reject individual parts of the measure.Secretary of State Katie Hobbs and Attorney General Mark Brnovich have sparred before over election lawsuits, with Mr. Brnovich arguing that Ms. Hobbs would not adequately defend the state against suits, some of them filed by Democrats, that seek to broaden access to the ballot. Ms. Hobbs has denied the charge.The bill approved on Thursday gives Mr. Brnovich’s office exclusive control of such lawsuits, but only through Jan. 2, 2023 — when the winners of the next elections for both offices would be about to take power. The aim is to ensure that the authority given to Mr. Brnovich would not transfer to any Democrat who won the next race for attorney general.Attorney General Mark Brnovich of Arizona would gain new powers under the legislation.Bob Christie/Associated PressOn Friday, Ms. Hobbs called the move “egregious,” saying Republicans were “weaponizing the process to take retribution against my office.”The move against Ms. Hobbs continues a Republican strategy of weakening elected Democrats’ authority that dates at least to 2016, when the G.O.P.-controlled legislature in North Carolina stripped the state’s executive branch of political appointments and control of state and county election boards just before Roy Cooper, a Democrat, took over as governor.Lawmakers said then that Democrats had behaved similarly in the past, citing a Democratic governor’s decision in 1976 to oust 169 policymakers hired by Republicans. But similar tactics have since been employed to weaken new Democratic governors in Kansas, Wisconsin and Michigan. Democrats in many states with Republican-controlled legislatures have fought efforts to curb their governors’ emergency powers to deal with the pandemic.Most recently, Georgia Republicans have been in the forefront of G.O.P. attempts nationwide to exert more control over local election officials. In both Georgia and Kansas, legislators even voted to defang the offices of Republican secretaries of state who had defended the security and fairness of elections.Most other election provisions in the Arizona budget legislation are billed as safeguards against fraud, almost none of which has been found in the past election. One orders a review of voter registration databases in counties with more than a million residents — that is, the counties that are home to the Democrat-leaning cities of Phoenix and Tucson.A new Election Integrity Fund would dole money to county election officials to toughen security and to finance hand counts of ballots after elections. That would appear to open the door to more fraud investigations like the Republican-ordered review of November election ballots in Maricopa County, which was carried by President Biden and Arizona’s two Democratic senators.That effort has been mocked by experts for its high-resolution examination of ballots for evidence of fakery, including bamboo fibers and watermarks that, according to a QAnon conspiracy theory, are visible only under ultraviolet light.Maricopa County ballots cast in the 2020 general election were examined by contractors working for the Florida-based company Cyber Ninjas, at Veterans Memorial Coliseum in Phoenix last month.Pool photo by Matt York, via Associated PressBut the legislation requires all future ballots to contain at least three anti-fraud countermeasures like holograms, watermarks, ultraviolet-visible numbers or intricate engravings and special inks.It also appropriates $500,000 to determine whether social media and search engine algorithms are biased for or against “one or more candidates of a political party” and whether candidates’ access to them has been restricted. The legislation suggests that such actions could amount to in-kind contributions to candidates or parties that were not reported under Arizona law.Republican legislators cast the anti-fraud clauses as common-sense steps to make elections safer. State Senator Sonny Borrelli, who proposed the changes to ballots, said many of the countermeasures were already used to make it hard to produce counterfeit currency.“Shouldn’t your ballot have the same protections?” he said.The bill drew immediate criticism from voting-rights advocates, who called its provisions the stuff of conspiracy theories. “This is legislating based on the big lie,” said Emily Kirkland, the executive director of one group, Progress Arizona. “And it’s a really dangerous way to approach making law.”County election officials said they were skeptical about whether the ballot countermeasures were either needed or practical. Aside from the cost, it is unclear whether there are enough printing companies that are able to produce such ballots to allow for competitive bidding on printing contracts, said Leslie Hoffman, the recorder in Yavapai County, whose main city is Prescott.The ballots also would require new equipment to verify their authenticity before being tabulated, and it is unclear whether existing tabulators would even accept them, said Jennifer Marson, the executive director of the Arizona Association of Counties.“This gives the impression that everyone’s ready to go and all we have to do is opt in” to the new countermeasures, she said. “And everything is not ready to go.” More
CHEYENNE, Wyo. — The young couple posing in front of the faux Eiffel Tower at the Paris hotel in Las Vegas fit right in, two people in a sea of idealistic Democrats who had arrived in the city in February 2020 for a Democratic primary debate.Large donations to the Democratic National Committee — $10,000 each — had bought Beau Maier and Sofia LaRocca tickets to the debate. During a cocktail reception beforehand, they worked the room of party officials, rainbow donkey pins affixed to their lapels.In fact, much about them was a lie. Mr. Maier and Ms. LaRocca were part of an undercover operation by conservatives to infiltrate progressive groups, political campaigns and the offices of Democratic as well as moderate Republican elected officials during the 2020 election cycle, according to interviews and documents.Using large campaign donations and cover stories, the operatives aimed to gather dirt that could sabotage the reputations of people and organizations considered threats to a hard-right agenda advanced by President Donald J. Trump.At the center of the scheme was an unusual cast: a former British spy connected to the security contractor Erik Prince, a wealthy heiress to the Gore-Tex fortune and undercover operatives like Mr. Maier and Ms. LaRocca who used Wyoming as a base to insinuate themselves into the political fabric of this state and at least two others, Colorado and Arizona.In more than two dozen interviews and a review of federal election records, The New York Times reconstructed many of the operatives’ interactions in Wyoming and other states — mapping out their associations and likely targets — and spoke to people with whom they discussed details of their spying operation. Publicly available documents in Wyoming also tied Mr. Maier and Ms. LaRocca to an address in Cody used by the former spy, Richard Seddon.What the effort accomplished — and how much information Mr. Seddon’s operatives gathered — is unclear. Sometimes, their tactics were bumbling and amateurish. But the operation’s use of spycraft to manipulate the politics of several states over years greatly exceeds the tactics of more traditional political dirty tricks operations.It is also a sign of how ultraconservative Republicans see a deep need to install allies in various positions at the state level to gain an advantage on the electoral map. Secretaries of state, for example, play a crucial role in certifying election results every two years, and some became targets of Mr. Trump and his allies in their efforts to overturn the results of the 2020 election.Sofia LaRocca and Beau Maier were in Las Vegas last year for the Democratic primary debate. They had insinuated themselves into the fabric of progressive movements in the West.The campaign followed another effort engineered by Mr. Seddon. He aided a network of conservative activists trying to discredit perceived enemies of Mr. Trump inside the government, including a planned sting operation in 2018 against Mr. Trump’s national security adviser at the time, H.R. McMaster, and helping set up secret surveillance of F.B.I. employees and other government officials.Mr. Prince had set Mr. Seddon’s work in motion, recruiting him around the beginning of the Trump administration to hire former spies to train conservative activists in the basics of espionage, and send them on political sabotage missions.By the end of 2018, Mr. Seddon secured funding from the Wyoming heiress, Susan Gore, according to people familiar with her role. He recruited several former operatives from the conservative group Project Veritas, where he had worked previously, to set up the political infiltration operation in the West.Project Veritas has a history of using operatives with fake names to target liberal organizations and make secret recordings to embarrass them.The endeavor in the West appears to have had two primary goals: penetrate local and eventually national Democratic political circles for long-term intelligence gathering, and collect dirt on moderate Republicans that could be used against them in the internecine party battles being waged by Mr. Trump and his allies.Nate Martin, the head of Better Wyoming, a progressive group that was one of the operation’s targets, said he suspected that its aim was to “dig up this information and you sit on it until you really can destroy somebody.”Toward the first goal, operatives concocted cover stories and made large campaign donations to gain entree to Democratic events such as the Las Vegas debate and a Washington fund-raiser attended by Democratic lawmakers.They also took aim at the administration of the Republican governor of Wyoming, Mark Gordon, whom hard-right conservatives considered far too moderate and whose candidacy Ms. Gore had opposed in 2018. They targeted a Republican state representative, now the Wyoming speaker of the house, because of his openness to liberalizing marijuana laws — a position Ms. Gore vigorously opposes.Using her Democratic cover identity, Ms. LaRocca got a job working for a consortium of wealthy liberal donors in Wyoming — the Wyoming Investor Network, or WIN — that had decided to back some moderate Republicans. The job gave her access to valuable information.“Getting the WIN stuff is really damaging,” said Chris Bell, who worked as a political consultant for the consortium. “It’s the entire strategy. Where the money is going. What we’re doing long term.”Mr. Seddon, Mr. Maier and Ms. LaRocca did not respond to requests for comment about the operation or the campaign contributions. Cassie Craven, a lawyer for Ms. Gore, also did not respond to emails or a voice mail message seeking comment about the operation, nor did Ms. Gore herself.When The Times reached out to political activists and politicians who had come to know Mr. Maier and Ms. LaRocca, informing them of the couple’s true agenda, some said the news confirmed their own suspicions that the pair might not have been on the level. Others were stunned and said they regretted any part they had played in helping them gain entree to political circles in the West.George Durazzo Jr., a Colorado businessman and fund-raiser who coaxed the large donations from Mr. Maier and Ms. LaRocca and shepherded them around Las Vegas before the debate, said he was both angry and embarrassed. He had planned, he said, to take them to the Democratic National Convention in Milwaukee before the pandemic turned it into a virtual event.“If they are indeed Benedict Arnold and Mata Hari,” he said, “I was the one who was fooled.”Mr. Maier and Ms. LaRocca volunteered at a Democratic Party fund-raiser at the Old Wilson Schoolhouse near Jackson, Wyo., in August 2019.Ryan Dorgan for The New York TimesSetting Up in WyomingMs. LaRocca first met Mr. Seddon in 2017, when he ran training for Project Veritas operatives at Mr. Prince’s family ranch in Wapiti, Wyo. Mr. Seddon taught them how to work undercover, build aliases and recruit sources. Mr. Prince, who had recruited Mr. Seddon, is the brother of Betsy DeVos, Mr. Trump’s education secretary.Mr. Maier, 36, a brawny and tattooed veteran of the Army’s 82nd Airborne Division who fought in Iraq, also trained at the Prince ranch that year. His mother is a baker and was the cook at the ranch, and he is the nephew of Glenn Beck, the conservative commentator. At one point, Ms. Gore came to watch the training at the ranch.The next year, Mr. Maier and Ms. LaRocca lived in a luxury house in the Georgetown neighborhood of Washington that Project Veritas rented for undercover sting operations against government officials that tried to expose “deep state” bias against Mr. Trump.The Women’s March in Cheyenne in 2019.Jacob Byk/The Wyoming Tribune Eagle, via Associated PressPeople who worked for the conservative group identified the couple and linked them to the Georgetown house. Others confirmed Ms. LaRocca was pictured on the website Project Veritas Exposed, where she was identified as “Maria.”Mr. Seddon left Project Veritas in the summer of 2018. He lured Mr. Maier, Ms. LaRocca and others to work with him in Wyoming on a new venture — one that would more closely model his time as a British intelligence officer working overseas. Mr. Seddon wanted to run a classic espionage operation in which undercover agents would burrow into organizations and potentially recruit others to help collect information. As in his days at MI-6, the goal was to spy on potential adversaries or targets without getting caught and then quietly use the information to gain an advantage. If conducted correctly, such operations can last for years.And he found someone to pay for it: Ms. Gore, the Gore-Tex heiress who for years had supported conservative and libertarian causes.Hints of Mr. Seddon’s project surfaced recently in a memoir by Cassandra Spencer, a onetime Project Veritas operative. In the book, she describes being called in June 2018 by an associate of her former colleague, Richard, who was trying to secure funding for a new initiative. The man, whom she calls Ken, told her it was a “pay for play” operation — where clients would put up money for an undercover effort.Ms. LaRocca, 28, first approached the Wyoming Democratic Party in January 2019, fresh off her attendance at the Women’s March in Cheyenne, with an offer to help raise money. Her goal, she told people, was ambitious: help “flip” one of America’s most conservative states into a reliable victory for Democratic presidential candidates — as Colorado had become over the past two decades.Mr. Seddon appears to have directed Ms. LaRocca’s outreach to the Wyoming Democratic Party as a safe first step toward building up her bona fides for future operations. Democrats in the state are vastly outnumbered, have little political clout and are eager for volunteers. Ms. LaRocca quickly declared her candidacy for vice chairwoman of the Wyoming Young Democrats, obtained a contract position at the party as a fund-raiser paid by commission and had meetings with the state party’s top two officials, Joe Barbuto and Sarah Hunt.Sarah Hunt, the executive director of the Wyoming Democratic Party.Chet Strange for The New York TimesHer behavior raised some suspicion. Ms. LaRocca and Mr. Maier lived in Fort Collins, Colo., only about 45 miles from Cheyenne, Wyoming’s capital, but their residence prompted some Democrats to ask how they planned to organize a grass-roots campaign to flip the state while living in Colorado. Ms. LaRocca told others she could not rent a home in Cheyenne because she had a dog, an implausible explanation.Ms. LaRocca had also introduced herself to party officials as Cat Debreau. She eventually told a story about why she later went by the name Sofia LaRocca: She had been the victim of an online stalker, she said, but decided to once again use her original name because the police had told her that her stalker had reformed.“Her story from the start rang very untrue,” said Nina Hebert, who at the time was the digital director for the Wyoming Democratic Party. “The police don’t call you and say, ‘Hey, your stalker is better.’”Ms. Hebert said she began to restrict Ms. LaRocca’s access to the party’s email system in the summer of 2019.At the same time, Mr. Maier was making connections of his own around the state, meeting with Democrats and Republicans on the issue of the medicinal use of marijuana, which he said was particularly valuable for war veterans suffering from post-traumatic stress disorder.In August 2019, the couple volunteered at a Democratic Party fund-raiser at the Old Wilson Schoolhouse, a community center in the shadow of the Teton mountain range near Jackson. Ms. LaRocca had her picture taken with the event’s headline guest: Tom Perez, the former labor secretary and then the chairman of the Democratic National Committee.Months later, Ms. LaRocca secured a spot in a program training young progressives in the state on the basics of political and community organizing. She dashed off an email to Mr. Martin, the head of the group running the program, saying how thrilled she was to be receiving the training.During the course, she paired up with Marcie Kindred, who ran unsuccessfully for a seat in the Wyoming Legislature; Ms. LaRocca later gave $250 to her campaign. Ms. LaRocca used a picture they took together for her Facebook profile.Ms. LaRocca, left, used a picture with Marcie Kindred as her Facebook profile photo. Ms. Kindred lost a bid for a seat in the Wyoming Legislature.“It was kind of odd she put it on Facebook,” Ms. Kindred said. “We weren’t really that close. Now it makes total sense. She was playing the long game, trying to be my friend in the hopes of me getting into the legislature.”Ms. LaRocca also told Ms. Kindred that she wanted to work on the campaign of Karlee Provenza, a police reform advocate who ultimately won a seat in the legislature in one of a few Democratic districts in the state.She and Mr. Maier eventually began going on double dates with Ms. Provenza and Mr. Martin, the head of Better Wyoming who was then her fiancé and is now her husband.Over dinner one night at Sushi Jeju in Fort Collins, Ms. LaRocca and Mr. Maier made a big announcement: They, too, were engaged. Ms. LaRocca flashed a large diamond ring. Mr. Maier paid for dinner.But the relationship began taking strange turns. Months later, meeting with Ms. Provenza and Mr. Martin in Laramie, Mr. Maier told them to turn off their phones.He then proposed a plan to target Republicans — using some of his contacts who could befriend politicians and dig up dirt on them. Mr. Maier said he had friends in military intelligence who could run background checks on people and suggested he had been on a “kill squad” while serving in Iraq.“This is the tip of the iceberg in terms of what they can do,” Mr. Martin recalled Mr. Maier saying, adding that the conversation danced around who would fund the operation.A Wyoming state representative, Karlee Provenza, and her husband, Nate Martin, went on double dates with Ms. LaRocca and Mr. Maier.Chet Strange for The New York TimesDuring the meeting, Mr. Maier described the purpose of the operation, saying they would collect the damaging material and hold it quietly until the person they targeted mattered — a philosophy that seemed to reflect Mr. Seddon’s view on long-term infiltration efforts.Mr. Maier had brought intelligence reports that appeared to be drawn mostly from public records. One was about the Wyoming attorney general, Bridget Hill, Mr. Martin said.Why Mr. Maier proposed this operation is unclear.“We knew something was fishy, but we couldn’t prove it,” Mr. Martin said.Weeks later, Mr. Martin and a colleague hosted an advocacy training event at a library in Laramie County. Mr. Martin was secretly videotaped, in what appears to be a sting operation tied to Mr. Seddon’s project.Shortly afterward, a video clip appeared on a now-defunct website, showing Mr. Martin declaring that he had voted in the Republican primary race. The video’s publication served as an attempt to expose alliances between progressives and moderate Republicans.Mr. Martin said he immediately suspected it was recorded by a woman who had attended the event and approached him afterward, claiming that her name was Beth Price and that she was from Michigan. The woman, whose real name is Alexandra Pollack of Grand Ledge, Mich., acknowledged in a brief interview that she was in Wyoming at the time but declined to answer questions about what she was doing there, saying she had a nondisclosure agreement. Ms. Kindred, who had attended the Laramie event, recognized Ms. Pollack from a photo on her LinkedIn profile.Ms. Pollack lived not far from Ms. LaRocca in Maryland when they were younger, and both are around the same age. She did not respond to an email asking whether she knew Ms. LaRocca.Ms. LaRocca and Mr. Maier attended the debate in Las Vegas in February 2020.Calla Kessler/The New York TimesDonations, Then AccessDemocrats across the country began 2020 with twin goals: ensuring that Mr. Trump was defeated, and pouring energy into key congressional races that could flip the Senate and keep the House in Democratic hands.Achieving those goals meant raising millions of dollars, and the large checks written by Mr. Maier and Ms. LaRocca opened doors for them into elite political circles.In February, Mr. Durazzo, the Colorado fund-raiser, secured a pledge of $10,000 each from the couple to the Democratic National Committee. “We are all vulnerable to charm and hefty contributions,” he said later. “Ten thousand bucks, you definitely have me by the ears.”Within days, they were in Las Vegas for the Democratic presidential debate, schmoozing with committee staff members and other donors during a party beforehand.Before submitting their names to be cleared by security for the Democratic National Committee events in Las Vegas, Mr. Durazzo said he asked Mr. Maier whether any “surprises” might come up. Mr. Maier revealed that he was the nephew of Mr. Beck but said he did not share his uncle’s politics.He said: “I’m a supporter of your causes,” Mr. Durazzo recalled.George Durazzo Jr., a Colorado businessman and fund-raiser, secured a pledge of $10,000 each from the couple to the Democratic National Committee. Chet Strange for The New York TimesSeparately, Mr. Maier gave $1,250 to the campaign of Jena Griswold, a rising Democratic star in Colorado, for her re-election bid as secretary of state. The donation gained him and Ms. LaRocca an invitation to a Washington, D.C., fund-raiser, where they met Ms. Griswold.A $2,000 donation to the campaign of Mark Kelly, then a candidate in Arizona for a U.S. Senate seat, got the couple on a committee for an April fund-raiser. The next month, Mr. Maier gave $6,000 to the Wyoming Democratic Party.It was not clear where they got the money to make a flurry of generous campaign donations. Under federal law, it is illegal to make campaign donations at the behest of another person, then get reimbursed. So-called straw donations have been at the center of numerous federal investigations.“Sometimes when you’re looking at patterns of contributions, you start to see people with relatively limited resources making sizable political contributions,” said Brendan Fischer, the director of federal reform at the Campaign Legal Center and an expert on campaign finance law. “That can be a red flag.”The operatives also took aim at Gov. Mark Gordon of Wyoming, whom hard-right conservatives considered too moderate.Josh Galemore/The Casper Star-Tribune, via Associated PressA Wealthy Conservative DonorWyoming is a rural state with a small population, a place where cities are separated by hours of open highway, vast prairies and jagged mountains. Statewide political campaigns can be won on a shoestring budget.In this political environment, Ms. Gore has long been a mysterious yet influential figure — quietly using her large fortune to ensure the supremacy of conservative causes.She was one of several children to inherit the wealth of her father, who helped invent the waterproof fabric that came to be known as Gore-Tex.After getting a divorce in 1981, she joined the Transcendental Meditation movement, according to court documents in Delaware, but she became gravely ill and left the movement to convalesce in monasteries for three years. In a bizarre turn two decades later, she tried to adopt her former husband in an attempt to increase their children’s share of the family inheritance.Susan Gore, an heiress to the Gore-Tex fortune, has backed conservative causes and been a force in Wyoming politics since she moved to the state in the 1990s.Dan Cepeda/Casper Star-TribuneShe has been a force in Wyoming politics since she moved to the state in the 1990s. In 2008, she established Wyoming Liberty Group, a nonprofit in Cheyenne that pushes libertarian and conservative causes.In 2018, Ms. Gore opposed the candidacy of Mr. Gordon to become Wyoming governor. His main opponent in the Republican primary was Mr. Friess, the wealthy investor who was also a Project Veritas donor. Both Mr. Trump and his son Donald Trump Jr. had endorsed Mr. Friess, with the president posting on Twitter that “he will be a fantastic Governor! Strong on Crime, Borders & 2nd Amendment.”Mr. Friess lost, in part because a large number of Democrats switched parties to vote for Mr. Gordon. The outcome embittered Mr. Friess and his allies, who saw Mr. Gordon’s victory as part of a worrying trend of creeping progressivism in the state — and believed too many Republicans were part of that trend.Mr. Friess died last month at age 81.2020 StrategyWith months to go before the 2020 election, the biggest political fights in Wyoming were in the Republican Party, between hard-right candidates and more moderate politicians battling to represent the party in November.Mr. Trump was eager to make all elections something of a referendum on his leadership, and in Wyoming, the battle lines hardened between the Trump loyalists and the candidates the right wing of the party derided as “RINOs,” or “Republicans in name only.”Given the barren political landscape for Democrats, a consortium of wealthy liberal donors — the Wyoming Investor Network — made the strategic decision to quietly support certain Republican moderates. One regular donor to WIN is Elizabeth Storer, a Jackson millionaire and granddaughter of George Storer, who amassed a fortune in the radio and television industry.By hiring Ms. LaRocca, the consortium put her in a position that gave her valuable intelligence about which Republican candidates the group was supporting with independent advertising. She took notes during a board meeting and had access to the complete list of the candidates WIN supported.Mr. Maier began making contacts in the offices of moderate Republican legislators and befriended Eric Barlow, now the Wyoming speaker of the house. He told Mr. Barlow that he was passionate about the medicinal uses of marijuana, and the men met several times — including once when Mr. Maier and Ms. LaRocca had dinner at Mr. Barlow’s ranch.In an interview, Mr. Barlow, a retired veterinarian who said he was open to decriminalizing marijuana and allowing it for medical use, labeled himself a “practical Republican.”“For some people, that’s a RINO,” he said.Mr. Barlow said that he believed he had met Ms. Gore only once, but that she usually gave money to his Republican primary opponents every election cycle.Ms. LaRocca and Mr. Maier at a fund-raiser.Mr. Maier and Ms. LaRocca often told her colleagues that they were committed to upending the political dynamics in the Mountain West — saying that even a deeply conservative state like Wyoming could eventually turn liberal. Ms. LaRocca said she wanted to continue working at the Wyoming Investor Network and other progressive groups.But then, right before the November election, Mr. Maier and Ms. LaRocca disappeared. On Oct. 21, she wrote an email to her boss saying that she had to leave the country. “I have a family emergency and am going to Venezuela as my grandmother is gravely ill,” she wrote.Others she had worked with — and befriended — over two years said they had not heard from her in months.“She kind of dropped off the face of the earth,” said Ms. Hunt, the executive director of the Wyoming Democratic Party.In fact, the couple never left the area. Mr. Maier and Mr. Seddon have also been working together on a business venture importing ammunition from overseas, according to a business document linking the two men that was obtained by The Times.Last week, Ms. LaRocca and Mr. Maier married in Big Horn, Wyo. Mr. Beck, the conservative commentator and Mr. Maier’s uncle, delivered a wedding toast.Kitty Bennett More
