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    There Is No Good Reason You Should Have to Be a Citizen to Vote

    This essay is part of a series exploring bold ideas to revitalize and renew the American experiment. Read more about this project in a note from Ezekiel Kweku, Opinion’s politics editor.

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    Washingtonians love to complain about taxation without representation. But for me and my fellow noncitizens, it is a fact of political life that we submit to unquestioningly year after year, primary after primary, presidential election after presidential election. Nearly 15 million people living legally in the United States, most of whom contribute as much as any natural-born American to this country’s civic, cultural and economic life, don’t have a say in matters of politics and policy because we — resident foreign nationals, or “aliens” as we are sometimes called — cannot vote.Considering the Supreme Court’s recent decision undermining voting rights, and Republicans’ efforts to suppress, redistrict and manipulate their way to electoral security, it’s time for Democrats to radically expand the electorate. Proposing federal legislation to give millions of young people and essential workers a clear road to citizenship is a good start. But there’s another measure that lawmakers both in Washington and state capitals should put in place: lifting voting restrictions on legal residents who aren’t citizens — people with green cards, people here on work visas, and those who arrived in the country as children and are still waiting for permanent papers.Expanding the franchise in this way would give American democracy new life, restore immigrants’ trust in government and send a powerful message of inclusion to the rest of the world.It’s easy to assume that restricting the franchise to citizens is an age-old, nonnegotiable fact. But it’s actually a relatively recent convention and a political choice. Early in the United States’ history, voting was a function not of national citizenship but of gender, race and class. As a result, white male landowners of all nationalities were encouraged to play an active role in shaping American democracy, while women and poor, Indigenous and enslaved people could not. That wholesale discrimination is unquestionably worse than excluding resident foreigners from the polls, but the point is that history shows how readily voting laws can be altered — and that restrictive ones tend not to age well.Another misconception is that citizen voting rights have always been the prerogative of the federal government. In fact, states have largely decided who had a say in local, state and national elections. Arkansas was the last state to eliminate noncitizen voting in 1926, and it wasn’t until 1996 that Congress doubled down with the Illegal Immigration Reform and Immigrant Responsibility Act, which made voting in federal elections while foreign — already not permitted because of state-level rules — a criminal, and deportable, offense. (This means that congressional Democrats working on immigration and election reform can reverse the 1996 sanctions the same way they voted them in.)The strongest case for noncitizen voting today is representation: The more voters show up to the polls, the more accurately elections reflect peoples’ desires. The United States already has plenty of institutions that account for noncitizens: The census aims to reach all residents because it believes everyone, even aliens, matters. Corporations enjoy free speech and legal personhood — and they’re not even people. Would it be such a stretch to give a noncitizen resident a say in who gets elected to their state legislature, Congress or the White House?What’s more, allowing noncitizens to vote in federal, state and municipal elections would help revitalize American democracy at a time when enthusiasm and trust are lacking. While 2020 was considered a “high turnout” election, only about 65 percent of eligible voters cast ballots. Compare that to Germany, where turnout was 76 percent in the last general election.Democrats are likely to be the biggest beneficiaries of this change — at least at first. But it could have interesting ripple effects: Elected Republicans might be induced to appeal to a more diverse constituency, or perhaps to enthuse their constituents so deeply that they too start to vote in greater numbers.It’s also just good civics: Allowing people to vote gives them even more of a sense of investment in their towns, cities, communities and country. There’s a detachment that comes with not being able to vote in the place where you live. Concerns about mixed loyalties, meanwhile, are misplaced. The United States not only allows dual citizenship but also allows dual citizens to vote — and from abroad. Is there any reason to think resident foreigners should be less represented?Voting is, in a sense, a reward for becoming an American. But in truth, it’s often much harder to get a visa or green card than to then become a naturalized citizen. It took me 15 years and over $10,000 in legal fees (not to mention the cost of college) to obtain permanent residency. The citizenship test and oath feel comparatively like a piece of cake.It shouldn’t be this onerous to emigrate. But given that it is, it would make much more sense to make residents provide proof of voter registration as a requirement for naturalization, rather than the other way around. We will have more than “earned” it. And what better way to learn about American life than to play an active role in deciding its elections?In the absence of federal- or state-level action, local lawmakers are already free let noncitizens decide on things like garbage pickup, parking rules and potholes. Some do. Since 1992, Takoma Park, Md., has allowed all residents to vote, regardless of their citizenship. Nine additional Maryland towns, as well as districts in Vermont and Massachusetts, have voted to re-enfranchise noncitizens. The cities of Chicago, Washington and Portland are also considering the idea, and a bill that would give New York City’s authorized immigrants voting rights has a new supermajority in the City Council.I’ve lived in New York since 2004, but haven’t once had a chance to cast a ballot here. Last fall, I grew so frustrated that I started mailing ballots to my hometown in Switzerland. But voting in a place I haven’t lived in since I was a minor makes about as little sense as not voting in the city where I’ve lived my entire adult life.I’m looking forward to City Council giving me, and the other million or so friendly aliens living here, the right to vote for New York’s officials. But we should be able to vote for our representatives in Washington, too. I hope that Democrats seize their chance, and realize the power and the enthusiasm of their potential constituents. They — and we — will not regret it.Atossa Araxia Abrahamian (@atossaaraxia) is the author of “The Cosmopolites: The Coming Global Citizen.” She is working on a second book about weird jurisdictions.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram.hed More

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    Greg Abbott and Dan Patrick Steer Texas Far to the Right

    Different in style and background, Gov. Greg Abbott and Lt. Gov. Dan Patrick have come together, for different reasons, to push an uncompromising conservative agenda.One is a former State Supreme Court justice who acts with a lawyer’s caution; the other a Trumpist firebrand who began his political career in the world of conservative talk radio. They have sparred at times, most recently this winter over the deadly failure of their state’s electrical grid.But together, Gov. Greg Abbott and Lt. Gov. Dan Patrick, the two most powerful men in Texas, are the driving force behind one of the hardest right turns in recent state history.The two Republicans stand united at a pivotal moment in Texas politics, opposing Democrats who have left the state for Washington in protest of the G.O.P.-controlled Legislature’s attempt to overhaul the state’s election system — blocking Republicans from advancing any bills to Mr. Abbott’s desk. Any policy differences between the governor and lieutenant governor have melted away in the face of the realities of today’s Republican Party, with a base devoted to former President Donald J. Trump and insistent on an uncompromising conservative agenda.“The lieutenant governor reads off the playbook of the far right, and that’s where we go,” said State Senator Kel Seliger, a moderate Republican from Amarillo. “The governor less so, but not much less so.”Now, if Mr. Abbott and Mr. Patrick hope to sustain momentum for Texas Republicans — and if the ambitious two men hope to strengthen their career prospects — they must navigate a political and public relations battle over voting rights involving an angry base, restive Republican lawmakers and a largely absent yet outspoken Democratic delegation.Mr. Abbott, 63, a lawyer who has held or been campaigning for statewide office since 1996, has shifted to the right as he prepares for a re-election bid next year that will involve the first challenging Republican primary he has ever faced. While Texas voters broadly approve of his leadership and he is sitting on a $55 million war chest, far-right activists and lawmakers have grumbled about his perceived political moderation. And Mr. Abbott is viewed by some in Texas as eyeing a potential presidential run in 2024, which could further sway his political calculations.Mr. Patrick, 71, who started one of the nation’s first chains of sports bars before becoming a radio host and the owner of Houston’s largest conservative talk station, holds what is perhaps the most powerful non-gubernatorial statewide office in the country, overseeing the Senate under Texas’ unusual legislative rules. His years of tending to the conservative base are paying off for him now: He is running unopposed for renomination, after leading Mr. Abbott and the state down a more conservative path than the governor has ever articulated for himself.Both leaders are highly cognizant of what the Republican base wants: Stricter abortion laws. Eliminating most gun regulations. Anti-transgender measures. Rules for how schools teach about racism. And above all there is Mr. Trump’s top priority: wide-ranging new laws restricting voting and expanding partisan lawmakers’ power over elections.Republicans continue to hold most of the cards, but they face the prospect of appearing toothless amid frustrating delays and rising calls from conservatives to take harsh action against the Democrats.The divergent styles of the governor and lieutenant governor could be seen in how they reacted to the news on Monday that Democrats were leaving the state. Mr. Abbott told an Austin TV station that the lawmakers would be arrested if they returned to the state and pledged to keep calling special sessions of the Legislature until they agreed to participate. Mr. Patrick — whose social media instincts could be seen as far back as 2015, when he began his inaugural speech by taking selfies with the crowd — mocked the Democrats by posting a photo of them en route to the Austin airport, with a case of beer on the bus.“They can’t hold out forever,” Mr. Patrick said of Democrats during a Fox News appearance Thursday. “They have families back home, they have jobs back home and pretty soon their wives or husbands will say, ‘It’s time to get back home.’”For the moment, Mr. Patrick has far more power in shaping and moving bills through the State Senate than the governor does. While Mr. Abbott convened the special session of the Legislature and dictated the topics to be discussed, he is not an arm-twister and, with the Democrats gone, there are no arms to be twisted.“The lieutenant governor is riding very high in the Texas Senate and he has regular appearances on Fox and I think he is running pretty freely right now,” said Joe Straus, a moderate Republican from San Antonio who served as the speaker of the Texas House for a decade until, under pressure from conservatives, he chose not to seek re-election in 2018. “He is very influential in setting the agenda at the moment.”Representatives for Mr. Abbott and Mr. Patrick declined interview requests for this article. The Times spoke with Texas Republicans who know the two men, as well as aides and allies who spoke on the condition of anonymity because they were not authorized to speak publicly.Mr. Abbott, above in 2005, previously served as a Texas Supreme Court judge and the state’s attorney general.Gerald Herbert/Associated PressMr. Abbott and Mr. Patrick have tussled occasionally in recent years over how far to the right to take Texas. This winter, Mr. Patrick implicitly criticized the governor’s stewardship of the state’s electrical grid after a snowstorm caused widespread power failures that led to the deaths of more than 200 people. But though Mr. Abbott is now aligned with Mr. Patrick against the state’s Democrats, he is drawing criticism, even from some Republicans, for pushing his agenda as a matter of political expediency, now that he is facing a crowd of primary challengers from the right. His rivals include Allen West, the former congressman and chairman of the state Republican Party, and Don Huffines, a former state senator who was an outspoken critic of Mr. Abbott’s initial coronavirus restrictions.The governor needs to win at least 50 percent in the primary to avoid a runoff that would pit him against a more conservative opponent — a treacherous position for any Texas Republican.“These are issues that the grass roots and the Republican Party have been working on and filing bills on for 10 years,” said Jonathan Stickland, a conservative Republican who represented a State House district in the Fort Worth area for eight years before opting out of re-election in 2020. “Abbott didn’t care until he got opponents in the Republican primary.”Paul Bettencourt, who holds Mr. Patrick’s old Senate seat and hosts a radio show on the Houston station that Mr. Patrick still owns, was blunt about who he thought was the true leader on conservative policy. “The lieutenant governor has been out in front on these issues for, in some cases, 18 years,” Mr. Bettencourt said.Mr. Abbott’s allies say his priorities have not shifted with the political winds. “To me and anyone who pays attention, it shouldn’t surprise anyone that Greg Abbott is a conservative and he is a border security hawk,” said John Wittman, who spent seven years as an Abbott aide. The governor is being more heavily scrutinized on issues like guns and the transgender bill, Mr. Wittman said, because “these were issues that bubbled up as a result of what’s happening now.”Mr. Patrick, then a state senator, defeated the incumbent during a Republican primary for lieutenant governor in 2014.Smiley N. Pool/Houston Chronicle, via Associated PressMr. Abbott predicted that Democrats would pay a political price for leaving the state.“All they want to do is complain,” he told the Fox News host Sean Hannity on Thursday. “Texas voters are going to be extremely angry at the Texas House members for not showing up and not doing their jobs.”No bill has produced more outrage among Democrats than the proposals to rewrite Texas voting laws, which are already among the most restrictive in the country.The Republican voting legislation includes new restrictions that voting rights groups say would have a disproportionate impact on poorer communities and communities of color, especially in Harris County, which includes Houston and is the state’s largest..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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a:hover{-webkit-text-decoration:none;text-decoration:none;}Democrats are most worried about provisions in the Texas bills that would expand the authority of partisan poll watchers, who have become increasingly aggressive in some states, leading to fears that they may intimidate voters and election workers.“We’re seeing backtracking on the progress that has been made in voting rights and access to the ballot box across this country,” State Representative Chris Turner, the Democratic leader in the Texas House, said this week. “There’s a steady drumbeat of Republican voter suppression efforts in Texas and also across the country, all of which are based on a big lie.”Mr. Abbott, Mr. Patrick and other Republicans say the elections legislation will simplify voting procedures across a state with 254 counties and 29 million people.The two Republican leaders have been largely aligned this year on legislative priorities beyond an electoral overhaul. Mr. Patrick has been the driving force for social issues that animate right-wing Texans, pushing for new restrictions on transgender youths and ordering a state history museum to cancel an event with the author of a book that seeks to re-examine slavery’s role in the Battle of the Alamo, a seminal moment in Texas history.Mr. Abbott used an earlier walkout by Democrats over voting rights as an opportunity to place himself at the center of a host of conservative legislation, including a proposal for additional border security funding during the special session that began last week. This follows a regular session in which Texas Republicans enacted a near-ban of abortions in the state and dropped most handgun licensing rules, among other conservative measures.Mr. Abbott’s position, however, has left him without much room to maneuver to reach any sort of compromise that could end the stalemate and bring the Democrats home from Washington. So far he has vowed to arrest them and have them “cabined” in the statehouse chamber should they return to Texas — a threat that has not led to any discussion between the two sides.Mr. Straus, the former State House speaker, said the episode illustrated a significant decline of bipartisan tradition in Texas, one he said was evident under the previous governor, Rick Perry.“I was speaker when Governor Perry was there as well and we had some bumps with him too, but he was always able to work with the Legislature,” Mr. Straus said. “He was able to do this without sacrificing his conservative credentials. That seems to be missing today, as everyone’s dug in doing their tough-guy act.”Manny Fernandez More

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    What’s at Stake in the Fight Over Voting Rights

    Here’s a breakdown of the themes in the state laws that Republicans are passing.Texas Democrats left the state for the nation’s capital in an effort to prevent passage of a new restrictive voting law in the Republican-controlled state legislature and to bring national attention to their cause.Kenny Holston for The New York TimesWith President Biden set to give a speech on voting rights in Philadelphia today and the Texas Legislature engulfed in chaos over a Republican effort to change election rules, we want to update you on the latest developments on the issue.We’ll break down the major themes in the new state laws that Republicans are passing, as well as the responses from Democrats. The short version: Democratic leaders have no evident way to stop the Republican-backed laws — but the effect of those laws remains somewhat uncertain.First, the newsIn his Philadelphia speech, Biden will call efforts to limit ballot access “authoritarian and anti-American,” the White House said.Some Democrats hope that presidential attention will persuade Congress to pass a voting-rights bill that outlaws the new Republican voting rules. But that’s unlikely. Congressional Republicans are almost uniformly opposed to ambitious voting-rights bills. And some Senate Democrats, including Joe Manchin, seem unwilling to change the filibuster, which would almost certainly be necessary to pass a bill.So why is Biden giving a speech? In part, it helps him avoid criticism from progressive Democrats that he is ignoring the subject, as Michael Shear, a White House correspondent for The Times, told us.But Biden also appears to be genuinely concerned about the issue, and the use of the presidential bully pulpit is one of the few options available to him. Over the long term, high-profile attention may increase the chances of federal legislation, Michael said.In Texas, Democratic legislators fled the state yesterday to deny the Republican-controlled Legislature the quorum it needs to pass a restrictive voting bill. The move is likely only to delay the bill, not stop it from becoming law.The G.O.P. lawsIn 17 states, Republican lawmakers have recently enacted laws limiting ballot access, according to the Brennan Center for Justice. Texas could become the 18th.Republican officials have justified these new laws by saying that they want to crack down on voter fraud. They passed the laws after Donald Trump spent months falsely claiming that the 2020 presidential election was fraudulent.Studies have repeatedly found that voter fraud is not a widespread problem. Some of the very few cases have involved Republicans trying to vote more than once.The substance of the laws makes their true intent clear: They are generally meant to help Republicans win more elections.Increase partisan controlSo far, at least 14 states have enacted laws that give partisan officials more control over election oversight — potentially allowing those politicians to overturn an election result, as Donald Trump urged state-level Republicans to do last year.In Georgia, a Republican-controlled commission now has the power to remove local election officials, and has already removed some. In Florida, elections officials who fail to supervise drop boxes continuously can be fined $25,000. Arkansas has empowered a state board to “take over and conduct elections” in a county if the G.O.P.-dominated legislature deems it is necessary. Arizona Republicans took away the Democratic secretary of state’s authority over election lawsuits and gave it to the Republican attorney general.It’s not hard to imagine how Republican legislators could use some of these new rules to disqualify enough ballots to flip the result of a very close election — like, say, last year’s presidential election in Arizona or Georgia. The election-administration provisions, The Times’s Nate Cohn has written, are “the most insidious and serious threat to democracy” in the new bills.Making voting harderMany Republican politicians believe that they are less likely to win elections when voter turnout is high and have passed laws that generally make voting more difficult..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 (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-w739ur{margin:0 auto 5px;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-w739ur{font-size:1.25rem;line-height:1.4375rem;}}.css-9s9ecg{margin-bottom:15px;}.css-16ed7iq{width:100%;display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;-webkit-box-pack:center;-webkit-justify-content:center;-ms-flex-pack:center;justify-content:center;padding:10px 0;background-color:white;}.css-pmm6ed{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;}.css-pmm6ed > :not(:first-child){margin-left:5px;}.css-5gimkt{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.8125rem;font-weight:700;-webkit-letter-spacing:0.03em;-moz-letter-spacing:0.03em;-ms-letter-spacing:0.03em;letter-spacing:0.03em;text-transform:uppercase;color:#333;}.css-5gimkt:after{content:’Collapse’;}.css-rdoyk0{-webkit-transition:all 0.5s 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 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-uf1ume{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;}.css-wxi1cx{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-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-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 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:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}Some of the new laws restrict early voting: Iowa, for example, has shortened the early-voting period to 20 days from 29 and reduced poll hours on Election Day. Georgia’s new rules on early voting hours will most likely limit access for voters with less flexible schedules. Others make it harder to cast a ballot in person on Election Day. Montana has eliminated same-day registration and will require voters to show a photo ID.Still other states have made it harder to vote by mail: Florida has reduced the hours for ballot drop-off boxes and will also require voters to request a new mail ballot for each election. Georgia and Iowa have banned elections officials from automatically mailing absentee ballot applications to voters — as Texas may soon do. Idaho and Kansas require that a voter’s signature on an absentee ballot match the voter-registration signature.Notably, some of the provisions are targeted at areas and groups that lean Democratic — like Black, Latino and younger voters. Georgia has lowered the number of drop boxes allowed for the metropolitan Atlanta area to an estimated 23 from 94 — while increasing drop boxes in some other parts of the state. Texas Republicans hope to ban drive-through voting and other measures that Harris County, a Democratic stronghold, adopted last year. Montana has ruled that student IDs are no longer a sufficient form of voter identification.There are a few laws that go in the other direction. In Kentucky and Oklahoma, bipartisan groups of legislators voted to expand early voting, while Louisiana made it easier for former felons to vote. Several Democratic-leaning states, including Vermont and Nevada, have also taken steps to make voting easier.And the impact?That’s not so easy to figure out. The laws certainly have the potential to accomplish their goal of reducing Democratic turnout more than Republican turnout. In closely divided states like Arizona, Florida or Georgia — or in a swing congressional district — even a small effect could determine an election.But recent Republican efforts to hold down Democratic turnout stretch back to the Obama presidency, and so far they seem to have failed. “The Republican intent behind restrictive election laws may be nefarious, but the impact to date has been negligible,” Bill Scher wrote in RealClearPolitics on Monday. The restrictions evidently have not been big enough to keep people from voting, thanks in part to Democratic get-out-the-vote efforts.The Republicans’ latest restrictions — and the ones that may follow, as in Texas — are more significant, however, and that creates uncertainty about their effect.“Our democracy works best when we believe that everybody should have free, fair and accessible elections,” Myrna Pérez, a longtime elections expert, told us (before Biden nominated her to a federal judgeship). “And while it may turn out that their self-interested anti-voter efforts may backfire, make no mistake: Our democracy is worse just because they tried.”The Supreme Court has taken a different view. Its Republican-appointed majority has repeatedly ruled that states have the right to restrict voting access. More

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    How G.O.P. Laws in Montana Could Complicate Voting for Native Americans

    STARR SCHOOL, Mont. — One week before the 2020 election, Laura Roundine had emergency open-heart surgery. She returned to her home on the Blackfeet Indian Reservation with blunt instructions: Don’t go anywhere while you recover, because if you get Covid-19, you’ll probably die.That meant Ms. Roundine, 59, couldn’t vote in person as planned. Neither could her husband, lest he risk bringing the virus home. It wasn’t safe to go to the post office to vote by mail, and there is no home delivery here in Starr School — or on much of the reservation in northwestern Montana.The couple’s saving grace was Renee LaPlant, a Blackfeet community organizer for the Native American advocacy group Western Native Voice, who ensured that their votes would count by shuttling applications and ballots back and forth between their home and a satellite election office in Browning, one of two on the roughly 2,300-square-mile reservation.But under H.B. 530, a law passed this spring by the Republican-controlled State Legislature, that would not have been allowed. Western Native Voice pays its organizers, and paid ballot collection is now banned.“It’s taking their rights from them, and they still have the right to vote,” Ms. Roundine said of fellow Blackfeet voters who can’t leave their homes. “I wouldn’t have wanted that to be taken from me.”The ballot collection law is part of a nationwide push by Republican state legislators to rewrite election rules, and is similar to an Arizona law that the Supreme Court upheld on Thursday. In Montana — where Gov. Greg Gianforte, a Republican, was elected in November to replace Steve Bullock, a Democrat who had held veto power for eight years — the effects of that and a separate law eliminating same-day voter registration are likely to fall heavily on Native Americans, who make up about 7 percent of the state’s population.Laura Roundine at home in Starr School, Mont., on the Blackfeet Indian Reservation. She and her husband were two of the last beneficiaries of Western Native Voice’s get-out-the-vote program last year.Tailyr Irvine for The New York TimesIt has been less than a century since Native Americans in the United States gained the right to vote by law, and they never attained the ability to do so easily in practice. New restrictions — ballot collection bans, earlier registration deadlines, stricter voter ID laws and more — are likely to make it harder, and the starkest consequences may be seen in places like Montana: sprawling, sparsely populated Western and Great Plains states where Native Americans have a history of playing decisive roles in close elections.In 2018, Senator Jon Tester, a Democrat, won seven of eight Montana counties containing the headquarters of a federally recognized tribe and received 50.3 percent of the vote statewide, a result without which his party would not currently control the Senate. (One of the eight tribes wasn’t federally recognized at the time but is now.) In 2016, Mr. Bullock carried the same counties and won with 50.2 percent. Both times, Glacier County, which contains the bulk of the Blackfeet reservation, was the most Democratic in the state.In recent years, Republicans in several states have passed laws imposing requirements that Native Americans are disproportionately unlikely to meet or targeting voting methods they are disproportionately likely to use, such as ballot collection, which is common in communities where transportation and other infrastructure are limited. They say ballot collection can enable election fraud or allow advocacy groups to influence votes, though there is no evidence of widespread fraud.On the floor of the Montana House in April, in response to criticism of H.B. 530’s effects on Native Americans who rely on paid ballot collection, the bill’s primary sponsor, State Representative Wendy McKamey, said, “There are going to be habits that are going to have to change because we need to keep our security at the utmost.” She argued that the bill would keep voting as “uninfluenced by monies as possible.”Ms. McKamey did not respond to requests for comment for this article.Geography, poverty and politics all create obstacles for Native Americans. The Blackfeet reservation is roughly the size of Delaware but had only two election offices and four ballot drop-off locations last year, one of which was listed as open for just 14 hours over two days. Many other reservations in Montana have no polling places, meaning residents must go to the county seat to vote, and many don’t have cars or can’t afford to take time off.Renee LaPlant, a Blackfeet community organizer for Western Native Voice, said she couldn’t begin to estimate how many miles she had driven to help people return their ballots.Tailyr Irvine for The New York TimesBrowning, Mont., in June. Glacier County has a satellite election office in Browning, the county’s only office on the 2,285-square-mile reservation.Tailyr Irvine for The New York TimesAdvocacy groups like Western Native Voice have become central to get-out-the-vote efforts, to the point that the Blackfeet government’s website directs voters who need help not to a tribal office but to W.N.V.Ms. LaPlant, who was one of about a dozen Western Native Voice organizers on the Blackfeet reservation last year, said she couldn’t begin to estimate how far they had collectively driven. One organizer alone logged 700 miles.One of the voters the team helped was Heidi Bull Calf, whose 19-year-old son has a congenital heart defect. Knowing the danger he would be in if he got Covid-19, she and her family barely left their home in Browning for a year.Asked whether there was any way she could have returned her ballot on her own without putting her son’s health at risk, Ms. Bull Calf, the director of after-school programs at an elementary school, said no.Members of Western Native Voice at a three-day community organizing training in Bozeman, Mont., in early June. Tailyr Irvine for The New York TimesThe ballot collection law says that “for the purposes of enhancing election security, a person may not provide or offer to provide, and a person may not accept, a pecuniary benefit in exchange for distributing, ordering, requesting, collecting or delivering ballots.” Government entities, election administrators, mail carriers and a few others are exempt, but advocacy groups aren’t. Violators will be fined $100 per ballot.In May, the American Civil Liberties Union and the Native American Rights Fund sued the Montana secretary of state, Christi Jacobsen, a Republican, over the new laws. The lawsuit alleges that the ballot collection limits and the elimination of same-day voter registration violate the Montana Constitution and are “part of a broader scheme” to disenfranchise Native voters. It was filed in a state district court that struck down a farther-reaching ballot collection ban as discriminatory last year.A spokesman for Ms. Jacobsen did not respond to requests for comment. In a statement shortly after the lawsuit was filed, Ms. Jacobsen said, “The voters of Montana spoke when they elected a secretary of state that promised improved election integrity with voter ID and voter registration deadlines, and we will work hard to defend those measures.”The state-level legal process may be Native Americans’ only realistic recourse now, because on Thursday, the Supreme Court upheld a ballot collection law in Arizona, signaling that federal challenges to voting restrictions based on disparate impact on voters of color were unlikely to succeed.Voting difficulties are acute not just for the Blackfeet but also for Montana’s seven other federally recognized tribes: the Crow and Northern Cheyenne, based on reservations of the same names; the Confederated Salish and Kootenai Tribes of the Flathead Reservation; the Assiniboine and Gros Ventre of the Fort Belknap Reservation; the Assiniboine and Sioux of the Fort Peck Reservation; the Chippewa Cree of Rocky Boy’s Reservation; and the Little Shell Chippewa in Great Falls.On the Crow and Northern Cheyenne Reservations, many residents have no internet. Often, the only way to register to vote is in person at election offices in Hardin and Forsyth, 60 miles or more one way from parts of the reservations..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 (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-w739ur{margin:0 auto 5px;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-w739ur{font-size:1.25rem;line-height:1.4375rem;}}.css-9s9ecg{margin-bottom:15px;}.css-16ed7iq{width:100%;display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;-webkit-box-pack:center;-webkit-justify-content:center;-ms-flex-pack:center;justify-content:center;padding:10px 0;background-color:white;}.css-pmm6ed{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;}.css-pmm6ed > :not(:first-child){margin-left:5px;}.css-5gimkt{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.8125rem;font-weight:700;-webkit-letter-spacing:0.03em;-moz-letter-spacing:0.03em;-ms-letter-spacing:0.03em;letter-spacing:0.03em;text-transform:uppercase;color:#333;}.css-5gimkt:after{content:’Collapse’;}.css-rdoyk0{-webkit-transition:all 0.5s 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 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-uf1ume{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;}.css-wxi1cx{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-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-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 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:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}This made same-day voter registration a popular option for people who could make the trip only once. But under a new law, H.B. 176, the registration deadline is noon on the day before the election.Heidi Bull Calf, of Browning, said she would not have been able to vote safely without the help of Western Native Voice.Tailyr Irvine for The New York TimesKeaton Sunchild, the political director at Western Native Voice, said that last year, hundreds of Native Americans had registered to vote after that time.Lauri Kindness, a Western Native Voice organizer on the Crow Reservation, where she was born and lives, said: “There are many barriers and hardships in our communities with basic things like transportation. From my community, the majority of our voters were able to gain access to the ballot through same-day voter registration.”State Representative Sharon Greef, the Republican who sponsored H.B. 176, said its purpose was to shorten lines and reduce the burden on county clerks and recorders by enabling them to spend Election Day focusing only on ballots, without also processing registrations. She said that if people voted early, they could still register and cast their ballot in one trip.“I tried to think of any way this could affect all voters, not only the Native Americans, and if I had felt this in any way would have disenfranchised any voter, discouraged any voter from getting to the polls, I couldn’t in good conscience have carried the bill,” Ms. Greef said. “Voting is a right that we all have, but it’s a right that we can’t take lightly, and we have to plan ahead for it.”At a community organizing training in Bozeman in early June, Western Native Voice leaders framed voting rights within the broader context of self-determination and political representation for Native Americans.With the State Legislature adjourned for the year and the lawsuit in the hands of lawyers, organizers are turning their focus to redistricting.Montana will get a second House seat as a result of the 2020 census, and Native Americans want to maximize their influence in electing members of Congress. But arguably more important are the maps that will be drawn for the State Legislature, which could give Native Americans greater power to elect the representatives who make Montana’s voting laws.Redistricting will be handled by a commission consisting of two Republicans, two Democrats and a nonpartisan presiding officer chosen by the Montana Supreme Court: Maylinn Smith, a former tribal judge and tribal law professor who is herself Native American.Ta’jin Perez, deputy director of Western Native Voice, urged the group’s organizers to map out communities with common interests in and around their reservations, down to the street level. W.N.V. would send that data to the Native American Rights Fund, which would use it to inform redistricting suggestions.“You can either define it yourself,” Mr. Perez warned, “or the folks in Helena will do it for you.”The Northern Cheyenne Reservation in June. On the Crow and Northern Cheyenne Reservations, many residents have no internet and must register to vote in person. Tailyr Irvine for The New York Times More

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    Democrats Face High New Bar in Opposing Voting Laws

    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

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    2020 Election Spurs Resignations and Retirements of Officials

    The draining work of 2020 has spurred resignations and retirements. In a recent survey, one in three officials said they felt unsafe in the jobs.WASHINGTON — In November, Roxanna Moritz won her fourth term unopposed as the chief election officer in metro Davenport, Iowa, with more votes than any other candidate on the ballot.Five months later, she quit. “I emotionally couldn’t take the stress anymore,” she said in an interview.For Ms. Moritz, a Democrat, the initial trigger was a Republican-led investigation into her decision to give hazard pay to poll workers who had braved the coronavirus pandemic last fall. But what sealed her decision was a new law enacted by the Iowa legislature in February that made voting harder — and imposed fines and criminal penalties on election officials for errors like her failure to seek approval for $9,400 in extra pay.“I could be charged with a felony. I could lose my voting rights,” she said. “So I decided to leave.”Ms. Moritz is one casualty of a year in which election officials were repeatedly threatened, scapegoated and left exhausted — all while managing a historically bitter presidential vote during a pandemic.She has company. In 14 southwestern Ohio counties, one in four directors or deputy auditors of elections has left. One in four election officials in Kansas either quit or lost re-election in November. Twenty-one directors or deputies have left or will leave election posts in Pennsylvania’s 67 counties, according to a tally by the reporting consortiums Spotlight PA and Votebeat.Some of those represent ordinary churn in a job where many appointees are nearing retirement, and others are subject to the vagaries of elections. In a survey of some 850 election officials by Reed College and the Democracy Fund in April, more than one in six said they planned to retire before the 2024 election.Others are leaving early, and more departures are in the wings. In Michigan, most of the 1,500 clerks who handle elections run for office, said Mary Clark, the president of the state Association of Municipal Clerks. “That said,” she added, “I am beginning to hear rumblings from a few appointed city clerks who are wondering if this ‘climate’ is worth the stress.”Election workers sorting ballots at the Pennsylvania Convention Center in Philadelphia last November.Kriston Jae Bethel for The New York TimesAt a gathering of Florida election officials this month, “multiple people came up to me to say, ‘I don’t know if I can keep doing this,’” said David Becker, the executive director of the nonprofit Center for Election Innovation and Research. “There are the threats, the stress, the attacks on democracy on the officers, on the staff.“We may lose a generation of professionalism and expertise in election administration,” he said. “It’s hard to measure the impact.”In interviews, some election officials said they also worried that a flood of departures in the next two years could drain elections of nonpartisan expertise at a hinge moment for American democracy — or worse, encourage partisans to fill the vacuum. They cite moves by partisans alleging that the last election was stolen in Arizona, Georgia and elsewhere to run for statewide offices that control election administration.That may be less likely at the local level, but the pain is no less acute. “We’re losing awesome election administrators who have tenure and know what they’re doing,” said Michelle Wilcox, the director of the Auglaize County Board of Elections in Wapakoneta, Ohio.The 2020 election was brutal for election officials by any measure. Beyond the added burden of a record turnout, many effectively found themselves conducting two votes — the one they had traditionally overseen at polling places, and a second mail-in vote that dwarfed that of past elections. The pandemic led to shortages of poll workers and money for masks and other protection equipment and vastly complicated voting preparations.Atop that, baseless claims of rigged voting and vote-counting by President Donald J. Trump and other Republicans elevated once-obscure auditors and clerks to public figures. And it made them targets for vilification by Trump supporters.A report issued last week by the Bipartisan Policy Center and the Brennan Center for Justice at New York University underscored the consequences: In a survey of election officials, one in three said they felt unsafe in the jobs. One in five said they were concerned about death threats.Better than three in four said the explosion of disinformation about elections had made their jobs harder. More than half said it had made them more dangerous.“The fact that one in three election workers doesn’t feel safe in their jobs is an extraordinary number and a real challenge to our democracy,” said Miles Rapoport, a senior democracy fellow at Harvard University’s Ash Center for Democratic Governance and Innovation. The center contributed to the report.Election challengers yelled as they watched workers count absentee ballots in Detroit last November. Brittany Greeson for The New York TimesIf lies and misstatements continue to fuel mistrust of elections and a hostility toward those who run them, “the entire infrastructure of how the nation governs itself becomes at risk,” he said.In Ohio, Ms. Wilcox said she and her office staff logged some 200 additional hours to conduct a November election that drew 25,940 voters — an almost 80 percent turnout.The 2020 vote, she said, was the first to include training in de-escalating standoffs with angry voters who refused to wear masks, and the first in which officials spent considerable time addressing baseless claims of fraud.“It was tough,” she said. “I was like, ‘Is this really what I want to do?’”In Butler County, Pa., Shari Brewer resigned as director of the Board of Elections in April 2020 — even before the state’s presidential primary.“I could see what was coming,” she said. “We had already budgeted for extra help and overtime, and this was the first primary in Pennsylvania where mail-in ballots were implemented” — a state law allowing no-excuse absentee balloting had passed the previous year.The workload increased, and no help arrived. So after 10 years — and still at the bottom of the county’s pay scale, she added — she threw in the towel.Indeed, the report issued last week said election officials singled out the crushing workload as a reason for leaving. Behind that, Mr. Rapoport said, is the failure of governments to address what he called an enormously underfunded election system that is a linchpin of democracy.The report called on the Justice Department to create an election threat task force to track down and prosecute those who terrorize election workers and for states to allot money to add security for officials. It recommended that federal and state governments, social media companies and internet search engines develop ways to better combat false election claims and take them offline more quickly.And it also asked states to take steps to shield election officials from political pressure and politically motivated lawsuits and investigations.Officials processing ballots in Madison, Wis., in November.Lauren Justice for The New York TimesParadoxically, Republican-controlled legislatures have moved in the opposite direction on some of those issues. Texas and Arizona have enacted laws explicitly banning private donations to support election work, embracing false claims from the right that private foundations in 2020 directed contributions to Democratic strongholds. Republicans in a dozen states have considered launching Arizona-style investigations of the 2020 vote despite warnings that they are feeding a movement of election-fraud believers.Ms. Clark, the head of the Michigan clerks’ association, said she believed that the pace of departures there would be influenced by the fate of Republican-backed legislation that would tighten voting rules and restrict election officials’ authority.And in Iowa, the Republican-controlled legislature voted this spring to shorten early-voting periods, clamp down on absentee ballot rules, sharply limit ballot drop boxes — and take aim at the county auditors who run elections. One clause eliminates much of their ability to take steps to make voting easier. Another makes it a felony to disregard election guidance from the secretary of state and levies fines of up to $10,000 for “technical infractions” of their duties.In Davenport, Ms. Moritz said, the pandemic and election-fraud drumbeat all but upended preparations for last year’s election. Tensions rose after she sparred with the Republican-run county board of supervisors over accepting donations to offset rising election costs.When poll workers were hired, she said, she checked with officials to make sure there was enough money in her $80-million-a-year budget to cover hazard pay. But the supervisors had set their pay at $12 an hour, and she failed to ask them for permission to increase it.Ms. Moritz says she made a mistake. “Nobody benefited from it but the poll workers,” she said. Two weeks after the election, when the county attorney called to tell her the pay was being investigated, she said, “I literally puked in my garbage can.”The supervisors have said their inquiry was not politically motivated, and the state auditor, a Democrat, is looking into the misstep. But in the storm of publicity that followed the supervisors’ inquiry, Ms. Moritz said, she began to receive threats. And any thought of staying on vanished after the legislature began to consider reining in auditors’ powers and penalizing them for errors like hers.“People are starting to second-guess if this is the profession they want to be in,” she said. “It was always a stressful job, and now it’s more so. And all these things coming down the pipe make it worse.”Susan C. Beachy More

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    The Supreme Court Is Putting Democracy at Risk

    In two disturbing rulings closing out the Supreme Court’s term, the court’s six-justice conservative majority, over the loud protests of its three-liberal minority, has shown itself hostile to American democracy.In one case, Brnovich v. Democratic National Committee, the court has weakened the last remaining legal tool for protecting minority voters in federal courts from a new wave of legislation seeking to suppress the vote that is emanating from Republican-controlled states. In the other, Americans for Prosperity v. Bonta, the court has laid the groundwork for lower courts to strike down campaign finance disclosure laws and laws that limit campaign contributions to federal, state and local candidates.The court is putting our democratic form of government at risk not only in these two decisions but in its overall course over the past few decades.Let’s begin with voting rights. In Brnovich, the court, in an opinion written by Justice Samuel Alito, held that two Arizona rules — one that does not count votes for any office cast by a voter in the wrong precinct and another that prevents third-party collection of absentee ballots (sometimes pejoratively referred to by Donald Trump and his allies as ballot harvesting) — do not violate Section 2 of the Voting Rights Act.Section 2 is supposed to guarantee that minority voters have the same opportunity as other voters to participate in the political process and to elect representatives of their choice. The evidence presented to the court showed that minority voters were much more likely to have their votes thrown out than white voters for out-of-precinct voting and that Native Americans — because many live on large reservations — were less likely to vote in the absence of help with ballot collection.That the conservative majority of justices on the Supreme Court found that these rules did not violate Section 2 is unsurprising. Compared to other laws making it harder to register and to vote, such as strict voter identification provisions, these were relatively tame. In fact, some voting rights lawyers were unhappy that the Democratic National Committee pushed this case aggressively; minority voters have had some success using Section 2 in the lower courts, even getting the very conservative U.S. Court of Appeals for the Fifth Circuit to strike down Texas’ voter ID law, one of the strictest in the nation. The concern was that the Supreme Court would mess up this track for protecting voting rights.And mess it up it did. The real significance of Brnovich is what the court says about how Section 2 applies to suppressive voting rules. Rather than focus on whether a law has a disparate impact on minority voters, as Justice Elena Kagan urged in her dissent, the court put a huge thumb on the scale in favor of restrictive state voting rules.Thanks to Brnovich, a state can now assert an interest in preventing fraud to justify a law without proving that fraud is actually a serious risk, but at the same time, minority voters have a high burden: They must show that the state has imposed more than the “usual burdens of voting.” Justice Alito specifically referred to voting laws in effect in 1982 as the benchmark, a period when early and absentee voting were scarce and registration was much more onerous in many states.It is hard to see what laws would be so burdensome that they would flunk the majority’s lax test. A ban on Sunday voting despite African American and other religious voters doing “souls to the polls” drives after church? New strict identification requirements for those voting by mail? More frequent voter purges? All would probably be OK under the court’s new test as long as there are still some opportunities for minority citizens to vote — somewhere, somehow.What’s worse, the court did not decide Brnovich in a vacuum but after two other significant decisions that undermined the fight against restrictive voting rules. In a 2008 decision, Crawford v. Marion County Election Board, the court again put a thumb on the scale favoring a state’s restrictive laws when it upheld Indiana’s voter identification law against an argument that it violated the equal protection clause of the 14th Amendment. And in the infamous 2013 Shelby County v. Holder case, the court killed off the part of the Voting Rights Act that required states and other jurisdictions with a history of racial discrimination in voting to get approval before they could adopt laws that could burden minority voters.We were assured back then not to worry about the loss of this preclearance provision because there was always Section 2 to fall back on. So much for that. There are now fewer and fewer tools with which to fight suppressive voting rules in the federal courts.And Justice Alito ended with a shot across the bow for Congress, should it consider amending the Voting Rights Act to provide an easier standard for minority plaintiffs to meet, such as Justice Kagan’s disparate impact test in dissent. Such a test, he wrote, would “deprive the states of their authority to establish nondiscriminatory voting rules,” potentially in violation of the Constitution.The news on the campaign finance front is almost as dire. In the Americans for Prosperity case, the court considered a law that required charities to disclose their donors in reports filed with the government of California. The state wanted the information for law enforcement purposes, to ferret out fraud by charities, and by law, the information was not supposed to be publicly released. Unfortunately, California had leaks, and some of the information was disclosed. The groups challenging the law said compelled disclosure of their donors violated their First Amendment rights. They put forth evidence that their donors faced danger of harassment if they were revealed. The court had long held that those who face such a danger can be exempt from disclosure rules.Once again, it is unsurprising that this particular conservative majority on the Supreme Court sided with these conservative charities. And had the court said only that California’s law as applied to those facing a threat of harassment was unconstitutional, it would have been no big deal. But the majority opinion, by Chief Justice John Roberts, is much more troubling. The court held the disclosure law could not be applied to anyone, even those not facing a risk of harassment. He also rejiggered the First Amendment standards to call many other laws into question.In the Americans for Prosperity case, he redefined the “exacting scrutiny” standard to judge the constitutionality of disclosure laws so that the government must show its law is “narrowly tailored” to an important government interest. This makes it more like strict scrutiny and more likely that disclosure laws will be struck down. As Justice Sonia Sotomayor wrote in her dissent, “Today’s analysis marks reporting and disclosure requirements with a bull’s-eye.”The court’s ruling calls into question a number of campaign finance disclosure laws. Perhaps even more significant, it also threatens the constitutionality of campaign contribution laws, which are judged under the “exacting scrutiny” standard, too. Lower courts can now find that such laws are not narrowly tailored to prevent corruption or its appearance or do not provide voters with valuable information — two interests the court recognized in the past to justify campaign laws. A requirement to disclose a $200 contribution? A $500 campaign contribution limit? Plaintiffs in future cases are likely to argue that laws targeting small contributions for disclosure or imposing low contribution limits are not “narrowly tailored” enough to deter corruption or give voters valuable information, even if Congress or a state or municipality found such laws necessary.And that’s a key point. As in Shelby County and in the 2010 Citizens United case, which struck down Congress’s limit on corporate campaign spending, this conservative Supreme Court in today’s rulings shows no deference to democracy-enhancing laws passed by Congress, states or local governments.Justice Kagan’s Brnovich dissent is passionate about the majority’s failure to defer to Congress’s determination that minority voters need protection. Instead, the majority showed undue deference to democracy-reducing laws passed by states and localities.If you put the Brnovich and Americans for Prosperity cases together, the court is making it easier for states to pass repressive voting laws and easier for undisclosed donors and big money to influence election outcomes.It is too much to ask for the Supreme Court to be the main protector of American democracy. But it should not be too much to ask that the court not be one of the major impediments.Richard L. Hasen (@rickhasen) is a professor of law and political science at the University of California, Irvine, and the author of “Election Meltdown: Dirty Tricks, Distrust and the Threat to American Democracy.”The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    The Rest of the World Is Worried About America

    This weekend, American skies will be aflame with fireworks celebrating our legacy of freedom and democracy, even as Republican legislature after Republican legislature constricts the franchise and national Republicans have filibustered the expansive For The People Act. It will be a strange spectacle. More