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      Democrats Face High New Bar in Opposing Voting Laws

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      Democrats and voting rights groups say they can no longer count on the federal courts, including the Supreme Court, to serve as a backstop for preventing racially discriminatory voting restrictions.The 6-to-3 decision by the Supreme Court on Thursday that upheld voting restrictions in Arizona has effectively left voting rights advocates with a higher bar for bringing federal cases under the Voting Rights Act: proving discriminatory intent.That burden is prompting civil rights and voting groups to recalibrate their approach to challenging in court the raft of new restrictions that Republican-controlled legislatures have passed this year in the aftermath of Donald J. Trump’s election loss in November. No longer, they say, can they count on the federal courts, including the Supreme Court, to serve as a backstop for preventing racially discriminatory voting restrictions.“We have to remember that the Supreme Court is not going to save us — it’s not going to protect our democracy in these moments when it is most necessary that it does so,” Sam Spital, the director of litigation at the NAACP Legal Defense Fund, said Friday.The high court gutted the central protection of the Voting Rights Act in a 2013 decision, and on Thursday the court further limited the act’s reach in combating discriminatory laws, establishing strict new guidelines for proving the laws’ effects on voters of color and thus requiring litigants to clear the much higher bar of proving purposeful intent to discriminate.Mr. Spital said his group would have to carefully assess its next moves and “think very carefully” before bringing new cases that, if defeated, could set damaging new precedents. The Arizona case, filed in 2016 by the Democratic National Committee, was considered a weak vehicle for challenging new voting laws; even the Biden administration acknowledged that the Arizona law was not discriminatory under the Voting Rights Act. Choosing the wrong cases, in the wrong jurisdictions, could lead to further setbacks, Mr. Spital and other voting rights advocates said.At the same time, Mr. Spital said, it is imperative that voting restrictions enacted by Republicans not go unchallenged.“It will force us to work even harder in the cases that we do bring,” he said. “Once the rules of the game are set, even if they are tilted against us, we have the resources — we have extraordinary lawyers, extraordinary clients, and we have the facts on our side.”Thursday’s ruling also laid bare an uncomfortable new reality for Democrats and voting activists: that under existing law, they can expect little help from the federal courts on election laws that are passed on a partisan basis by the party that controls a state government. Republican lawmakers in Georgia, Florida and Iowa have moved aggressively to push through voting laws, brushing aside protests from Democrats, voting rights groups and even major corporations.Arizona Republicans were candid about the partisan nature of their efforts when the Supreme Court heard the case in March. A lawyer for the Arizona Republican Party told the justices that the restrictions were needed because without them, Republicans in the state would be “at a competitive disadvantage relative to Democrats.”“It’s much harder to prove these things — it takes a lot more evidence,” said Travis Crum, a law professor at Washington University in St. Louis who specializes in voting rights and redistricting cases. “Courts are often reluctant to label legislators racist. That’s why the effects standard was added in 1982.”The high court’s decision also raises the stakes for 2022 contests for governor in the key swing states of Michigan, Pennsylvania and Wisconsin, where Democratic governors are poised to block measures proposed by Republican-controlled legislatures. If a Republican won the governor’s seat in any of those states, the legislature would have a clear path to pushing through new voting laws.Republicans on Friday lauded the Supreme Court ruling, calling it a validation of the need to combat voter fraud — though no evidence of widespread fraud emerged in President Biden’s victory.Justin Riemer, the chief counsel at the Republican National Committee, argued that the new “guideposts” set by Justice Samuel Alito, who wrote the majority opinion, were welcome and would force a recognition of the broader options for voting available in a state.“It reaffirms, for example, that states have an incredibly important interest in protecting against voter fraud and promoting voter confidence,” Mr. Riemer said. “When the court looked at Arizona’s laws, it noted how generous the voting provisions were.”Mr. Riemer noted that Democrats would also have a harder time in meeting new standards for showing that laws impose unreasonable burdens on voters.“I don’t want to say completely shuts them out of Section 2, but it’s going to make it very difficult for them to strike down laws that are really minimally, if at all, burdensome,” Mr. Riemer said, referring to the section of the Voting Rights Act that addresses racially discriminatory practices.Major Supreme Court decisions affirming a new restriction on voting have historically been followed by waves of new state-level legislation. In 2011, 34 states introduced some form of new voter identification legislation after the court upheld Indiana’s voter identification law in 2008.The first immediate test of a newly emboldened legislature will come next week in Texas, where lawmakers are scheduled to reconvene for a special session, in a second attempt by Republicans to pass an election overhaul bill. The first attempt failed after Democrats in the State Legislature staged a contentious late-night walkout, temporarily halting proposals that were among the most restrictive in the country.Those proposals included bans on new methods of voting, a reduction in Sunday voting hours and provisions that would make it easier to overturn elections and would greatly empower partisan poll watchers.The uncertain legal fights will play out in a federal judiciary remade during Mr. Trump’s administration, and Democrats in Congress have failed to enact federal voter protections.The legal defense fund that Mr. Spital represents sued Georgia in May over its new voting laws, arguing that the laws would have a discriminatory effect. Other lawsuits, including one the Department of Justice filed last week, argue that Georgia acted with intent to discriminate against voters of color.But some Democrats, while lamenting the decision by the Supreme Court, noted that they still had plenty of constitutional tools to challenge repressive voting laws.“Obviously, it is now going to be more difficult to litigate,” said Aneesa McMillan, a deputy executive director at the super PAC Priorities USA, who oversees the organization’s voting rights efforts. “But most of our cases that we challenge, we challenge based on the First, the 14th and the 15th amendments of the Constitution.”Among the guideposts Justice Alito articulated is an assessment of “the standard practice” of voting in 1982, when Section 2 of the Voting Rights Act was amended.“It is relevant that in 1982 States typically required nearly all voters to cast their ballots in person on election day and allowed only narrow and tightly defined categories of voters to cast absentee ballots,” Justice Alito wrote.Thursday’s Supreme Court ruling established a series of guideposts for determining whether merely the effect of a voting law is discriminatory, rather than the intent.Stefani Reynolds for The New York TimesThe court did not address the purpose clause of Section 2. But those cases often rely on racist statements by lawmakers or irregularities in the legislative process — trickier elements of a legal case to prove than the effects.“You’re not going to get that smoking gun kind of evidence,” said Sophia Lakin, the deputy director of the A.C.L.U.’s Voting Rights Project. “It’s pulling together a lot of circumstantial pieces to show the purpose is to take away the rights of voters of color.”People protested voting restrictions outside the Texas Capitol in Austin in May.Mikala Compton/ReutersIn Texas, some Democrats in the Legislature had been hoping that they could work toward a more moderate version of the bill in the special session that starts next week; it remains to be seen whether the Supreme Court decision will induce Republicans to favor an even more restrictive bill.Lt. Gov. Dan Patrick and State Representative Briscoe Cain, both Republicans, did not respond to requests for comment. Speaker Dan Phelan and State Senator Bryan Hughes, both Republicans, declined to comment.But whether the Supreme Court decision will open the floodgates for more restrictive voting legislation in other states remains an open question; more than 30 state legislatures have adjourned for the year, and others have already passed their voting laws.“It’s hard to imagine what a spike in voting restrictions would look like now, because we are already seeing such a dramatic surge, more than at any time since Reconstruction,” said Wendy Weiser, the director of the Democracy Program at the Brennan Center for Justice, a research institute. “But passing new waves of legislation has certainly been the response in recent years.”Gov. Tony Evers of Wisconsin is one of the Democratic governors who are holding off voting measures passed by Republican-led legislatures. On Wednesday, he vetoed the first of several pieces of Republican legislation on the electoral process.In an interview, he said Republicans’ monthslong effort to relitigate the 2020 election had had the effect of placing voting rights on the level of health care and education among the top priorities of Wisconsin voters.“It’s rising up as far as people’s recognizing that it’s an important issue,” Mr. Evers said. “They brought it on themselves, frankly, the Republicans have. I don’t think the people of Wisconsin thought the election was stolen. They understand that it was a fair election. And so the Republicans’ inability to accept Donald Trump’s loss is making it more of a bread-and-butter issue here.” More

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      2020 Election Spurs Resignations and Retirements of Officials

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      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

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      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

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      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

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      Justice Dept. Sues Georgia Over Voting Restrictions Law

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      The lawsuit came after Republicans blocked ambitious federal legislation this week to protect voting rights.WASHINGTON — The Justice Department sued Georgia on Friday over a sweeping voting law passed by the state’s Republican-led legislature, the first significant move by the Biden administration to challenge state-level ballot restrictions enacted since the 2020 election.“The rights of all eligible citizens to vote are the central pillars of our democracy,” Attorney General Merrick B. Garland said in a news conference at the Justice Department. “They are the rights from which all other rights ultimately flow.”The complaint accuses the Georgia law of effectively discriminating against Black voters and seeks to show that state lawmakers intended to violate their rights. It says that several of the law’s provisions “were passed with a discriminatory purpose,” Kristen Clarke, the head of the department’s civil rights division, said at the news conference.The lawsuit, particularly its attempt to prove lawmakers’ intent, is among the most aggressive efforts to expand or preserve voter protections in years. The Supreme Court in 2013 had overturned a key provision of the Voting Rights Act of 1965 that had allowed the Justice Department to stop states from passing laws viewed as facilitating voter discrimination.It comes days after congressional Republicans blocked the most ambitious federal voting rights legislation in a generation, dealing a blow to Democrats’ efforts to preserve voting rights. President Biden and Democratic leaders pledged to continue working to steer federal voting rights legislation into law and to escalate pressure on states and Republicans, with Mr. Biden planning speeches in key states warning against a threat to the democratic process he has compared to Jim Crow.The complaint also shows that the Biden administration intends to invoke the remaining tools the Justice Department has to aggressively fight state actions that it sees as potentially disenfranchising minority voters. “The rights of all eligible citizens to vote are the central pillars of our democracy,” Attorney General Merrick B. Garland said on Friday in a news conference at the Justice Department on Friday.Anna Moneymaker/Getty Images“This lawsuit is the first of many steps we are taking to ensure that all eligible voters can cast a vote, that all lawful votes are counted and that every voter has access to accurate information,” Mr. Garland said, calling on Congress to give the department more help.The Justice Department is also moving to stem increased threats to election officials and poll workers, he said, including creating a task force to investigate and prosecute such cases.The voting lawsuit, filed in the U.S. District Court for the Northern District of Georgia, will almost certainly take years to resolve, while Republican-led state legislatures continue to seek new voting restrictions.Republicans in Georgia cast the suit as political. “The D.O.J. lawsuit announced today is legally and constitutionally dead wrong,” Gov. Brian Kemp, a Republican, said on Friday in a news conference in Savannah, Ga. “Their false and baseless accusations are quite honestly disgusting,”Georgia was the center of President Donald J. Trump’s monthslong effort to overturn the election results. He seized on false conspiracy theories about the outcome there, insisting falsely that it was rife with fraud even as three recounts and audits — including one conducted by hand — reaffirmed the tally.Mr. Kemp, who is trying to stave off a Republican primary challenger after refusing to acquiesce to Mr. Trump’s demands to overturn the election results, tried to use the lawsuit to animate the Republican base.“They are coming for you next,” he said. “They’re coming for your state, your ballgame, your election laws, your business and your way of life.”Some voting rights experts expressed confidence in the Justice Department’s chances of rolling back Georgia’s voting restrictions, noting its strong record on cases that focus on lawmakers’ intent.“When the Department of Justice undertakes a case of this nature, it’s done its homework and is familiar with facts that are not even usually publicly reported,” said Chad Dunn, the legal director of the UCLA Voting Rights Project. “So I believe when the Department of Justice brings a case like this, it has what it needs to meet its evidentiary burden.”But others expressed caution, pointing to the current conservative makeup of the federal judiciary.“It will be an uphill battle,” said Allison Riggs, the director of the voting rights program at the Southern Coalition for Social Justice. “But I don’t think it’s a foregone conclusion that it’s a no-go because I think the Georgia bill was bad and there is less justification than ever before for some of these changes.”Passed in March, the Georgia law ushered in a raft of restrictions to voting access and gave the state legislature more power over election administration. It sought to place strict constraints on ballot drop boxes, bar election officials from sending absentee ballot applications to voters, reduce the time to request absentee ballots and add identification requirements for voting by mail.A ballot recount of Fulton County in Atlanta in November. President Donald J. Trump seized on numerous false conspiracy theories about the election results in Georgia.Nicole Craine for The New York TimesIt followed an election in which Georgia, a once reliably conservative state, turned blue for the second time in 40 years in the presidential race and in runoffs that flipped its Senate seats from Republican to Democratic. The law changed elements of voting that had contributed to those Democratic victories: All were close victories attributable in part to Black voter turnout and the state’s voting options. The law has an outsize effect on Black voters, who make up about one-third of Georgia’s population and vote overwhelmingly Democratic.“These legislative actions occurred at a time when the Black population in Georgia continues to steadily increase, and after a historic election that saw record voter turnout across the state, particularly for absentee voting, which Black voters are now more likely to use than white voters,” Ms. Clarke said.Critics denounced the law as rooted in Mr. Trump’s falsehoods and accused state Republicans of seeking to undo the Democratic wave in Georgia. Mr. Biden called it an “un-American” attack on voter rights that amounted to “Jim Crow in the 21st century” and had promised the Justice Department would examine it.Democrats in Washington are struggling to find an effective strategy for countering laws like Georgia’s that are advancing this year through more than a dozen Republican-led state legislatures. Party activists and policymakers have mostly pinned their hopes on narrow majorities in Congress, where Democratic leaders have insisted they will work through the summer to try to mass a meaningful expansion of voting rights and protections against election subversion tactics by partisan state officials.Democrats have framed the battle as existential, and progressives are plotting a pressure campaign this summer to try to persuade senators to eliminate the legislative filibuster to allow them to act without Republican support. In the meantime, Senator Amy Klobuchar, Democrat of Minnesota, plans to take her influential Rules Committee to Georgia in the coming weeks to convene a field hearing homing in on criticism of the new law there.A rally in Washington this week demanding the passage of ambitious federal voting rights legislation, known as the For the People Act. Republicans used the filibuster to block the measure.Sarahbeth Maney/The New York TimesThis fall, lawmakers also plan to push to pass federal legislation to strengthen the Voting Rights Act. It would reinstate the provision struck down by the Supreme Court in 2013, which requires states with a history of discrimination to clear any voting changes with the Justice Department. The bill is likely to face opposition by congressional Republicans, who argue that discrimination is no longer a factor in voting..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;}The eventual resolution of the Justice Department lawsuit will likely also affect state lawmakers’ future attempts to pass new voting laws.“State legislatures may well take their cue based on what happens,” said Jon Greenbaum, the chief counsel for the nonpartisan Lawyers’ Committee for Civil Rights Under Law and a former Justice Department lawyer.Mr. Greenbaum added that a wave of voter identification laws followed a Supreme Court decision in 2008 that upheld new identification requirements in Indiana. But while that law withstood a legal challenge, he said, similar efforts in Pennsylvania, North Carolina and Texas initially wilted in court.The lawsuit reflects a Justice Department effort to push back on voter restrictions. It began in the spring under Mr. Garland; the associate attorney general, Vanita Gupta; and Pamela Karlan, who ran the civil rights division until Ms. Clarke was confirmed last month and is now the No. 2 official in that office.Mr. Garland also announced that the division was “taking proactive measures to help states understand federal law and best practices,” and that the deputy attorney general, Lisa O. Monaco, will lead the task force aimed at protecting election workers.“Election officials must be permitted to do their jobs free from improper partisan influence, physical threats or any other conduct designed to intimidate,” she wrote in a memo to federal prosecutors and the F.B.I.According to an investigation by The Atlanta Journal-Constitution, more than 272,000 Georgians do not have on file with state election officials the kind of identification to vote that the new law requires. More than 55 percent of them are Black, while Black voters make up only about a third of the voting-age population in Georgia.The law also banned mobile voter units and put stricter requirements on provisional ballots, which are votes cast in person when there are open questions about a voter’s eligibility. The ballot ensures that if the questions are resolved, the vote can still be counted.Any provisional ballot cast in the wrong precinct in Georgia before 5 p.m. on Election Day now requires the voter to instead travel to the correct one or risk being disenfranchised. Showing up at the wrong precinct was by far the most common reason for voting provisionally in 2020 in Georgia, accounting for about 44 percent of provisional ballots, according to the office of Brad Raffensperger, the secretary of state. Of the 11,120 provisional ballots counted in the presidential election, Mr. Biden won 64 percent and Mr. Trump 34 percent.And in a section that Democrats, civil rights groups and voting rights groups described as simply cruel, the new law banned handing out food and water to voters waiting in line. Georgia has for years been notorious for its exceptionally long lines on Election Day, especially in communities of color. More

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      A Bill Destined to Fail May Now Spawn More Plausible Options

      by

      The For the People Act had little chance of testing the limits of what if anything is still possible in Washington. Oddly, it was so far from passage that it may provide some hope, because so many avenues remain to be pursued.The demise of the For the People Act — the far-reaching voting rights bill that Republicans blocked in the Senate on Tuesday — will come as a crushing blow to progressives and reformers, who have portrayed the law as an essential tool for saving democracy.But it was a flawed bill that had little chance of testing the limits of what if anything is still possible in Washington. Voting rights activists and Democratic lawmakers may even find that the collapse of this law opens up more plausible, if still highly unlikely, paths to reform.The law, known as H.R. 1 or S. 1, was full of hot-button measures — from public financing of elections to national mail voting — that were only tangentially related to safeguarding democracy, and all but ensured its failure in the Senate. Its supporters insisted the law should set the floor for voting rights; in truth, it set the floor at the ceiling, by guaranteeing a level of voting access that would be difficult to surpass.At the same time, reformers did not add provisions to tackle the most insidious and serious threat to democracy: election subversion, where partisan election officials might use their powers to overturn electoral outcomes.Instead, it focused on the serious but less urgent issues that animated reformers at the time the bill was first proposed in 2019: allegations of corruption in the Trump administration, the rise of so-called dark money in the aftermath of the Supreme Court’s decision in Citizens United, or the spate of voter identification laws passed in the aftermath of President Barack Obama’s election victories.Even a cursory look at the effort by former President Donald J. Trump to subvert the 2020 election revealed a number of vulnerabilities in the electoral system, from the risk that a partisan election administrator might simply refuse to certify an unfavorable election result to the possibility that a vice president might choose not to count a certified electoral slate. None of those vulnerabilities were addressed.Those concerns have only escalated over the last several months as Republicans have advanced bills that not only imposed new limits on voting, but also afforded the G.O.P. greater control over election administration. The new powers include the ability to strip secretaries of state of some of their authority and remove members of local election boards. The New York Times reported over the weekend how some Democrats on local boards in Georgia, including people of color, were losing their positions.Senate Republicans used the filibuster on Tuesday to block debate on an ambitious Democratic bill aimed at countering a wave of ballot restrictions in G.O.P.-controlled states.Erin Schaff/The New York TimesIt’s true that the 2020 election and Mr. Trump’s unprecedented attempt to undermine it revealed the fragility of American democracy in different and more fundamental ways than even the most perspicacious legislator could have anticipated. Originally, the bill was seen as a “political statement,” a progressive “wish list” or a “messaging bill,” not as the basis for a realistic legislative effort.It was not designed to appeal to the moderate Senate Democrats, who progressives nonetheless hoped would eliminate the filibuster even as they insisted on different proposals and a bipartisan approach.Yet oddly, the bill was so far from passage that reformers still have cause for some semblance of hope. Nearly every stone was left unturned.As a result, many other avenues for reform remain to be pursued. None seem likely to be enacted in today’s political climate. All are more plausible than the bill that died in the Senate on Tuesday.One of those avenues emerged in the final days of the push for H.R. 1: a grand bargain, like the one recently suggested by Joe Manchin III, the moderate Democratic senator from West Virginia who provoked outrage among progressives when he said he would oppose the bill in its current form.Senator Joe Manchin III, Democrat of West Virginia, opposed the voting bill in its current form but proposed several compromises that gained favor with advocates. Sarahbeth Maney/The New York TimesThe Manchin compromise resembles H.R. 1 in crucial ways. It does not address election subversion any more than H.R. 1 does. And it still seeks sweeping changes to voting, ethics, campaign finance and redistricting law. But it offers Republicans a national voter identification requirement, while relenting on many of the provisions that provoke the most intense Republican opposition.Mr. Manchin’s proposal nonetheless provoked intense Republican opposition. Senator Roy Blunt of Missouri derided it as a “Stacey Abrams” bill. Mitch McConnell, the minority leader from Kentucky, appeared to suggest that no federal election law would earn his support.More generally, it is hard to imagine how Republicans could be enticed to accept stringent limits on gerrymandering, given the lopsided partisan consequences of such a ban.But the strategy behind the Manchin proposal could nonetheless serve as a basis for serious legislative efforts: Democrats can offer Republicans provisions they actually want on voting, like new photo identification requirements, and see what that buys them.The willingness of Ms. Abrams, who leads the Georgia-based voting rights group Fair Fight, to support the Manchin compromise, despite its embrace of voter ID measures — an archetypal voter suppression provision — suggests that there may be room to explore options that might attract support from Republicans and haven’t previously been considered..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 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ease;transition:all 0.5s ease;-webkit-transform:rotate(180deg);-ms-transform:rotate(180deg);transform:rotate(180deg);}.css-eb027h{max-height:5000px;-webkit-transition:max-height 0.5s ease;transition:max-height 0.5s ease;}.css-6mllg9{-webkit-transition:all 0.5s ease;transition:all 0.5s 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#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;}Another avenue is a version of the John Lewis Voting Rights Act, which would again subject Southern states to obtain federal clearance before making changes to their voting system — a requirement that a 2013 Supreme Court decision gutted.Restoring the preclearance condition is of considerable symbolic significance, but it offers far less to reformers than the Manchin compromise. It does nothing to address the laws that Republicans have enacted this year. It would do little to protect against election subversion. It does not check Republican efforts outside the South. And it relies on the federal court system, which has a more limited view of the Voting Rights Act than reformers would like.But unlike H.R. 1, restoring federal preclearance does have the support of Mr. Manchin and Lisa Murkowski, a Republican from Alaska. Mr. Manchin also seemed willing to embrace a variety of largely unspecified changes that might make preclearance somewhat more amenable to the Republicans, including an objective test to determine whether jurisdictions should be subjected to or relieved from preclearance and limits on the power of the attorney general. It remains doubtful that any changes would attract significant Republican support, but it also remains untested.A final avenue is an even narrower bill, comprising only provisions that attract bipartisan support. It remains to be seen whether even a single idea falls into this category. But many of the hypothesized proposals for addressing election subversion might have some chance to find Republican support, like reforms to the rules for counting electoral votes, and funding for election administration.Other potential areas of agreement are a requirement for paper ballots; ballot chain-of-custody requirements; standards for certification of federal elections and establishing voter eligibility; and clarifying whether and when judges or local officials can defy a state legislature.None of these proposals necessarily advantage either political party. All would have a chance to avoid the central, politicized debate over voter suppression and voting rights.Realistically, even the most innocuous proposals would have a challenging path to passage. The window for bipartisan cooperation on these issues may have closed several months ago, as memories of the Jan. 6 attack on the Capitol by Trump supporters were supplanted by politically charged fights over voting rights and voter suppression. Republicans have few incentives to support a bill, even if watered down considerably.Yet all of these new avenues for reformers have something simple in common: They involve an earnest attempt to win 60 votes in the Senate, something that H.R. 1 did not. Many progressives scoff at the idea, but if moderate Democrats can be taken at their word, then reformers never had a choice but to at least try to find Republican support.Voting rights activists on Tuesday called for a new push to ensure voting rights, and Senator Chuck Schumer, the majority leader from New York, pledged to keep fighting, calling the Senate vote “the starting gun, not the finish line.”Perhaps reformers will surprise themselves and pull off a rare legislative win. More likely, their effort will fail and they can hope that their failure will demonstrate the impossibility of bipartisanship to Senate moderates, perhaps reopening the conversation about eliminating the filibuster.Wherever the effort might end, a more realistic legislative push begins with an earnest effort to write a bill that is more responsive to the current threats to the system and is designed to win enough votes to pass. More

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      Republicans Block Voting Rights Bill, Dealing Blow to Biden and Democrats

      by

      All 50 G.O.P. senators opposed the sweeping elections overhaul, leaving a long-shot bid to eliminate the filibuster as Democrats’ best remaining hope to enact legal changes.WASHINGTON — Republicans on Tuesday blocked the most ambitious voting rights legislation to come before Congress in a generation, dealing a blow to Democrats’ attempts to counter a wave of state-level ballot restrictions and supercharging a campaign to end the legislative filibuster.President Biden and Democratic leaders said the defeat was only the beginning of their drive to steer federal voting rights legislation into law, and vowed to redouble their efforts in the weeks ahead.“In the fight for voting rights, this vote was the starting gun, not the finish line,” said Senator Chuck Schumer, Democrat of New York and the majority leader. “We will not let it go. We will not let it die. This voter suppression cannot stand.”But the Republican blockade in the Senate left Democrats without a clear path forward, and without a means to beat back the restrictive voting laws racing through Republican-led states. For now, it will largely be left to the Justice Department to decide whether to challenge any of the state laws in court — a time-consuming process with limited chances of success — and to a coalition of outside groups to help voters navigate the shifting rules.Democrats’ best remaining hope to enact legal changes rests on a long-shot bid to eliminate the legislative filibuster, which Republicans used on Tuesday to block the measure, called the For the People Act. Seething progressive activists pointed to the Republicans’ refusal to even allow debate on the issue as a glaring example of why Democrats in the Senate must move to eliminate the rule and bypass the G.O.P. on a range of liberal priorities while they still control Congress and the presidency.They argued that with former President Donald J. Trump continuing to press the false claim that the election was stolen from him — a narrative that many Republicans have perpetuated as they have pushed for new voting restrictions — Democrats in Congress could not afford to allow the voting bill to languish.Senator Mitch McConnell, the minority leader, denounced any attempt to gut the filibuster.Sarahbeth Maney/The New York Times“The people did not give Democrats the House, Senate and White House to compromise with insurrectionists,” Representative Ayanna Pressley, Democrat of Massachusetts, wrote on Twitter. “Abolish the filibuster so we can do the people’s work.”Liberal activists promised a well-funded summertime blitz, replete with home-state rallies and million-dollar ad campaigns, to try to ramp up pressure on a handful of Senate Democrats opposed to changing the rules. Mounting frustration with Republicans could accelerate a growing rift between liberals and more moderate lawmakers over whether to try to pass a bipartisan infrastructure and jobs package or move unilaterally on a far more ambitious plan.But key Democratic moderates who have defended the filibuster rule — led by Senators Joe Manchin III of West Virginia and Kyrsten Sinema of Arizona — appeared unmoved and said their leaders should try to find narrower compromises, including on voting and infrastructure bills.Ms. Sinema dug in against eliminating the filibuster on the eve of the vote, writing an op-ed in The Washington Post defending the 60-vote threshold. Without the rule there to force broad consensus, she argued, Congress could swing wildly every two years between enacting and then reversing liberal and conservative agenda items.“The filibuster is needed to protect democracy, I can tell you that,” Mr. Manchin told reporters on Tuesday.In their defeat, top Democrats appeared keen to at least claim Republicans’ unwillingness to take up the bill as a political issue. They planned to use it in the weeks and months ahead to stoke enthusiasm with their progressive base by highlighting congressional Republicans’ refusal to act to preserve voting rights at a time when their colleagues around the country are racing to clamp down on ballot access.Vice President Kamala Harris spent the afternoon on Capitol Hill trying to drum up support for the bill and craft some areas of bipartisan compromise.Erin Schaff/The New York Times“Once again, Senate Republicans have signed their names in the ledger of history alongside Donald Trump, the big lie and voter suppression — to their enduring disgrace,” Mr. Schumer said. “This vote, I’m ashamed to say, is further evidence that voter suppression has become part of the official platform of the Republican Party.”Democrats’ bill, which passed the House in March, would have ushered in the largest federally mandated expansion of voting rights since the 1960s, ended the practice of partisan gerrymandering of congressional districts, forced super PACs to disclose their big donors and created a new public campaign financing system.It would have pushed back against more than a dozen Republican-led states that have enacted laws that experts say will make it harder for people of color and young people to vote, or shift power over elections to G.O.P. legislators. Other states appear poised to follow suit, including Texas, whose Republican governor on Tuesday called a special legislative session in July, when lawmakers are expected to complete work on a voting bill Democrats temporarily blocked last month.After months of partisan wrangling over the role of the federal government in elections, the outcome on Tuesday was hardly a surprise to either party. All 50 Senate Democrats voted to advance the federal legislation and open debate on other competing voting bills. All 50 Republicans united to deny it the 60 votes needed to overcome the filibuster, deriding it as a bloated federal overreach.Republicans never seriously considered the legislation, or a narrower alternative proposed in recent days by Mr. Manchin. They mounted an aggressive campaign in congressional committees, on television and finally on the floor to portray the bill as a self-serving federalization of elections to benefit Democrats. They called Democrats’ warnings about democracy hyperbolic. And they defended their state counterparts, including arguments that the laws were needed to address nonexistent “election integrity” issues Mr. Trump raised about the 2020 election.“The filibuster is needed to protect democracy, I can tell you that,” Senator Joe Manchin III said.Erin Schaff/The New York TimesSenate Republicans particularly savaged provisions restructuring the Federal Election Commission to avoid deadlocks and the proposed creation of a public campaign financing system for congressional campaigns.“These same rotten proposals have sometimes been called a massive overhaul for a broken democracy, sometimes just a modest package of tweaks for a democracy that’s working perfectly and sometimes a response to state actions, which this bill actually predates by many years,” said Senator Mitch McConnell, Republican of Kentucky and the minority leader. “But whatever label Democrats slap on the bill, the substance remains the same.”His top deputy, Senator John Thune of South Dakota, also threw cold water on any suggestion the two parties could come together on a narrower voting bill as long as Democrats wanted Congress to overpower the states.“I don’t think there’s anything I’ve seen yet that doesn’t fundamentally change the way states conduct elections,” he said. “It’s sort of a line in the sand for most of our members.”At more than 800 pages, the For the People Act was remarkably broad. It was first assembled in 2019 as a compendium of long-sought liberal election changes and campaign pledges that had energized Democrats’ anti-corruption campaign platform in the 2018 midterm elections. At the time, Democrats did not control the Senate or the White House, and so the bill served more as a statement of values than a viable piece of legislation..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;}When Democrats improbably won control of them, proponents insisted that what had essentially been a messaging bill become a top legislative priority. But the approach was always flawed. Mr. Manchin did not support the legislation, and other Democrats privately expressed concerns over key provisions. State election administrators from both parties said some of its mandates were simply unworkable (Democrats proposed tweaks to alleviate their concerns). Republicans felt little pressure to back a bill of its size and partisan origins.Senator Amy Klobuchar, right, announced that she would use her gavel on the Rules Committee to hold a series of hearings on election issues.Sarahbeth Maney/The New York TimesDemocratic leaders won Mr. Manchin’s vote on Tuesday by agreeing to consider a narrower compromise proposal he drafted in case the debate had proceeded. Mr. Manchin’s alternative would have expanded early and mail-in voting, made Election Day a federal holiday, and imposed new campaign and government ethics rules. But it cut out proposals slammed by Republicans, including one that would have neutered state voter identification laws popular with voters and another to set up a public campaign financing system.Mr. Manchin was not the only Democrat keen on Tuesday to project a sense of optimism and purpose, even as the party’s options dwindled. Senator Amy Klobuchar, Democrat of Minnesota, announced she would use her gavel on the Rules Committee to hold a series of hearings on election issues, including a field hearing in Georgia to highlight the state’s restrictive new voting law.Vice President Kamala Harris, who asked to take the lead on voting issues for Mr. Biden, spent the afternoon on Capitol Hill trying to drum up support for the bill and craft some areas of bipartisan compromise. She later presided over the vote.“The fight is not over,” she told reporters afterward.Facing criticism from party activists who accused him of taking too passive a role on the issue, Mr. Biden said he would have more to say on the issue next week but vowed to fight on against the dawning of a “Jim Crow era in the 21st century.”“I’ve been engaged in this work my whole career, and we are going to be ramping up our efforts to overcome again — for the people, for our very democracy,” he said in a statement.But privately, top Democrats in Congress conceded they had few compelling options and dwindling time to act — particularly if they cannot persuade all 50 of their members to scrap the filibuster rule. The Senate will leave later this week for a two-week break. When senators return, Democratic leaders, including Mr. Biden, are eager to quickly shift to consideration of an infrastructure and jobs package that could easily consume the rest of the summer.They have also been advised by Democratic elections lawyers that unless a voting overhaul is signed into law by Labor Day, it stands little chance of taking effect before the 2022 midterm elections.Both the House and the Senate are still expected to vote this fall on another marquee voting bill, the John Lewis Voting Rights Advancement Act. The bill would put teeth back into a key provision of the Voting Rights Act of 1965 that made it harder for jurisdictions with a history of discrimination to enact voting restrictions, which was invalidated by the Supreme Court in 2013. While it does have some modest Republican support, it too appears to be likely doomed by the filibuster.“This place can always make you despondent,” said Senator Christopher S. Murphy, Democrat of Connecticut. “The whole exercise of being a member of this body is convincing yourself to get up another day to convince yourself that the fight is worth engaging in. But yeah, this certainly feels like an existential fight.”Jonathan Weisman More

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      in Elections

      How Republican States Are Expanding Their Power Over Elections

      by

      In Georgia, Republicans are removing Democrats of color from local boards. In Arkansas, they have stripped election control from county authorities. And they are expanding their election power in many other states.LaGRANGE, Ga. — Lonnie Hollis has been a member of the Troup County election board in West Georgia since 2013. A Democrat and one of two Black women on the board, she has advocated Sunday voting, helped voters on Election Days and pushed for a new precinct location at a Black church in a nearby town.But this year, Ms. Hollis will be removed from the board, the result of a local election law signed by Gov. Brian Kemp, a Republican. Previously, election board members were selected by both political parties, county commissioners and the three biggest municipalities in Troup County. Now, the G.O.P.-controlled county commission has the sole authority to restructure the board and appoint all the new members.“I speak out and I know the laws,” Ms. Hollis said in an interview. “The bottom line is they don’t like people that have some type of intelligence and know what they’re doing, because they know they can’t influence them.”Ms. Hollis is not alone. Across Georgia, members of at least 10 county election boards have been removed, had their position eliminated or are likely to be kicked off through local ordinances or new laws passed by the state legislature. At least five are people of color and most are Democrats — though some are Republicans — and they will most likely all be replaced by Republicans.Ms. Hollis and local officials like her have been some of the earliest casualties as Republican-led legislatures mount an expansive takeover of election administration in a raft of new voting bills this year.G.O.P. lawmakers have also stripped secretaries of state of their power, asserted more control over state election boards, made it easier to overturn election results, and pursued several partisan audits and inspections of 2020 results.Republican state lawmakers have introduced at least 216 bills in 41 states to give legislatures more power over elections officials, according to the States United Democracy Center, a new bipartisan organization that aims to protect democratic norms. Of those, 24 have been enacted into law across 14 states. G.O.P. lawmakers in Georgia say the new measures are meant to improve the performance of local boards, and reduce the influence of the political parties. But the laws allow Republicans to remove local officials they don’t like, and because several of them have been Black Democrats, voting rights groups fear that these are further attempts to disenfranchise voters of color.The maneuvers risk eroding some of the core checks that stood as a bulwark against former President Donald J. Trump as he sought to subvert the 2020 election results. Had these bills been in place during the aftermath of the election, Democrats say, they would have significantly added to the turmoil Mr. Trump and his allies wrought by trying to overturn the outcome. They worry that proponents of Mr. Trump’s conspiracy theories will soon have much greater control over the levers of the American elections system.“It’s a thinly veiled attempt to wrest control from officials who oversaw one of the most secure elections in our history and put it in the hands of bad actors,” said Jena Griswold, the chairwoman of the Democratic Association of Secretaries of State and the current Colorado secretary of state. “The risk is the destruction of democracy.”Officials like Ms. Hollis are responsible for decisions like selecting drop box and precinct locations, sending out voter notices, establishing early voting hours and certifying elections. But the new laws are targeting high-level state officials as well, in particular secretaries of state — both Republican and Democratic — who stood up to Mr. Trump and his allies last year.Republicans in Arizona have introduced a bill that would largely strip Katie Hobbs, the Democratic secretary of state, of her authority over election lawsuits, and then expire when she leaves office. And they have introduced another bill that would give the Legislature more power over setting the guidelines for election administration, a major task currently carried out by the secretary of state.Had Republican voting bills been in place during the aftermath of the election, Democrats and voting rights groups say, they would have significantly added to the turmoil Mr. Trump and his allies wrought by trying to overturn the results.Gabriela Bhaskar for The New York TimesUnder Georgia’s new voting law, Republicans significantly weakened the secretary of state’s office after Brad Raffensperger, a Republican who is the current secretary, rebuffed Mr. Trump’s demands to “find” votes. They removed the secretary of state as the chair of the state election board and relieved the office of its voting authority on the board.Kansas Republicans in May overrode a veto from Gov. Laura Kelly, a Democrat, to enact laws stripping the governor of the power to modify election laws and prohibiting the secretary of state, a Republican who repeatedly vouched for the security of voting by mail, from settling election-related lawsuits without the Legislature’s consent.And more Republicans who cling to Mr. Trump’s election lies are running for secretary of state, putting a critical office within reach of conspiracy theorists. In Georgia, Representative Jody Hice, a Republican who voted against certifying President Biden’s victory, is running against Mr. Raffensperger. Republican candidates with similar views are running for secretary of state in Nevada, Arizona and Michigan.“In virtually every state, every election administrator is going to feel like they’re under the magnifying glass,” said Victoria Bassetti, a senior adviser to the States United Democracy Center.More immediately, it is local election officials at the county and municipal level who are being either removed or stripped of their power.In Arkansas, Republicans were stung last year when Jim Sorvillo, a three-term state representative from Little Rock, lost re-election by 24 votes to Ashley Hudson, a Democrat and local lawyer. Elections officials in Pulaski County, which includes Little Rock, were later found to have accidentally tabulated 327 absentee ballots during the vote-counting process, 27 of which came from the district.Mr. Sorvillo filed multiple lawsuits aiming to stop Ms. Hudson from being seated, and all were rejected. The Republican caucus considered refusing to seat Ms. Hudson, then ultimately voted to accept her.But last month, Arkansas Republicans wrote new legislation that allows a state board of election commissioners — composed of six Republicans and one Democrat — to investigate and “institute corrective action” on a wide variety of issues at every stage of the voting process, from registration to the casting and counting of ballots to the certification of elections. The law applies to all counties, but it is widely believed to be aimed at Pulaski, one of the few in the state that favor Democrats.State Representative Mark Lowery, a Republican, at the capitol in Little Rock, Ark. He said the new legislation provides a necessary extra level of oversight of elections.Liz Sanders for the New YorkThe author of the legislation, State Representative Mark Lowery, a Republican from a suburb of Little Rock, said it was necessary to remove election power from the local authorities, who in Pulaski County are Democrats, because otherwise Republicans could not get a fair shake. “Without this legislation, the only entity you could have referred impropriety to is the prosecuting attorney, who is a Democrat, and possibly not had anything done,” Mr. Lowery said in an interview. “This gives another level of investigative authority to a board that is commissioned by the state to oversee elections.”Asked about last year’s election, Mr. Lowery said, “I do believe Donald Trump was elected president.”A separate new Arkansas law allows a state board to “take over and conduct elections” in a county if a committee of the legislature determines that there are questions about the “appearance of an equal, free and impartial election.”In Georgia, the legislature passed a unique law for some counties. For Troup County, State Representative Randy Nix, a Republican, said he had introduced the bill that restructured the county election board — and will remove Ms. Hollis — only after it was requested by county commissioners. He said he was not worried that the commission, a partisan body with four Republicans and one Democrat, could exert influence over elections.“The commissioners are all elected officials and will face the voters to answer for their actions,” Mr. Nix said in an email.Eric Mosley, the county manager for Troup County, which Mr. Trump carried by 22 points, said that the decision to ask Mr. Nix for the bill was meant to make the board more bipartisan. It was unanimously supported by the commission.“We felt that removing both the Republican and Democratic representation and just truly choose members of the community that invest hard to serve those community members was the true intent of the board,” Mr. Mosley said. “Our goal is to create both political and racial diversity on the board.”In Morgan County, east of Atlanta, Helen Butler has been one of the state’s most prominent Democratic voices on voting rights and election administration. A member of the county board of elections in a rural, Republican county, she also runs the Georgia Coalition for the People’s Agenda, a group dedicated to protecting the voting rights of Black Americans and increasing their civic engagement.Helen Butler, who has been one of the state’s most prominent voices on voting rights and election administration in Atlanta, on Saturday. Ms. Butler will be removed from the county board at the end of the month.Matthew Odom for The New York TimesBut Ms. Butler will be removed from the county board at the end of the month, after Mr. Kemp signed a local bill that ended the ability of political parties to appoint members. “I think it’s all a part of the ploy for the takeover of local boards of elections that the state legislature has put in place,” Ms. Butler said. “It is them saying that they have the right to say whether an election official is doing it right, when in fact they don’t work in the day to day and don’t understand the process themselves.”It’s not just Democrats who are being removed. In DeKalb County, the state’s fourth-largest, Republicans chose not to renominate Baoky Vu to the election board after more than 12 years in the position. Mr. Vu, a Republican, had joined with Democrats in a letter opposing an election-related bill that eventually failed to pass.To replace Mr. Vu, Republicans nominated Paul Maner, a well-known local conservative with a history of false statements, including an insinuation that the son of a Georgia congresswoman was killed in “a drug deal gone bad.”Back in LaGrange, Ms. Hollis is trying to do as much as she can in the time she has left on the board. The extra precinct in nearby Hogansville, where the population is roughly 50 percent Black, is a top priority. While its population is only about 3,000, the town is bifurcated by a rail line, and Ms. Hollis said that sometimes it can take an exceedingly long time for a line of freight cars to clear, which is problematic on Election Days.“We’ve been working on this for over a year,” Ms. Hollis said, saying Republicans had thrown up procedural hurdles to block the process. But she was undeterred.“I’m not going to sit there and wait for you to tell me what it is that I should do for the voters there,” she said. “I’m going to do the right thing.”Rachel Shorey contributed research. More