Evers, Tony (1951- )

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      Wisconsin Republicans Push to Take Over the State’s Elections

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      Led by Senator Ron Johnson, G.O.P. officials want to eliminate a bipartisan elections agency — and maybe send its members to jail.Republicans in Wisconsin are engaged in an all-out assault on the state’s election system, building off their attempts to challenge the results of the 2020 presidential race by pressing to give themselves full control over voting in the state.The Republican effort — broader and more forceful than that in any other state where allies of former President Donald J. Trump are trying to overhaul elections — takes direct aim at the bipartisan Wisconsin Elections Commission, an agency Republicans created half a decade ago that has been under attack since the chaotic aftermath of last year’s election.The onslaught picked up late last month after a long-awaited report on the 2020 results that was ordered by Republican state legislators found no evidence of fraud but made dozens of suggestions for the election commission and the G.O.P.-led Legislature, fueling Republican demands for more control of elections.Then the Trump-aligned sheriff of Racine County, the state’s fifth most populous county, recommended felony charges against five of the six members of the election commission for guidance they had given to municipal clerks early in the pandemic. The Republican majority leader of the State Senate later seemed to give a green light to that proposal, saying that “prosecutors around the state” should determine whether to bring charges.And last week, Senator Ron Johnson, a Republican, said that G.O.P. state lawmakers should unilaterally assert control of federal elections, claiming that they had the authority to do so even if Gov. Tony Evers, a Democrat, stood in their way — an extraordinary legal argument debunked by a 1932 Supreme Court decision and a 1964 ruling from the Wisconsin Supreme Court. His suggestion was nonetheless echoed by Michael Gableman, a conservative former State Supreme Court justice who is conducting the Legislature’s election inquiry.Republican control of Wisconsin elections is necessary, Mr. Johnson said in an interview on Wednesday, because he believes Democrats cheat.“Do I expect Democrats to follow the rules?” said the senator, who over the past year has promoted fringe theories on topics like the Capitol riot and Covid vaccines. “Unfortunately, I probably don’t expect them to follow the rules. And other people don’t either, and that’s the problem.”Senator Ron Johnson said that Republican lawmakers in Wisconsin should unilaterally assert control of federal elections.Sarahbeth Maney/The New York TimesThe uproar over election administration in Wisconsin — where the last two presidential contests have been decided by fewer than 23,000 votes each — is heightened by the state’s deep divisions and its pivotal place in American politics.Some top Republican officials in Wisconsin privately acknowledge that their colleagues are playing to the party’s base by calling for state election officials to be charged with felonies or for their authority to be usurped by lawmakers.Adding to the uncertainty, Mr. Johnson’s proposal has not yet been written into legislation in Madison. Mr. Evers has vowed to stop it.“The outrageous statements and ideas Wisconsin Republicans have embraced aren’t about making our elections stronger, they’re about making it more difficult for people to participate in the democratic process,” Mr. Evers said Thursday. The G.O.P.’s election proposals, he added, “are nothing more than a partisan power grab.”Yet there is no guarantee that the Republican push will fall short legally or politically. The party’s lawmakers in other states have made similar moves to gain more control over election apparatus. And since the G.O.P. won control of the Wisconsin Legislature in 2010, the state has served as an incubator for conservative ideas exported to other places.“In Wisconsin we’re heading toward a showdown over the meaning of the clause that says state legislatures should set the time, manner and place of elections,” said Kevin J. Kennedy, who spent 34 years as Wisconsin’s chief election officer before Republicans eliminated his agency and replaced it with the elections commission in 2016. “If not in Wisconsin, in some other state they’re going to push this and try to get a U.S. Supreme Court ruling on this.”Next year, Wisconsin will host critical elections for Mr. Johnson’s Senate seat and for statewide offices, including the governor. Rebecca Kleefisch, the leading Republican in the race to challenge Mr. Evers, is running on a platform of eliminating the state election commission. (On Monday, she filed a lawsuit against the agency asking the Wisconsin Supreme Court to declare that the commission’s guidance violates state law.)The Republican anger at the Wisconsin Elections Commission, a body of three Democrats and three Republicans that G.O.P. lawmakers created in part to eliminate the investigatory powers of its predecessor agency, comes nearly 20 months after commissioners issued guidance to local election clerks on how to deal with the coronavirus pandemic.Republicans have seized in particular on a March 2020 commission vote lifting a rule that required special voting deputies — trained and dispatched by municipal clerks’ offices — to visit nursing homes twice before issuing absentee ballots to residents. The special voting deputies, like most other visitors, were barred from entering nursing homes early in the pandemic, and the commission reasoned that there was not enough time before the April primary election to require them to be turned away before mailing absentee ballots.The vote was relatively uncontroversial at the time: No lawsuits from Republicans or anyone else challenged the guidance. The procedure remained in place for the general election in November.But after Joseph R. Biden Jr. won Wisconsin by 20,682 votes out of 3.3 million cast, Republicans began making evidence-free claims of fraudulent votes cast from nursing homes across the state. Sheriff Christopher Schmaling of Racine County said the five state election commissioners who had voted to allow clerks to mail absentee ballots to nursing homes without the visit by special voting deputies — as is prescribed by state law — should face felony charges for election fraud and misconduct in office.Robin Vos, the Republican speaker of the State Assembly, who represents Racine County, quickly concurred, saying that the five commissioners — including his own appointee to the panel — should “probably” face felony charges.The commissioners have insisted they broke no laws.Ann Jacobs, a Democrat who is the commission’s chairwoman, said she had no regrets about making voting easier during the pandemic and added that “even my Republican colleagues” were afraid about the future of fair elections in the state.“We did everything we could during the pandemic to help people vote,” she said. Mr. Johnson — a two-term senator who said he would announce a decision on whether to seek re-election “in the next few weeks” — is lobbying Republican state legislators, with whom he met last week at the State Capitol, to take over federal elections.“The State Legislature has to reassert its constitutional role, assert its constitutional responsibility, to set the times, place and manner of the election, not continue to outsource it through the Wisconsin Elections Commission,” Mr. Johnson said. “The Constitution never mentions a governor.”Mr. Johnson acknowledged that his proposal could leave the state with dueling sets of election regulations, one from the Wisconsin Elections Commission and another from the Legislature.“I suppose some counties will handle it one way and other counties will handle it another,” he said.Trump’s Bid to Subvert the ElectionCard 1 of 6A monthslong campaign. More

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      Why Democrats See 3 Governor’s Races as a Sea Wall for Fair Elections

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      Michigan, Wisconsin and Pennsylvania all have Democratic governors and G.O.P.-led legislatures. And in all three battlegrounds, Republicans are pushing hard to rewrite election laws.MADISON, Wis. — In three critical battleground states, Democratic governors have blocked efforts by Republican-controlled legislatures to restrict voting rights and undermine the 2020 election.Now, the 2022 races for governor in Michigan, Wisconsin and Pennsylvania — states that have long been vital to Democratic presidential victories, including Joseph R. Biden Jr.’s — are taking on major new significance.At stake are how easy it is to vote, who controls the electoral system and, some Democrats worry, whether the results of federal, state and local elections will be accepted no matter which party wins.That has left Govs. Tony Evers of Wisconsin, Gretchen Whitmer of Michigan and Tom Wolf of Pennsylvania standing alone, in what is already expected to be a difficult year for their party, as what Democrats view as a sea wall against a rising Republican tide of voting restrictions and far-reaching election laws.The question of who wins their seats in 2022 — Mr. Evers and Ms. Whitmer are running for re-election, while Mr. Wolf is term-limited — has become newly urgent in recent weeks as Republicans in all three states, spurred on by former President Donald J. Trump, make clearer than ever their intent to reshape elections should they take unified control.Republicans have aggressively pursued partisan reviews of the 2020 election in each state. In Pennsylvania, G.O.P. lawmakers sought the personal information of every voter in the state last month. In Wisconsin, a conservative former State Supreme Court justice, who is investigating the 2020 election results on behalf of the State Assembly, issued subpoenas on Friday for voting-related documents from election officials. And in Michigan on Sunday night, Ms. Whitmer vetoed four election bills that she said “would have perpetuated the ‘big lie’ or made it harder for Michiganders to vote.”Republican candidates for governor in the three states have proposed additional cutbacks to voting access and measures that would give G.O.P. officials more power over how elections are run. And the party is pushing such efforts wherever it has the power to do so. This year, 19 Republican-controlled states have passed 33 laws restricting voting, one of the greatest contractions of access to the ballot since the Voting Rights Act was passed in 1965. Democrats in Congress have tried without success to pass federal voting laws to counteract the Republican push.The prospect that Mr. Trump may run again in 2024 only compounds what Democrats fear: that Republicans could gain full control over the three key Northern states in 2022 and, two years later, interfere with or overturn the outcome of a narrow Democratic presidential victory in 2024.“I would’ve never guessed that my job as governor when I ran a couple years ago was going to be mainly about making sure that our democracy is still intact in this state,” said Mr. Evers, a former Wisconsin schools superintendent. He was elected governor in the Democratic wave of 2018 on a platform of increasing education spending and expanding Medicaid.He and Ms. Whitmer are seeking re-election while vying to preserve the voting system, which was not built to withstand a sustained partisan assault, in the face of intensifying Republican challenges to the routine administration of elections. Mr. Wolf cannot seek a third term, but his Democratic heir apparent, Josh Shapiro, the Pennsylvania attorney general, has been on the forefront of legal efforts to defend the 2020 election results for nearly a year.The shift from focusing on traditional Democratic issues like health care and education to assuring fair elections is starkest for Mr. Evers, a man so aggressively staid that he’s partial to vanilla ice cream.Campaigning at the World Dairy Expo in Madison, Wis., Mr. Evers said that Wisconsin’s race for governor next year would be “about our democracy.”Lianne Milton for The New York TimesLast week, as he walked through a row of black-and-white Holstein cows at the World Dairy Expo, he predicted that if he were defeated next year, Republican legislators would have a direct path to reverse the results of the 2024 election.“The stakes are damn high,” Mr. Evers said above the din of mooing and milking at Madison’s annual dairy trade show. “This is about our democracy. It’s frightening.”The message that democracy itself is on the line is a potentially powerful campaign pitch for Mr. Evers and his fellow Democrats, one he has used in fund-raising appeals.Republicans dismiss the idea that they are undermining democracy and say that their various election reviews will increase, not decrease, voters’ trust in the system.“It’s full of hyperbole and exaggeration, which is what the Democrats do best on this election stuff,” Robin Vos, the speaker of the Wisconsin State Assembly, said in an interview last week at the State Capitol. “All we’re trying to do is make sure that people who were elected were elected legitimately.”Mr. Vos said he was still not sure if President Biden had legitimately won the state. (Mr. Biden carried it by more than 20,000 votes.) It would not take much to swing statewide elections in Michigan, Wisconsin and Pennsylvania. Four of the last six presidential contests in Wisconsin have been decided by fewer than 23,000 votes. Other than Barack Obama, no presidential nominee has won more than 51 percent of the vote in any of the three states since 1996.And as Mr. Trump and his allies chisel away at confidence in American elections by making baseless allegations of voter fraud, it is no longer a stretch to imagine governors loyal to the former president taking previously unthinkable steps to alter future results.Governors are required to submit to Congress a certificate of ascertainment of presidential electors. But what if a governor refused?Another scenario could also give a governor outsize power over the presidential election: A state could send competing slates of electors to Congress, and the House might accept one slate and the Senate the other. Then, the Electoral Count Act of 1887 — the guidelines for tallying Electoral College votes, which remained obscure until the violence of Jan. 6 — appears to give the state’s governor the tiebreaking vote.The National Task Force on Election Crises, a nonpartisan group of experts in various fields, warned about such a possibility in a September 2020 memo.“It wouldn’t be an overstatement to say that any one of those states falling to a Trump-aligned candidate would pose an existential threat to the survival of American democracy come the 2024 election,” said Ian Bassin, the executive director of Protect Democracy, a nonpartisan group dedicated to resisting authoritarianism, who convened the election crises task force before the 2020 election.Republicans have not been shy about their ambitions to change election laws in the three states.In Pennsylvania, Lou Barletta, a former congressman who recently announced a bid for governor, said that as he crossed the state last week, the top issue for voters was “election integrity.”“People talk to me about mandates, about vaccines, but they always bring up election integrity as well,” Mr. Barletta said in an interview. He said that he was waiting for the Republicans’ election review before committing to a full slate of election changes, but that he already had a few in mind, including stricter voter identification laws.Josh Shapiro, the Democratic attorney general of Pennsylvania who defended the results of the 2020 election in the state, is expected to announce his campaign for governor as soon as this month.Susan Walsh/Associated PressJames Craig, the leading Republican candidate for governor in Michigan, has backed bills that would forbid the mass mailing of absentee ballot applications to voters who do not request them and that would enact a strict voter ID requirement. He declined to comment.Those proposed laws are being pushed by Ed McBroom, a Republican state senator, even though he released a report in June debunking Trump-inspired claims of election fraud.“Somebody could pretty easily try to impersonate somebody they don’t know,” said Mr. McBroom, who leads the Michigan Senate’s elections committee.And in Wisconsin, Rebecca Kleefisch, a Republican who served as lieutenant governor under Gov. Scott Walker until 2019, is challenging Mr. Evers with a campaign platform that calls for shifting responsibility for the state’s elections from the bipartisan Wisconsin Elections Commission, which her and Mr. Walker’s administration created in 2016, to the G.O.P.-controlled Legislature. Ms. Kleefisch declined to comment. Perhaps no 2022 Democratic candidate for governor is as familiar with Republican attempts to dispute the 2020 outcome as Mr. Shapiro. As Pennsylvania’s attorney general, he defended the state in 43 lawsuits brought by Mr. Trump and his allies that challenged voting methods and the results.“There are new threats every single day on the right to vote, new efforts to disenfranchise voters, and I expect that this will be another huge test in 2022,” said Mr. Shapiro, who is planning to announce a campaign for governor as soon as this month.Last month, Mr. Shapiro filed a lawsuit to block Republicans in the Pennsylvania Senate after they sought the personal information of all seven million voters in the state as part of their election review, including driver’s license numbers and partial Social Security numbers.Gov. Gretchen Whitmer is running for re-election in Michigan, where Republican election officials tried to stall the certification of the results of the state’s 2020 presidential race.Sarahbeth Maney/The New York TimesIn Michigan, Ms. Whitmer, who has faced threats of an insurrection in her statehouse and a kidnapping plot, is now fighting a Republican attempt to work around her expected veto of a host of proposed voting restrictions.“The only thing that is preventing the rollback of voting rights in Michigan right now is the threat of my veto,” she said in an interview.Michigan was also home to one of the most forceful and arcane attempts at reversing the outcome in 2020, when Republican election officials, at Mr. Trump’s behest, tried to refuse to certify the results in Wayne County and stall the certification of the state’s overall results. That memory, combined with new voting bills and Republican attempts to review the state’s election results, makes Michigan’s election next year all the more important, Ms. Whitmer said.“If they make it harder or impossible for droves of people not to be able to participate in the election,” she said, “that doesn’t just impact Michigan elections, but elections for federal offices as well, like the U.S. Senate and certainly the White House.”Mr. Vos said he had not thought about the degree to which Wisconsin Republicans could change voting laws if the state had a Republican governor. But this year, the State Legislature passed a package of six bills that would have enacted a range of new voting restrictions.Mr. Evers vetoed them all.“I’ve learned to play goalie in this job,” he said. “And I’ll continue to do that.” More

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      Democrats Face High New Bar in Opposing Voting Laws

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      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