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    American Bridge Sues the F.E.C. Over Trump’s 2024 Hinting

    American Bridge claims in a lawsuit that the F.E.C.’s inaction has given Donald J. Trump an unlawful advantage over any Democratic opponent in 2024.A Democratic super PAC filed a lawsuit against the Federal Election Commission on Wednesday, seeking to force officials to take action against Donald J. Trump for all but running for president in 2024 without having declared himself a candidate.The suit comes more than four months after the group, American Bridge, lodged a complaint with the F.E.C. against Mr. Trump. The complaint argues that he has been behaving like a 2024 presidential candidate while avoiding the oversight of the commission by not filing a statement of candidacy.For a year, Mr. Trump has held rallies across the country that are ostensibly for Republicans running in local, statewide and congressional races, but during which he talks about himself. He has also given several interviews in which he has sounded like a candidate. When Mr. Trump will make a formal announcement remains uncertain, but he has accelerated his campaign planning in hopes of blunting damaging revelations from investigations into his attempts to overturn his defeat in the 2020 election.The group alleges in the lawsuit, filed in Washington, that the agency’s inaction has allowed Mr. Trump to have an advantage as a candidate without a formal campaign committee.“The goal and effect of Mr. Trump’s efforts is to disguise his run for the presidency,” the suit reads, leaving the group and voters “in the dark about the contributions and expenditures he has received, which is information they are entitled to.”Donald Trump, Post-PresidencyThe former president remains a potent force in Republican politics.Grip on G.O.P.: Donald J. Trump is still a looming figure in his party. However, there are signs his control is loosening.Losing Support: Nearly half of G.O.P. primary voters prefer someone other than Mr. Trump for president in 2024, a Times/Siena College poll showed.Looking for Cover: Republicans are bracing for Mr. Trump to announce an unusually early 2024 bid, a move intended in part to shield him from the damaging revelations emerging from the Jan. 6 investigations.Endorsement Record: While Mr. Trump has helped propel some G.O.P. candidates to primary victories, he’s also had notable defeats. Here’s where his record stands so far in 2022.A Modern-Day Party Boss: Hoarding cash, doling out favors and seeking to crush rivals, Mr. Trump is behaving like the head of a 19th-century political machine.His continued fund-raising for his political groups in this manner “provides him with a competitive edge” over his Democratic opponent, whom American Bridge plans to support, the lawsuit says.The group called on the F.E.C. to take action against Mr. Trump within 30 days. The suit suggests that additional action should be taken against both Mr. Trump and the commission if the agency does nothing.The F.E.C. did not immediately respond to an email seeking comment.Lawyers for American Bridge said in the suit that had the agency acted swiftly on their complaint in March, Mr. Trump would have been required to register a principal campaign committee and disclose his campaign activities in a series of reports. They also said that Mr. Trump’s PAC, Save America, is spending money to support candidate-related activities the former president has been engaging in for a year. The group argued that it was at a disadvantage in its efforts to engage in the kind of opposition research it normally conducts, because Mr. Trump is not being subjected to the type of disclosures the commission requires from candidates.The lawsuit compiled some of the remarks the former president made in recent months that hinted at another run for the White House.In January, when Mr. Trump was introduced at his golf course as the 45th president of the United States, he responded, according to the lawsuit, “the 45th and 47th.” It also notes that he told a conservative group in February that “we’re going to be doing it again a third time” and referred to his wife, Melania Trump, as “the future first lady.”In a July interview with New York magazine, Mr. Trump said that “in my own mind, I’ve already made that decision, so nothing factors in anymore.”A spokesman for Mr. Trump did not respond to a request for comment.It is unclear whether the suit will work through the courts fast enough to have any effect on either the commission or Mr. Trump. There have been a handful of suits seeking to force an increasingly slow F.E.C. to take action on various campaign finance matters. Many of those suits are still pending. More

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    Democrats Agree to Pay $113,000 Over Campaign Spending Inquiry

    Hillary Clinton’s campaign and the Democratic Party described payments to a law firm that commissioned scrutiny of Trump-Russia ties — leading to the Steele dossier — as legal services, not opposition research.WASHINGTON — Hillary Clinton’s 2016 presidential campaign and the Democratic Party have agreed to pay $113,000 in fines to settle a Federal Election Commission investigation into whether they violated a campaign finance disclosure law when they funded an opposition research effort into Donald J. Trump and Russia that resulted in a discredited document known as the Steele dossier.During the 2016 race, the Clinton campaign and the Democratic National Committee retained a law firm, Perkins Coie, which in turn hired a research group, Fusion GPS, that commissioned what became the dossier. In campaign spending disclosures, the campaign and the party said their payments to Perkins Coie were for legal services, not opposition research.Dan Backer, a conservative lawyer, filed a complaint with the Federal Election Commission on behalf of a group he leads, the Coolidge Reagan Foundation. It accused the Clinton campaign and the Democratic Party of illegally hiding that they had been funding an opposition research effort.The commission has not yet made public the findings of its investigation. But the agency sent a letter about the inquiry and its resolution to Mr. Backer on Tuesday, which he posted on his group’s website. The letter said the commission agreed that the campaign and the party had probably violated campaign finance law.“We’re thrilled to have caused some modicum of accountability against Hillary Clinton and the Democratic National Committee,” Mr. Backer said, arguing that the dossier had damaged American democracy. He added, “It’s not enough and it should be more.”Graham Wilson, a lawyer representing both the campaign and the party in the matter, did not respond to a request for comment. But Daniel Wessel, a Democratic National Committee spokesman, said in a statement, “We settled aging and silly complaints from the 2016 election about ‘purpose descriptions’ in our F.E.C. report.”So-called conciliation agreements attached to the letter sent to Mr. Backer showed that the campaign and the party disagreed that they had inaccurately described the purpose of their spending. They argued that the research Perkins Coie had commissioned was part of the legal services the law firm provided, including “in anticipation of litigation.”Nevertheless, the documents said, the campaign and the party agreed in February to pay civil penalties totaling $113,000 — $8,000 from the campaign and $105,000 from the party — to resolve the matter “expeditiously and to avoid further legal costs.” The agreements said the campaign and the party did not concede that the Federal Election Commission was correct that they probably violated campaign finance law but “will not further contest” that finding either.The commission documents said Perkins Coie — where a partner at the time, Marc Elias, was representing the Clinton campaign — paid Fusion GPS slightly more than $1 million in 2016, and the law firm was in turn paid $175,000 by the campaign and about $850,000 by the party during six weeks in July and August 2016. Campaign spending disclosure reports described most of those payments to Perkins Coie as having been for “legal services” and “legal and compliance consulting.”The Washington Examiner earlier reported on the commission’s letter to Mr. Backer.The Steele dossier was a set of reports written by Christopher Steele, a former British intelligence agent whose research firm was a subcontractor that Fusion GPS hired to look into Mr. Trump’s purported links to Russia. The reports cited unnamed sources who claimed that there was a “well-developed conspiracy of coordination” between the Trump campaign and Russia and that Russia had a blackmail tape of Mr. Trump with prostitutes.In addition to giving his reports to Perkins Coie, Mr. Steele shared some with the F.B.I. and reporters. The F.B.I. — which had opened its investigation into Russia’s election interference operation and links to the Trump campaign on other grounds — used part of the dossier in applications to wiretap a Trump associate. BuzzFeed published the dossier in January 2017, heightening suspicion about Mr. Trump and Russia.It has become clear that the dossier’s sourcing was thin. No corroborating evidence emerged in the intervening years to support many of its claims, such as the purported sex tape, and investigators determined that one key allegation — that a lawyer for Mr. Trump, Michael D. Cohen, had met with Russian officials in Prague during the campaign — was false.The primary source of information in the dossier was Igor Danchenko, a researcher hired by Mr. Steele to canvass for information about Mr. Trump and Russia from people he knew, including in Europe and Russia.Mr. Danchenko told the F.B.I. in 2017 that he thought the tenor of the dossier was more conclusive than was justified. He portrayed the story of the blackmail tape as speculation that he was unable to confirm; a key source had called him without identifying himself, he said, adding that he had guessed at the source’s identity.Last year, the Trump-era special counsel investigating the Russia inquiry, John H. Durham, indicted Mr. Danchenko on charges that he lied to the F.B.I. about some of his sources.At the same time the Federal Election Commission decided that the Clinton campaign and the Democratic Party had probably violated campaign finance law, the agency dismissed related complaints against Mr. Elias, Perkins Coie, Fusion GPS and Mr. Steele, according to the commission’s letter to Mr. Backer and a letter to Mr. Elias that was obtained by The New York Times. More

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    Democratic Group Says Trump Is Breaking Campaign Law by Not Declaring for 2024

    The complaint to the Federal Election Commission accuses Donald Trump of improperly using his existing political committees to advance a presidential run.A Democratic super PAC said it is filing a formal complaint with the Federal Election Commission on Monday accusing Donald J. Trump of violating campaign finance law by spending political funds on a 2024 presidential bid without formally declaring himself a candidate.The complaint uses Mr. Trump’s own words about a 2024 run — “I know what I’m going to do, but we’re not supposed to be talking about it yet from the standpoint of campaign finance laws,” he said in the fall — to accuse him of improperly using his existing political committees to advance a presidential run.Federal rules require those who raise or spend more than $5,000 in support of a presidential campaign to register with the Federal Election Commission.Mr. Trump has repeatedly teased that he plans to run for president again, saying at the Conservative Political Action Conference last month, “We did it twice and we’ll do it again.” But though he formally filed for re-election the day of his inauguration in 2017, Mr. Trump has not done so for 2024. Such a filing would set off restrictions on how he could raise and spend campaign money, including his existing war chest.Trump-controlled committees entered 2022 with $122 million in the bank — far more than the Republican Party itself.How Donald J. Trump Still LoomsGrip on G.O.P.: Mr. Trump remains the most powerful figure in the Republican Party. However, there are signs his control is loosening.Power Struggle: Led by Senator Mitch McConnell, a band of anti-Trump Republicans is maneuvering to thwart the ex-president.Midterms Effect: Mr. Trump has become a party kingmaker, but his involvement in state races worries many Republicans.Post-Presidency Profits: Mr. Trump is melding business with politics, capitalizing for personal gain.Just the Beginning: For many Trump supporters who marched on Jan. 6, the day was not a disgraced insurrection but the start of a movement.“He should have to adhere to the law in a way that all other candidates do,” said Jessica Floyd, the president of American Bridge, the Democratic group that is filing the complaint. “When he says ‘I’m going to do it a third time,’ that’s not flirting. That’s more than a toe dip.”Ms. Floyd noted that Mr. Trump’s citations of campaign law show clear intentions to evade the existing rules. “It’s not like he doesn’t know what he’s doing,” she said.Taylor Budowich, a spokesman for Mr. Trump, called the complaint frivolous.“America is spiraling into disaster because of the Democrats’ failures, and instead of reversing course, they are busy filing frivolous complaints that have zero merit,” he said.Mr. Trump told the Fox News host Sean Hannity in July 2021 that he had made up his mind about another White House bid. A month later, he said on Fox News again that it was “unbelievably stupid” campaign finance laws that prevented him from directly stating his intentions.“Let me put it this way: I think you’ll be happy, and I think that a lot of our friends will be very happy. But I’m not actually allowed to answer it,” Mr. Trump said then. “It makes it very difficult if I do.”Nothing legally bars Mr. Trump from declaring he is running for president. But he would be subject to additional fund-raising limits and disclosure requirements if he did so.Once a politician has decided to run for federal office and begun fund-raising, the person is supposed to file paperwork declaring the candidacy. There is also an interim step for those who are “testing the waters” of a run. The American Bridge complaint says Mr. Trump has crossed both thresholds, though the line is notoriously blurry.For now, Mr. Trump’s main PAC, called Save America, is registered as a committee that can spend on behalf of others, and the PAC did give away $350,000 to other candidates in 2021, though that sum is far less than the amount the PAC has spent on Mr. Trump’s own properties.The complaint would appear unlikely to generate any crackdown by the Federal Election Commission, which is equally divided between commissioners aligned with the Democratic and Republican parties, and often deadlocks on contentious matters. The watchdog agency’s investigations process is also notoriously slow. A complaint to the commission related to the pre-candidacy activities of Jeb Bush, who announced his run for president in 2015, was still in court as recently as December 2021. More

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    Trump Announces He Is Entering 2022 With $122 Million in the Bank

    The former president said his overall war chest so far was more than double the cash on hand of the Republican National Committee.Donald J. Trump’s political operation announced on Monday that it had raised more than $51 million in the second half of 2021 as the former president continued to dominate the Republican fund-raising landscape in his first year out of the White House.Mr. Trump’s overall war chest entering 2022 stood at $122 million — more than double the cash on hand of the Republican National Committee itself — as he continued to solicit his online supporters with the same pace and intensity of the heat of the campaign.The huge sum gives Mr. Trump an invaluable head start should he run for the White House again, as he has repeatedly suggested is his intention. Mr. Trump’s team announced it processed more than 1.6 million donations in the last six months of 2021, with an average contribution of $31.While those funds are stored in federal accounts that legally cannot be spent on a presidential run, loose rules allow him to fully fund his political operation for now, including paying for rallies and even television ads.Mr. Trump remains, by far, the most popular Republican among Republican voters, but his lead against hypothetical challengers in 2024, in particular Gov. Ron DeSantis of Florida, has narrowed in recent months as he faces fresh challenges to his role as the party’s undisputed leader.How Donald J. Trump Still LoomsGrip on G.O.P.: Mr. Trump remains the most powerful figure in the Republican Party. However, there are signs his control is loosening.Trump vs. DeSantis: Tensions between the ex-president and Florida governor show the challenge confronting the G.O.P. in 2022.Midterms Effect: Mr. Trump has become a party kingmaker, but his involvement in state races worries many Republicans.Just the Beginning: For many Trump supporters who marched on Jan. 6, the day was not a disgraced insurrection but the start of a movement.The announced sum means that Mr. Trump’s fund-raising pace did slow compared to the first half of the year, when he raised $56 million online. Mr. Trump raised less in the last six months of the year, even though he did not actively raise money for most of January and February of 2021. He had paused sending out requests for cash after the riot at the Capitol.Ahead of the 2022 midterm elections, Mr. Trump has already endorsed roughly 100 candidates nationwide, from those making runs for seats ranging from state legislators to secretaries of state to United States senators. He also gave away some of his funds, cutting checks to candidates he has endorsed. Those checks have often come with letters that candidates often proudly post to social media.All told, his team said he had made $1.35 million in contributions to candidates whom he has endorsed and to “like-minded causes.”Taylor Budowich, a spokesman for Mr. Trump, said the fund-raising figures would not just impact the midterms but also the election of 2024, when Mr. Trump has suggested he may again run for president.“President Trump is incredibly well positioned to look beyond November as the need for his leadership has never been more important,” Mr. Budowich said in a statement.Mr. Trump’s various political committees must file disclosures covering the last six months of 2021 by midnight on Monday.In addition to his own political committees, Mr. Trump has raised funds for an allied super PAC called Make America Great Again, Again! Inc. In December, he held a small dinner for super PAC donors at his private Florida club, Mar-a-Lago. Seats were set at $125,000 per person, or $250,000 for a couple.Donors who gave $250,000 to the Trump super PAC included Jose Fanjul, the sugar businessman; Saul Fox, a private equity investor; and Dianne Hendricks, who became a billionaire selling housing material.The super PAC ended 2021 with $9.5 million in the bank. It reported spending $1,438.40 at Mar-a-Lago in December, plus $10,105.09 at Mr. Trump’s Palm Beach golf club. More

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    Trump’s Repeating Donation Tactics Led to Millions in Refunds Into 2021

    Donald Trump and the Republican Party returned $12.8 million to donors in the first half of the year, a sign that their aggressive fund-raising tactics ensnared many unwitting contributors.The aggressive fund-raising tactics that former President Donald J. Trump deployed late in last year’s presidential campaign have continued to spur an avalanche of refunds into 2021, with Mr. Trump, the Republican Party and their shared accounts returning $12.8 million to donors in the first six months of the year, newly released federal records show.The refunds were some of the biggest outlays that Mr. Trump made in 2021 as he has built up his $102 million political war chest — and amounted to roughly 20 percent of the $56 million he and his committees raised online so far this year.Trailing in the polls and facing a cash crunch last September, Mr. Trump’s political operation began opting online donors into automatic recurring contributions by prechecking a box on its digital donation forms to take a withdrawal every week. Donors would have to notice the box and uncheck it to opt out of the donation. A second prechecked box took out another donation, known as a “money bomb.”The Trump team then obscured that fact by burying the fine print beneath multiple lines of bold and capitalized text, a New York Times investigation earlier this year found.The maneuver spiked revenues in the short term — allowing Mr. Trump to spend money before the election — and then caused a cascade of fraud complaints to credit cards and demands for refunds from supporters. The refunded donations amounted to an unwitting interest-free loan from Mr. Trump’s supporters in the weeks when he most needed it.New Federal Election Commission records from WinRed, the Republican donation-processing site, show the full scale of the financial impact. All told, more than $135 million was refunded to donors by Mr. Trump, the Republican National Committee and their shared accounts in the 2020 cycle through June 2021 — including roughly $60 million after Election Day.“It’s pretty clear that the Trump campaign was engaging in deceptive tactics,” said Peter Loge, the director of the Project on Ethics in Political Communication at George Washington University. “If you have to return that much money you are doing something either very wrong or very unethical.”The Trump campaign has previously defended its online practices, with Jason Miller, a spokesman, saying that only 0.87 percent of transactions were subjected to formal credit card disputes last year, which would be about 200,000 transactions. Mr. Miller did not respond to questions this week about the Trump refunds.An example of the prechecked recurring donation boxes Mr. Trump used in 2020.Of the refunds issued this year, $8.1 million came from Mr. Trump’s shared account with the R.N.C., the records show. An additional $2.2 million came from his re-election committee and $2.5 million was issued by the party itself. The party stopped operating in tandem with Mr. Trump earlier this year but still owed refunds from 2020; most of its returned donations came in January and February.The Times investigation had previously found that the Trump operation along with the party had refunded more than 10 percent of the $1.2 billion it had raised online through the end of 2020. President Biden’s equivalent committees refunded 2.2 percent of what had been raised online last year on ActBlue, the Democratic donation-processing site, records show.The Federal Election Commission has since unanimously recommended that Congress prohibit campaigns from prechecking boxes for recurring donations, and legislation to do so has been introduced in both the House and Senate. The state attorneys general in New York, Connecticut, Minnesota and Maryland have also opened investigations into WinRed and ActBlue’s practices.WinRed has sued in federal court to stop the investigation by saying that federal law pre-empts any state investigation. Last week, the attorneys general sought to dismiss the WinRed suit, arguing in a court filing that consumer-protection laws gave them jurisdiction.The prechecked recurring box has become increasingly widespread among Republicans using WinRed, including burying the disclosure under extraneous text; Democrats have moved to stop using such boxes entirely.The two Republican senators who lost the January runoffs in Georgia, Kelly Loeffler and David Perdue, used prechecked boxes to lead donors into weekly withdrawals, resulting in a rash of refunds. Ms. Loeffler and Mr. Perdue combined to refund $10.4 million from Nov. 24 through the end of June 2021 — out of a total of $68.5 million raised online during that time.The Democrats who defeated them, Senators Jon Ossoff and Raphael Warnock, raised tens of millions of dollars more online — and refunded less than one-fifth as much, around $2 million, during the same period.Overall, WinRed issued refunds that totaled 12.7 percent of what it raised the first six months of the year; ActBlue’s refunds were 3.3 percent of what it collected.The disparity was even more stark in January of this year, when refunds were surging for Mr. Trump and Georgia Senate Republicans. That month, refunds issued by WinRed equaled nearly 28 percent of what the platform collected in contributions, records show. There was even one day when WinRed issued more in refunds than it reported receiving in contributions.WinRed said there was simply a greater volume of refunds immediately after elections, and noted that refunds had slowed in recent months. In the first quarter of 2021, records show that refunds issued on WinRed equaled nearly 20 percent of what was raised; that figured dipped to 5.7 percent in the second quarter.Mr. Trump’s new political action committee, Save America, continues to precheck its “money bomb” and recurring donation box, taking out fresh donations monthly. In addition to the $12.8 million refunded by Mr. Trump’s 2020 re-election campaign and party committees tied to it, his new PAC issued nearly $800,000 in refunds in the first six months of the year, 3.75 percent of what it raised.ActBlue, which previously allowed campaigns wide latitude to opt donors into repeating contributions, has clamped down on the tactic. In July, the site implemented new rules essentially forbidding political candidates and groups from prechecking a recurring box unless the link to the donation page explicitly says there will be repeating withdrawals.Digital experts said that many donors do not notice the extra contributions for many months, if at all. Some decide pursuing refunds is too onerous or complex. Older contributors are seen as especially vulnerable to such aggressive digital tactics, campaign strategists say.For Republicans, prechecking is something some strategists defend as a useful tool to shrink the traditional Democratic advantage of online fund-raising.The three main Republican Party committees — one devoted to the House, one to the Senate and the R.N.C. — nearly matched the parallel Democratic groups in online fund-raising, collecting $68.8 million compared with $70.8 million for the Democrats in the first six months of 2021.At the same time, those Republican Party groups issued more than $5 million in additional WinRed refunds compared with the Democratic groups — 11.2 percent of what they raised online compared with 3.7 percent, records show.Rachel Shorey More

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    Voting Rights Bill Falters in Congress as States Race Ahead

    Opposition from Republicans and some of their own senators has left Democrats struggling to determine whether they should try to nix the filibuster to save a top priority.WASHINGTON — In the national struggle over voting rights, Democrats have rested their hopes for turning back a wave of new restrictions in Republican-led states and expanding ballot access on their narrow majorities in Congress. Failure, they have repeatedly insisted, “is not an option.”But as Republican efforts to clamp down on voting prevail across the country, the drive to enact the most sweeping elections overhaul in generations is faltering in the Senate. With a self-imposed Labor Day deadline for action, Democrats are struggling to unite around a strategy to overcome solid Republican opposition and an almost certain filibuster.Republicans in Congress have dug in against the measure, with even the most moderate dismissing it as bloated and overly prescriptive. That leaves Democrats no option for passing it other than to try to force the bill through by destroying the filibuster rule — which requires 60 votes to put aside any senator’s objection — to pass it on a simple majority, party-line vote.But Senator Joe Manchin III of West Virginia, the Democrats’ decisive swing vote, has repeatedly pledged to protect the filibuster and is refusing to sign on to the voting rights bill. He calls the legislation “too darn broad” and too partisan, despite endorsing such proposals in past sessions. Other Democrats also remain uneasy about some of its core provisions.Navigating the 800-page For the People Act, or Senate Bill 1, through an evenly split chamber was never going to be an easy task, even after it passed the House with only Democratic votes. But the Democrats’ strategy for moving the measure increasingly hinges on the longest of long shots: persuading Mr. Manchin and the other 49 Democrats to support both the bill and the gutting of the filibuster.“We ought to be able to pass it — it really would be transformative,” Senator Chris Coons, Democrat of Delaware, said recently. “But if we have several members of our caucus who have just point-blank said, ‘I will not break the filibuster,’ then what are we even doing?”Summarizing the party’s challenge, another Democratic senator who asked to remain anonymous to discuss strategy summed it up this way: The path to passage is as narrow as it is rocky, but Democrats have no choice but to die trying to get across.The hand-wringing is likely to only intensify in the coming weeks. Senator Chuck Schumer of New York, the majority leader, vowed to force a floor debate in late June, testing Mr. Manchin’s opposition and laying the groundwork to justify scrapping the filibuster rule.“Hopefully, we can get bipartisan support,” Mr. Schumer said. “So far, we have not seen any glimmers on S. 1, and if not, everything is on the table.”The stakes, both politically and for the nation’s election systems, are enormous.The bill’s failure would allow the enactment of restrictive new voting measures in Republican-led states such as Georgia, Florida and Montana to take effect without legislative challenge. Democrats fear that would empower the Republican Party to pursue a strategy of marginalizing Black and young voters based on former President Donald J. Trump’s false claims of election fraud.Demonstrators in the Georgia State Capitol in Atlanta protested restrictive voting measures under consideration in March.Megan Varner/Getty ImagesIf the measure passed, Democrats could effectively overpower the states by putting in place new national mandates that they set up automatic voter registration, hold regular no-excuse early and mail-in voting, and restore the franchise to felons who have served their terms. The legislation would also end partisan gerrymandering of congressional districts, restructure the Federal Election Commission and require super PACs to disclose their big donors.A legion of advocacy groups and civil rights veterans argue that the fight is just starting.“This game isn’t done — we are just gearing up for a floor fight,” said Tiffany Muller, the president of End Citizens United and Let America Vote, which are spending millions of dollars on television ads in states like West Virginia. “At the end of the day, every single senator is going to have to make a choice if they are going to vote to uphold the right to vote or uphold an arcane Senate rule. That is the situation that creates the pressure to act.”Proponents of the overhaul on and off Capitol Hill have focused their attention for weeks on Mr. Manchin, a centrist who has expressed deep concerns about the consequences of pushing through voting legislation with the support of only one party. So far, they have taken a deliberately hands-off approach, betting that the senator will realize that there is no real compromise to be had with Republicans.There is little sign that he has come to that conclusion on his own. Democrats huddled last week in a large conference room atop a Senate office building to discuss the bill, making sure Mr. Manchin was there for an elaborate presentation about why it was vital. Mr. Schumer invited Marc E. Elias, the well-known Democratic election lawyer, to explain in detail the extent of the restrictions being pushed through Republican statehouses around the country. Senators as ideologically diverse as Raphael Warnock of Georgia, a progressive, and Jon Tester of Montana, a centrist, warned what might happen if the party did not act.Mr. Manchin listened silently and emerged saying his position had not changed.“I’m learning,” he told reporters. “Basically, we’re going to be talking and negotiating, talking and negotiating, and talking and negotiating.”Senators Rob Portman of Ohio, Kyrsten Sinema of Arizona and Gary Peters of Michigan this month in the Capitol. Ms. Sinema is a co-sponsor of the election overhaul, but she has also pledged not to change the filibuster.Stefani Reynolds for The New York TimesDespite the intense focus on him, Mr. Manchin is not the only hurdle. Senator Kyrsten Sinema, Democrat of Arizona, is a co-sponsor of the election overhaul, but she has also pledged not to change the filibuster. A handful of other Democrats have shied away from definitive statements but are no less eager to do away with the rule.“I’m not to that point yet,” Mr. Tester said. He also signaled he might be more comfortable modifying the bill, saying he “wouldn’t lose any sleep” if Democrats dropped a provision that would create a new public campaign financing system for congressional candidates. Republicans have pilloried it.“First of all, we have to figure out if we have all the Democrats on board. Then we have to figure out if we have any Republicans on board,” Mr. Tester said. “Then we can answer that question.”Republicans are hoping that by banding together, they can doom the measure’s prospects. They succeeded in deadlocking a key committee considering the legislation, though their opposition did not bar it from advancing to the full Senate. They accuse Democrats of using the voting rights provisions to distract from other provisions in the bill, which they argue are designed to give Democrats lasting political advantages. 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ease;position:relative;opacity:0;}.css-6mllg9:before{content:”;background-image:linear-gradient(180deg,transparent,#ffffff);background-image:-webkit-linear-gradient(270deg,rgba(255,255,255,0),#ffffff);height:80px;width:100%;position:absolute;bottom:0px;pointer-events:none;}.css-1jiwgt1{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-box-pack:justify;-webkit-justify-content:space-between;-ms-flex-pack:justify;justify-content:space-between;margin-bottom:1.25rem;}.css-8o2i8v{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-flex-direction:column;-ms-flex-direction:column;flex-direction:column;-webkit-align-self:flex-end;-ms-flex-item-align:end;align-self:flex-end;}.css-8o2i8v p{margin-bottom:0;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-1rh1sk1{margin:0 auto;overflow:hidden;}.css-1rh1sk1 strong{font-weight:700;}.css-1rh1sk1 em{font-style:italic;}.css-1rh1sk1 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#ccd9e3;text-decoration-color:#ccd9e3;}.css-1rh1sk1 a:visited{color:#333;-webkit-text-decoration-color:#ccc;text-decoration-color:#ccc;}.css-1rh1sk1 a:hover{-webkit-text-decoration:none;text-decoration:none;}“I don’t think they can convince 50 of their members this is the right thing to do,” said Senator Roy Blunt, Republican of Missouri. “I think it would be hard to explain giving government money to politicians, the partisan F.E.C.”In the meantime, Mr. Manchin is pushing the party to embrace what he sees as a more palatable alternative: legislation named after Representative John Lewis of Georgia, the civil rights icon who died last year, that would restore a key provision of the Voting Rights Act of 1965 that the Supreme Court struck down in 2013.That measure would revive a mandate that states and localities with patterns of discrimination clear election law changes with the federal government in advance, a requirement Mr. Manchin has suggested should be applied nationwide.The senator has said he prefers the approach because it would restore a practice that was the law of the land for decades and enjoyed broad bipartisan support of the kind necessary to ensure the public’s trust in election law.In reality, though, that bill has no better chance of becoming law without getting rid of the filibuster. Since the 2013 decision, when the justices asked Congress to send them an updated pre-clearance formula for reinstatement, Republicans have shown little interest in doing so.Only one, Senator Lisa Murkowski of Alaska, supports legislation reinstating the voting rights provision in the Senate. Asked recently about the prospect of building more Republican support, Ms. Murkowski pointed out that she had been unable to attract another co-sponsor from her party in the six years since the bill was first introduced.Complicating matters, it has yet to actually be reintroduced this term and may not be for months. Because any new enforcement provision would have to pass muster with the courts, Democrats are proceeding cautiously with a series of public hearings.All that has created an enormous time crunch. Election lawyers have advised Democrats that they have until Labor Day to make changes for the 2022 elections. Beyond that, they could easily lose control of the House and Senate.“The time clock for this is running out as we approach a midterm election when we face losing the Senate and even the House,” said Representative Terri A. Sewell, a Democrat who represents the so-called Civil Rights Belt of Alabama and is the lead sponsor of the bill named for Mr. Lewis.“If the vote and protecting the rights of all Americans to exercise that most precious right isn’t worth overcoming a procedural filibuster,” she said, “then what is?”Luke Broadwater More

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    Senate Panel Deadlocks on Voting Rights as Bill Faces Major Obstacles

    Democrats now face the task of overcoming their own differences on the measure, and deciding whether they will use it as a vehicle to try to curb the filibuster.WASHINGTON — A key Senate committee deadlocked on Tuesday over Democrats’ sweeping proposed elections overhaul, previewing a partisan showdown on the Senate floor in the coming months that could determine the future of voting rights and campaign rules across the country.The tie vote in the Senate Rules Committee — with nine Democrats in favor and nine Republicans opposed — does not prevent Democrats from moving forward with the 800-page legislation, known as the For the People Act. Proponents hailed the vote as an important step toward adopting far-reaching federal changes to blunt the restrictive new voting laws emerging in Republican-led battleground states like Georgia and Florida.But the action confronted Democrats with a set of thorny questions about how to push forward on a bill that they view as a civil rights imperative with sweeping implications for democracy and their party. The bill as written faces near-impossible odds in the evenly divided Senate, where Republicans are expected to block it using a filibuster and at least one Democrat, Senator Joe Manchin III of West Virginia, remains opposed.With their control in Washington potentially fleeting and Republican states racing ahead with laws to curtail ballot access, Democrats must reach consensus among themselves on the measure, and decide whether to attempt to destroy or significantly alter the Senate’s filibuster rules — which set a 60-vote threshold to overcome any objection to advancing legislation — to salvage its chances of becoming law.“Here in the 21st century, we are witnessing an attempt at the greatest contraction of voting rights since the end of Reconstruction and the beginning of Jim Crow,” Senator Chuck Schumer, Democrat of New York and the majority leader, said at the session’s outset.He cited a new law in Iowa restricting early and mail-in voting, another in Florida cutting back on the use of drop boxes and making it harder to vote by mail, and one in Georgia, where Democrats have attacked the decision to bar third parties from giving water or snacks to voters waiting in long lines.“These laws carry the stench of oppression, the smell of bigotry,” Mr. Schumer said, telling Republicans they faced a “legacy-defining choice.” “Are you going to stamp it out, or are you going to spread it?”Among other changes, Democrats’ bill would essentially overwrite such changes by setting a nationwide floor on ballot access. Each state would be required to implement 15 days of early voting, no-excuse vote by mail programs like the ones many states expanded during the pandemic and automatic and same-day voter registration. Voting rights would be restored to those who had served prison sentences for felonies, and states would have to accept a workaround neutering voter identification laws that Democrats say can make it harder for minorities to vote.Over eight hours of debate, the clash only served to highlight how vast philosophical differences over elections have come to divide the two parties in the shadow of former President Donald J. Trump’s lies about fraud and theft in the 2020 contest.Republicans gave no indication they were willing to cede any ground to Democrats in a fight that stretches from the Capitol in Washington to state houses across the country. Instead, with Mr. Schumer’s Republican counterpart, Senator Mitch McConnell of Kentucky, taking the lead, they argued that Democrats were merely using state laws as a fig leaf to justify an unnecessary and self-serving federal power grab “cooked up at the Democratic National Committee.”“Our democracy is not in crisis, and we’re not going to let one party take over our democracy under the false pretense of saving it,” Mr. McConnell said.He and other Republicans on the committee were careful to sidestep many of Mr. Trump’s outlandish claims of fraud, which have taken deep root in the party, fueling the Jan. 6 assault on the Capitol and prompting state lawmakers to adjust their election laws. But in a late-afternoon statement, Mr. Trump, who still towers over the party, made clear the connection between those lies and the push to curb ballot access, calling for every state to adopt restrictive voting laws, including voter-identification requirements, “so we never again have an election rigged and stolen from us.”“The people are demanding real reform!” Mr. Trump wrote.While the Rules Committee vote fulfilled Democrats’ pledge to thoroughly consider the bill before it reached the floor, it left an enormous challenge for Mr. Schumer. Progressive activists are spending millions of dollars to ramp up pressure on Democrats to quickly scrap the filibuster or miss a chance to implement the changes before 2022. The bill already passed the House with only Democratic votes.“What is intense pressure now is only going to grow,” said Eli Zupnick, a former Senate leadership aide and a spokesman for Fix Our Senate, a coalition of liberal groups pushing to eliminate the filibuster. “There is no way out. There is no third option. It is either the filibuster or the For the People Act.”But Mr. Manchin and a small group of others remain uncomfortable both with changing Senate rules and with provisions of the underlying bill, which also includes a public financing system for congressional candidates, far-reaching new ethics requirements for Congress and the White House, an end to gerrymandering congressional districts and dozens of other significant changes.Demonstrators protesting Georgia’s voting legislation in Atlanta in March.Nicole Craine for The New York TimesDemocratic senators plan to meet privately Thursday afternoon to begin deliberations over how to move forward, according to two Democratic officials who discussed the scheduled private session on the condition of anonymity.At least some senators appear ready to make wholesale changes if necessary to win the support of Mr. Manchin and other hesitant Democrats. One of them, Senator Tim Kaine of Virginia, said the stakes were “existential” if Democrats failed.“If we can’t unify behind it, I think there are going to be some tough decisions to maybe set pieces of it aside,” Mr. Kaine said in an interview.Democrats proposed only modest changes during Thursday’s marathon session in the Rules Committee.Republicans rejected a large package of changes meant to address concerns raised primarily by state elections administrators who have complained that some voting provisions would be expensive or onerous to implement.Republicans also rejected a proposal by Senator Jon Ossoff, Democrat of Georgia, to strike down bans, like one included in Georgia’s new law, on providing water to voters stuck in long lines to cast ballots..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media 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ease;transition:all 0.5s ease;-webkit-transform:rotate(180deg);-ms-transform:rotate(180deg);transform:rotate(180deg);}.css-eb027h{max-height:5000px;-webkit-transition:max-height 0.5s ease;transition:max-height 0.5s ease;}.css-6mllg9{-webkit-transition:all 0.5s ease;transition:all 0.5s 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(min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-1rh1sk1{margin:0 auto;overflow:hidden;}.css-1rh1sk1 strong{font-weight:700;}.css-1rh1sk1 em{font-style:italic;}.css-1rh1sk1 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#ccd9e3;text-decoration-color:#ccd9e3;}.css-1rh1sk1 a:visited{color:#333;-webkit-text-decoration-color:#ccc;text-decoration-color:#ccc;}.css-1rh1sk1 a:hover{-webkit-text-decoration:none;text-decoration:none;}When the time came to offer their own amendments, Republicans were far more ambitious, submitting 150 proposals to kill various pieces of the bill. Ultimately, they demanded votes on only a couple of dozen, many of which forced Democrats to defend positions Republicans believe are politically unpopular.Senator Roy Blunt of Missouri, the top Republican on the committee, tried to strip the provision creating a public financing system that would match small donations to congressional candidates with federal funds. Senator Ted Cruz, Republican of Texas, argued the case against it most vividly, calculating how much each member of the committee might receive in matching funds, including $24 million for himself.Senator Roy Blunt of Missouri, the top Republican on the Senate panel considering the measure, tried to strip the bill of a public financing system that would match small donations to congressional candidates with federal funds.Stefani Reynolds for The New York Times“Your constituents in every one of your states, I would venture, do not want to give your campaigns or my campaign millions of dollars in federal funds,” he said. “We do not need welfare for politicians.”Democrats pointed out that the public financing would be optional, but defended it as far preferable to the current system, in which politicians largely rely on a small number of wealthy donors and special interests to bankroll their campaigns. The amendment failed.“If people want to pay for their campaigns with big-money donors instead, I guess that’s what they’ll do,” said Senator Amy Klobuchar of Minnesota, the committee chairwoman.In a sign of the how seriously both parties took the debate, Mr. McConnell, who rarely attends hearings as party leader, remained glued to the dais for much of the day, sparring vigorously with Democrats. He was most animated in opposition to proposed changes to campaign finance laws, reprising his role as the Senate’s pre-eminent champion of undisclosed, unlimited political spending.“Regardless of who has a partisan advantage here — let’s just put that aside — is it the business of the government to supervise political speech, to decide what you can say about an issue that may be in proximity to an election?” he said.Mr. McConnell called unsuccessfully for dropping language that would require super PACs to disclose the identities of their big donors and a proposed restructuring of the Federal Election Commission to make it more partisan.Mr. Ossoff pushed back. Arguing that there was often no difference between the objectives of super PACs and traditional campaigns, he said, “The public should have the right to know who is putting significant resources into influencing the views of the voters.” More

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    F.E.C. Drops Case Reviewing Trump Hush-Money Payments to Women

    The case had examined whether Donald Trump violated election law with a $130,000 payment shortly before the 2016 election to a pornographic-film actress by his personal lawyer, Michael Cohen.The Federal Election Commission said on Thursday that it had formally dropped a case looking into whether former President Donald J. Trump violated election law with a payment of $130,000 shortly before the 2016 election to a pornographic-film actress by his personal lawyer at the time, Michael D. Cohen.The payment was never reported on Mr. Trump’s campaign filings. Mr. Cohen would go on to say that Mr. Trump had directed him to arrange payments to two women during the 2016 race, and would apologize for his involvement in a hush-money scandal. Mr. Cohen was sentenced to prison for breaking campaign finance laws, tax evasion and lying to Congress.“It was my own weakness and a blind loyalty to this man that led me to choose a path of darkness over light,” Mr. Cohen said of Mr. Trump in court in 2018.While Mr. Cohen has served time in prison, Mr. Trump has not faced legal consequences for the payment.“The hush money payment was done at the direction of and for the benefit of Donald J. Trump,” Mr. Cohen said in a statement to The New York Times. “Like me, Trump should have been found guilty. How the F.E.C. committee could rule any other way is confounding.”In December 2020, the F.E.C. issued an internal report from its Office of General Counsel on how to proceed in its review in December 2020. The office said it had found “reason to believe” violations of campaign finance law were made “knowingly and willfully” by the Trump campaign.But the election commission — split evenly between three Republicans and three Democratic-aligned commissioners — declined to proceed in a closed-door meeting in February. Two Republican commissioners voted to dismiss the case while two Democratic commissioners voted to move forward. There was one absence and one Republican recusal.That decision was announced on Thursday.Two of the Democratic commissioners on the F.E.C., Shana Broussard, the current chairwoman, and Ellen Weintraub, objected to not pursuing the case after the agency’s staff had recommended further investigation.“To conclude that a payment, made 13 days before Election Day to hush up a suddenly newsworthy 10-year-old story, was not campaign-related, without so much as conducting an investigation, defies reality,” they wrote in a letter.The Republican commissioners who voted not to proceed with an investigation, Trey Trainor and Sean Cooksey, said that pursuing the case was “not the best use of agency resources,” that “the public record is complete” already and that Mr. Cohen had already been punished.“We voted to dismiss these matters as an exercise of our prosecutorial discretion,” Mr. Cooksey and Mr. Trainor wrote.A spokesman for Mr. Trump did not immediately respond to a request for comment.The Cohen case captured the public’s attention in 2018 after the F.B.I. raided his office, apartment and hotel room, hauling off boxes of documents, cellphones and computers. Months later, Mr. Cohen pleaded guilty to, among other charges, campaign finance violations.He said in court that he had arranged payments — including $130,000 to the adult-film actress Stormy Daniels, whose real name is Stephanie Clifford — “for the principal purpose of influencing the election.”The payment was far in excess of the legal limit for individual contributions for president, which was then $2,700.Mr. Cohen further said he had arranged for a $150,000 payment by American Media Inc. to Karen McDougal, a former Playboy playmate, earlier in 2016.Mr. Cohen would later turn on Mr. Trump and write his own book about serving as the former president’s enforcer while he was a businessman. The book was called “Disloyal: A Memoir.” More