Electoral reform

Ohio’s extreme gerrymanders have enabled more than a decade of corruption, lawless behavior and unpopular legislation passed by lawmakers safely insulated from the ballot box.Voters tried to fix it by bringing a citizen-led independent redistricting commission to the ballot. Due to Republican subterfuge, they ended up voting against themselves. With breathtakingly Orwellian tactics, Ohio Republicans twisted the ballot language and presented it to voters as an initiative that would require gerrymandering rather than end it.When Ohioians arrived at Issue One on their ballots, they were told that a yes vote would “repeal constitutional protections against gerrymandering”. Voters were understandably confused. So while redistricting reform won huge wins in the Buckeye state in 2015 and 2018, with more than 70% of the vote, this year 54% of Ohio voters rejected it.Most analyses of the 2024 elections have focused on the swing toward Republicans at the top of the ballot. But another trend could be more consequential: when citizens stood up across red, blue and purple states this year with reforms designed to strengthen democracy and make all elections more meaningful and competitive, the parties undermined them with brutal, deceptive tactics and submerged them in a swamp of dark money.It worked nearly every time. Unlike 2018, when pro-democracy reforms won big nationwide, this time, reformers were routed.This is frightening news. The vast majority of states – even the purple ones – are either safely Republican or Democratic, or have been gerrymandered that way. Ballot initiatives and citizen-driven reforms uniting voters across party lines have been a rare bright spot and showed a possible path to defeat extremism and entrenched one-party control. But not this year.This year brought defeats – and Ohio-style trickery – across the map, and on a wide variety of pro-voter reforms, including redistricting reform, ranked-choice voting and open primaries. One state, Missouri, even jumped ahead of reformers and banned them in advance with a new prohibition on ranked-choice voting and open primaries – cleverly rolled into an amendment headlined by a ban on “noncitizen voting”, which, of course, isn’t actually happening there or anywhere.Voters in Colorado, Nevada and Idaho advanced initiatives that would have created open primaries and advanced either four or five candidates to a ranked-choice general election. Reformers hoped to give growing numbers of independent voters a say in which candidates are on the ballot in November, and ensure that candidates need a majority to win – instead of a fraction of a fraction of voters in low-turnout, closed primaries.The parties and their dark-money allies pushed back, hard. In Idaho, rightwingers determined to maintain their grip on power ran ads filled with both lies and red meat to outrage the base. “They have open borders. They want open bathrooms. They need open primaries,” claimed one of the most ridiculous and misleading, but effective, mailers.Leonard Leo’s billion-dollar dark-money network – which, after capturing the US supreme court and multiple levels of the judiciary, has now cast its eye on locking in far-right minority rule in the states – dispatched its operatives to mislead voters with one dishonest claim after another about ranked-choice voting. In one especially rich claim, opponents funded by billionaires and the wealthiest rightwing foundations have created front groups to argue that ranked-choice voting would make it easier for the wealthy to buy elections.The true agenda is clear: to protect and defend extreme lawmakers who perform best in base-driven primaries with multiple candidates and a small, divided electorate. That’s why a constellation of groups with ever-shifting names – but with the same far-right foundations and even election deniers behind them – have engaged in this multimillion-dollar scare operation.In Nevada, both Democrats and Republicans (and their aligned groups) spent millions in a successful effort to defeat open primaries and ranked choice. The state’s political elites – the still powerful machine built by the late senator Harry Reid and the Maga state Republican apparatus – built an odd coalition to brand a heretofore popular political reform, incorrectly, as “unproven” and “complicated”.Some Colorado Democrats, and even advocates of ranked-choice voting elsewhere such as Elizabeth Warren, meanwhile, sadly swallowed Leo’s talking points whole to ensure the party retained power in this growing Democratic bastion where a record half of registered voters are unaffiliated.Perhaps what’s happening here is no surprise. Citizens want to reclaim state legislatures that have been distorted by gerrymandering and captured by unrepresentative winners of party primaries. The powerful want to close off one of the last avenues for reform.After all, Ohio’s unbreakable gerrymander, now in its 14th year, is so extreme that only four of 99 state house races were within five points this year, and just one of 17 state senate races. Uncompetitive elections push all the action to low-turnout primaries, where the tiniest percentage of the base can select unrepresentative candidates to coast into the general – and then advance unpopular legislation such a six-week abortion ban once in office.Ohio’s supreme court rejected the state house and congressional maps as unconstitutional not once, not twice, but seven times. A cowed governor, Mike DeWine, conceded that the maps could have been “more clearly constitutional”, but went along with the party line anyway. Lawmakers lawlessly disobeyed, ran out the clock, then found Trump-appointed federal judges with longstanding ties to Leo and the Federalist Society to impose the gerrymandered maps.“It is hard to recognize Ohio,” the former governor Bob Taft, a Republican, told me. “The consequences of extreme gerrymandering have been obvious here.”Idaho’s far right, meanwhile, has captured much of a once-traditional Republican machinery and moved to relentlessly consolidate power. In 2018, voters found an end run around the legislature and used the initiative process to expand Medicaid. More than 60% of voters supported the measure, after lawmakers refused to accept Affordable Care Act dollars during multiple sessions.Lawmakers, recognizing that the initiative represented a last opportunity for the public to check a hijacked legislature, endeavored time and again to make one of the nation’s most difficult initiative processes even more onerous and to oppose efforts to open Idaho’s system to voices beyond their own. Then, when courts and determined citizens pushed forward anyway, the legislature drowned them out with the support of organizations funded not only by Leonard Leo but also the Koch brothers, the Bradley Foundation and DonorsTrust (“the dark-money ATM of the right”).There was one significant bright spot last Tuesday: Washington DC, which overwhelmingly adopted ranked-choice voting despite some misleading efforts by officials from the district’s dominant Democratic party.But the simple truth is that the structural reform we so desperately need has become harder, as those from both the left and the right who prefer to govern without majorities, and without persuading everyone to their side, recognize it as a threat. They won’t stop here, and they have said so.Leo and his henchmen, armed with dark money, having grabbed control of election machinery, will stop at nothing to expand their ill-won and ill-held power. These fights will arrive in more state capitols and in Congress. They are trying to steal control while hiding behind phoney names and untold billions.The good news is that their scam is easy to see through. The test for our democracy – and for reformers – will be how to rise to this new challenge in a polarized, partisan moment. No task will be harder. None is more important.

David Daley is the author of the new book Antidemocratic: Inside the Right’s 50-Year Plot to Control American Elections as well as Ratf**ked: Why Your Vote Doesn’t Count More