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    Conservative Group Wins Legal Victory Over 2020 Voting Challenges in Georgia

    The group, True the Vote, had been accused by the liberal organization Fair Fight of violating the Voting Rights Act by intimidating voters. A judge rejected the claims.A federal judge ruled on Tuesday that a conservative group’s efforts to challenge the eligibility of hundreds of thousands of voters in the Senate runoff elections in Georgia in early 2021 did not violate the Voting Rights Act under a clause outlawing voter suppression.In a 145-page opinion, the judge, Steve C. Jones of the United States District Court for the Northern District of Georgia, wrote that the court “maintains its prior concerns” regarding how the group, True the Vote, sought to challenge voters’ eligibility. But he said that Fair Fight, the liberal voting rights group that brought the lawsuit against True the Vote, had failed to show that the efforts were illegal.The decision was relatively narrow, applying only to Judge Jones’s district in northern Georgia, and will do little to change the status quo: Right-wing election groups have already tried to help bring thousands of challenges to voter registrations in states across the country.But the opinion is likely to encourage conservative activists hunting for voter fraud during the 2024 presidential election. Election officials and voting rights groups have expressed worries about these efforts, warning that an expanded campaign to challenge voters en masse could intimidate people away from the ballot box. True the Vote and similar groups, taking a cue from former President Donald J. Trump, have often spread false theories about election fraud.“Any of these decisions that allows these kinds of mass challenges to go forward embolden that movement,” said Sophia Lin Lakin, the director of the Voting Rights Project at the A.C.L.U.In his opinion, Judge Jones wrote that evidence from Fair Fight and individual voters in the trial did not amount to intimidation under an important section of the Voting Rights Act known as Section 11(b), which outlaws any attempt to “intimidate, threaten, or coerce, or attempt to intimidate” any voter or act of voting.“While the court believes that actions increasing the difficulty to vote if paired with other conduct might give rise to a Section 11(b) violation in some circumstances, increased difficulty alone does not constitute voter intimidation,” Judge Jones wrote.Voting rights experts said the ruling could raise the bar of what constitutes voter intimidation under the Voting Rights Act, and said it was yet another court decision that chipped away at the protections in the landmark law.“He took a very narrow view of what constitutes intimidation,” Ms. Lakin said. “But raising the bar of what you need to show altogether will make demonstrating voter intimidation claims more difficult, at least in the Northern District of Georgia.”In a footnote in the decision, Judge Jones, who was appointed to his post by President Barack Obama, was careful not to give a blessing to tactics like True the Vote’s.“In making this conclusion, the court, in no way, is condoning TTV’s actions in facilitating a mass number of seemingly frivolous challenges,” he wrote. He added: “TTV’s list utterly lacked reliability. Indeed, it verges on recklessness.”Fair Fight sued True the Vote three years ago, after the conservative group organized challenges in December 2020 questioning the eligibility of more than 250,000 registered Georgia voters. To spur right-wing activists to help challenge voters, True the Vote created a $1 million reward fund and offered bounties for evidence of “election malfeasance.”Fair Fight argued in its lawsuit that finding actual fraud or ineligible voters was only a secondary concern for True the Vote, and that the real intention was to frighten Democratic-leaning voters from turning out in what were expected to be razor-thin runoff elections that would determine control of the United States Senate.Catherine Engelbrecht, the president of True the Vote, celebrated the ruling as “an answer to the prayers of faithful patriots across America.”“Today’s ruling sends a clear message to those who would attempt to control the course of our nation through lawfare and intimidation,” Ms. Engelbrecht wrote in a statement. “American citizens will not be silenced.”Fair Fight, in a lengthy statement, said that federal courts were not adequately protecting Americans from ramped-up attacks on voting rights.“While there is much to make of the court’s 145-page opinion, Fair Fight is disappointed that Georgians and voters nationwide must continue to wait for our federal courts to impose accountability in the face of widespread and mounting voter intimidation efforts,” Cianti Stewart-Reid, the executive director of Fair Fight, said in the statement.It was unclear whether the group planned to appeal the decision. More

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    After Antifraud Crusade, a Trial Asks: Were Illegal Voters or Legal Ones the Target?

    True the Vote challenged the legality of 250,000 Georgia voters, offered cash for fraud evidence and recruited poll watchers. A federal trial will determine why.As Republican candidates and their supporters increasingly focus on specious claims of rampant voter fraud, a federal trial starting in Georgia on Thursday will examine whether a key campaign to unmask illegal voters in 2020 actually aimed to intimidate legal ones.The outcome could have implications for conservative election integrity organizations that are widely expected to ramp up antifraud efforts during next year’s general election. The trial also could clarify the reach of an important section of the 1965 Voting Rights Act, the historic civil-rights law that the Supreme Court has steadily pared back over the last decade.That question is serious enough that the Department of Justice has filed a brief in the case and will defend the government’s view of the act’s scope at the trial. The campaign, mounted in December 2020 by a right-wing group called True the Vote, filed challenges with local election officials to the eligibility of some 250,000 registered Georgia voters. The group also offered bounties from a $1 million reward fund for evidence of “election malfeasance” and sought to recruit citizen monitors to patrol polls and ballot drop-off locations.The lawsuit, filed by the liberal political action committee Fair Fight Inc., alleges that finding fraud was a secondary concern. The actual purpose, the group argues, was to dissuade Democratic voters from turning out in tight runoffs that month for Georgia’s two seats in the U.S. Senate.That would violate a clause of the Voting Rights Act that broadly prohibits any “attempt to intimidate, threaten, or coerce any person for voting or attempting to vote.”Lawyers for True the Vote argue that the group’s efforts have nothing to do with intimidation and are an essential form of constitutionally protected free speech. Two Democratic candidates, Jon Ossoff and the Rev. Raphael Warnock, won the Senate runoffs in early January 2021. The case has since plodded through the legal system for nearly three years before coming to trial.In a briefing last week, Cianti Stewart-Reid, the executive director of Fair Fight, cast the lawsuit as a move to head off what she called “a troubling plan to undermine the results of the 2024 election based on disinformation and bad faith attacks on voter eligibility.”“Georgia has become the testing ground for modern-day voter challenges and other antidemocratic tactics we believe are being deployed as part of a national effort led by followers of the Big Lie,” she said, referring to former President Donald J. Trump’s claim that the 2020 election was stolen.Catherine Engelbrecht, a founder and president of True the Vote, did not respond to requests for comment. But in court filings, lawyers for her and the organization said that efforts to search for illegal voters like those in Georgia are protected by the First Amendment.Threatening to punish people for casting ballots clearly violates the Voting Rights Act and has no free-speech protection, one of the lawyers for True the Vote, Cameron Powell, said in an interview. But he said that there was reason to worry that people might cast ballots in places where they did not live. He said the state had mailed seven million absentee ballots to Georgia residents, a measure to make voting easier during the Covid pandemic, although some people on voter rolls no longer lived where they had registered.(In fact, the state sent absentee ballot applications — not actual ballots — to 6.9 million registered voters in 2020. About 1.3 million absentee ballots were cast in the November election, and the state said that “all of them were verified for the voter’s identity and eligibility.”)Lawyers for Catherine Engelbrecht, a founder and president of True the Vote, said that efforts to root out fraud are protected by the First Amendment.Bridget Bennett/Reuters“Engaging in speech about elections and voter integrity, engaging in facilitating petitions by Georgia voters who are concerned about the residency status of other Georgia voters, is subject to the highest First Amendment protections,” he said. “And it’s a very high bar to show that this was done in bad faith.”The intimidation clause of the Voting Rights Act has been invoked before to punish both large-scale challenges to voters’ eligibility and the dispatch of monitors to watch polling places for “suspicious” activity. The national Republican Party was barred from participating in so-called ballot security efforts from 1982 to 2018 because of its involvement in both.The Georgia lawsuit presents a less clear-cut picture than those instances, said Justin Levitt, an election law scholar at Loyola Law School in Los Angeles.“It’s not in the center of the strike zone, but it’s not a wild pitch, either,” he said. “The context in this is everything.”True the Vote, a Texas-based organization that arose from Ms. Engelbrecht’s Tea Party activities more than a decade ago, has a checkered financial and legal history. Ms. Engelbrecht’s forays into conspiracy theories and far-right politics have led even some former allies to distance themselves from her activities.The organization’s former lawyer, the conservative legal powerhouse James Bopp Jr., quit the Georgia case in March and sued her and True the Vote over what he claimed was nearly $1 million in unpaid bills.The group has regularly aired charges of fraudulent voting and helped produce the recent film “2,000 Mules” that made widely debunked charges of ballot-stuffing at voting drop boxes in Georgia and elsewhere. In Georgia, the group, saying that it had planned to challenge 364,000 voter registrations statewide, unveiled its election integrity initiative in mid-December 2020, as early voting in the Senate runoffs was getting underway. The voters who faced a legal challenge were among Georgians who had filed change-of-address notices with the Postal Service but had not registered to vote at a new address. Experts say that comparing address lists and registration rolls is not a reliable method of identifying potentially illegal voters. True the Vote and a handful of allies, including local Republican Party officials, eventually forwarded to county election boards some 250,000 potential challenges to registrations. A majority of boards refused to consider them, and those that did appeared to have found no evidence of illegality.But in some cases, the plaintiffs said, local officials summoned voters to bring proof of their eligibility to hearings, and others were told to cast provisional ballots that would be counted only if their eligibility were proven. Political operatives have long used a similar tactic, sometimes sending warning letters about eligibility directly to voters, in efforts to depress turnout.Fair Fight claims that the Georgia effort, combined with the public recruitment of poll watchers and the promise of a financial payoff for allegations of fraud, were largely designed to frighten voters, not to uncover wrongdoing. In court filings, True the Vote has called the allegations overblown and stressed that very few voters were ever notified that their legitimacy had been challenged.Sheelagh McNeill More

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    Trial Alleging Voter Suppression in 2018 Abrams-Kemp Georgia Race Begins

    A trial is underway to determine whether Georgia’s handling of the 2018 election for governor was discriminatory, in a case brought by Stacey Abrams’s voting rights group.The 2018 race for governor in Georgia ended in a bitter dispute between Brian Kemp, a Republican who was serving as secretary of state at the time, and Stacey Abrams, the Democratic challenger who accused the state of voter suppression.The election, won by Kemp, was plagued by long lines, especially in communities of color where wait times occasionally exceeded two hours. And Kemp’s office put 53,000 voter registrations on hold under the state’s “exact match” rule, which requires that voters’ registration information exactly match what is on file with the state’s Department of Driver Services or Social Security Administration. Many of those 53,000 were Black voters, according to an investigation by The Associated Press in 2018.After the election, Fair Fight Action, the voting rights group founded by Abrams, sued the state, claiming its election practices were illegal and discriminatory.Now, more than three years after the suit was filed, the trial began on Monday in Atlanta — the first federal voting rights trial in Georgia in over a decade. Abrams is now in the middle of a second campaign for governor, a rematch with Kemp.After Judge Steve C. Jones tossed parts of the original lawsuit last year, Fair Fight opened its case challenging three specific tenets of the Georgia election system. These tenets, the group says, make it harder for people to vote, especially Black voters.“Through the three practices at issue in this case — exact match, affirmative mismanagement of the voter rolls and failure to train on absentee ballot cancellations — these defendants have erected a series of roadblocks — roadblocks that propose unjustifiable burdens on eligible voters in violation of both the Constitution and the Voting Rights Act,” Allegra Lawrence-Hardy, a lawyer for Fair Fight and the other plaintiffs, said in her opening statement.The office of Brad Raffensperger, Georgia’s secretary of state and the defendant in the case, has said repeatedly that the state has already beaten back most of the claims in court, and accused Fair Fight of playing politics.“They ran this litigation like a campaign,” Joshua B. Belinfante, a lawyer for the secretary of state, said in his opening remarks. He continued: “What the evidence will show is what the plaintiffs allege is part of a campaign is not what is happening on the ground in Georgia elections.”Echoes from the pastFair Fight and other groups have challenged Georgia’s election laws on both constitutional grounds and under a provision of the Voting Rights Act known as Section 2. The trial represents one of the first marquee challenges using this provision after the Supreme Court weakened its protections for voting rights last year.In her opening remarks, Lawrence-Hardy spoke of John Lewis, the Georgia Democrat and civil rights icon who died in 2020. And she drew comparisons between the current legal battle and the state’s history of suppressing voters. Georgia was one of the states that were put under special federal oversight by the Voting Rights Act when it was signed in 1965 because of the history of discrimination at the polls in those states.“The methods may be different than in the past, but the state’s creation of barriers to voting in Georgia have the same impact, particularly for people of color and immigrants who meet all eligibility requirements to vote in Georgia’s elections,” Lawrence-Hardy said. She added that when the state first proposed the exact-match identification policy in 2009, Georgia was still under federal oversight and the Justice Department rejected the initial proposal.The trial, which is expected to last roughly a month, will feature dozens of voters who claim that their right to vote was foiled by the state’s rules and regulations, with anecdotes from both the 2018 and the 2020 elections. Election workers will also testify.“You’ll hear how these election workers, who come from all political persuasions and demographic roots, operate under extraordinarily trying circumstances,” Belinfante, the lawyer for the secretary of state, said in his opening remarks. “And you’ll hear how at the end of the day they just want to get it right.”But the trial will not focus on the state’s controversial new voting law that was passed last year and that added numerous new restrictions on voting. The lawsuit was filed before that law was introduced and passed.A window of opportunityThough Raffensperger is on the defense, the trial also presents a political opportunity for the sitting secretary of state, who is seeking re-election. After he rebuffed Donald Trump’s entreaties to “find” enough votes to subvert the election in Georgia, Raffensperger became a key target of Trump, who has endorsed a well-funded challenger in Representative Jody Hice, a Republican who has publicly claimed that Trump won the election in Georgia.Raffensperger has not backed down from saying Trump legitimately lost the 2020 election in Georgia, a stance that has put him at odds with a segment of the Republican base who will be deciding his fate in the May 24 primary.But the trial has allowed Raffensperger the opportunity to attack Abrams and embrace issues that help endear him to the Republican base, such as noncitizen voting. Republicans have focused on noncitizens voting in their hunt for widespread voter fraud (there is no evidence of swaths of noncitizens voting, nor of widespread fraud) and also to justify new policies. Lawyers for Fair Fight contend that part of the “exact match” process could result in citizens being prevented from voting, including newly naturalized citizens.“I want to make sure it is citizen-only voting here in the state of Georgia,” Raffensperger said in a brief news conference before the trial began on Monday. “We are defending this basic protection of the integrity of Georgia’s elections.”Brad Raffensperger, Georgia’s secretary of state, has accused Fair Fight of playing politics with the lawsuit. Dustin Chambers/ReutersWhat to read President Biden announced that the Environmental Protection Agency would lift summertime regulations on E15, an ethanol-gasoline blend, the latest sign that Russia’s invasion of Ukraine has pushed the White House to embrace fossil fuels.U.S.-backed news outlets and Ukrainian activists’ efforts to deliver news to Russians are starting to show signs of working, sowing doubt in the Kremlin’s accounts of the invasion.North Carolina dropped Mark Meadows, Donald Trump’s former chief of staff, from its voter rolls, as officials investigate whether he fraudulently cast a ballot in the state in 2020.in the moment Gov. Greg Abbott of Texas used the migrant drop-off as a fund-raising opportunity. Joel Martinez/The Monitor, via Associated PressTexas sends a bus to … Fox News The arrival of a busload of migrants sent to Washington by Gov. Greg Abbott of Texas made for quite the event.Not so much on the ground, but on cable news, on Twitter and in fund-raising emails.In response to the Biden administration’s plans to end a Trump-era pandemic policy that turned away most unauthorized migrants at the border, Abbott pledged to put immigrants on charter buses and send them to Washington. This morning, the first bus arrived near Union Station, with Fox News camera crews ready to record the moment.Understand the Battle Over U.S. Voting RightsCard 1 of 6Why are voting rights an issue now? More

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    Stacey Abrams to Begin Campaign in Support of For the People Act

    Stacey Abrams, the former Georgia Democratic candidate for governor, and the voting organization she leads are beginning a monthlong advocacy campaign to rally young voters of color to support the For the People Act, an expansive federal elections bill.The effort, called Hot Call Summer, will be anchored in a texting campaign, in which the group aims to reach at least 10 million voters in battleground states that have either passed new laws with restrictions on voting or are advancing such bills. Ms. Abrams’s group, Fair Fight Action, will also host virtual events and fund a paid media campaign to support the push.“With voting rights under attack in 48 out of 50 state legislatures across the country, the moment has never been more urgent, and it will take all of us to ensure that Congress passes the voting rights protections our country and democracy desperately need,” Ms. Abrams said in an email to supporters that was obtained earlier by CBS News. She called on supporters in every state to “make sure that EVERY U.S. Senator is hearing from their constituents about the urgent need” to pass the legislation.The campaign kicks off just days after Senator Joe Manchin III, a moderate Democratic senator from West Virginia, announced that he would not support the federal voting legislation, making passage extremely unlikely in the evenly divided Senate.Republican-led states across the country are continuing to introduce and pass laws that would erect new barriers to voting. Republicans in Texas have vowed to pass a voting bill in a special session this summer, and voting bills are progressing through the Republican-controlled legislatures in New Hampshire and Michigan.Ms. Abrams has made voting rights one of her central platforms. In Georgia in 2018, she came within 55,000 votes of being elected the first Black governor in the United States, and within 18,000 votes of forcing a runoff with her Republican rival, Brian Kemp, in an election that drew almost four million ballots. When she ceded to Mr. Kemp, she maintained her allegations that he had used his position as Georgia’s secretary of state to engage in voter suppression.Ms. Abrams is seen as a likely Democratic candidate for governor in Georgia in 2022. She is scheduled to participate in three virtual town hall events, including one with Katie Hobbs, the Arizona secretary of state and candidate for governor, and Jason Frierson, the Nevada Assembly speaker. Both are Democrats.The Fair Fight campaign joins other national and state organizational efforts in trying to combat the new voting laws being passed by Republican-controlled legislatures. In Texas, the state Democratic Party announced a program aiming to use at least $13 million to register at least one million new voters.And later this month, a coalition of voting rights groups organized by Black Voters Matter will embark on a bus stop tour from New Orleans to Washington, D.C., whose name harks back to its inspiration, the integrated bus trips of the Civil Rights Movement in the 1960s: the “Freedom Ride for Voting Rights.” More