Law and Legislation

Subterms

    More stories

    • 75 Shares179 Views

      in Elections

      Florida's New Voting Rights Law Explained

      by

      Voting rights groups filed lawsuits shortly after Gov. Ron DeSantis signed legislation reducing voting access in the battleground state. Critics said the law will disproportionately affect people of color.Gov. Ron DeSantis of Florida, a Republican, signed new voting restrictions into law on Thursday, reducing voting access in one of the nation’s critical battleground states.Florida, which former President Donald J. Trump won by about three percentage points in 2020, is the latest Republican-controlled state, following Georgia, Montana and Iowa, to impose new hurdles to casting a ballot after November’s elections.Voting rights experts and Democrats say that some provisions of the new law will disproportionately affect voters of color.Here’s a guide to how the law changes voting in Florida.What are the changes in the new law?The law, Senate Bill 90, limits the use of drop boxes where voters can deposit absentee ballots, and adds more identification requirements for anyone requesting an absentee ballot. It also requires voters to request an absentee ballot for each two-year election cycle, rather than every four years, under the previous law. Additionally, it limits who can collect and drop off ballots.The law also expands a current rule that prohibits outside groups from holding signs or wearing political paraphernalia within 150 feet of a polling place or drop box, “with the intent to influence voters,” an increase from the previous 100 feet.Why are people upset?The new law weakens key parts of an extensive voting infrastructure that was built up slowly after the state’s chaotic 2000 election. In 2020, that infrastructure allowed Florida to ramp up quickly to accommodate absentee balloting and increased drop boxes during the coronavirus pandemic.Voters of color are most reliant on after-hours drop boxes, critics of the law say, as it’s often more difficult for them to both take hours off during the day and to organize transportation to polling places.Republican legislators promoting the bill offered little evidence of election fraud, and argued for limiting access despite their continued claims that the state’s 2020 election was the “gold standard” for the country.Florida has a popular tradition of voting by mail: In the 2016 and 2018 elections, nearly a third of the state’s voters cast ballots through the mail.In both years, more Republicans than Democrats voted by mail. But in 2020, more than 2.1 million Democrats cast mail ballots, compared with 1.4 million Republicans, after Mr. Trump claimed repeatedly that expanding mail-in voting would lead to fraud.Has voter fraud been a problem in Florida?Voting ran smoothly in 2020, by all accounts.“There was no problem in Florida,” said Kara Gross, the legislative director and senior policy counsel for the American Civil Liberties Union of Florida. “Everything worked as it should. The only reason they’re doing this is to make it harder to vote.”And Mr. DeSantis has praised Florida’s handling of November’s elections, saying that his state has “the strongest election integrity measures in the country.”But on the need for the new law, he said: “Florida took action this legislative session to increase transparency and strengthen the security of our elections.”.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-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;}Are other states pursuing similar restrictions?Yes. The Texas House of Representatives passed a similar measure this week after a lengthy debate. The bill will soon be taken up by the state’s Republican-controlled Senate. Other states including Arizona, Michigan and Ohio are considering their own bills.What can we expect to happen next?Voting rights groups filed lawsuits shortly after Mr. DeSantis signed the bill into law during a live broadcast on a Fox News morning program.The League of Women Voters of Florida, the Black Voters Matter Fund and the Florida Alliance for Retired Americans joined in one suit, arguing that “Senate Bill 90 does not impede all of Florida’s voters equally.”“It is crafted to and will operate to make it more difficult for certain types of voters to participate in the state’s elections, including those voters who generally wish to vote with a vote-by-mail ballot and voters who have historically had to overcome substantial hurdles to reach the ballot box, such as Florida’s senior voters, youngest voters, and minority voters.”Another suit was brought by the NAACP Legal Defense and Educational Fund, Disability Rights Florida and Common Cause, who argued that the law violates constitutional protections and the 1965 Voting Rights Act.The law took effect immediately, and will be in force for the 2022 election, when Mr. DeSantis is up for re-election. More

    • 125 Shares189 Views

      in Elections

      Florida and Texas Join the March to Restrict Voting Access

      by

      The efforts in two critical battleground states with booming populations and 70 Electoral College votes between them represent the apex of the Republican effort to roll back access to voting.Hours after Florida installed a rash of new voting restrictions, the Republican-led Legislature in Texas pressed ahead on Thursday with its own far-reaching bill that would make it one of the most difficult states in the nation in which to cast a ballot.The Texas bill would, among other restrictions, greatly empower partisan poll watchers, prohibit election officials from mailing out absentee ballot applications and impose strict punishments for those who provide assistance outside the lines of what is permissible. The State House of Representatives was scheduled to debate the measure late into the evening with the possibility that it would pass it and send it to the Senate.Gov. Greg Abbott is widely expected to sign the bill into law.Briscoe Cain, the Republican sponsor of the bill, said he had filed it “to ensure that we have an equal and uniform application of our election code and to protect people from being taken advantage of.”He was quickly challenged by Jessica González, a Democratic representative and vice chair of the House Election Committee, who argued that the bill was a solution in search of problem. She cited testimony in which the Texas secretary of state said that the 2020 election had been found to be “free, fair and secure.”Florida and Texas are critical Republican-led battleground states with booming populations and 70 Electoral College votes between them. The new measures the legislatures are putting in place represent the apex of the current Republican effort to roll back access to voting across the country following the loss of the White House amid historic turnout in the 2020 election.Earlier on Thursday, Gov. Ron DeSantis of Florida, with great fanfare, signed his state’s new voting bill, which passed last week. Held at a Palm Beach hotel with cheering supporters in the background, the ceremony showcased Mr. DeSantis’s brash style; the governor’s office barred most journalists and provided exclusive access to Fox News, a nose-thumbing gesture of contempt toward a news media he viewed as overly critical of the bill.“Right now, I have what we think is the strongest election integrity measures in the country,” Mr. DeSantis said, though he has praised Florida’s handling of last November’s elections.Ohio, another state under complete Republican control, introduced a new omnibus voting bill on Thursday that would further limit drop boxes in the state, limit ballot collection processes and reduce early in-person voting by one day, while also making improvements to access such as an online absentee ballot request portal and automatic registration at motor vehicle offices.Iowa and Georgia have already passed bills that not only impose new restrictions but grant those states’ legislatures greater control over the electoral process.Republicans have pressed forward with these bills over the protests of countless Democrats, civil rights groups, faith leaders, voting rights groups and multinational corporations, displaying an increasing no-apologies aggressiveness in rolling back access to voting.The efforts come as Republicans in Washington are seeking to oust Representative Liz Cheney from her leadership position in the House Republican caucus for her continued rejection of former President Donald J. Trump’s lies about the 2020 election, and as Republicans at a party convention in Utah booed Senator Mitt Romney for his criticism of the former president.Together, the Republican actions reflect how deeply the party has embraced the so-called Big Lie espoused by Mr. Trump through his claims that the 2020 election was stolen.Gov. Ron DeSantis of Florida after he signed a new voting bill into law during an event closed to all news outlets except Fox News.Joe Cavaretta/South Florida Sun-Sentinel, via Associated PressDemocrats, gerrymandered into statehouse minorities and having drastically underperformed expectations in recent state legislative elections, have few options for resisting the Republican efforts to make voting harder.In Georgia and Texas, progressive groups applied pressure on local businesses to speak out against the voting measures. But Republican legislators have been conditioned during the Trump era to pay less attention to their traditional benefactors in chambers of commerce and more attention to the party’s grass roots, who are aligned with the former president and adhere to his lies about the 2020 election.And in Florida, Democrats didn’t even manage to organize major local companies to weigh in on the voting law.“Elections have consequences both ways, and we are living in the consequences of the Trumpiest governor in America here in Florida,” said Sean Shaw, a former state representative who was the 2018 Democratic nominee for Florida attorney general. “The ultimate strategy is, what are we going to do in 2022? How are we going to beat the dude?”Mr. Shaw, who offered an extended laugh when first asked what his party’s strategy was for combating Florida’s new voting law, said he was planning to start a campaign this month to place referendums on the state’s 2022 ballots for constitutional amendments that would make voting easier.“We are not Mississippi or Alabama,” he said. “We are not that kind of conservative state, but we are governed by this mini-Trump person. All we can do as Democrats is let the people know what they’ve got.”Marc Elias, a Democratic lawyer, filed a lawsuit nine minutes after Mr. DeSantis had signed the legislation, saying that the new Florida law violated the First and 14th amendments to the U.S. Constitution.“It’s not true that states could not change their voting laws whenever they want,” Mr. Elias said in an interview Thursday. “You have to weigh the burden on the voter with the interest of the state.”.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-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;}Tom Perez, the former Democratic National Committee chairman, said a case could be made that the new voting laws would improperly make it harder for Black and Hispanic people to vote, and he called on the U.S. Justice Department to take the lead in the legal battle against the Republican-passed laws.“Ten years ago when I was running the Civil Rights Division, the Georgia law would never have seen the light of day,” Mr. Perez said Thursday. “The Justice Department needs to get involved, and having the imprimatur of the Justice Department sends a really important message about our values.”A protest against new voting restrictions at the Texas Capitol in Austin on Thursday.Eric Gay/Associated PressMr. Biden’s nominee to lead the Civil Rights Division, Kristen Clarke, had a Senate hearing last month but has not yet been confirmed. Mr. Biden said in March, after the Georgia law had been signed by Gov. Brian Kemp, that the Justice Department was “taking a look” at how best to protect voting rights. A White House official said that the president, in his comments, had been assuming the issue was one the department would review.Democrats argued on Thursday that the Republican crackdowns on voting in Florida and Texas had made it more urgent for the Senate to pass the For the People Act, which would radically reshape the way elections are run, make far-reaching changes to campaign finance laws and redistricting and mitigate the new state laws.“We are witnessing a concerted effort across this country to spread voter suppression,” Jena Griswald, the Colorado secretary of state, said Thursday on a call with progressive groups in which the new Florida law was condemned. “The For the People Act levels the playing field and provides clear guidance, a floor of what is expected throughout the nation.”The scene in Austin on Thursday was tense, as Republicans in the House decided to replace the language of a bill that passed the senate, known as SB 7, with the language of a House voting bill, known as HB 6. The swap removed some of the more onerous restrictions that had originally been proposed, like banning drive-through voting, banning 24-hour voting and adding limitations on voting machine allocation that could have led to a reduction of polling locations in densely populated areas.But the bill before the House included a host of new restrictions. It bans election officials from proactively mailing out absentee ballot applications or absentee ballots; sets strict new rules for assisting voters and greatly raises the punishment for running afoul of those rules; greatly empowers partisan poll watchers; and makes it much harder to remove a partisan poll watcher for bad behavior. The expansion of the authority and autonomy of partisan poll watchers has raised voter intimidation concerns among civil rights groups.In the debate Thursday evening, Mr. Cain, the sponsor of the House bill, was unable to cite a single instance of voter fraud in Texas. (The attorney general found 16 instances of minor voting fraud after 22,000 hours of investigation.)Democratic lawmakers also seized on Texas’ history of discriminatory voting legislation and likened the current bill to the some of the state’s racist electoral practices of the past.“In light of that history, can you tell me if or why you did not do a racial impact analysis on how this legislation would affect people of color?” said Rafael Anchía, a Democratic representative from Dallas County.Mr. Cain admitted that he had not consulted with the attorney general’s office or conducted a study of how the bill might affect people of color, but he defended the bill and said it would not have a discriminatory impact.Patricia Mazzei More

    • 88 Shares119 Views

      in Elections

      Constitutional Challenges Loom Over Proposed Voting Bill

      by

      The sprawling legislation, known as H.R. 1, could result in lawsuits leading to a dozen Supreme Court cases, legal experts said.WASHINGTON — If the sweeping voting rights bill that the House passed in March overcomes substantial hurdles in the Senate to become law, it would reshape American elections and represent a triumph for Democrats eager to combat the wave of election restrictions moving through Republican-controlled state legislatures.But passage of the bill, known as H.R. 1, would end a legislative fight and start a legal war that could dwarf the court challenges aimed at the Affordable Care Act over the past decade.“I have no doubt that if H.R. 1 passes, we’re going to have a dozen major Supreme Court cases on different pieces of it,” said Nicholas Stephanopoulos, a law professor at Harvard.The potential for the bill to set off a sprawling constitutional battle is largely a function of its ambitions. It would end felon disenfranchisement, require independent commissions to draw congressional districts, establish public financing for congressional candidates, order presidential candidates to disclose their tax returns, address dark money in political advertising and restructure the Federal Election Commission.The bill’s opponents say that it is, in the words of an editorial in The National Review, “a frontal assault on the Constitution” and “the most comprehensively unconstitutional bill in modern American history.”More measured critics take issue with specific provisions even as they acknowledge that the very nature of the bill — a grab bag of largely unrelated measures — would make it difficult to attack in a systematic way. In that respect, the anticipated challenges differ from those aimed at the Affordable Care Act, some of which sought to destroy the entire law.John O. McGinnis, a law professor at Northwestern University, said the bill went too far, partly because it was first proposed as an aspirational document rather than a practical one in 2019, when Republicans controlled the Senate and it had no hope of becoming law.“It seems very willing to brush past, at least in some cases, some relatively clear constitutional provisions,” he said, citing parts of the bill that require presidential candidates to disclose their tax returns and force advocacy groups to disclose their contributors.In March, 20 Republican state attorneys general said they were ready to litigate. “Should the act become law,” they wrote in a letter to congressional leaders, “we will seek legal remedies to protect the Constitution, the sovereignty of all states, our elections and the rights of our citizens.”Representative John Sarbanes, Democrat of Maryland and one of the lead authors of the package, said drafters had written it with a fusillade of Republican legal challenges in mind and were confident that it would “survive the great majority of them” in the Supreme Court.“I’m extremely comfortable that we built this to last,” Mr. Sarbanes said. “We think that the components are ones that are well girded against constitutional challenge — even by a court that we can imagine will probably start from a place of favorability to some of these challenges.”Democrats have made the bill a top legislative priority. But with Republicans united in opposition in the Senate, its path forward is rocky.Before a key committee vote this month, proponents of the overhaul are expected to introduce a slew of technical changes meant to address concerns raised by state elections administrators. But pushing it through the full chamber and to President Biden’s desk would require all 50 Senate Democrats to agree to suspend the filibuster rule and pass it on a simple party-line vote, a maneuver that at least two Democrats have so far rejected.Speaker Nancy Pelosi spoke at a news conference promoting H.R. 1 in March. Democrats have made the bill a top legislative priority.Anna Moneymaker for The New York TimesSome scholars have urged congressional Democrats to concentrate their efforts on narrower legislation, notably the John Lewis Voting Rights Advancement Act, which seeks to restore a key provision of the Voting Rights Act that the Supreme Court effectively eliminated by a 5-to-4 vote in 2013 in Shelby County v. Holder.The provision, the law’s Section 5, required states with a history of discrimination to obtain federal approval before changing voting procedures. In the Shelby County decision, the court ruled that the formula for deciding which states were covered violated the Constitution because it was based on outdated data.“Congress — if it is to divide the states — must identify those jurisdictions to be singled out on a basis that makes sense in light of current conditions,” Chief Justice John G. Roberts Jr. wrote for the majority.The John Lewis Voting Rights Advancement Act, named for the civil rights leader who served in the House for more than three decades until his death last year, responds to that invitation by updating the coverage formula. Whether the Supreme Court — which has become more conservative since 2013 — would uphold the new formula and allow Section 5 to be restored is an open question, but the Shelby County decision at least allows Congress to try.Similarly, the court’s precedents suggest that not all of the anticipated challenges to the much broader H.R. 1 would succeed.As a general matter, few doubt that Congress has broad authority to regulate congressional elections because of the elections clause of the Constitution.To be sure, the clause specifies that “the times, places and manner of holding elections for senators and representatives shall be prescribed in each state by the legislature thereof.”The clause’s next phrase, though, allows federal lawmakers to override most of the power granted to state legislatures: “But the Congress may at any time by law make or alter such regulations, except as to the places of choosing senators.”The elections clause, supplemented by other constitutional provisions, Professor Stephanopoulos wrote in an article to be published in the journal Constitutional Commentary, means that “even the bill’s most controversial elements lie within Congress’s electoral authority, and Congress could actually reach considerably further, if it were so inclined.”But he acknowledged that there was controversy over the sweep of the provision. In a majority opinion in 2013, Justice Antonin Scalia wrote in an aside that the clause “empowers Congress to regulate how federal elections are held, but not who may vote in them.” That statement was in tension with the controlling opinion in a 1970 decision that allowed Congress to lower the minimum voting age in congressional elections to 18 from 21.The Supreme Court justices last month. The court has become more conservative since 2013, when it effectively eliminated a key provision of the Voting Rights Act.Erin Schaff/The New York TimesIf the statement from Justice Scalia is followed, it would raise questions about language in H.R. 1 that seeks to restore voting rights to people with felony convictions who have completed their sentences in states that would otherwise disenfranchise them.Several scholars said the provision might be vulnerable to a legal challenge. “That’s probably the most obvious red flag,” said Franita Tolson, a law professor at the University of Southern California.The Constitution grants Congress considerably less authority over presidential elections than congressional ones, allowing it to set only the timing. But some Supreme Court opinions have said the two kinds of authority are comparable.The bill’s requirement that states create independent commissions to draw congressional districts could also lead to litigation. Such commissions were upheld by a 5-to-4 vote in 2015 in Arizona State Legislature v. Arizona Independent Redistricting Commission.Justice Ruth Bader Ginsburg, writing for the majority, said Arizona voters were entitled “to address the problem of partisan gerrymandering — the drawing of legislative district lines to subordinate adherents of one political party and entrench a rival party in power.”With changes in the makeup of the Supreme Court since then, the Arizona precedent might be vulnerable, said Travis Crum, a law professor at Washington University in St. Louis.“In litigation over the 2020 election, several justices — including Justice Brett Kavanaugh — questioned the validity of that precedent,” Professor Crum said. “Given the possibility that the court might overturn that decision in the near future, it is even more imperative that Congress step in and mandate the use of independent redistricting commissions for congressional districts.”In dissent in the Arizona case, Chief Justice Roberts wrote that the Constitution specified that only state legislatures had the power to draw congressional maps. Four years later, though, writing for the majority in rejecting a role for federal courts in addressing partisan gerrymandering, he wrote about independent commissions created by ballot measures with seeming approval and said Congress also had a role to play, citing an earlier version of H.R. 1.Representative John Lewis of Georgia outside the Supreme Court in 2013. A voting bill named for him seeks to restore enforcement of Section 5 of the Voting Rights Act, after the court effectively eliminated it.Chip Somodevilla/Getty ImagesThe provision in H.R. 1 establishing a public financing system appears to be consistent with current Supreme Court precedentsIn 2011, by a 5-to-4 vote, the court struck down a different Arizona law, which provided escalating matching funds to participating candidates based on their opponents’ spending. But Chief Justice Roberts, writing for the majority in the case, Arizona Free Enterprise Club v. Bennett, indicated that more routine public financing systems remained a valid constitutional option.“We do not today call into question the wisdom of public financing as a means of funding political candidacy,” Chief Justice Roberts wrote. “That is not our business.”Some of the disclosure requirements in H.R. 1 have drawn objections from across the ideological spectrum. The American Civil Liberties Union has said that it supports disclosures tied to “express advocacy” of a candidate’s election or defeat. The bill goes further, though, requiring disclosures in connection with policy debates that refer to candidates.That measure, two A.C.L.U. lawyers wrote in The Washington Post in March, “could directly interfere with the ability of many to engage in political speech about causes that they care about and that impact their lives by imposing new and onerous disclosure requirements on nonprofits committed to advancing those causes.”“When a group is advocating policy changes outside the mainstream,” they continued, “they need privacy protections to be able to speak freely and without fear of reprisal.”The Citizens United decision in 2010 upheld the disclosure requirements before it by an 8-to-1 vote, but a pending Supreme Court case, American for Prosperity v. Bonta, might alter the constitutional calculus.Professor McGinnis said he also questioned a provision in the bill that required leaders of organizations to say they stood by the messages in political advertisements. “This seems to me to be eating up airtime without any real justification and subjecting people to harassment,” he said.He also took issue with the bill’s requirement that presidential candidates disclose their tax returns, saying Congress cannot add qualifications to who can run for president beyond those set out in the Constitution: that candidates be natural-born citizens, residents for 14 years and at least 35 years old.A 1995 Supreme Court decision rejecting an attempt by Arkansas to impose term limits on its congressional representatives appears to support the view that lawmakers cannot alter the constitutional requirements.Even if every one of the objections to the bill discussed in this article were to prevail in court, most of the law would survive. “Part of why the attack on H.R. 1 is unlikely to be successful in the end is that the law is not a single coherent structure the way Obamacare was,” Professor Stephanopoulos said. “It’s a hundred different proposals, all packaged together.”“The Roberts court would dislike on policy grounds almost the entire law,” he added. “But I think even this court would end up upholding most — big, big swaths — of the law. It would still leave the most important election bill in American history intact even after the court took its pound of flesh.”Nicholas Fandos More

    • 113 Shares119 Views

      in Elections

      G.O.P. Seeks to Empower Poll Watchers, Raising Intimidation Worries

      by

      Republicans in several states are pushing bills to give poll watchers more autonomy. Alarmed election officials and voting rights activists say it’s a new attempt to target voters of color.HOUSTON — The red dot of a laser pointer circled downtown Houston on a map during a virtual training of poll watchers by the Harris County Republican Party. It highlighted densely populated, largely Black, Latino and Asian neighborhoods.“This is where the fraud is occurring,” a county Republican official said falsely in a leaked video of the training, which was held in March. A precinct chair in the northeastern, largely white suburbs of Houston, he said he was trying to recruit people from his area “to have the confidence and courage” to act as poll watchers in the circled areas in upcoming elections.A question at the bottom corner of the slide indicated just how many poll watchers the party wanted to mobilize: “Can we build a 10K Election Integrity Brigade?”As Republican lawmakers in major battleground states seek to make voting harder and more confusing through a web of new election laws, they are simultaneously making a concerted legislative push to grant more autonomy and access to partisan poll watchers — citizens trained by a campaign or a party and authorized by local election officials to observe the electoral process.This effort has alarmed election officials and voting rights activists alike: There is a long history of poll watchers being used to intimidate voters and harass election workers, often in ways that target Democratic-leaning communities of color and stoke fears that have the overall effect of voter suppression. During the 2020 election, President Donald J. Trump’s campaign repeatedly promoted its “army” of poll watchers as he publicly implored supporters to venture into heavily Black and Latino cities and hunt for voter fraud.Republicans have offered little evidence to justify a need for poll watchers to have expanded access and autonomy. As they have done for other election changes — including reduced early voting, stricter absentee ballot requirements and limits on drop boxes — they have grounded their reasoning in arguments that their voters want more secure elections. That desire was born in large part out of Mr. Trump’s repeated lies about last year’s presidential contest, which included complaints about insufficient poll watcher access.Now, with disputes over the rules governing voting now at a fever pitch, the rush to empower poll watchers threatens to inject further tension into elections.Both partisan and nonpartisan poll watching have been a key component of American elections for years, and Republicans and Democrats alike have routinely sent trained observers to the polls to monitor the process and report back on any worries. In recent decades, laws have often helped keep aggressive behavior at bay, preventing poll watchers from getting too close to voters or election officials, and maintaining a relatively low threshold for expelling anyone who misbehaves.But now Republican state lawmakers in 20 states have introduced at least 40 bills that would expand the powers of poll watchers, and 12 of those bills in six states are currently progressing through legislatures, according to the Brennan Center for Justice.In Texas, the Republican-controlled Legislature is advancing legislation that would allow them to photograph and video-record voters receiving assistance, as well as make it extremely difficult for election officials to order the removal of poll watchers.The video-recording measure has particularly alarmed voting rights groups, which argue that it could result in the unwanted identification of a voter in a video posted on social media, or allow isolated incidents to be used by partisan news outlets to craft a widespread narrative.“If you have a situation, for example, where people who are poll workers do not have the ability to throw out anybody at the polls who is being disruptive or anyone at the polls who is intimidating voters, that’s essentially authorizing voter intimidation,” said Jon Greenbaum, chief counsel for the nonpartisan Lawyers’ Committee for Civil Rights Under Law.Republicans have been increasingly open in recent years about their intent to line up legions of supporters to monitor the polls. Following the lead of Mr. Trump, they have often framed the observational role in militaristic tones, amplifying their arguments of its necessity with false claims of widespread fraud. Just three years ago, the courts lifted a consent decree that for more than three decades had barred the Republican National Committee from taking an active role in poll watching; in 2020, the committee jumped back into the practice.In Florida, Republicans in the State Legislature passed a new election bill on Thursday that includes a provision allowing one partisan poll watcher per candidate on the ballot during the inspection of votes. The measure carries the potential to significantly overcrowd election officials. The bill also does not stipulate any distance that poll watchers must keep from election workers.In Michigan, a G.O.P. bill would allow challengers to sit close enough to read poll books, tabulators and other election records, and would let them challenge a voter’s eligibility if they had “a good reason.”The Republican drive to empower poll watchers adds to the mounting evidence that much of the party continues to view the 2020 election through the same lens as Mr. Trump, who has repeatedly argued that his losses in key states must have been because of fraud.President Donald J. Trump on the morning after the election. His campaign promoted an “army” of poll watchers.Doug Mills/The New York Times“It seems like the No. 1 goal of these laws is to perpetuate the Big Lie,” said Dale Ho, the director of the Voting Rights Project at the A.C.L.U. “So when you get these unfounded charges that there was fraud or cheating in the election and people say, ‘Well, that’s not detected,’ the purveyors of these lies say, ‘That’s because we weren’t able to observe.’”After the election last year, complaints that poll watchers had not been given enough access, or that their accusations of improperly cast ballots had been ignored, fueled numerous lawsuits filed by the Trump campaign and its Republican allies, nearly all of which failed.In Texas, the leaked video of the Harris County Republican Party’s training, which was published by the voting rights group Common Cause, recalled a similar episode from the 2010 midterm elections.That year, a Tea Party-affiliated group in Houston known as the King Street Patriots sent poll watchers to downtown polling locations. The flood of the mostly white observers into Black neighborhoods caused friction, and resurfaced not-too-distant memories when racial intimidation at the polls was commonplace in the South.The King Street Patriots would eventually evolve into True the Vote, one of the major national organizations now seeking more voting restrictions. Last year, True the Vote joined several lawsuits alleging fraud in the election (all failed) and led countrywide drives to try to recruit more poll watchers.Access for poll watchers is considered sacred by Texas Republicans; in the Legislature, they cited the difficulty in finding observers for drive-through voting and 24-hour voting as one of their reasons for proposing to ban such balloting methods.“Both parties want to have poll watchers, need to have poll watchers present,” State Senator Bryan Hughes, a Republican who sponsored the chamber’s version of the bill, said in an interview last month. “That protects everyone.”While the antagonistic language from the Trump campaign about its poll watchers was already a flash point in November, Democrats and voting rights groups are worried that relaxed rules will lead to more reports of aggressive behavior.In 2020, there were at least 44 reports of inappropriate behavior by poll watchers in Harris County, according to county records obtained by The New York Times. At one polling site on the outskirts of Houston, Cindy Wilson, the nonpartisan election official in charge, reported two aggressive poll watchers who she said had bothered voters and repeatedly challenged the staff.“Two Poll watchers stood close to the black voters (less than 3 feet away) and engaged in what I describe as intimidating behavior,” Ms. Wilson wrote in an email to the Harris County clerk that was obtained by The Times through an open records request.Ms. Wilson said she was not sure which campaign or party the observers were representing.Of course, plenty of interactions with poll workers went smoothly. Merrilee C. Peterson, a poll watcher for a local Republican candidate, worked at a different site, the NRG Arena, and reported no tensions of note.“We still had some of the problems of not thinking we were allowed to get close enough to see,” she said. “But once the little kinks were worked out, quite frankly we worked very well with the poll workers.”In Florida, crowding was the chief concern of election officials.Testifying before state senators, Mark Earley, the vice president of the Florida Supervisors of Elections, said that “as an association, we are very concerned” about the number of poll watchers who would now be allowed to observe the process of duplicating a voter’s damaged or erroneously marked ballot. He said it presented “very grave security risks.”Mr. Earley was backed by at least one Republican, State Senator Jeff Brandes, who found the provision for poll watchers unnecessary and dangerous.“I don’t think we should have to install risers in the supervisor of elections offices or bars by which they can hang upside down in order to ensure that there is a transparent process,” Mr. Brandes said.A crowd that included many Michigan Republicans banged on the windows as workers counted absentee ballots in Detroit on Nov. 4. Brittany Greeson for The New York TimesBut perhaps no other state had a conflict involving poll watchers erupt onto cable news as Michigan did. On Election Day and the day after in November, Republican poll watchers grew increasingly obstructive at the TCF Center in Detroit, where absentee ballots were counted as it became clear that Mr. Trump was losing in the state.It began with a huddle of Republican observers around midday on Nov. 4, according to affidavits from Democratic poll watchers, nonpartisan observers and election officials.Soon after, the Republicans “began to fan out around the room,” wrote Dan McKernan, an election worker.Then they ramped up their objections, accusing workers of entering incorrect birth years or backdating ballots. In some cases, the poll watchers lodged blanket claims of wrongdoing.“The behavior in the room changed dramatically in the afternoon: The rage in the room from Republican challengers was nothing like I had ever experienced in my life,” wrote Anjanette Davenport Hatter, another election worker.Mr. McKernan wrote: “Republicans were challenging everything at the two tables I could see. When the ballot envelope was opened, they would say they couldn’t see it clearly. When the next envelope was opened, they made the same complaint. They were objecting to every single step down the line for no good reason.”The chaos provided some of the basis for Michigan officials to debate whether to certify the results, but a state board did so that month.Now, the Republican-controlled Legislature in Michigan is proposing to bar nonpartisan observers from acting as poll watchers, allowing only partisan challengers to do so.While widespread reports of intimidation never materialized last year, voting rights groups say the atmosphere after the election represents a dangerous shift in American elections.“It really hasn’t been like this for decades, generally speaking, even though there’s a long and storied history of it,” said Michael Waldman, a legal expert at the Brennan Center. Aggressive partisan poll watchers, he said, were “a longstanding barrier to voting in the United States, and it was also largely solved. And this risks bringing it back.” More

    • 125 Shares169 Views

      in Elections

      With Florida Bill, Republicans Continue Unrelenting Push to Restrict Voting

      by

      Republican lawmakers are marching ahead to overhaul voting systems in states where they control the government, frustrating Democrats and even some G.O.P. election officials. Next up: Texas.The pleas from Florida election officials were direct and dire: Passing the state’s new voting bill would be a “grave security risk,” “unnecessary” and a “travesty.”The restrictions imposed by the new law, they warned, would make it harder to vote and hurt confidence in the balloting process.But their objections were brushed aside on Thursday night as the Legislature gave final passage to a bill that would limit voting by mail, curtail the use of drop boxes and prohibit actions to help people waiting in line to vote, among other restrictions, while imposing penalties on those who do not follow the rules. It was perhaps the clearest sign yet that Republicans are determined to march forward across state capitols to establish new restrictions on voting.The Republican effort puts added pressure on Democrats in Congress to find a way to pass federal voting laws, including a sweeping overhaul known as the For the People Act. But in Washington, just as in state capitols across the country, Republicans have remained united and steadfast against the Democratic efforts.Georgia Republicans in March enacted far-reaching new voting laws that limit ballot drop-boxes and forbid the distribution of food and water to voters waiting in line. Iowa has also imposed new limits, including reducing the period for early voting and in-person voting hours on Election Day.Next up is Texas, where Republicans in the legislature are trampling protestations from corporate titans like Dell Technologies and American Airlines and moving on a vast election bill that would be among the most severe in the nation. It would impose new restrictions on early voting, ban drive-through voting, threaten election officials with harsher penalties and greatly empower partisan poll watchers. The main bill passed a key committee in a late-night session on Thursday, and could head to a full floor vote in the House as early as next week.Bills to restrict voting have also been moving through Republican-led legislatures in Arizona and Michigan.Throughout the process, Republican legislators have been largely unmoved by opposition to new voting laws by Fortune 500 companies, major American sports leagues, Black faith leaders and elections administrators. Nor has the lack of popular support for many of the bills deterred them. Even as some of the more strident initial proposals have been watered down, there has rarely been a pause, even for a moment, in the drive to pass new legislation on voting.“I don’t think anybody was concerned about it,” Joe Gruters, a Florida state senator and the chairman of the Republican Party of Florida, said of outside criticism.Tightening his state’s election laws, Mr. Gruters has said, is a top priority not just of Republican lawmakers but also of the party’s base. Though he characterized Florida’s election system as a national “gold standard” and said he wasn’t aware of any fraud in the 2020 election, Mr. Gruters said in a phone interview on Friday that his state’s voting could always be improved.“It’s just like when the Tampa Bay Bucs won the Super Bowl — they’re still making improvements and signing new players,” he said.Joe Gruters, a Florida state senator and the chairman of the Republican Party of Florida, said tightening voting laws was a top priority for lawmakers and the party’s base.Wilfredo Lee/Associated PressA representative for Gov. Ron DeSantis said on Friday that he “is supportive” of the Florida bill, and he is widely expected to sign it. But state election officials were still protesting the measure on Friday morning, barely 12 hours after it had passed.The group representing Florida election supervisors issued a statement lamenting the new limits on voting by mail, saying the changes would make it “harder” to cast a mail ballot. “After days of debate, our hope is that the initial and unnecessary call for election reform will not detract from the confidence that was well-earned in 2020,” Craig Latimer, the head of the group, said in the statement.The unrelenting push by Republicans to roll back voting access has left Democrats exasperated. In an emotional floor speech before the final vote in Florida on Thursday night, State Representative Angela Nixon of Tampa both pleaded with her colleagues to vote against the bill and chastised those supporting it.“It’s very frustrating, and it’s super hard to be in this chamber, and to be cool with people and cordial with people who are making policies that are detrimental to our communities,” said Ms. Nixon, her voice shaking at times.The fixation on voting laws reflects how central the issue has become to the Republican Party, driven by a base that still adheres to former President Donald J. Trump’s false claims that the 2020 election was stolen from him. Pledges to ensure voting integrity have become common in political ads and stump speeches, and opposition to the federal voting rights bills in Congress is universal among Republican members.A number of Republicans running for office in 2022 have begun campaigns with messaging that pushes the false narrative that the nation’s voting systems are flawed. They include Representative Ted Budd of North Carolina, who on Wednesday announced a Senate bid with a three-minute video in which he called for fair and secure elections, adopting Republicans’ rationale for revamping the voting laws.In a political era in which partisan primaries are often the only challenge a candidate faces, the party’s base has become a chief driver of legislative action. A CNN poll released on Friday found that while 97 percent of Democrats believed President Biden “legitimately won enough votes to win the presidency,” 70 percent of Republicans surveyed said he did not.And polling from Quinnipiac University in April found that a vast majority of Republicans — 78 percent — were opposed to expanding vote by mail, and 84 percent believed that voter fraud was a greater threat than voter suppression. (Numerous audits, court cases and reports have found no significant fraud in the 2020 election.)Republicans have been largely dismissive of the business community’s objections to new voting restrictions, part of a longer-running split between the parties and local chambers of commerce that began when corporations vocally opposed laws enacted by Republican-run states in the 2010s that sought to protect businesses from having to recognize same-sex marriage.An array of corporations also denounced the Jan. 6 attack on the Capitol and said they would not donate to Republican members of Congress who voted to overturn the election results. That threat didn’t sway most lawmakers from their fealty to Mr. Trump, and in the weeks since the attack, some companies have pulled back from that pledge.Indeed, some Republicans have turned public opposition from major businesses and outside entities into a political weapon; rather than seek to appease businesses, lawmakers have instead taunted them, castigating corporate activism and daring businesses to act.“Major League Baseball caved to fear and lies from liberal activists,” Gov. Brian Kemp of Georgia announced the day after the decision by Major League Baseball to move its All-Star Game from Atlanta. Free and fair elections, he said, “are worth the threats.” He added, “They are worth the boycotts, as well as the lawsuits. I want to be clear: I will not be backing down from this fight.’’Gov. Brian Kemp of Georgia said he would continue to defend the state’s new voting restrictions after Major League Baseball moved its All-Star Game from Atlanta this year.Brynn Anderson/Associated PressLt. Gov. Dan Patrick of Texas was just as firm. “Texans are fed up with corporations that don’t share our values trying to dictate public policy,” he said after American Airlines released a statement denouncing one of the voting bills in the state. “The majority of Texans support maintaining the integrity of our elections, which is why I made it a priority this legislative session.”Republicans not in thrall to Mr. Trump see the standoff with businesses as an ominous sign. “We say the party has gone full Trump, but what we mean is the party has gone full populist and nationalist,” said Michael Wood, an anti-Trump Republican running in Saturday’s 23-candidate special election to Congress in the Dallas suburbs. “We’ve turned away from our roots as a pro-business party, a pro-small business party, and that, if we don’t correct course, is going to be really bad for America.”Yet Republicans are also seizing on a potential political opportunity. The aftermath of the 2020 election, and Mr. Trump’s insistence that the vote was rigged, provided the party with the first major public support from its partisans to pursue new voting legislation, after the Supreme Court hollowed out the Voting Rights Act in 2013.Indeed, many of the laws being proposed and passed by Republicans would most likely have been challenged by the Justice Department under what was known as the preclearance provision in Section 5 of the act.“We saw something like this in 2010 after Obama got elected,” said Myrna Pérez, the director of the Voting Rights and Elections Program at the Brennan Center for Justice. “But we had more of a pushback and were able to block or blunt many of those laws. Now there’s not the kind of guardrails that we had in the past, and voters are suffering because of it.”Michael Wood, left, a Republican congressional candidate in Texas, criticized his party for going “full populist and nationalist.”LM Otero/Associated PressMr. Wood, the Texas Republican running in Saturday’s special election, worries that this could drive away supporters.“It’s keeping Republicans from talking honestly to themselves about why we’re getting a smaller and smaller share of the vote in Texas,” he said. “We can either have that conversation, or keep screaming about quote unquote ‘election integrity’ and watch the state become progressively more Democratic.”That debate could well be decided soon when the Texas Legislature takes up its own voting bill.Patricia Mazzei contributed reporting. More

    • 100 Shares99 Views

      in Elections

      Florida Voting Rights: Republican Bill Adds New Limits

      by

      The bill, which Gov. Ron DeSantis is expected to sign, is the latest Republican effort to restrict voting after the 2020 election. It will make Florida the first major swing state won by Donald Trump to pass such a law.MIAMI — Republicans in the Florida Legislature passed an election overhaul bill on Thursday that is set to usher in a host of voting restrictions in one of the most critical battleground states in the country, adding to the national push by G.O.P. state lawmakers to reduce voting access.The bill makes Florida the first major swing state won by former President Donald J. Trump to pass significant voting limits and reflects Republicans’ determination to reshape electoral systems even in states where they have been ascendant. Mr. Trump carried the state last year by more than three percentage points, other Republicans also performed strongly, and the party raised new hopes of its ability to appeal to Latino voters.But Republicans in Florida argued that its elections needed to be more secure, despite the fact that voting unfolded smoothly in 2020 and arguments by Democrats and voting rights experts that some of the new measures would disproportionately affect voters of color. Now the state is on the verge of weakening key parts of an extensive voting infrastructure that was slowly constructed after the state’s chaotic 2000 election and was rapidly enlarged last year because of the coronavirus pandemic.The new bill would limit the use of drop boxes; add more identification requirements for those requesting absentee ballots; require voters to request an absentee ballot for each election, rather than receive them automatically through an absentee voting list; limit who could collect and drop off ballots; and further empower partisan observers during the ballot-counting process. The legislation would also expand a current rule that prohibits outside groups from providing items “with the intent to influence” voters within a 150-foot radius of a polling location.Gov. Ron DeSantis, a Republican, has indicated his support for the voting overhaul and is expected to sign it. The bill passed largely along a party-line vote in both chambers, 77 to 40 in the House and 23 to 17 in the Senate, though one Republican state senator, Jeff Brandes of St. Petersburg, voted against it.The legislation follows a similar law passed recently by Georgia, and comes as Texas, Arizona and other states led by Republicans pursue limits on access to the ballot. G.O.P. lawmakers have been fueled by a party base that has largely embraced Mr. Trump’s false claims of widespread voter fraud and a stolen 2020 election. In Florida, Republican legislators promoted the voting bill while providing little evidence of any problems with fraud, and despite their continued claims that the state’s 2020 election was the “gold standard” for the country.“There was no problem in Florida,” said Kara Gross, the legislative director and senior policy counsel for the American Civil Liberties Union of Florida. “Everything worked as it should. The only reason they’re doing this is to make it harder to vote.”Once the bill is signed into law, Florida will become the first state to create new barriers to voting after businesses across the country embarked on a public pressure campaign to oppose such measures. Major corporations, after speaking out against voting bills in states like Georgia and Texas, remained largely muted on the Republican push in Florida.Hovering over Florida’s debate about the bill was the state’s strong and exceptionally popular tradition of voting by mail — and a recent sea change in which party benefited most from it.In the 2016 and 2018 elections, roughly a third of the state’s voters cast ballots through the mail. And in both years, more Republicans than Democrats voted by mail.But in 2020, more than 2.1 million Democrats cast mail ballots, compared with roughly 1.4 million Republicans, largely because of a Democratic push to vote remotely amid the pandemic and Mr. Trump’s false attacks on the practice. (The former president and his family, however, voted by mail in Florida in the June 2020 primary.)Florida has a popular tradition of voting by mail, a method that favored Republicans until 2020, when Democrats encouraged the practice during the pandemic.Scott McIntyre for The New York TimesGiven that history in Florida, its bill will act as a unique test of the national Republican push to curtail voting access, especially absentee and mail voting. And the G.O.P. effort carries risks: Was the Democratic surge in mail balloting a sign of a new normal for the previously Republican-dominated voting method, or a blip caused by the extraordinary circumstances of the pandemic?The legislation has already become something of a political balancing act, as state Republicans try to appease a Trump-friendly base hungry for new voting limits while not harming the party’s turnout. In 2022, the state is poised to yet again become a marquee political battleground as Senator Marco Rubio, a Republican, and Mr. DeSantis seek re-election.Democrats in the Legislature seized on Republicans’ justification for the bill.“So what’s the problem that we’re trying to fix?” Carlos Guillermo Smith, a Democratic representative from Orlando, asked rhetorically. “Oh, here’s the problem: Florida Democrats cast 600,000 more vote-by-mail ballots.”But Republicans defended the bill, saying that it was popular with “our constituents” and noting that voting options in Florida were still far more extensive than in other states. Florida will still have no-excuse absentee voting and will mandate at least eight days of early voting.“If the opposition says that we are creating barriers to voting, those barriers already exist in other states,” said Blaise Ingoglia, a Republican state representative from Hernando County who helped lead the push for the bill. “But we never hear a peep from the opposition about those laws.”Other Republican legislators echoed language used by Mr. Trump and his allies during their challenges to the 2020 election.“I believe that every legal vote should count,” said Travis Hutson, a Republican senator from Northeast Florida. “I believe one fraudulent vote is one too many. And I’m trying to protect the sanctity of our elections.”Data requested by lawmakers themselves suggested there was little need for the legislation. The Republican-led House Public Integrity and Elections Committee surveyed the state’s 67 election supervisors in February, asking them about past elections. Almost all of the supervisors responded and said that, over the past four years, they had reported very few instances of possible fraud — one of lawmakers’ stated reasons for pushing the legislation — and that most of their drop boxes were already monitored, through either physical or video surveillance, public records show.“It seems like the Legislature is ignoring — I would say deliberately ignoring — the facts that they have in their possession,” said Stephen F. Rosenthal of Miami, who is part of a group of Democratic lawyers that requested the records. The group also queried elected state prosecutors about voter fraud, finding a minuscule number of prosecuted cases.The supervisors’ answers to the House committee also revealed that election supervisors had received millions of dollars in grant funding from outside organizations in 2019 and 2020. That money will now be prohibited, with no obvious substitute for it in the future.Republicans, when pressed for details on any reported fraud that would prompt the need for the bill, often demurred.“I don’t know, but I’m sure it was going on,” Mr. Ingoglia responded to a question on the House floor about any reported instances of illegal ballot collection. “Just the fact that they weren’t caught doesn’t necessarily mean that it’s not happening.”The bill was not without criticism from notable Republicans inside and outside the Legislature. D. Alan Hays, a conservative Republican who had previously served in the State Senate for 12 years and is now the election supervisor in Lake County, told his former colleagues at a legislative hearing last month that their bill was a “travesty.”Gov. Ron DeSantis, who is expected to sign the bill into law, will face re-election in 2022.Erin Schaff/The New York TimesThe new bill is likely to face legal challenges from Democrats; hours after Gov. Brian Kemp signed Georgia’s voting bill into law, a coalition of Democrats and civil rights groups filed a federal lawsuit challenging its legality.Democrats in the Florida Legislature focused heavily on the bill’s potential impact on communities of color.“Typically, in communities of color, households are very diverse,” said State Representative Bobby DuBose, the minority leader, taking issue with the restriction that says a person could collect only two absentee ballots from other voters to bring and drop off at a polling location. “And so, if the intent was to add two — and in many households, there are more than two — why the number two and why not expand beyond two if your intent was to open up the accessibility to voting?”Mr. Ingoglia said he believed allowing two ballots per person was sufficient, but Democrats disagreed, likening the rule to racially discriminatory laws of the past. Over and over, they framed the bill as a solution in search of a problem.One Democratic representative, Fentrice Driskell of Tampa, framed the debate as similar to the hunt for the chupacabra, the mythical, nightmarish mammal-gobbling and goat-blood-sucking beast.“Members, I’ve got no evidence for you on the chupacabra, and I got no evidence for you about ballot harvesting,” Ms. Driskell said. “But what I can tell you is this: that our system worked well in 2020, by all accounts, and everyone agreed. And that for so many reasons, we don’t need this bad bill.” More

    • 113 Shares129 Views

      in Elections

      Texas Republicans Targeting Voting Access Find Their Bull’s-Eye: Cities

      by

      In Houston, election officials found creative ways to help a struggling and diverse work force vote in a pandemic. Record turnout resulted. Now the G.O.P. is targeting those very measures.HOUSTON — Voting in the 2020 election presented Zoe Douglas with a difficult choice: As a therapist meeting with patients over Zoom late into the evening, she just wasn’t able to wrap up before polls closed during early voting.Then Harris County introduced 24-hour voting for a single day. At 11 p.m. on the Thursday before the election, Ms. Douglas joined fast-food workers, nurses, construction workers, night owls and other late-shift workers at NRG Arena, one of eight 24-hour voting sites in the county, where more than 10,000 people cast their ballots in a single night.“I can distinctly remember people still in their uniforms — you could tell they just got off of work, or maybe they’re going to work; a very diverse mix,” said Ms. Douglas, 27, a Houston native.Twenty-four-hour voting was one of a host of options Harris County introduced to help residents cast ballots, along with drive-through voting and proactively mailing out ballot applications. The new alternatives, tailored to a diverse work force struggling amid a pandemic in Texas’ largest county, helped increase turnout by nearly 10 percent compared with 2016; nearly 70 percent of registered voters cast ballots, and a task force found that there was no evidence of any fraud.A voter in a car used a drive-through voting station at NRG Arena in Houston to cast a ballot in the presidential election.Go Nakamura for The New York TimesYet Republicans are pushing measures through the State Legislature that would take aim at the very process that produced such a large turnout. Two omnibus bills, including one that the House is likely to take up in the coming week, are seeking to roll back virtually every expansion the county put in place for 2020.The bills would make Texas one of the hardest states in the country to cast a ballot in. And they are a prime example of a Republican-led effort to roll back voting access in Democrat-rich cities and populous regions like Atlanta and Arizona’s Maricopa County, while having far less of an impact on voting in rural areas that tend to lean Republican.Bills in several states are, in effect, creating a two-pronged approach to urban and rural areas that raises questions about the disparate treatment of cities and the large number of voters of color who live in them and is helping fuel opposition from corporations that are based in or have work forces in those places.In Texas, Republicans have taken the rare tack of outlining restrictions that would apply only to counties with population of more than one million, targeting the booming and increasingly diverse metropolitan areas of Houston, Austin, San Antonio and Dallas. The Republican focus on diverse urban areas, voting activists say, evokes the state’s history of racially discriminatory voting laws — including poll taxes and “white primary” laws during the Jim Crow era — that essentially excluded Black voters from the electoral process.Most of Harris County’s early voters were white, according to a study by the Texas Civil Rights Project, a nonprofit group. But the majority of those who used drive-through or 24-hour voting — the early voting methods the Republican bills would prohibit — were people of color, the group found. “It’s clear they are trying to make it harder for people to vote who face everyday circumstances, especially things like poverty and other situations,” said Chris Hollins, a Democrat and the former interim clerk of Harris County, who oversaw and implemented many of the policies during the November election. “With 24-hour voting, there wasn’t even claims or a legal challenge during the election.”The effort to further restrict voting in Texas is taking place against the backdrop of an increasingly tense showdown between legislators and Texas-based corporations, with Republicans in the House proposing financial retribution for companies that have spoken out.American Airlines and Dell Technologies both voiced strong opposition to the bill, and AT&T issued a statement supporting “voting laws that make it easier for more Americans to vote,” though it did not specifically mention Texas.American Airlines also dispatched Jack McCain, the son of former Senator John McCain, to lobby Republicans in Austin to roll back some of the more stringent restrictions.Republicans in the State Legislature appear unbowed. In amendments filed to the state budget this week, House Republicans proposed that “an entity that publicly threatened any adverse reaction” related to “election integrity” would not be eligible for some state funds.While those amendments will need to be voted on, and may not even rise to the floor for a vote, placing them on the record is seen by lobbyists and operatives in Austin as a thinly veiled warning to businesses to stay quiet on the voting bills.The Perryman Group, an economic research and analysis firm based in Waco, said in a recent study that implementing controversial voting measures could lead to conferences or events being pulled from the state, and prompt businesses or workers to shun it. The group estimated that restrictive new laws would lead to a huge decrease in business activity in the state by 2025 and cost tens of thousands of jobs. Among the restrictions in two omnibus bills in the Texas Legislature are a ban on 24-hour voting, a ban on drive-through voting and harsh criminal penalties for local election officials who provide assistance to voters. There are also new limits on voting machine distribution that could lead to a reduction in numbers of precincts and a ban on encouraging absentee voting.The bills also include a measure that would make it much more difficult to remove a poll watcher for improper conduct. Partisan poll watchers, who are trained and authorized to observe the election on behalf of a candidate or party, have occasionally crossed the line into voter intimidation or other types of misbehavior; Harris County elections officials said they had received several complaints about Republican poll watchers last year.Mr. Hollins, the former Harris County clerk, said Republicans recognized that “Black and brown and poor and young people’’ use the flexible voting options more than others. “They’re scared of that,” he said.While Republican-controlled legislatures in Georgia and Arizona are passing new voting laws after Democratic victories in November, Texas is pushing new restrictions despite having backed former President Donald J. Trump by more than 600,000 votes. The effort reflects the dual realities confronting Republicans in the State Legislature: a base eager for changes to voting following Mr. Trump’s 2020 loss and a booming population that is growing more diverse. Bryan Hughes sponsored the bill in the State Senate that seeks to add voting restrictions.Jay Janner/Austin American-Statesman, via Associated PressSenator Bryan Hughes, a Republican from northeastern Texas who sponsored the State Senate bill, defended it as part of a long effort to strengthen “election security” in Texas.“I realize there’s a big national debate now, and maybe we’re getting sucked into that, but this is not something new to Texas,” Mr. Hughes said in an interview. He said that lawmakers were seeking to roll back mail voting access because that process was more prone to fraud. He offered no proof, and numerous studies have shown that voter fraud in the United States is exceptionally rare.Mr. Hughes said that the proposed ban on drive-through voting stemmed from the difficulty of getting access for partisan poll watchers at the locations and that 24-hour voting was problematic because it was difficult to find poll watchers for overnight shifts.But many voters in Harris County, whose population of 4.7 million ranks third in the country and is bigger than 25 states’, see a different motive.Kristie Osi-Shackelford, a costume designer from Houston who was working temporary jobs during the pandemic to help support her family, used 24-hour voting because it offered her the flexibility she needed as she juggled work and raising her three children. She said that it had taken her less than 10 minutes.“I’m sure there are people who may not have gotten to vote in the last couple of elections, but they had the opportunity at night, and it’s kind of sad that the powers that be feel like that has to be taken away in order to, quote unquote, protect election integrity,” Ms. Osi-Shackelford said. “And I struggled to find words, because it’s so irritating, and I’m tired. I’m tired of hearing the same stuff and seeing the same stuff so blatantly over and over again for years.”Brittany Hyman, 35, was eight months pregnant as Election Day was drawing near and was also raising a 4-year-old. Fearful of Covid-19 but also of the sheer logistics of navigating a line at the polls, Ms. Hyman voted at one of the drive-through locations.“Being able to drive-through vote was a savior for me,” Ms. Hyman said. She added that because she had been pregnant, she probably wouldn’t have risked waiting in a long line to vote.Brittany Hyman, who was pregnant as Election Day approached, used drive-through voting.Mark Felix for The New York TimesHarris County’s drive-through voting, which more than 127,000 voters took advantage of in the general election, drew immediate attention from state Republicans, who sued Mr. Hollins and the county in an attempt to ban the practice and discard any votes cast in the drive-through process. The Texas Supreme Court ruled against the Republicans in late October.Other provisions in the G.O.P. bill, while not aimed as directly at Harris County, will most likely still have the biggest impact in the state’s biggest county. One proposal, which calls for a uniform number of voting machines to be deployed in each precinct, could hamper the ability to deploy extra machines in densely populated areas.This month, in a further escalation of public pressure on legislators, Mayor Sylvester Turner of Houston, a Democrat, gathered more than a dozen speakers, including business executives, civil rights activists and former athletes, for a 90-minute news conference denouncing the bill.“What is happening here in Texas is a warning shot to the rest of the country,” said Lina Hidalgo, the Harris County judge and a Democrat who has pushed for continued expansion of voting access in the county. “First Georgia, then Texas, then it’s more and more states, and soon enough we will have taken the largest step back since Jim Crow. And it’s on all of us to stop that.” More

    • 113 Shares189 Views

      in Elections

      As Republicans Push Voting Laws, They Disagree on Strategy

      by

      Trump-friendly state lawmakers trying to enact new voting laws are facing pockets of opposition from fellow Republicans who argue that some measures go too far or would hurt the party’s own voters.John Kavanagh, a Republican state representative in Arizona, recently ran through a list of what he called “bad election bills that were introduced by Republicans.”One would have allowed the Legislature to overturn the results of a presidential election even after they had been certified. Another would have required that early ballots be dropped off only at drop boxes that are attended. A third would have repealed the state’s hugely popular permanent early voting list, which allows voters to receive a ballot in the mail for every election.All three measures were also stopped by Republicans in Arizona, even as the party pushes other bills that would enact tighter regulations on early voting in the state — just a few months after President Biden became the first Democratic presidential candidate since 1996 to carry the Southwestern battleground.This G.O.P. resistance to certain voting legislation reflects an awkward and delicate dance within the party: As state lawmakers loyal to former President Donald J. Trump try to please him and his supporters by enacting new voting limits across the country, they are facing pockets of opposition from other Republicans who argue that some of the bills go too far or would hurt their own voters.These Republicans see themselves as moderating forces on bad bills. And they are instead proposing less stringent measures that they say will improve the efficiency and security of early voting now that so many more people are using it because of changes brought about by the coronavirus pandemic. They acknowledge, however, that their timing is bad. Pushing for any bill that includes new requirements for voting after an election that went more smoothly than many expected raises an inevitable question: Why now, if not to try to thwart Democrats?The number of Republicans willing to speak out is modest compared with the many Trump-friendly lawmakers in G.O.P.-controlled state capitols who continue to validate the former president’s false claims of fraud by proposing harsh new voting measures. And even when other lawmakers in the party are successful in softening or stopping these, the outcome often remains new restrictions on voting — however small or subtle — that Democrats say are unnecessary and that are likely to disproportionately affect Black, Latino and poor voters.But there is a difference between the public perception of these new laws and bills and the reality, Republicans say. Many of the most restrictive provisions have never made it past the bill-drafting phase or a legislative committee, halted by Republican leaders who say it is counterproductive to limit forms of voting that are convenient and that people in both parties prefer. (Republicans in states like Arizona have amassed such power in state legislatures in no small part because for many years their own voters embraced voting by mail.) And some Republicans have criticized as anti-democratic efforts to empower state legislators to reject the will of voters.The Arizona State Capitol in Phoenix. A Republican bill to allow the state’s Legislature to overturn certified presidential election results was never assigned to a committee.Courtney Pedroza for The New York TimesThe latest Republican voting proposal to fall flat because of intraparty resistance was a “wet signature” requirement in Florida, which was set to be dropped from a bill that advanced out of a State Senate committee on Tuesday. The rule, which would have mandated a signature written by hand rather than a digital signature, was cut in part over concerns about its potential effect on older voters.In Arizona, Mr. Kavanagh, a committee chairman in the state House of Representatives, noted that Republicans’ bill to allow the Legislature to overturn certified presidential election results had never even been assigned to a committee.Neither was the proposed measure to repeal the permanent early voting list, which is how more than three million voters in Arizona get their ballots.Mr. Kavanagh said the list was “tremendously popular with Democrats, Republicans and independents,” and therefore made no sense to do away with.Most proposals like these — inspired by a misinformation campaign from Mr. Trump and allies like Rudolph W. Giuliani, who pressured Republican lawmakers to interfere with their state’s certification process — are dead, not just in Florida and Arizona but also in other states like Georgia, where Republicans set off a national uproar over voting rights. “But that part never got written, or was rarely covered in the newspapers,” Mr. Kavanagh said.This year in Florida, lawmakers introduced legislation to ban drop boxes, limit who can collect ballots for other voters and restrict access to people in voting lines, among other provisions. The proposals were met with swift and forceful opposition from county elections supervisors, perhaps none whose opinion carried more weight than D. Alan Hays of Lake County. Mr. Hays, a conservative Republican who had previously served in the State Senate for 12 years, told his former colleagues at a legislative hearing last month that their bill was a “travesty.”“In my role as supervisor of elections, I’m focusing on policy,” he said in an interview. “I don’t pay any attention to party. If it’s a good idea, we should give it every opportunity to succeed. And if it’s a bad idea, we should do everything we can to stop it from being implemented.”He and other supervisors worked phones and emails to explain to lawmakers the nuances of how elections are run and why some of their provisions would be impractical. This month, after the controversy over Georgia’s new voting law, the Florida House softened its version of the voting bill; the proposal that ultimately passed out of the State Senate committee on Tuesday did not include some of the most stringent original provisions, like a ban on drop boxes (the availability of which it still limits).“To their credit, the legislators have shown great appreciation and respect for our opinions,” Mr. Hays said.Republicans who want to see changes to election law that would have far less of an impact on how votes are cast say that some of the proposals introduced by pro-Trump lawmakers are not helping. And these bills are muddying the waters, they say, in areas of the law like ballot security, where there used to be more bipartisan agreement.Poll workers sorting absentee ballots in Decatur, Ga., after the state’s Senate runoff elections early this year. Some top Republican election officials in Georgia, including Gabriel Sterling, have voiced opposition to parts of the state’s new voting law.Nicole Craine for The New York TimesSome Republicans say that in less polarized times, these measures wouldn’t be attracting nearly as much controversy because even divisive issues like requiring a form of identification to vote had some bipartisan support.A 2005 bipartisan commission led by former President Jimmy Carter and James A. Baker, the former secretary of state under Ronald Reagan, recommended requiring identification for all voters, but allowed for a flexible interpretation of what that could be, like a utility bill. That report also stated what independent elections experts say is still true: that absentee ballots remain the most susceptible to fraud, though fraud is exceptionally rare. In the very few instances that fraud has been caught and prosecuted, as in North Carolina in 2018, it often involves absentee ballots.Most Republicans argue that measures are needed to safeguard and streamline absentee voting, especially because it was so prevalent last year during the pandemic — and popular with voters. In Georgia, Gabriel Sterling, a top Republican election official who bucked his party and Mr. Trump in December by denouncing claims of voter fraud as false and dangerous, said he didn’t agree with everything in the state’s new law. He took particular issue with the provisions that seem intended to punish his boss, Secretary of State Brad Raffensperger, a fellow Republican who also pushed back against Mr. Trump’s voter fraud lies, by stripping him of his voting power as a member of the State Election Board.Mr. Sterling speaking to reporters in Atlanta in November. He said that over all, he believed Georgia’s new voting law was “a boring bill.”Megan Varner/Getty ImagesBut Mr. Sterling said he believed that over all, “It is a boring bill,” adding: “It is not the end of the world.”He argued that “there was going to be a cleanup bill” to address voting given that record numbers of people voted early and by mail for the first time, creating considerable strain on local elections officials. And he pointed to local elections jurisdictions that were overextended with large numbers of signatures to match on absentee ballots.On the one hand, he said, the government can hire staff members and pay them $10 an hour to compare signatures. On the other hand, he said that requiring an I.D. number like the last four digits of the voter’s Social Security number or a driver’s license number, as Georgia now does, seemed more efficient. “You’re saying, ‘Does the number match?’” he said. “‘Does it not match?’ It’s a very simple thing.”He blamed Republicans for trying to placate Mr. Trump’s supporters by introducing bills they knew would never pass — and which, in some cases, lawmakers didn’t fully believe were good policy. They just knew it was good base politics, he said.“Essentially the leadership of the House and the Senate said to their members, ‘Introduce whatever you have to so your people are OK,’” Mr. Sterling said.That was a mistake, Mr. Sterling added, but not necessarily surprising. “There’s a lot of voters who believe the lie, and we are a representative democracy.”Patricia Mazzei More