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      Overhaul of Electoral Count Act Will Pass, Manchin Says

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      Senators working to overhaul the law said recent revelations about former President Donald J. Trump’s efforts to overturn the 2020 election made their work even more crucial.WASHINGTON — Two senators working on an overhaul of the little-known law that former President Donald J. Trump and his allies tried to use to overturn the 2020 election pledged on Sunday that their legislation would pass the Senate, saying that recent revelations about the plot made their work even more important.In a joint interview on CNN’s “State of the Union,” Senators Joe Manchin III, Democrat of West Virginia, and Lisa Murkowski, Republican of Alaska, said their efforts to rewrite the Electoral Count Act of 1887 were gaining broader support in the Senate, with as many as 20 senators taking part in the discussions.“Absolutely, it will pass,” Mr. Manchin said of an overhaul of the law, which dictates how Congress formalizes elections.He said efforts by Mr. Trump and his allies to exploit “ambiguity” in the law were “what caused the insurrection” — the Jan. 6, 2021, attack on the Capitol. That misreading of the statute led to a plan by Mr. Trump and his allies to amass a crowd outside the Capitol to try to pressure Congress and Vice President Mike Pence, who presided over Congress’s official count of electoral votes, to overturn the results of the election.Ms. Murkowski said the rewrite could be expanded to include other protections for democracy, such as a crackdown on threats and harassment against election workers.“We want to make sure that if you are going to be an election worker,” Ms. Murkowski said, “you don’t feel intimidated or threatened or harassed.”A bipartisan group of at least 15 senators — which includes Mr. Manchin and Ms. Murkowski and is led by Senator Susan Collins, Republican of Maine — recently began discussions with another group that features top Democrats who have studied the issue for months. That group includes Senator Angus King, independent of Maine; Senator Amy Klobuchar, Democrat of Minnesota; and Senator Richard J. Durbin, Democrat of Illinois.Mr. King’s group last week released draft legislative text for a rewrite of the Electoral Count Act that would address deficiencies exposed by Mr. Trump’s plan. The bill would clarify that the vice president has no power to reject a state’s electors and ensure that state legislatures cannot appoint electors after Election Day in an effort to overturn their state’s election results.It would also give states additional time to complete legitimate recounts and litigation; provide limited judicial review to ensure that the electors appointed by a state reflect the popular vote results in the state; enumerate specific and narrow grounds for objections to electors or electoral votes; raise the thresholds for Congress to consider objections; and make it harder to sustain objections without broad support by both chambers of Congress.In an interview with The New York Times, Mr. King called his group’s draft “very nonpartisan” and said it included the input of conservative and liberal legal scholars.“Hopefully we can join forces and get a good bill,” Mr. King said of Ms. Collins’s group.The latest push to clarify the law follows a series of revelations about a campaign by Mr. Trump and his allies to try to overturn the 2020 election, including the surfacing of memos that show the roots of the attempts to use so-called alternate electors to keep Mr. Trump in power and the former president’s exploration of proposals to seize voting machines.On Friday, Mr. Pence offered his most forceful rebuke of Mr. Trump’s plan, saying the former president was “wrong” to insist that Mr. Pence had the legal authority to overturn the results of the election. Those comments came on the same day the Republican National Committee voted to censure two members of the party, Representatives Liz Cheney of Wyoming and Adam Kinzinger of Illinois, in a resolution that described the events of Jan. 6 as “legitimate political discourse.”Ms. Cheney and Mr. Kinzinger are the only Republican members of the special House committee investigating the Jan. 6 attack, which left more than 150 police officers injured and resulted in several deaths.The resolution drew criticism from some congressional Republicans on Sunday.Representative Michael McCaul, Republican of Texas, said on ABC’s “This Week” that he did “not agree with that statement — if it’s applying to those who committed criminal offenses and violence to overtake our shrine of democracy.”In an interview on NBC’s “Meet the Press,” Marc Short, Mr. Pence’s former chief of staff, said that “from my front-row seat, I did not see a lot of legitimate political discourse.”Mr. Short blamed Mr. Trump’s push to overturn the election on “many bad advisers who were basically snake-oil salesmen, giving him really random and novel ideas as to what the vice president could do.”He described being taken to a secure room in the Capitol with Mr. Pence on Jan. 6 as rioters stormed the building, some chanting, “Hang Mike Pence.” He said Mr. Trump and Mr. Pence did not talk that day.Mr. Short and another top Pence aide, Greg Jacob, recently testified before the committee, a step Mr. Pence’s advisers have hoped would stop the committee from issuing a subpoena for Mr. Pence. Representatives of Mr. Pence have been negotiating with the committee’s lawyers for months.“That would be a pretty unprecedented step for the committee to take,” Mr. Short said of a subpoena for the former vice president, adding that it would be “very difficult for me to see that scenario unfolding.”Emily Cochrane More

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      Jan. 6 Was a Warning. Will Lawmakers Do Anything to Protect the 2024 Election?

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      The transfer of political power is perhaps the most delicate moment in the life of a democracy. It follows an election which the party in power lost and its opponents won. Inevitably, feelings are raw, tempers are short, and mistrust can run high … all as control of the nation is changing hands.Because politics is how a self-governing society resolves its differences peacefully, it is essential that the rules of this transfer are as clear as they can be. If they are not, they can be exploited to create confusion and discord. In the extreme, as the world saw on Jan. 6, 2021, ambiguity on the page opens the door to bloodshed in the streets — exactly what the rules aim to avoid.This is why Republicans and Democrats in Congress are right to train their sights on fixing, at long last, the 135-year-old federal law that sets out the process for tabulating the electoral votes that decide who becomes president, known as the Electoral Count Act.Legal experts have been raising the alarm over the act for years. Its most consequential provision, dealing with Congress’s counting of electoral votes, is “a virtually impenetrable maze,” one scholar wrote in 2019. This was the provision that President Donald Trump, assisted by a posse of partisan lawyers, zeroed in on to encourage arguably unconstitutional behavior by Vice President Mike Pence and members of Congress, potentially criminal behavior by Rudy Giuliani and his dozens of fake electors, and obviously criminal behavior by hundreds of rioters who laid siege to the Capitol.It doesn’t matter whether any of these people actually believed the wild claims about how the Electoral Count Act works, if they had heard of it at all. The law’s confounding language created the space for a seductive narrative about a stolen election, and a legal path to take it back.More than a year later, Mr. Trump continues to lie about the law, revealing in the process his utter contempt for the most basic democratic principles. “Mike Pence did have the right to change the outcome, and they now want to take that right away,” Mr. Trump said late last month in a statement opposing E.C.A. reform. “Unfortunately, he didn’t exercise that power — he could have overturned the election!”No, he could not. Mr. Pence acknowledged as much on Friday. “I had no right to overturn the election,” he said. Yet that much should have been crystal-clear even before 2020. Since it wasn’t, and since Mr. Trump shows every indication of planning to run again in 2024, it is imperative that Congress clarifies the law now — before anyone casts a ballot in that election, and before knowing which party will be in charge of the Senate or the House of Representatives. It’s not hyperbole to say that American democracy is at stake.To understand the mess of the Electoral Count Act requires a brief history lesson. The law arose out of one of the most controversial elections in American history, the 1876 presidential race, a nail-biter with disputes over electoral votes in several states, leading to an ad hoc congressional commission that haggled for months and did not settle on a clear winner until days before the inauguration. Rutherford B. Hayes, who in the end was awarded the presidency over the Democrat, Samuel Tilden, wrote that “radical change” was needed immediately to prevent a similar battle from tearing the nation apart. Still a decade went by before Congress took action, and the law it ultimately passed confused more than it clarified.Today, three reforms matter above all: clearly defining the role and powers of the vice president, of Congress and of the states in electing the president. All three are central to achieving the fundamental goal, which is to ensure that voters, and not partisan political officials, get to choose their leader.Let’s take each of the players in turn.First, the vice president. Contrary to the self-serving fantasies of Mr. Trump and the lawyers who schemed with him, like John Eastman, the vice president’s role on Jan. 6 is a straightforward one. Starting at 1 p.m., the job is to open the envelopes and announce the electoral-vote counts from each state, in alphabetical order, then call for any objections. That’s it.She or he has no authority to unilaterally reject electors from the states. The law already lays out this process, but its outdated language is vague and should be clarified in a way that leaves no room for mischief.Next, Congress. The national legislature has many responsibilities, but sitting as a presidential-recount board is not one of them. Whenever a state submits a single, uncontested slate of electors, as all 50 states did in 2020, Congress’s job is to accept it. The problem is that the Electoral Count Act makes it easy to throw a wrench in the works by allowing objections to a state’s submission if only a single senator and a single representative sign on. This sets off hours of debate and delay — a recipe for chaos, as Senators Ted Cruz and Josh Hawley demonstrated with their grandstanding around baseless allegations about voting irregularities that had been rejected by every court to consider them.To avoid a repeat of this shameful and reckless behavior, Congress should raise the bar significantly — by requiring the assent of one-quarter or even one-third of both houses to lodge an objection, and a supermajority to sustain one. It should also strictly limit the grounds for raising an objection in the first place.What if a state submits two conflicting slates of electors? And what if the two houses of Congress disagree over which slate is valid? That’s a different sort of problem, and while it didn’t happen in 2020, it did in 1876 and could cause a major crisis again in 2024 — if, say, a Trump-aligned governor who believes that election was stolen refuses to certify a valid popular-vote count that favors the Democratic nominee, and instead authorizes his state’s Republican electors to cast their ballots for Mr. Trump. (Think that sounds crazy? Then you haven’t been listening to David Perdue, the former senator running for governor of Georgia.) In such a scenario, the Electoral Count Act needs to make it clear that Congress should accept the electors who were chosen in accordance with state law.This is where the courts, and especially the federal courts, play an essential role. The law should leave no doubt that judges — and not political actors — have the last word in resolving any vote-counting disputes that arise between Election Day and mid-December, when electors meet in state capitals to cast their ballots.Last, but far from least, are the states themselves. Under the Constitution, state legislatures have the authority to appoint their electors however they choose. They can let the voters do it, as all 50 states do today, or they can do it themselves, as many states did in the early years of the Republic. The key point is, there are no backsies. Once a legislature has settled on a method, it may not change its mind because it’s not happy with the results on Election Day. If a state uses the popular vote to appoint electors, it is required to count those votes fairly and accurately, and to appoint electors in line with the outcome. As the speaker of the Arizona House of Representatives said last week in rejecting a bill that would have given the legislature the power to overturn the popular vote, “We gave the authority to the people. And I’m not going to go back and kick them in the teeth.’’Yet there is a glaring loophole in the federal law: If a state fails to make a choice by its prescribed method on Election Day, the legislature may step in and do as it pleases. This provision, even older than the Electoral Count Act, was written to address a narrow set of scenarios specific to the mid-19th century. Today it only invites abuse, as state legislatures can try to spin any outcome they don’t like as a “failed” election.Congress needs to limit this provision to real “failures” — a major natural disaster, terrorist attack or some other catastrophe, and even then only if it is impossible to arrange for a popular election afterward.Electoral Count Act reform is not the voting issue Democrats were hoping to push through Congress. They are rightly furious with Senators Joe Manchin and Kyrsten Sinema, along with every Senate Republican, for thwarting two badly needed bills that would have attacked many forms of voter suppression and partisan gerrymandering. Still, the current push to reform the act, whose proponents include Senators Angus King, Amy Klobuchar, Susan Collins and Mitt Romney, is worth the effort — not only because it will help protect the integrity of the presidential election, but because it may well be the only reform with enough bipartisan support to pass in this polarized moment.If its essential components do pass, Democrats can take comfort in knowing that politicians and lawmakers will have a much harder time undermining a valid vote. Republicans, who like to talk about the importance of states’ rights in our federalist system, can be reassured that Congress will stay in its lane and leave the power to appoint electors with the states, where it belongs.None of this would be an issue, of course, if the United States simply counted up all the votes and saw who won. In 2020, over seven million more Americans chose Joe Biden than chose Mr. Trump, a resounding victory that would have been impervious to all the legally dubious shenanigans Mr. Trump and his allies tried to pull. Even in the closest election of the last half century, in 2000, the national popular-vote margin was more than half a million — far more than the margins of victory in all the disputed states of 2000 and 2020 combined.But as long as we have the Electoral College, the process needs to be as clear and as foolproof as possible. Making it so will not guarantee that things run perfectly. After all, a political movement that is categorically unwilling to accept electoral defeat can do a lot of damage. But just because we can’t plan for everything is not an excuse to do nothing. When you make the perfect the enemy of the good, you get neither.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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      G.O.P. Lawsuit Casts N.Y. Congressional Maps as Brazen Gerrymandering

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      A Republican-led legal effort faces an uphill battle to overturn newly drawn congressional districts, which Democrats have defended as lawful.A Republican-led group of voters filed a lawsuit late Thursday challenging New York’s freshly drawn congressional maps as unconstitutional, a day after Democratic lawmakers in Albany approved district lines that would heavily favor their party in its battle to retain control of the House.The 67-page suit argued that the new district lines violated a 2014 state constitutional amendment meant to protect against partisan district drawing, saying that Democrats had “brazenly enacted a congressional map that is undeniably politically gerrymandered in their party’s favor.”“This court should reject it as a matter of substance, as the map is an obviously unconstitutional partisan and incumbent-protection gerrymander,” said the lawsuit, which was brought by a group of 14 voters.The lawsuit, which was widely expected, is likely to face an uphill battle: State courts have traditionally been reluctant to reject maps drawn by lawmakers, and it can be difficult to prove that maps that favor one political party were drawn illegally.But the lawsuit was filed in State Supreme Court in Steuben County, a Republican stronghold in the state’s Southern Tier where judges may be more sympathetic to claims of Democratic political gerrymandering.The outcome of the challenge could hinge on how a state judge interprets an anti-gerrymandering provision in the 2014 amendment that has not been tested in court before, as well as the process lawmakers followed to draw the lines.“The question is whether the court will reject 50 years of precedent and reject the plan,” said Jeffrey Wice, a senior fellow at New York Law School’s Census and Redistricting Institute.Understand Redistricting and GerrymanderingRedistricting, Explained: Answers to your most pressing questions about the process that is reshaping American politics.Understand Gerrymandering: Can you gerrymander your party to power? Try to draw your own districts in this imaginary state.New York: Democrats’ aggressive reconfiguration of the state’s congressional map is one of the most consequential in the nation.Texas: Republicans want to make Texas even redder. Here are four ways their proposed maps further gerrymandered the state’s House districts.The judge could uphold or reject the maps, and potentially compel Democrats to redraw them — or appoint a special master to do so in a nonpartisan way should the Legislature prove unable to. The decision, if appealed, may eventually wind its way to the Court of Appeals, the state’s highest court.Democrats have rejected the charge of gerrymandering, arguing that the new lines are a fair representation of a state that is overwhelmingly Democratic and where population changes over the last decade have only served to further depopulate conservative rural areas and grow urban and suburban communities that tend to be more favorable to their party.The newly drawn maps in New York position Democrats to potentially flip three House seats in November, the largest projected shift in any state.The challenge against the maps comes as both parties continue their attempts to leverage the redistricting process nationwide, with Republicans often doing so more effectively because of their majorities in large states like Texas. Republican maps are being challenged in several states.State lawmakers in New York had long been in charge of drawing the lines, but the 2014 amendment created a 10-member bipartisan redistricting commission tasked with drawing balanced maps devoid of the type of gerrymandering that had plagued the state over decades.But the commission, as many in Albany expected, became deadlocked and failed to agree on a single set of maps last month. That mean that, under the process outlined in the law, the power to redraw the maps was reverted to the Legislature, where Democrats hold supermajorities in both chambers.Shortly after, Democratic lawmakers moved swiftly to draw and consider their own district lines. No public hearings were held, a move that was decried by Republicans and good-government groups, but which Democrats justified as necessary in order to comply with a time-sensitive electoral calendar.Democrats passed the maps on Wednesday and Gov. Kathy Hochul, a fellow Democrat, signed them into law the following day.“We are 100 percent confident that the lines are in compliance with all legal requirements,” said Mike Murphy, a spokesman for Andrea Stewart-Cousins, the Democratic majority leader in the State Senate. “They are a gigantic step forward for fairer representation and reflect the strength and diversity of New York like never before”Democrats in New York currently hold 19 seats, while Republicans control eight seats. The new maps, which include one less seat as a result of population loss, would favor Democrats in 22 of the state’s 26 congressional districts.The lawsuit filed on Thursday outlined instances, from Staten Island and Brooklyn to Long Island and the North Country, in which, the plaintiffs said, lawmakers deliberately redrew district lines to give Democrats an overall edge.How U.S. Redistricting WorksCard 1 of 8What is redistricting? More

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      Republicans Want New Tool in Elusive Search for Voter Fraud: Election Police

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      Republicans in three states have proposed strike forces against election crimes even though fraud cases remain minuscule.WASHINGTON — Reprising the rigged-election belief that has become a mantra among their supporters, Republican politicians in at least three states are proposing to establish police forces to hunt exclusively for voter fraud and other election crimes, a category of offenses that experts say is tiny at best.The plans are part of a new wave of initiatives that Republicans say are directed at voter fraud. They are being condemned by voting rights advocates and even some local election supervisors, who call them costly and unnecessary appeasement of the Republican base that will select primary-election winners for this November’s midterms and the 2024 presidential race.The next round of voting clashes comes after the apparent demise of Democratic voting rights legislation in Washington on Thursday. It is a reminder that while the Democratic agenda in Washington seems dead, Republican state-level efforts to make voting harder show no sign of slowing down.Supporters say the added enforcement will root out instances of fraud and assure the public that everything possible is being done to make sure that American elections are accurate and legitimate. Critics say the efforts can easily be abused and used as political cudgels or efforts to intimidate people from registering and voting. And Democrats say the main reason Republican voters have lost faith in the electoral system is because of the incessant Republican focus on almost entirely imagined fraud.The most concrete proposal is in Florida, where Gov. Ron DeSantis asked the State Legislature last week for $5.7 million to create a 52-person “election crimes and security” force in the secretary of state’s office. The plan, which Mr. DeSantis has been touting since the fall, would include 20 sworn police officers and field offices statewide.Gov. Ron DeSantis asked the Florida Legislature for $5.7 million to create a 52-person “election crimes and security” force in the secretary of state’s office.Chris O’Meara/Associated PressThat was followed on Thursday by a pledge by David Perdue, the former Georgia senator who is a Republican candidate for governor, to create his own force of election police “to make Georgia elections the safest and securest in the country.” Mr. Perdue, who lost his Senate seat in 2020, claimed that Gov. Brian Kemp, a Republican who is seeking re-election, weakened election standards and refused to investigate claims of fraud following President Biden’s narrow win in the state.And in Arizona, a vocal supporter of former President Donald J. Trump’s lies about a stolen election, State Senator Wendy Rogers, has filed legislation to establish a $5 million “bureau of elections” in the governor’s office with the power to subpoena witnesses and impound election equipment.Ms. Rogers’s bill probably faces an uphill road in the Legislature, where Republicans are only narrowly in control and have been battered for their support of a widely ridiculed multimillion-dollar inquiry into 2020 election results. Prospects for the Florida and Georgia proposals are less clear.The proposals are the latest twist in a decades-long crusade by Republicans against election fraud that has grown rapidly since Mr. Trump’s election loss in 2020 and his false claim that victory was stolen from him.Mr. DeSantis took a tough line in November when he unveiled his proposal, saying that the new unit would chase crimes that local election official shrug at. “There’ll be people, if you see someone ballot harvesting, you know, what do you do? If you call into the election office, a lot of times they don’t do anything,” he said at an appearance in West Palm Beach.“I guarantee you this,” he added. “The first person that gets caught, no one is going to want to do it again after that.”None of the three states — and for that matter, none of the other 47 and the District of Columbia — reported any more than a minuscule number of election fraud cases after the 2020 races. Mr. DeSantis said after the 2020 vote that his was “the state that did it right and that other states should emulate.” The only notable hint of irregularity in Florida was the recent arrest on fraud charges of four men in a retirement complex north of Orlando. At least two of them appeared to be winter Floridians accused of casting ballots both there and in more frigid states to the north.Trump supporters gathered outside the Maricopa County Recorder’s Office in downtown Phoenix as ballots were counted in November 2020.Adriana Zehbrauskas for The New York TimesBut Mr. DeSantis and Mr. Perdue say their strike forces are still needed to root out other election irregularities and to bolster their constituents’ sagging faith in the honesty of the vote. The same rationale has powered so-called audits of election results and clampdowns on election rules by Republican-run legislatures across the country.Sweeping election-law revisions enacted by Florida and Georgia legislators last spring sharply limit the use of popular drop boxes for submitting absentee ballots, require identification to obtain mail-in ballots, make it harder to conduct voter-registration drives, and restrict or ban interactions — such as handing out snacks or water — with voters waiting in line to cast ballots.Mr. Trump comfortably won Florida by about 370,000 votes in 2020, and his narrow losses in Arizona and Georgia were confirmed by expert audits, recounts and even the notorious Cyber Ninjas inquiry into the vote in Maricopa County.“We don’t need further investigations into elections that are freely and fairly conducted,” said Alex Gulotta, the Arizona director of the advocacy group All Voting Is Local. “We’ve established that again and again and again. This is more pablum to the people who believe in fraud and conspiracy theories and lies that the last election was stolen.”Neither the new laws nor election autopsies appear to have shaken the conviction of many Trump supporters that the election system is suspect. Some scholars say they see the police forces as the latest bid by politicians to scratch that itch.Bids to curb so-called fraud are becoming standard for Republican candidates who want to win over voters, Barry Burden, the director of the Elections Research Center at the University of Wisconsin-Madison, said in an interview. “Whoever is the nominee in 2024, whether it’s Trump or anyone else, it will likely be part of their platform,” Mr. Burden said.The idea of an election police force is not new, even in the states where they are being proposed. In Georgia, Secretary of State Brad Raffensperger already oversees 23 investigators whose purview includes election irregularities, and an assistant state attorney general exclusively prosecutes crimes in elections, the judiciary and local governments. The Arizona attorney general manages a relatively new “election integrity” investigative unit, and Florida election violations are prosecuted by both state and local authorities, as is true in most states. More

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      How Jan. 6 Gave the 14th Amendment New Life

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      Legal scholars say a long-forgotten provision of the Constitution could bar from office anyone who encouraged the Capitol riot.An obscure 19th-century provision of the U.S. Constitution that barred members of the Confederacy from holding political office is back in the national conversation — and some are hoping it can keep Donald J. Trump and his allies off the ballot.After the Civil War, Congress sought to remake the politics of the states they had just defeated on the battlefield. Fearing that the grandees of the Old South would slink back to power, they crafted Section 3 of the 14th Amendment, known as the Disqualification Clause.The provision applied to anyone who had previously taken an oath to support the Constitution and then either “engaged in insurrection or rebellion” against the United States or gave “aid or comfort to the enemies thereof.”The clause, tucked into an amendment better known for extending citizenship to African Americans, was largely an object of academic curiosity until last week. That’s when lawyers representing a group of North Carolina voters filed a novel legal challenge seeking to keep Representative Madison Cawthorn off the ballot this year.Cawthorn is a close ally of Mark Meadows, Trump’s former chief of staff, and has made comments suggesting he supported the Jan. 6 riot at the Capitol. The complaint alleged that his actions trigger the Disqualification Clause, making him ineligible to serve in Congress.Cawthorn has shrugged off the challenge.“Over 245,000 patriots from Western North Carolina elected Congressman Cawthorn to serve them in Washington,” said Luke Ball, a spokesman for Cawthorn. “A dozen activists who are comically misinterpreting and twisting the 14th Amendment for political gain will not distract him from that service.”For now, the challenge is on hold while redistricting litigation in the state plays out. But it’s likely to be just one of many similar actions to come.“Madison Cawthorn was the first, but it’s safe to say he won’t be the last,” Ron Fein, a lawyer for Free Speech for People, the group behind the complaint, said in an interview.An outside-in strategyWin or lose, the Cawthorn case could help investigators in Washington by unlocking new evidence about the North Carolina lawmaker’s activities related to Jan. 6. He might have to sit for a deposition and have to turn over, say, his phone and email records.As the litigation makes its way through the court system, it could also help clear up a few broader questions:Was Jan. 6 an “insurrection,” legally speaking?What does it mean to be “engaged” in insurrection, and what level of involvement triggers the Disqualification Clause?Does Congress need to pass a law or resolution to activate it?“Most people, me included, think it was an insurrection, but neither Congress nor the courts have made that official determination,” said Mark Graber, a legal historian at the University of Maryland.Laurence Tribe, an influential law professor at Harvard University, has held private conversations with several members of Congress on the topic as they puzzle through how statutes written in the 1860s might apply in an entirely new context. And while Tribe’s view is that Jan. 6 was indeed an insurrection, it is by no means obvious how courts will interpret the 14th Amendment without clearer signals from Congress.“You’re dealing with a very murky and open area of constitutional law,” Tribe said in an interview.Even one of the foremost experts on the Disqualification Clause, Gerard Magliocca of Indiana University, called it “vestigial” in a well-timed paper on the subject published in 2020 three weeks before Jan. 6. He has since become an advocate for applying it to disqualify Trump from running for president in 2024.“We have to dust it off,” said Representative Jamie Raskin, a Democrat of Maryland who has consulted with Tribe on the topic. “It hasn’t been used in more than a century.”In fact, it’s been used precisely once since the Reconstruction era — in the 1919 case of Victor L. Berger, a socialist from Wisconsin who was removed from Congress after being accused of harboring pro-German sympathies. Berger was later reinstated when the Supreme Court tossed out his conviction for espionage, on the grounds that the judge harbored an anti-German bias.Fox News weighs inFor now, the Disqualification Clause is getting more attention on Fox News than it is within Congress — driven almost entirely by a single tweet from Marc Elias, the Democratic Party’s top election lawyer, who had predicted the provision might soon arise in litigation.Tucker Carlson, the Fox News opinion host, held a nearly four-minute segment on Elias’s 38-word post.“So, if you don’t want to lose the Congress, just ban the other side from running,” Carlson said sarcastically, going on to compare the idea that Jan. 6 was an insurrection to a belief in U.F.O.s.“This would require establishing that such individuals supported an actual insurrection,” Laura Ingraham, Carlson’s Fox News colleague, said of the Elias tweet a day later. “Good luck with that.”Inside the committee investigating the Jan. 6 riot, however, the Disqualification Clause has not come up in any detail.Some Democratic lawmakers — including Raskin, Senator Tim Kaine of Virginia and a few others — did float the idea a year ago. At the time, they were searching for a way to hold Trump accountable that would require only a simple majority vote in the Senate.But when Democratic legal experts investigated the concept, they determined that the Disqualification Clause was not “self-executing” — that is, Congress would need to pass a law or resolution to use it and clarify how it applies today. One can’t just declare someone an insurrectionist, they decided; Congress has to create the legal infrastructure to try someone and give them due process before taking away their right to hold public office. That made it less attractive as an alternative to impeachment.Depending on what the Jan. 6 panel uncovers, it’s possible to imagine the committee will recommend punishing lawmakers who were somehow involved in the riot. It’s also possible Democrats will decide to take their case to voters instead.Key Figures in the Jan. 6 InquiryCard 1 of 16The House investigation. More

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      Emily’s List Presses Kyrsten Sinema Over Filibuster Stance

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      The powerful political action committee said the Arizona senator could find herself “standing alone” in 2024 if she refuses to change Senate rules to force through voting rights legislation.WASHINGTON — One of the largest contributors to Senator Kyrsten Sinema’s political rise announced on Tuesday that it would cut off its financial support if the senator continues to refuse to change the Senate’s filibuster rules to allow for passage of far-reaching voting rights legislation.Emily’s List, the largest funder of female Democratic candidates who support abortion rights, made the extraordinary announcement as the Senate barreled toward votes this week on a bill to reverse restrictions on voting passed by a number of Republican-led state legislatures.If, as expected, Republicans block the bill with a filibuster, Democratic leaders plan to try to change the Senate’s rules to overcome the minority party’s opposition. To do that, Democratic leaders would need all 50 members of their caucus on board. But Ms. Sinema, Democrat of Arizona, has said she will not vote to change the rules, making her — along with another holdout from her party, Senator Joe Manchin III of West Virginia — a target of liberal activists’ ire.“Understanding that access to the ballot box and confidence in election results are critical to our work and our country, we have joined with many others to impress upon Senator Sinema the importance of the pending voting rights legislation in the Senate,” Laphonza Butler, the president of Emily’s List, said in a statement. “So far those concerns have not been addressed.”She added, “Right now, Senator Sinema’s decision to reject the voices of allies, partners and constituents who believe the importance of voting rights outweighs that of an arcane process means she will find herself standing alone in the next election.”In a statement on Tuesday night, Ms. Sinema noted that the filibuster “has been used repeatedly to protect against wild swings in federal policy, including in the area of protecting women’s health care.”“Different people of good faith can have honest disagreements about policy and strategy,” she said. “Such honest disagreements are normal, and I respect those who have reached different conclusions on how to achieve our shared goals of addressing voter suppression and election subversion, and making the Senate work better for everyday Americans.”Emily’s List faced growing pressure from liberal activists and its own donors to take a stand ahead of this week’s showdown. The group was by far Ms. Sinema’s biggest donor in her run for the Senate in 2018, and potential primary challengers for her next run in 2024, such as Representative Ruben Gallego of Arizona, have begun making some noise.Senator Elizabeth Warren, Democrat of Massachusetts, pointedly declined on Tuesday to rule out backing a primary challenge to Ms. Sinema.“We’ll address that when we get past this week,” Ms. Warren said on “CBS Mornings” when pressed on the matter.Senator Bernie Sanders, independent of Vermont, also hinted that he could support a primary challenge to Ms. Sinema or Mr. Manchin.Understand the Battle Over U.S. Voting RightsCard 1 of 6Why are voting rights an issue now? More

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      Democrats Face a Dilemma on Voting: Compromise or Keep Pressing?

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      With their broad voting rights push nearing a dead end, Democrats must soon decide whether to embrace a far narrower bipartisan effort to protect vote counting and administration.WASHINGTON — With their drive to secure far-reaching voting rights legislation nearing a dead end, Senate Democrats face a decision they had hoped to avoid: Should they embrace a much narrower, bipartisan effort to safeguard the vote-counting process, or continue what increasingly looks like a doomed push to protect access to the ballot box?A growing group of Senate Republicans and centrist Democrats is working on legislation to overhaul the Electoral Count Act, the 19th-century law that former President Donald J. Trump sought to exploit to overturn the 2020 presidential election. That effort is expanding to include other measures aimed at preventing interference in election administration, such as barring the removal of nonpartisan election officials without cause and creating federal penalties for the harassment or intimidation of election officials.Democratic leaders say they regard the effort as a trap — or at least a diversion from the central issue of voter suppression that their legislation aims to address. They argue that the narrower measures are woefully inadequate given that Republicans have enacted a wave of voting restrictions in states around the country that are geared toward disenfranchising Democratic voters, particularly people of color.Still, even if there is no consensus to be found on a bill addressing how votes are cast, proponents say there is a growing sentiment in favor of ensuring that those that are cast are fairly counted.“There is a lot of interest, a lot of interest,” said Senator Susan Collins, Republican of Maine, who is leading one effort with Senators Kyrsten Sinema of Arizona and Joe Manchin III of West Virginia, both centrist Democrats, and Senators Mitt Romney of Utah, Thom Tillis of North Carolina, Roger Wicker of Mississippi and Joni Ernst of Iowa, all Republicans.Senators Susan Collins, Republican of Maine, and Joe Manchin III, Democrat of West Virginia, are part of a group working on a narrower bill to ensure votes are fairly counted.Stefani Reynolds for The New York TimesSenator Jeanne Shaheen, Democrat of New Hampshire, also listened in on a call on the matter this month but remains noncommittal.“I’m not saying this is going to be easy,” Ms. Collins added, “but I’m optimistic.”A separate group — including two Democratic senators, Richard J. Durbin of Illinois and Amy Klobuchar of Minnesota, and Senator Angus King, a left-of-center independent from Maine — is looking at changing how Congress formalizes the election results to head off another attempt like the one Mr. Trump made to have allies on Capitol Hill try to toss out state electoral votes.But most Democrats are reluctant even to discuss the matter until after the far more comprehensive voting rights bill they call the Freedom to Vote Act is put to rest next week, a near certainty after Ms. Sinema and Mr. Manchin said this week that they would not vote to change Senate rules on the filibuster to enable their party to push it through unilaterally.“There are two issues going on right now in the country. One is voter suppression — these subtle laws that make it harder for people to vote,” Mr. King said. “The other piece is voting administration, where you get into substituting partisan people for nonpartisan administrators, purging voter election boards, allowing election boards to eliminate polling places and also the whole mechanics of counting.”He added, “There’s a reasonable opportunity here for a bipartisan bill, but my concern is that it will be viewed as a substitute for the Freedom to Vote Act, and that’s just not the case.”Members of both parties are concerned about the counting and certification of ballots after they have been cast. President Biden was emphatic on the point when he emerged Thursday from a fruitless lunch with Senate Democrats, pleading with them to change the filibuster rules around voting.“The state legislative bodies continue to change the law not as to who can vote, but who gets to count the vote, count the vote, count the vote,” he said, his voice rising in anger. “It’s about election subversion.”And some academic experts say protecting election administration and vote counting, at this moment, is actually more critical than battling restrictions on early and absentee voting and ballot drop boxes.“I’ve been saying this for the last year: The No. 1 priority should be ensuring we have a fair vote count,” said Richard L. Hasen, a law professor at the University of California, Irvine, who has drafted his own prescriptions for safeguarding elections after Election Day. “We are in a new level of crisis. I never expected in the contemporary United States that we would have to have legislation around a fair vote count, but we have to have it now.”Senator Mitch McConnell of Kentucky, the Republican leader, has opened the door a crack to changing the Electoral Count Act, which Mr. Trump and his legal advisers speciously claimed gave the vice president the power to unilaterally reject the electors from states deemed contested.“It obviously has some flaws. And I think it should be discussed,” Mr. McConnell told reporters on Tuesday. “That is a totally separate issue from what they’re peddling on the Democratic side.”Senator Mitch McConnell, the Republican leader, has opened the door to a narrower effort by saying the Electoral Count Act has flaws.Tom Brenner for The New York TimesDemocrats are leery. They fear Republicans want to reassure Mr. Manchin and Ms. Sinema that if, as promised, they reject their party’s efforts to do away with the filibuster to pass voting rights legislation, they will have the bipartisan alternative they crave.Senator Chuck Schumer of New York, the majority leader, has said not only would that alternative be wholly insufficient, but it also would probably not materialize.In 2019, as Democrats were pushing for gun safety legislation after a pair of mass shootings, Republican leaders who opposed the bill raised the prospect of narrower legislation to help law enforcement take guns from those who pose an imminent danger. Once the Democratic bills failed, the more modest one did, too.Understand the Battle Over U.S. Voting RightsCard 1 of 6Why are voting rights an issue now? More

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      Before Elections, Georgia Republicans Again Consider Voting Restrictions

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      A sweeping 2021 law drew a legal complaint from the Justice Department. Legislators in the state are considering several new measures focused on ballot access and fraud investigations.ATLANTA — Butch Miller, a Republican leader of the Georgia State Senate, is running for lieutenant governor and faces a tough fight this spring against a primary opponent backed by former President Donald J. Trump.So perhaps it is no surprise that Mr. Miller, a co-sponsor of a sweeping and restrictive state voting law last year, has once again jumped into the fray, promoting a new measure to prohibit the use of drop boxes for absentee ballots, which he says would increase security — though no problems with their use by voters have been verified.“Drop boxes are the weakest link in our election security,” Mr. Miller said in a statement. “This change removes that weakest link without doing anything to prevent access. It’s actually easier to vote early in person — and we provide far more days than most states for that.”Georgia was a key to President Biden’s victory as well as the Democratic takeover of the Senate, and this is the second year that the state’s Republicans are focused on voting restrictions. Mr. Miller’s proposal is among a raft of new bills that underscore how much Republicans have embraced Mr. Trump’s false narrative that voter fraud cost him the 2020 election.One measure under consideration would allow Georgians to use paper ballots if they have concerns about the recently purchased touch-screen voting machines that were the subject of fantastical fraud claims promulgated by some of Mr. Trump’s supporters.Another proposal would allow the Georgia Bureau of Investigation to open inquiries into allegations of voter fraud. Yet another would create a constitutional amendment to prevent noncitizens from voting — even though they are already barred from voting under existing state law.An absentee ballot box in Atlanta before the 2020 general election. Republicans have zeroed in on the Democratic stronghold with an investigation into the Fulton County election board. Lynsey Weatherspoon for The New York TimesAt the same time, the elections board in Fulton County, the most populous in the state and a Democratic stronghold, is the subject of a state investigation of its management practices. In theory, this investigation could lead to a Republican-directed takeover of the local election board — one that was made possible by the 2021 election law.The investigation, and the new proposals before the Republican-controlled legislature, has triggered fresh anger among Democrats who believe that the measures could contribute to an already unfair playing field in a state where numerous Trump-backed candidates are running for statewide offices.“The most disturbing thing is that the people who have an iron grip on power in the General Assembly believe that they have to continue to suppress voting in order to maintain that iron grip,” said David Worley, a Democrat and former member of the state elections board. “And they’re willing to try any method at hand to do that.”Though Republicans dominate the state legislature, some of the proposals may prove to be, at most, performative gestures by lawmakers eager to show the party’s base that they are responsive to Trump-fueled concerns about voter fraud. The measure that would expand the role of the state investigations bureau, backed by the powerful House speaker, David Ralston, may have the greatest chance of success.Gov. Brian Kemp, a Republican, sounded a less than enthusiastic note this week about going much further than the 2021 voting law, which he called “the No. 1-ranked elections integrity act in the country.”More than any other state, Georgia was the linchpin of Democrats’ fortunes in 2020, said Larry Sabato, a veteran political analyst and the director of the University of Virginia Center for Politics. The Republican stronghold not only flipped for Mr. Biden but delivered the Senate to him.“That’s why the new voting rules in Georgia and elsewhere matter so much,” he said. “Will they shave just enough votes from the Democratic column to put Republicans firmly back in the driver’s seat? If the G.O.P. sees that no penalty is paid for voter suppression, surely that will encourage Republicans to do it wherever they can get away with it.”He added: “In both 2022 and 2024, Georgia is going to be the canary in the coal mine. And it’s a pretty damn big canary.”State Senator Mike Dugan of Georgia shook hands last year with a fellow Republican state senator, Jeff Mullis, after the passage of a bill that would enact new voting restrictions. Ben Gray/Associated PressIn a year that saw Republican-led legislatures nationwide pile new restrictions on voting, the elections law that Georgia lawmakers passed last spring was less notable for its severity than for its specificity. The measure took dead aim at the record 1.3 million absentee votes cast the previous November, disproportionately by Democrats. It did so by sharply reining in the use of drop boxes that were favored by mail-in voters, imposing ID requirements on absentee ballots and raising stiff barriers to the distribution of mail-in ballot applications by both local officials and voting drives.Atop that, the law allowed for state takeovers of county election boards, banned mobile voting sites in heavily Democratic Atlanta and even barred residents from providing food and water to voters waiting in line at the polls.The 2021 statute drew a number of legal challenges, including by the U.S. Department of Justice, which argues that the law violates the federal Voting Rights Act by making it harder to vote and that it was racially motivated. Major League Baseball moved its All-Star Game out of the state in protest.The state law, as well as federal voting rights legislation praised by Mr. Biden in a visit to Atlanta this week, is expected to be front and center in upcoming statewide campaigns. The governor’s race is likely to pit the country’s best-known voting rights advocate, Stacey Abrams, a Democrat, against either Mr. Kemp, whom Ms. Abrams has openly accused of voter suppression in her 2018 race against him, or former Senator David Perdue, Mr. Kemp’s Republican primary challenger, who has echoed Mr. Trump’s baseless fraud claims.In Atlanta on Tuesday, President Biden urged passage of federal legislation to protect the right to vote and the integrity of elections.Doug Mills/The New York TimesOn Tuesday, Mr. Kemp, in a news conference preceding Mr. Biden’s speech, defended the 2021 election law, saying that the Biden administration had “lied” about it — a reference to Mr. Biden’s untrue assertion that the law “ends voting hours early.”He blamed Mr. Biden, Ms. Abrams and Vice President Kamala Harris for the backlash to the law, including the loss of the All-Star Game, which he said had cost the state $100 million. He warned that the federal voting rights laws Mr. Biden was pushing for amounted to a political grab by Democrats.“Make no mistake,” he said, “Georgia is ground zero for the Biden-Harris assault on election integrity, as well as an attempt to federalize everything from how hard-working Georgians run their businesses, to what our kids are taught in school, to how we run elections.”Mr. Kemp and Brad Raffensperger, Georgia’s Republican secretary of state, have both earned places atop Mr. Trump’s list of enemies for defying the former president’s demands that they help overturn his narrow electoral loss in Georgia.The Trump InvestigationsCard 1 of 6Numerous inquiries. More