More stories

  • in

    Ohio is facing a chemical disaster. Biden must declare a state of emergency | Steven Donziger

    Ohio is facing a chemical disaster. Biden must declare a state of emergencySteven DonzigerA train derailed and flooded a town with cancer-causing chemicals. But something larger, and more troubling, is at work Earlier this month, a train carrying toxic chemicals derailed in eastern Ohio, exploding into flames and unleashing a spume of chemical smoke on the small town of East Palestine. The train’s freight included vinyl chloride, a chemical known to cause liver cancer and other sicknesses.In response, government and railway officials decided to “burn off” the vinyl chloride – effectively dumping 1.1m lbs of the chemical into the local community, according to a new lawsuit. Officials said that they did so to avert the vinyl chloride from exploding; in contrast, an attorney for the lawsuit has said that the decision was cheap, unsafe, and more interested in restoring train service and appeasing railway shareholders than protecting local residents.East Palestine residents are reporting headaches, sore throats, and burning eyes; dead pets and chickens; and thousands of fish corpses in nearby waterways. The Ohio Department of Natural Resources has said that approximately 3,500 fish, of 12 different species, died across 7.5 miles.In other words, Norfolk Southern’s “controlled burn” may have caused a mushroom cloud of poison to spread over eastern Ohio. The situation demands immediate action from President Biden. Without it, thousands of people – including children and the elderly – and animals will be at continued risk of premature death. Biden must declare a state of emergency and create an independent taskforce to take over the remediation of this eco-catastrophe.Norfolk Southern “basically nuked a town with chemicals” to “get a railroad open”, a former hazmat technician told a local news outlet. It certainly seems like a company with a $55bn market cap chose to sacrifice the health of thousands of people to keep its profits flowing.We need to try to understand how this happened.For one thing, even the initial derailment wasn’t necessarily just an “accident.” It was a function of our out-of-control corporate culture in the United States, which has neutered effective government oversight of hazardous activities – including the rail transport of highly flammable and carcinogenic chemicals. The EPA’s response thus far has been to send a feckless letter to Norfolk Southern pleading it pay for clean-up.That’s not going to cut it. We need to do better.In terms of the sheer quantity of carcinogenic chemicals being released over an area of hundreds of miles, the catastrophe in Ohio is a major, unprecedented public health crisis. Biden must publicly recognize it as such and act to protect the people who live in the affected area. This requires a rapid, all-of-government response overseen not by the EPA but by independent scientists and taskmasters who will be immune to pressure from industry. This sort of taskforce must be willing to threaten the suspension or even nationalization of Norfolk Southern if it does not cooperate.After battling an oil company over the discharge of toxic waste in the Amazon, I can say with some assurance that Norfolk’s response to this crisis so far comes from a time-tested corporate strategy: manage the situation as a public relations challenge and not the humanitarian and ecological catastrophe that it is. Norfolk’s leadership bailed out of a townhall meeting this week, blaming security risks, and has refused to face residents to answer questions.That’s certainly cowardice. But it is also a function of the fact that industry does not respect the power of government to regulate it. Government is supposed to protect us from the excesses of industry; instead it often acts like its partner.If the consequences of not attending had included a sufficient threat to his bottom line, Norfolk Southern CEO Alan Shaw – who earns a reported $4.5m a year – probably would have been at the town hall. And if the government had been doing its job in the first place, there is a good chance this accident would not have happened. During the Trump administration, Norfolk successfully lobbied to repeal a safety rule requiring new electronic brakes. The train was also dangerously long – with only two crew members, and a trainee, supervising its 1.7-mile length.I’m not a scientist. But I know a fair amount about toxicology and how the world’s polluters use a playbook invented by law firms and consultants to downplay the impact of major disasters and lower their legal liability. Local and state officials – who may be under enormous pressure from these industries in the form of campaign donations – often work alongside polluters to “manage” disasters’ political fallout.It’s a one-two punch of disaster mismanagement that is playing out now, in Ohio, with awful consequences for people and the planet. Here are three takeaways about what is really happening and what needs to be done:Be skeptical of claims by authorities that it is “safe” to return to the area. The EPA and state environmental officials have been opaque about what chemicals are being tested for and by what methods, and news reports haven’t indicated any plans so far for any sort of environmental restoration. We also do not know what new chemical compounds the so-called “controlled” burn may have created, and whether tests have been run for those chemicals. In fact, test results have not even been released publicly.Bottom line: there is no transparent scientific or public health basis for declaring the area safe. Until there is, I wouldn’t go near the site of the disaster.The EPA can help, but cannot oversee a clean-up. Corporate lobbying in recent years has undermined the ability of the EPA to regulate industry. Under the Trump administration, chemical lobbyists took over important jobs on the inside and the agency is severely understaffed. Further, the EPA is required by Congress to “balance” industry needs with public safety. It is not focused solely on protecting the community. It sent a letter to Norfolk pleading with it to pay for a cleanup; a real government would have sent a disaster management team to Ohio to take over.Longer-term, the railway industry needs to be revamped. We have civil-war era braking systems on trains carrying deadly chemicals though our communities. Railway unions and whistleblowers have repeatedly raised safety concerns only to be ignored. A new industry concept called “precision scheduling” has pushed trains and workers to the breaking point to extract greater profits for shareholders, which include some of the largest hedge funds on Wall Street.Our government institutions as currently constituted are unable or unwilling to respond effectively to industrial disasters. It is preposterous for any ostensibly advanced country to let a massive chemical polluter clean up a mess like this on its own terms and without effective oversight. This is not an isolated incident. Unless we demand accountability, it will happen again.President Biden: the ball is in your court.
    Steven Donziger is a human rights and environmental lawyer, a Guardian US columnist, and the creator of the Substack newsletter Donziger on Justice
    TopicsPollutionOpinionOhioUS politicsJoe BidenBiden administrationUS Environmental Protection AgencycommentReuse this content More

  • in

    The Key Senate Races to Watch in 2024

    Emily Elconin for The New York TimesIn Michigan, which has an open seat, Representative Elissa Slotkin, a Democrat who comfortably won re-election in November, is also taking steps toward a possible Senate run in 2024. Her moves include forming a national campaign team and meeting with leaders across the state, a person close to the congresswoman confirmed last week. More

  • in

    States Push for New Voting Laws With an Eye Toward 2024

    Republicans are focused on voter ID rules and making it harder to cast mail ballots, while Democrats are seeking to expand access through automatic voter registration.The tug of war over voting rights and rules is playing out with fresh urgency at the state level, as Republicans and Democrats fight to get new laws on the books before the 2024 presidential election.Republicans have pushed to tighten voting laws with renewed vigor since former President Donald J. Trump made baseless claims of fraud after losing the 2020 election, while Democrats coming off midterm successes are trying to channel their momentum to expand voting access and thwart efforts to undermine elections.States like Florida, Texas and Georgia, where Republicans control the levers of state government, have already passed sweeping voting restrictions that include criminal oversight initiatives, limits on drop boxes, new identification requirements and more.While President Biden and Democrats in Congress were unable to pass federal legislation last year that would protect voting access and restore elements of the landmark Voting Rights Act stripped away by the Supreme Court in 2013, not all reform efforts have floundered.In December, Congress updated the Electoral Count Act, closing a loophole that Mr. Trump’s supporters had sought to exploit to try to get Vice President Mike Pence to overturn the 2020 election results on the day of the Jan. 6, 2021, Capitol riot.Now the focus has returned to the state level. Here are some of the key voting measures in play this year:Ohio Republicans approve new restrictions.Ohioans must now present a driver’s license, passport or other official photo ID to vote in person under a G.O.P. measure that was signed into law on Jan. 6 by Gov. Mike DeWine, a Republican.The law also set tighter deadlines for voters to return mail-in ballots and provide missing information on them. Absentee ballot requests must be received earlier as well.Republicans, who control the Legislature in Ohio, contend that the new rules will bolster election integrity, yet they have acknowledged that the issue has not presented a problem in the state. Overall, voter fraud is exceedingly rare.Several voting rights groups were quick to file a federal lawsuit challenging the changes, which they said would disenfranchise Black people, younger and older voters, as well as those serving in the military and living abroad.Texas G.O.P. targets election crimes and ballot initiatives.Despite enacting sweeping restrictions on voting in 2021 that were condemned by civil rights groups and the Justice Department in several lawsuits, Republican lawmakers in Texas are seeking to push the envelope further.Politics Across the United StatesFrom the halls of government to the campaign trail, here’s a look at the political landscape in America.2023 Races: Governors’ contests in Kentucky, Louisiana and Mississippi and mayoral elections in Chicago and Philadelphia are among the races to watch this year.Democrats’ New Power: After winning trifectas in four state governments in the midterms, Democrats have a level of control in statehouses not seen since 2009.G.O.P. Debates: The Republican National Committee has asked several major TV networks to consider sponsoring debates, an intriguing show of détente toward the mainstream media and an early sign that the party is making plans for a contested 2024 presidential primary.An Important Election: The winner of a seat on the Wisconsin Supreme Court in April will determine who holds a 4-to-3 majority in a critical presidential battleground state.Dozens of bills related to voting rules and election administration were filed for the legislative session that began this month. While many are from Democrats seeking to ease barriers to voting, Republicans control both chambers of the Texas Legislature and the governor’s office. It is not clear which bills will gain the necessary support to become laws.Some G.O.P. proposals focus on election crimes, including one that would authorize the secretary of state to designate an election marshal responsible for investigating potential election violations.“Similar bills have passed in Florida and in Georgia,” said Jasleen Singh, a counsel in the Democracy Program at the Brennan Center for Justice. “We should be concerned about whether this will happen in Texas as well.”Under another bill, a voter could request that the secretary of state review local election orders and language on ballot propositions and reject any that are found to be “misleading, inaccurate or prejudicial,” part of a push by Republicans in several states to make it harder to pass ballot measures after years of progressive victories.One proposal appears to target heavily populated, Democratic-controlled counties, giving the state attorney general the power to appoint a special prosecutor to investigate voter fraud allegations if local officials decline to do so. Another bill goes further, allowing the attorney general to seek an injunction against local prosecutors who don’t investigate claims of voter fraud and pursue civil penalties against them.A 19-year-old registering to vote in Minnesota, where Democrats introduced a bill that would allow applicants who are at least 16 years old to preregister to vote. Tim Gruber for The New York TimesDemocrats in Minnesota and Michigan go on offense.Democrats are seeking to harness their momentum from the midterm elections to expand voting access in Minnesota and Michigan, where they swept the governors’ races and legislative control.In Minnesota, the party introduced legislation in early January that would create an automatic voter registration system and allow applicants who are at least 16 years old to preregister to vote. The measure would also automatically restore the voting rights of convicted felons upon their release from prison and for those who do not receive prison time as part of a sentence.In Michigan, voters approved a constitutional amendment in November that creates a nine-day early voting period and requires the state to fund absentee ballot drop boxes. Top Democrats in the state are also weighing automatic voter registration and have discussed criminalizing election misinformation.Pennsylvania Republicans want to expand a voter ID law.Because of the veto power of the governor, an office the Democrats held in the November election, Republicans in Pennsylvania have resorted to trying to amend the state constitution in order to pass a voter ID bill.The complex amendment process, which ultimately requires putting the question to voters, is the subject of pending litigation.Both chambers of the Legislature need to pass the bill this session in order to place it on the ballot, but Democrats narrowly flipped control of the House in the midterms — and they will seek to bolster their majority with three special elections next month.“If the chips fall in a certain way, it is unlikely that this will move forward and it might quite possibly be dead,” said Susan Gobreski, a board member of the League of Women Voters of Pennsylvania. “But it ain’t dead yet.”Gov. Josh Shapiro has indicated an openness to compromise with Republicans on some voting rules.“I’m certainly willing to have an honest conversation about voter I.D., as long as that is something that is not used as a hindrance to voting,” Mr. Shapiro said in an interview in December.First-time voters and those applying for absentee ballots are currently required to present identification in Pennsylvania, but Republicans want to expand the requirement to all voters in every election and have proposed issuing voter ID cards. Critics say the proposal would make it harder to vote and could compromise privacy.Mr. Shapiro has separately said he hoped that Republicans in the legislature would agree to change the state’s law that forbids the processing of absentee ballots and early votes before Election Day. The ballot procedures, which can drag out the counting, have been a flash point in a series of election lawsuits filed by Republicans.Georgia’s top election official, a Republican, calls to end runoff system.Early voting fell precipitously in Georgia’s nationally watched Senate runoff in December after Republicans, who control of state government, cut in half the number of days for casting ballots before Election Day.Long lines at some early-voting sites, especially in the Atlanta area, during the runoff led to complaints of voter suppression.But the G.O.P. lost the contest, after a set of runoff defeats a year earlier that gave Democrats control of the Senate.Now Brad Raffensperger, a Republican who is Georgia’s secretary of state and its top election official, wants to abandon the runoff system altogether, saying that the condensed timeline had put added strain on poll workers.Critics of ranked-choice voting cited the system as being instrumental to the re-election last year of Senator Lisa Murkowski, a centrist Republican.Ash Adams for The New York TimesRepublicans in Alaska want to undo some voting changes approved in 2020.After a special election last year and the midterms, when Alaska employed a novel election system for the first time, some conservatives reeling from losses at the polls have directed their ire at a common target: ranked-choice voting.At least three Republican lawmakers have introduced bills seeking to repeal some of the electoral changes that were narrowly approved by voters in 2020, which introduced a “top-four” open primary and ranked-choice voting in general elections. In addition to deciding winners based on the candidate who receives the most votes, the bills also seek to return to a closed primary system, in which only registered party members can participate.Supporters of the new system contend that it sets a higher bar to get elected than to simply earn a plurality of votes.But critics have called the format confusing. Some have blamed it for the defeat of Sarah Palin, the Republican former governor and 2008 vice-presidential nominee, in a special House election in August and again in November for the same office.They also cited the system as being instrumental to the re-election last year of Senator Lisa Murkowski, a centrist Republican who angered some members of her party when she voted to convict Mr. Trump at his impeachment trial after the Jan. 6 attack.Still, Republican foes of ranked-choice elections could face hurdles within their own party. According to The Anchorage Daily News, the incoming Senate president, a Republican, favors keeping the system in place.Nebraska Republicans aim to sharply curb mail voting.Nebraska does not require voters to provide a reason to vote early by mail, but two Republican state senators want to make wholesale changes that would mostly require in-person voting on Election Day.Under a bill proposed by Steve Halloran and Steve Erdman, G.O.P. senators in the unicameral legislature, only members of the U.S. military and residents of nursing homes and assisted living facilities could vote by mail.The measure would further require all ballots to be counted on Election Day, which would become a state holiday in Nebraska, along with the day of the statewide primary.The League of Women Voters of Nebraska opposes the bill and noted that 11 of the state’s 93 counties vote entirely by mail under a provision that gives officials in counties with under 10,000 people the option to do so.“This is an extreme bill and would be very unpopular,” MaryLee Mouton, the league’s president, said in an email. “When most states are moving to expand voting by mail, a bill to restrict vote by mail would negatively impact both our rural and urban communities.”In the November election, Nebraskans overwhelmingly approved a ballot initiative that created a statewide photo ID requirement for voting.A Republican bill in Missouri would hunt for election fraud.In Missouri, where Republicans control the governor’s office and Legislature, one G.O.P. bill would create an Office of Election Crimes and Security. The office would report to the secretary of state and would be responsible for reviewing election fraud complaints and conducting investigations.Its investigators would also be authorized to enter poling places or offices of any election authority on Election Day, during absentee voting or the canvass of votes. More

  • in

    Matt Dolan, a Republican, Will Challenge Senator Sherrod Brown in Ohio

    Mr. Dolan, a state senator whose family owns the Cleveland Guardians baseball team, will compete for the Republican nomination against one of the most vulnerable Democratic senators.State Senator Matt Dolan of Ohio, a Republican, announced on Tuesday that he would run for the United States Senate against Sherrod Brown, one of the most vulnerable Democrats in 2024.It will be Mr. Dolan’s second Senate campaign, after he finished third in the Republican primary for an open seat in Ohio last year. The winner of that primary, J.D. Vance, went on to win the general election.Mr. Dolan’s family owns the Cleveland Guardians baseball team, and he used millions of dollars of his own money to fund his first campaign, in which he won about 23 percent of the primary vote — finishing significantly behind Mr. Vance and narrowly behind the second-place finisher, Josh Mandel.In his campaign announcement on Tuesday, Mr. Dolan, the chairman of the Ohio Senate’s finance committee, emphasized border security, fighting inflation and his support for the police. He accused Mr. Brown of “blind loyalty to his party.”“Ohioans want a problem solver who has successfully faced big challenges impacting our quality of life, not the political blame game that lacks commonsense solutions,” he said. “I have a proven conservative record of success that has yielded results for Ohio families, workers and businesses.”A tough line on immigration was also a hallmark of Mr. Dolan’s 2022 campaign, though he broke from his opponents’ hard-right line on at least one specific policy: He supported the preservation of H-1B visas that allow immigrants to work temporarily in certain industries.Mr. Dolan is a former chief assistant prosecutor in Geauga County, east of Cleveland, and a former assistant state attorney general.Ohio, a former swing state that has moved toward Republicans in recent years, represents one of several opportunities for the G.O.P. to pick up a Senate seat in 2024, with Democratic incumbents in the red states of Montana and West Virginia also up for re-election.Mr. Brown, a three-term senator and former representative, has won difficult races before, though, including in 2018, when he won re-election by more than six percentage points just two years after Donald J. Trump won in Ohio by eight.Mr. Brown has shown strong — and enduring, even in the past few years — appeal among the blue-collar voters who are essential in Ohio elections. As chairman of the Senate Banking Committee, he has pushed for more oversight of Wall Street and more consumer protections. He has also been a vocal proponent of expanding the child tax credit and other elements of the social safety net, including the Supplemental Security Income program for disabled and older Americans.A spokesman for Mr. Brown did not immediately respond to a request for comment on Mr. Dolan’s announcement, but Mr. Brown’s campaign quickly sent a fund-raising email to supporters calling Mr. Dolan “the first of what we expect to be many challengers jumping into the race.”Among others, Republicans are watching Frank LaRose, the Ohio secretary of state, who has not announced whether he will run but is widely expected to do so. More

  • in

    Republicans lead charge to ban noncitizens from voting in local elections

    Republicans lead charge to ban noncitizens from voting in local electionsEight states have passed laws against ballot access, even as some progressive cities are extending local voting rights Louisiana voters recently approved a constitutional amendment barring anyone who is not a US citizen from participating in elections, becoming the eighth state to push back against the growing number of progressive cities deciding to allow noncitizens to vote in local elections.Conservative donors pour ‘dark money’ into case that could upend US voting lawRead moreWhile noncitizens are prohibited from voting in federal elections and no states allow noncitizens to vote for statewide office, ambiguous language in constitutions has allowed localities to pass statutes legalizing noncitizen voting in local or school board elections. A short but expanding list of cities include two cities in Vermont, almost a dozen in Maryland, and San Francisco.Other cities are trying to join that list, including Boston and Washington DC, where the latter city’s council in October passed legislation allowing noncitizens who have lived in the city for at least 30 days to vote in local elections. New York City’s council also passed a measure in December to allow close to 900,000 green card holders and those with work authorization to vote in local elections, but a state trial court struck it down in June, finding it violated the state constitution. The ruling is currently being appealed.The potential for major cities like DC and New York to expand their electorates prompted backlash from Republican lawmakers.“This vote sends a clear message that the radical election policies of places like San Francisco, New York City and Washington, DC have no place in Louisiana,” Kyle Ardoin, the Republican secretary of state, said in a statement after the passage of the constitutional amendment, which he said will “ensure the continued integrity of Louisiana’s elections”.Louisiana law already prohibits anyone who is “not a citizen of the state” from voting, so voting rights advocates say the new amendment is an effort by Republicans in the state to limit voting based on false allegations that noncitizens are committing voter fraud by participating in elections.Louisiana’s amendment made it on to the 10 December ballot after it was passed by both chambers of the state legislature. Over 73% of Louisiana voters approved it, making Louisiana the latest in a series of states moving to explicitly write bans into their constitutions.Before 2020, just Arizona and North Dakota specifically prohibited noncitizens from voting in local and state elections, but voters in Alabama, Colorado and Florida all approved constitutional amendments in 2020 and Ohio approved one in November.Ohio’s amendment came after one town in the state, Yellow Springs, passed an initiative in 2019 to allow noncitizens to vote, giving voting rights in local elections to just a few dozen people in the small town. A few years later in 2022, Republican lawmakers proposed what would eventually become the constitutional amendment banning the practice and revoking the right from noncitizens in Yellow Springs.Fulvia Vargas-De Leon, senior counsel at LatinoJustice PRLDEF, a New York-based immigrant rights group, said the movement for ballot amendments is just one way that some lawmakers are trying to restrict voting rights.“It is a response to the expansion of the right to vote, and our concern is that since 2020, we’ve seen such attacks on the right to vote,” she said, adding that the pushback was coming because of an anti-immigrant sentiment “but also a larger effort to try to ban who has access to the ballot”.The United States allowed noncitizens to vote for much of its early history. From the founding of the country through 1926, noncitizens could vote in local, state and federal elections. But anti-immigrant sentiment led to lawmakers in most states to push for an end to the practice.“Resurgent nativism, wartime xenophobia, and corruption concerns pushed lawmakers to curtail noncitizen voting, and citizenship became a voting prerequisite in every state by 1926,” William & Mary professor Alan H Kennedy wrote in a paper published in the Journal of Policy History this year.In 1996, Congress passed a law prohibiting noncitizens from voting in federal elections, making illegal voting punishable by fines, imprisonment and deportation.But on the local level, the subject has re-emerged as a topic for debate in recent decades, as the populations of permanent noncitizen immigrants has grown in many cities.Advocates for noncitizen voting argue that documented immigrants pay taxes and contribute to their local communities and should have their voices heard when it comes to local policy.“We should have a representative democracy, where everyone who is part of the fabric of the community, who is involved, who pays taxes, should have a say in it,” said Vargas-De Leon, whose group intervened in the New York litigation and has filed the appeal.But conservative groups say that allowing noncitizens to vote dilutes the votes of citizens. Republican strategist Christopher Arps started the Missouri-based Americans for Citizen Voting to help states amend their constitutions to explicitly say that only US citizens can vote. He said that people who want to vote should “at least have some skin in the game” by completing the citizenship process.“We’ve been hearing for the past five, six years about foreign interference, Russia and other countries,” he said. “Well to me, this is a type of foreign interference in our elections.”It would also be a “bureaucratic nightmare”, he said, for states to have to maintain two separate voter rolls for federal and local elections, and could lead to illegal voting if noncitizens accidentally vote in a federal election.Though noncitizen voting still has not been signed into law in DC, Republicans in Congress have already introduced legislation to block it. One bill, introduced by the Texas senator Ted Cruz last month, would bar DC from using federal funds to facilitate noncitizen voting.“Allowing noncitizens and illegal immigrants to vote in our elections opens our country up to foreign influence, and allows those who are openly violating US law or even working for hostile foreign governments to take advantage and direct our resources against our will,” Cruz said in a statement.But Vargas-De Leon pointed to the benefits of expanding the electorate to include the country’s 12.9 million legal permanent residents and other documented immigrants.“All we’re trying to do here is ensure that everyone has a say in our government,” she said.TopicsUS newsThe fight for democracyUS politicsLaw (US)LouisianaOhioFloridaVermontfeaturesReuse this content More

  • in

    The Election Is Over. Now Comes the Battle for Voting Rights in 2024

    Voters rebuffed the most aggressive efforts to weaken democracy in the midterms. But battles over election districts and ballot restrictions that could prove crucial in 2024 have already resumed.WASHINGTON — With Raphael Warnock’s victory in the Georgia Senate race on Tuesday, the major midterm elections are over.But the battles over voting rules, restrictions and political boundaries that will help determine who wins the next ones barely paused for ballot-counting before resuming in force.Indeed, the day after Mr. Warnock’s election, the Supreme Court heard arguments in a potentially seismic case brought by Republicans in North Carolina that could give state legislatures significantly expanded power over election laws — and virtually unlimited authority to draw gerrymandered maps.The landscape is familiar. Democrats who took control of state legislatures in Michigan and Minnesota are preparing legislation to to broaden voting access, including measures in Michigan that would mandate absentee ballot drop boxes.Republicans, who control a majority of legislatures across the country, are proposing new restrictive legislation they say would combat election fraud, though it remains exceedingly rare. And though both parties have benefited from gerrymanders, Republicans are far more likely to make it a centerpiece of their electoral strategy.In the Ohio Legislature, Republicans are poised to pass bills that would stiffen the ID requirement for casting a ballot, limit the use of drop boxes and end automatic mailings of absentee-ballot applications to voters.In North Carolina, a Republican sweep of state Supreme Court races last month makes it likely that the State Legislature will be able to gerrymander existing nonpartisan maps of congressional and legislative districts before the 2024 elections.In Wisconsin, both parties are girding for an April election that will determine partisan control of the state’s already politicized Supreme Court — and either open or shut the door on a legal challenge to an impregnable Republican gerrymander of the State Legislature.Some of that jockeying for power always goes on beneath the radar of most voters. But in the wake of more direct attacks on democracy by insurrectionists at the U.S. Capitol and by election deniers in last month’s vote, the divergent legislative priorities of the two parties — and particularly Republican reliance on restrictive voting measures and supercharged gerrymanders — reflect what has become a ceaseless tug of war over the rules of American politics and governance.“It’s not the same thing as throwing out the vote count and putting in the wrong count,” said Wendy Weiser, who directs the Democracy Program at the left-leaning Brennan Center for Justice at New York University. “But it’s a form of unfair gaming of the system to gain electoral advantage, in a way that shuts out legitimate voters.”The Aftermath of the 2022 Midterm ElectionsCard 1 of 6A moment of reflection. More

  • in

    They Used Robocalls to Suppress Black Votes. Now They Have to Register Voters.

    An Ohio judge ordered Jacob Wohl and Jack Burkman, who concocted a 2020 robocall scheme to discourage mail-in voting, to spend hundreds of hours registering new voters.Two conservative operatives responsible for placing tens of thousands of calls in Midwestern states that made false claims about the legitimacy of mail-in ballots were sentenced by an Ohio judge to spend hundreds of hours registering new voters.The operatives, Jack Burkman, 56, of Arlington, Va., and Jacob Wohl, 24, of Irvine, Calif., orchestrated a robocall scheme that targeted Black neighborhoods in Ohio in 2020, prosecutors said.More than 8,000 of the roughly 67,000 phone calls the pair made across the Midwest, using a voice broadcasting service, were sent to phone numbers in Cleveland and East Cleveland, where many Black voters reside, prosecutors said. The calls were placed during the pandemic, ahead of the 2020 election, a time of heightened interest in absentee voting because of rising concerns about health and safety.The calls falsely stated that voting by mail meant the personal information of people who cast those ballots would be added to a public database and that they would be tracked by the authorities.“Don’t be finessed into giving your private information to the man,” the recorded message said, according to a court filing in Michigan, which said Mr. Burkman and Mr. Wohl specifically targeted “Black neighborhoods” in the Midwest, including Cleveland. “Stay safe and beware of vote by mail.”The Spread of Misinformation and FalsehoodsCovid Myths: Experts say the spread of coronavirus misinformation — particularly on far-right platforms like Gab — is likely to be a lasting legacy of the pandemic. And there are no easy solutions.Midterms Misinformation: Social media platforms struggled to combat false narratives during the 2022 U.S. midterm elections, but it appeared most efforts to stoke doubt about the results did not spread widely.A ‘War for Talent’: Seeing misinformation as a possibly expensive liability, several companies are angling to hire former Twitter employees with the expertise to keep it in check. A New Misinformation Hub?: Misleading edits, fake news stories and deepfake images of politicians are starting to warp reality on TikTok.The prerecorded messages claimed that mail-in voting would result in a cascade of negative consequences, including pursuit by the authorities for outstanding debts and warrants, and mandatory vaccines.On Tuesday, Mr. Burkman and Mr. Wohl were sentenced in Cuyahoga County Common Pleas Court in Cleveland. At the hearing, which the defendants attended by videoconference, Judge John Sutula likened the robocall scheme to voter suppression efforts targeting Southern Black voters in the 1960s, Cleveland.com reported.“I think it’s a despicable thing that you guys have done,” Judge Sutula remarked, according to Cleveland.com.Mr. Wohl previously promoted false sexual assault allegations against Pete Buttigieg, then a Democratic presidential candidate, and Robert S. Mueller, the former special counsel.In the robocall case, Mr. Wohl and Mr. Burkman were each sentenced to completing two years of probation, working 500 hours at a voting registration center in Washington, D.C., and paying a $2,500 fine, a spokeswoman for the Cuyahoga County prosecutor’s office said. They will also be electronically monitored for 12 hours, starting at 8 p.m. each day, through the first six months of their probation period.Michael C. O’Malley, the Cuyahoga County prosecutor, called the sentence “appropriate.”“These two individuals attempted to disrupt the foundation of our democracy,” Mr. O’Malley said in a statement.The sentence arrived two years after they were indicted in Ohio for their voter intimidation scheme. They had initially faced up to 18 years in prison for multiple charges of bribery and telecommunications fraud but under a plea deal, the charges were merged into a single count each of telecommunications fraud, which they pleaded guilty to in October 2022.Mark Wieczorek, a lawyer representing Mr. Wohl, said that the sentence was “fair” and “in the spirit of justice.”“We think it’s a great sentence given the amount of charges he was originally indicted with,” Mr. Wieczorek said. “I think he is genuinely remorseful for his actions and took full responsibility for it.”Mr. Burkman’s lawyer could not be reached for comment.The pair also face similar charges in Michigan, where a case against them is still pending in the state’s Supreme Court, said John Nevin, a spokesman for the court. In 2020, they were charged with intimidating voters, conspiracy to intimidate voters, using a computer to intimidate voters and conspiracy to use a computer to intimidate voters, according to a criminal complaint. A judge in New York previously ordered them to call 85,000 people back to inform them that their initial calls about voting by mail had included false information. More