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    Election Day 2021: What to Watch in Tuesday’s Elections

    Most of the political world’s attention on Tuesday will be focused on Virginia, where former Gov. Terry McAuliffe, a Democrat, is trying to return to his old office in a run against Glenn Youngkin, a wealthy Republican business executive. Polls show the race is a dead heat. And the themes of the contest — with Mr. McAuliffe trying relentlessly to tie Mr. Youngkin to former President Donald J. Trump, and Mr. Youngkin focusing on how racial inequality is taught in schools, among other cultural issues — have only amplified the election’s potential as a national bellwether. The results will be closely studied by both parties for clues about what to expect in the 2022 midterms.While the Virginia race is Tuesday’s marquee matchup, there are other notable elections taking place. Voters in many major American cities will choose their next mayor, and some will weigh in on hotly contested ballot measures, including on the issue of policing. There’s another governor’s race in New Jersey, too. Here is what to watch in some of the key contests that will provide the most detailed and textured look yet at where voters stand more than nine months into the Biden administration.Republicans are hoping Mr. Youngkin can prevail by cutting into Democratic margins in suburban Northern Virginia and turning out voters who remain motivated by Mr. Trump.Carlos Bernate for The New York TimesThe Virginia governor’s race is seen as a bellwetherDemocrats have won Virginia in every presidential contest since 2008. Last year, it wasn’t particularly close. Mr. Biden won by 10 percentage points.But Virginia also has a history of bucking the party of a new president — the state swung to the G.O.P. in 2009, during former President Barack Obama’s first year in office — and Republicans hope Mr. Youngkin has found a formula for success in the post-Trump era.To prevail, Mr. Youngkin needs to cut into the margins in suburban Northern Virginia, where voters have made the state increasingly Democratic, while also turning out a Republican base that remains motivated by Mr. Trump.His playbook has focused heavily on education, attacking Mr. McAuliffe for a debate remark that parents should not be directing what schools teach and capitalizing on a broader conservative movement against schools teaching about systemic racism. The result: Education has been the top issue in the race, according to an October Washington Post poll, giving Republicans the edge on a topic that has traditionally favored Democrats.Mr. McAuliffe has aggressively linked Mr. Youngkin to Mr. Trump, who endorsed the Republican but never traveled to Virginia to campaign for him. If Mr. Youngkin loses, it will showcase the G.O.P.’s ongoing challenge in being associated with Mr. Trump, even without Mr. Trump on the ballot. But if Mr. McAuliffe loses, it will intensify pressure on Democrats to develop a new, proactive message.Control of the Virginia House of Delegates is also up for grabs. For now, Democrats have an edge of 55-45 seats that they built during the Trump years.In the New Jersey governor’s race, the Democratic incumbent, Philip D. Murphy, is up for re-election. Polls have shown Mr. Murphy ahead, but Mr. Biden’s weakening job approval rating in the solidly Democratic state — which stood at 43 percent in a recent Monmouth poll — is a cause of concern. The results will be watched for evidence of how much of the erosion in Mr. Biden’s support has seeped down-ballot.India Walton, left, has the support of progressives like Representative Alexandria Ocasio-Cortez in her bid to be the next mayor of Buffalo, N.Y.Libby March for The New York TimesBig mayoralties: Boston, Buffalo, Atlanta and moreIt is not the biggest city with a mayor’s race on Tuesday, but the City Hall battle in Buffalo, N.Y., may be the most fascinating.India Walton, who would be the first socialist to lead a major American city in decades, defeated the incumbent Democratic mayor, Byron Brown, in the June primary. But Mr. Brown is now running a write-in campaign. .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-1kpebx{margin:0 auto;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-1kpebx{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-1kpebx{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-1kpebx{font-size:1.25rem;line-height:1.4375rem;}}.css-1gtxqqv{margin-bottom:0;}.css-1g3vlj0{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-1g3vlj0{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-1g3vlj0 strong{font-weight:600;}.css-1g3vlj0 em{font-style:italic;}.css-1g3vlj0{margin-bottom:0;margin-top:0.25rem;}.css-19zsuqr{display:block;margin-bottom:0.9375rem;}.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;}Ms. Walton has won the backing of progressives, such as Representative Alexandria Ocasio-Cortez, and some party leaders, like Senator Chuck Schumer, but other prominent Democrats have stayed neutral, most notably Gov. Kathy Hochul, a lifelong resident of the Buffalo region.Policing has been a major issue. Though Ms. Walton has distanced herself from wanting to reduce police funding, Mr. Brown attacked her on the issue in a television ad.In Boston, the runoff puts two City Council members, Michelle Wu and Annissa Essaibi George, against each other, with Ms. Wu running as the progressive. Ms. Wu, who is backed by Senator Elizabeth Warren of Massachusetts, finished in first place in the primary.In New York City, Eric Adams, the borough president of Brooklyn and a Democrat, is expected to win the mayor’s race and has already fashioned himself as a national figure. “I am the face of the new Democratic Party,” Mr. Adams declared after his June primary win.In Miami, Mayor Francis Suarez, a rare big-city Republican mayor, is heavily favored to win re-election and is lined up to become the president of the U.S. Conference of Mayors, giving him a national platform.And in Atlanta, a crowded field of 14 candidates, including the City Council president, Felicia Moore, is expected to lead to a runoff as former Mayor Kasim Reed attempts to make a comeback.In Minneapolis, voters will decide whether to replace the Police Department with a new Department of Public Safety.Jenn Ackerman for The New York TimesThe future of policing is front and centerOne recurring theme in municipal races is policing, as communities grapple with the “defund the police” slogan that swept the country following the police killing of George Floyd last year. The debate is raging inside the Democratic Party over how much to overhaul law enforcement — and over how to talk about such an overhaul.Perhaps nowhere is the issue more central than in Minneapolis, the city where Mr. Floyd was killed, sparking civil unrest across the country. Voters there will decide on a measure to replace the troubled Minneapolis Police Department with a new Department of Public Safety.Mayor Jacob Frey, who is up for re-election, has opposed that measure and pushed for a more incremental approach. His challengers, among them Sheila Nezhad, want a more aggressive approach.Policing is a key issue not only in the Buffalo mayor’s race, but also in mayoral contests in Seattle, Atlanta and in Cleveland, where an amendment that would overhaul how the city’s police department operates is on the ballot as well.The mayor’s race in Cleveland puts Justin Bibb, a 34-year-old political newcomer, against Kevin Kelley, the City Council president. Mr. Bibb supports the police amendment and Mr. Kelley opposes it.Shontel Brown, a Democrat, is expected to win a special election for a House seat in Cleveland.Michael M. Santiago/Getty ImagesHouse races and Pennsylvania’s court battleThere are two special elections for House races in Ohio, with Shontel Brown, a Democratic Cuyahoga County Council member, expected to win a heavily Democratic seat in Cleveland. Mike Carey, a longtime Republican coal lobbyist, is favored in a district that sprawls across a dozen counties.Mr. Carey faces Allison Russo, a Democrat endorsed by Mr. Biden. Mr. Carey’s margin in a seat that Mr. Trump carried by more than 14 points last year will be another valuable indicator of the political environment.In Florida, a primary is being held for the seat of Representative Alcee Hastings, who died earlier this year. The winner will be favored in a January special election.The only statewide races happening in Pennsylvania on Tuesday are for the courts. The most closely watched contest is for the State Supreme Court, which features two appeals court judges, the Republican Kevin Brobson and the Democrat Maria McLaughlin. Democrats currently hold a 5-2 majority on the court and the seat being vacated was held by a Republican, so the result will not swing control.But millions of dollars in advertising are pouring into the state, a sign not just of the increasing politicization of judicial contests, but also of the state’s role as a top presidential battleground. More

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    Josh Shapiro, Running for Pennsylvania Governor, Focuses on Voting Rights

    Mr. Shapiro, the state’s attorney general and a Democratic candidate for governor, has been on the forefront of legal efforts to defend the 2020 election.Thirty seconds into his official campaign for governor in Pennsylvania, Josh Shapiro wanted to talk about voting rights.The newly minted Democratic candidate announced his expected candidacy for governor in a two-minute video that quickly turned to the issue. It’s a topic he knows well: As the attorney general in Pennsylvania, Mr. Shapiro has been defending against a torrent of lawsuits filed by Donald J. Trump and his allies after the former president’s 2020 election loss.The 2022 races for governor in Pennsylvania, Michigan and Wisconsin have been viewed by Democrats as a sea wall against a rising Republican tide of voting restrictions and far-reaching election laws. All three states have Republican-controlled legislatures that attempted to pass new voting laws but were blocked by the threat of a veto, and feature Republican candidates who have advocated for new voting laws.Pennsylvania is the only state with an open race, as current Gov. Tom Wolf is term limited from running again. Mr. Wolf threw his support behind Mr. Shapiro years before he announced, helping to clear the Democratic field.We spoke to Mr. Shapiro Wednesday as he traveled to his homecoming rally in Montgomery County.This interview has been condensed and lightly edited for clarity.Your announcement video focuses first and foremost on threats to democracy. How do you run on that as a candidate?JOSH SHAPIRO: Voting rights will be a central issue in this election. And it certainly will be a central focus of my campaign. There’s a clear contrast between me and my dozen or so Republican opponents. They’re out peddling the big lie, and kind of pass these far-right litmus tests with their audits. And they’re doing real destruction to our democracy. I believe that a central focus of this campaign will be on the preservation of our democracy, and the protection of voting rights.Do you worry about overhyping threats to democracy, especially as national Democrats in Congress remain in a stalemate and aren’t taking drastic steps to address it?I think our democracy is truly being threatened. The only reason Pennsylvania has not suffered the way Texas and Georgia have with rollbacks of voting rights is because of the veto pen of our governor. We need to protect voting rights. And I’d like to work with people of both parties to expand voting rights.What do you think Democratic candidates and you should be focusing on, specifically when talking about these threats to voting rights around the country?I don’t think I can speak for any other candidate, I can only speak for me. I’m a proud Pennsylvania Democrat, and here in Pennsylvania, we were the birthplace of our democracy. And we have a special responsibility here to protect it. And I believe that the next governor in Pennsylvania will have profound responsibility to do that work. You know where I stand: expand voting rights, protect our democracy. You reference “working across the aisle” in your speech Wednesday in Pittsburgh. But with a Pennsylvania legislature you’re currently suing over an attempt to gain private voter information, how do you plan to work with them?I sued those Republican Pennsylvania senators because I believe they’re breaking the law by compromising the private information of 9 million Pennsylvania voters. And indeed, today, as attorney general, I’ll be filing a reply brief in that case. But the reason I think I can work with them and others is that I have a long track record throughout my career of bringing sides together, finding common ground and getting things done to benefit Pennsylvanians.But is there any aspect of voting rights where you have seen common ground with Republicans in the state legislature?I’ve talked to Republican commissioners, state lawmakers and election officials who have all said to me, let’s pass a law that allows us to do precanvassing of mail-in ballots the way they do in Florida and North Carolina and Ohio, for example. That’s an example of where we can find common ground.The California recall election showed how quickly allegations of “rigged elections” are cast about. How do you view governing in an era where winners are viewed as illegitimate by some of their constituents?Unfortunately, Republican leaders here in Pennsylvania have been lying to their constituents for the last 10 months, lying to them about the election, lying to them about the results, when the truth is we had a safe and secure, free and fair election in Pennsylvania. So it’s not surprising to me that some people in the public question things when their leaders have been lying to them. Leaders have a responsibility to speak truth. That is what I have tried to do as attorney general. And what I certainly will do as governor. The public deserves nothing less. Democrats around the country found success in 2018 with a focus on health care, drug prices and jobs. Now that focus seems lost amid infrastructure and a reconciliation bill. Are you concerned about running without a national cohesive message for Democrats?I’m running as a Pennsylvania Democrat, with a clear message of taking on the big fights, bringing people together and delivering real results to the people of Pennsylvania. That’s the focus of my campaign.OK, so, would that involve 2018 messages like health care and jobs? Or has it changed to something else?The national issues you’re talking about are not my focus. What is my focus is issues on the ground here in Pennsylvania. I just talked in Pittsburgh, for example, about how we need to rebuild our infrastructure, repair roads and bridges and connect every Pennsylvanian to the internet from Waynesburg in southwestern Pennsylvania to West Philadelphia. Really taking advantage of our universities to be able to become centers of innovation. Making sure we deal with some of the systemic inequities in our education and health care system here in Pennsylvania. Those are the issues that I’m focused on, and those are the issues that I know are important to the good people of Pennsylvania.But I believe, going back to the first question you asked, it makes it harder to get at those issues if we don’t shore up our democracy. And that is why I think democracy and voting rights is such a central theme. And if we can make sure that our democracy is shored up, then we can work through these other critically important issues. More

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    Why Democrats See 3 Governor’s Races as a Sea Wall for Fair Elections

    Michigan, Wisconsin and Pennsylvania all have Democratic governors and G.O.P.-led legislatures. And in all three battlegrounds, Republicans are pushing hard to rewrite election laws.MADISON, Wis. — In three critical battleground states, Democratic governors have blocked efforts by Republican-controlled legislatures to restrict voting rights and undermine the 2020 election.Now, the 2022 races for governor in Michigan, Wisconsin and Pennsylvania — states that have long been vital to Democratic presidential victories, including Joseph R. Biden Jr.’s — are taking on major new significance.At stake are how easy it is to vote, who controls the electoral system and, some Democrats worry, whether the results of federal, state and local elections will be accepted no matter which party wins.That has left Govs. Tony Evers of Wisconsin, Gretchen Whitmer of Michigan and Tom Wolf of Pennsylvania standing alone, in what is already expected to be a difficult year for their party, as what Democrats view as a sea wall against a rising Republican tide of voting restrictions and far-reaching election laws.The question of who wins their seats in 2022 — Mr. Evers and Ms. Whitmer are running for re-election, while Mr. Wolf is term-limited — has become newly urgent in recent weeks as Republicans in all three states, spurred on by former President Donald J. Trump, make clearer than ever their intent to reshape elections should they take unified control.Republicans have aggressively pursued partisan reviews of the 2020 election in each state. In Pennsylvania, G.O.P. lawmakers sought the personal information of every voter in the state last month. In Wisconsin, a conservative former State Supreme Court justice, who is investigating the 2020 election results on behalf of the State Assembly, issued subpoenas on Friday for voting-related documents from election officials. And in Michigan on Sunday night, Ms. Whitmer vetoed four election bills that she said “would have perpetuated the ‘big lie’ or made it harder for Michiganders to vote.”Republican candidates for governor in the three states have proposed additional cutbacks to voting access and measures that would give G.O.P. officials more power over how elections are run. And the party is pushing such efforts wherever it has the power to do so. This year, 19 Republican-controlled states have passed 33 laws restricting voting, one of the greatest contractions of access to the ballot since the Voting Rights Act was passed in 1965. Democrats in Congress have tried without success to pass federal voting laws to counteract the Republican push.The prospect that Mr. Trump may run again in 2024 only compounds what Democrats fear: that Republicans could gain full control over the three key Northern states in 2022 and, two years later, interfere with or overturn the outcome of a narrow Democratic presidential victory in 2024.“I would’ve never guessed that my job as governor when I ran a couple years ago was going to be mainly about making sure that our democracy is still intact in this state,” said Mr. Evers, a former Wisconsin schools superintendent. He was elected governor in the Democratic wave of 2018 on a platform of increasing education spending and expanding Medicaid.He and Ms. Whitmer are seeking re-election while vying to preserve the voting system, which was not built to withstand a sustained partisan assault, in the face of intensifying Republican challenges to the routine administration of elections. Mr. Wolf cannot seek a third term, but his Democratic heir apparent, Josh Shapiro, the Pennsylvania attorney general, has been on the forefront of legal efforts to defend the 2020 election results for nearly a year.The shift from focusing on traditional Democratic issues like health care and education to assuring fair elections is starkest for Mr. Evers, a man so aggressively staid that he’s partial to vanilla ice cream.Campaigning at the World Dairy Expo in Madison, Wis., Mr. Evers said that Wisconsin’s race for governor next year would be “about our democracy.”Lianne Milton for The New York TimesLast week, as he walked through a row of black-and-white Holstein cows at the World Dairy Expo, he predicted that if he were defeated next year, Republican legislators would have a direct path to reverse the results of the 2024 election.“The stakes are damn high,” Mr. Evers said above the din of mooing and milking at Madison’s annual dairy trade show. “This is about our democracy. It’s frightening.”The message that democracy itself is on the line is a potentially powerful campaign pitch for Mr. Evers and his fellow Democrats, one he has used in fund-raising appeals.Republicans dismiss the idea that they are undermining democracy and say that their various election reviews will increase, not decrease, voters’ trust in the system.“It’s full of hyperbole and exaggeration, which is what the Democrats do best on this election stuff,” Robin Vos, the speaker of the Wisconsin State Assembly, said in an interview last week at the State Capitol. “All we’re trying to do is make sure that people who were elected were elected legitimately.”Mr. Vos said he was still not sure if President Biden had legitimately won the state. (Mr. Biden carried it by more than 20,000 votes.) It would not take much to swing statewide elections in Michigan, Wisconsin and Pennsylvania. Four of the last six presidential contests in Wisconsin have been decided by fewer than 23,000 votes. Other than Barack Obama, no presidential nominee has won more than 51 percent of the vote in any of the three states since 1996.And as Mr. Trump and his allies chisel away at confidence in American elections by making baseless allegations of voter fraud, it is no longer a stretch to imagine governors loyal to the former president taking previously unthinkable steps to alter future results.Governors are required to submit to Congress a certificate of ascertainment of presidential electors. But what if a governor refused?Another scenario could also give a governor outsize power over the presidential election: A state could send competing slates of electors to Congress, and the House might accept one slate and the Senate the other. Then, the Electoral Count Act of 1887 — the guidelines for tallying Electoral College votes, which remained obscure until the violence of Jan. 6 — appears to give the state’s governor the tiebreaking vote.The National Task Force on Election Crises, a nonpartisan group of experts in various fields, warned about such a possibility in a September 2020 memo.“It wouldn’t be an overstatement to say that any one of those states falling to a Trump-aligned candidate would pose an existential threat to the survival of American democracy come the 2024 election,” said Ian Bassin, the executive director of Protect Democracy, a nonpartisan group dedicated to resisting authoritarianism, who convened the election crises task force before the 2020 election.Republicans have not been shy about their ambitions to change election laws in the three states.In Pennsylvania, Lou Barletta, a former congressman who recently announced a bid for governor, said that as he crossed the state last week, the top issue for voters was “election integrity.”“People talk to me about mandates, about vaccines, but they always bring up election integrity as well,” Mr. Barletta said in an interview. He said that he was waiting for the Republicans’ election review before committing to a full slate of election changes, but that he already had a few in mind, including stricter voter identification laws.Josh Shapiro, the Democratic attorney general of Pennsylvania who defended the results of the 2020 election in the state, is expected to announce his campaign for governor as soon as this month.Susan Walsh/Associated PressJames Craig, the leading Republican candidate for governor in Michigan, has backed bills that would forbid the mass mailing of absentee ballot applications to voters who do not request them and that would enact a strict voter ID requirement. He declined to comment.Those proposed laws are being pushed by Ed McBroom, a Republican state senator, even though he released a report in June debunking Trump-inspired claims of election fraud.“Somebody could pretty easily try to impersonate somebody they don’t know,” said Mr. McBroom, who leads the Michigan Senate’s elections committee.And in Wisconsin, Rebecca Kleefisch, a Republican who served as lieutenant governor under Gov. Scott Walker until 2019, is challenging Mr. Evers with a campaign platform that calls for shifting responsibility for the state’s elections from the bipartisan Wisconsin Elections Commission, which her and Mr. Walker’s administration created in 2016, to the G.O.P.-controlled Legislature. Ms. Kleefisch declined to comment. Perhaps no 2022 Democratic candidate for governor is as familiar with Republican attempts to dispute the 2020 outcome as Mr. Shapiro. As Pennsylvania’s attorney general, he defended the state in 43 lawsuits brought by Mr. Trump and his allies that challenged voting methods and the results.“There are new threats every single day on the right to vote, new efforts to disenfranchise voters, and I expect that this will be another huge test in 2022,” said Mr. Shapiro, who is planning to announce a campaign for governor as soon as this month.Last month, Mr. Shapiro filed a lawsuit to block Republicans in the Pennsylvania Senate after they sought the personal information of all seven million voters in the state as part of their election review, including driver’s license numbers and partial Social Security numbers.Gov. Gretchen Whitmer is running for re-election in Michigan, where Republican election officials tried to stall the certification of the results of the state’s 2020 presidential race.Sarahbeth Maney/The New York TimesIn Michigan, Ms. Whitmer, who has faced threats of an insurrection in her statehouse and a kidnapping plot, is now fighting a Republican attempt to work around her expected veto of a host of proposed voting restrictions.“The only thing that is preventing the rollback of voting rights in Michigan right now is the threat of my veto,” she said in an interview.Michigan was also home to one of the most forceful and arcane attempts at reversing the outcome in 2020, when Republican election officials, at Mr. Trump’s behest, tried to refuse to certify the results in Wayne County and stall the certification of the state’s overall results. That memory, combined with new voting bills and Republican attempts to review the state’s election results, makes Michigan’s election next year all the more important, Ms. Whitmer said.“If they make it harder or impossible for droves of people not to be able to participate in the election,” she said, “that doesn’t just impact Michigan elections, but elections for federal offices as well, like the U.S. Senate and certainly the White House.”Mr. Vos said he had not thought about the degree to which Wisconsin Republicans could change voting laws if the state had a Republican governor. But this year, the State Legislature passed a package of six bills that would have enacted a range of new voting restrictions.Mr. Evers vetoed them all.“I’ve learned to play goalie in this job,” he said. “And I’ll continue to do that.” More

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    Republicans Seek Pennsylvania Voters’ Personal Information in 2020 Review

    Pennsylvania Republicans moved on Wednesday to seek personal information on every voter in the state as part of a brewing partisan review of the 2020 election results, rubber-stamping more than a dozen subpoenas for driver’s license numbers and partial Social Security numbers.The expansive request for personal information, directed at Pennsylvania’s Department of State and approved in a vote by Republicans on a State Senate subcommittee, is the first major step of the election inquiry. The move adds Pennsylvania to a growing list of states that have embarked on partisan-led reviews of the 2020 election, including a widely criticized attempt to undermine the outcome in Arizona’s largest county.Democrats in the State Senate pledged to fight the subpoenas in court, saying at a news conference after the vote on Wednesday that the requests for identifiable personal information were an overreach, lacked authority and potentially violated federal laws protecting voter privacy. “Senate Democrats, going forward, intend to take legal action against this gross abuse of power by filing a lawsuit, challenging in the courts, and to ask the courts to declare the Senate Republicans’ actions in violation of separation of power, as well as declaring that they had no authority to issue these subpoenas,” said State Senator Jay Costa, the minority leader.Democrats control several of the top offices in Pennsylvania — including those of governor, attorney general and secretary of state — and it was not immediately clear what legal basis they might have to challenge the subpoenas. Nor was it clear how the transfer of information would begin to take place, if it does proceed, or which people or entities involved in the review would control the information. While the review will be funded by taxpayers, its potential cost has yet to be revealed. The Department of State did not respond to requests for comment or issue a statement on the subpoenas. Josh Shapiro, the attorney general of Pennsylvania and a Democrat, vowed to fight the subpoenas as well. “There are legal consequences to turning over people’s private, personal information without their permission,” Mr. Shapiro said in an interview. “My office will not allow that to happen. And people can be assured that we will take whatever legal action necessary to protect their private personal information from this charade.”The subpoenas, 17 in all, also included a request for communications between state and county election officials. They did not include requests for election machines or equipment.But election experts still expressed worries about the amount of personal information being requested and the security risks, both to voters and to the electoral process, that could come with such a transfer of information. Such risks have grown increasingly common in partisan election reviews around the country. “That’s a really bad idea to have private information floating around in a Senate caucus,” said Marian K. Schneider, an elections lawyer for the A.C.L.U. of Pennsylvania. “And it’s really not clear how the data is going to be used, who’s going to be looking at it, who can have access, how it’s going to be secured. And it’s unclear to me why they even need the personally identifying information.” Republicans in several states have pursued similar reviews — misleadingly labeled “audits” to suggest an authoritative nonpartisan investigation — in the name of protecting “election integrity.” The reviews have often centered on baseless claims and debunked conspiracy theories about the presidential contest, spurred in part by the falsehoods promoted by former President Donald J. Trump and his allies.President Biden won Pennsylvania by more than 80,000 votes, and the results have been reaffirmed by the state’s Department of State.“The entirety of our proceedings today, issuing subpoenas, is based upon such a noncredible foundation,” said Anthony H. Williams, a Democratic state senator who represents an area near Philadelphia. He added that it was “very troubling and, in fact, leads us to darker days in this country, such as when hearings like these, during the McCarthy era, were held, where voices were silenced and liberties were denied, being bullied by the power of the government.”State Senator Jake Corman, the top Republican in the chamber, who approved the review last month, portrayed the investigation as merely trying to inform future legislation and lashed back at Democrats, asking what they were “scared of.”“All we’re doing is seeking facts, seeking information, so that we can make better public policy,” Mr. Corman said. When questioned by Democrats about why voters’ Social Security and driver’s license information was necessary for the investigation, State Senator Cris Dush, who is leading the review as chair of the Governmental Operations Committee, brought up unspecific and unfounded claims that ineligible voters had cast ballots in the Pennsylvania election. “Because there have been questions regarding the validity of people who have voted, whether or not they exist,” Mr. Dush said. “Again, we’re not responding to proven allegations, we are investigating the allegations to determine whether or not they are factual.” He continued: “If we have the sum errors within the voter registration system which allow for such activity, then we have a responsibility as a legislature to create legislation which will prevent that from happening in future elections.”A chief concern of Democrats, beyond the subpoenas, was which people or companies might gain access to the stockpile of personal information of the nearly seven million Pennsylvanians who cast a ballot in the 2020 election.State Senator Steven J. Santarsiero, a Democrat from the Philadelphia suburbs, pressed Mr. Dush on his selection process. Mr. Santarsiero asked specifically whether any of the vendors the Republicans are considering have ties to Sidney Powell, the lawyer who has popularized many false conspiracy theories about the 2020 election.“The answer to that is I really don’t know, because it is not something that is relevant to my determination,” Mr. Dush responded.“So it’s possible, then?” Mr. Santarsiero asked.“It is absolutely possible,” Mr. Dush said. More

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    Top Pennsylvania Republican Vows to Review 2020 Election Results

    The top Republican in the Pennsylvania State Senate promised this week to carry out a broad review of the 2020 election results, a move that comes as G.O.P. lawmakers continue to sow doubts about the contest’s legitimacy by pushing to re-examine votes in battleground states like Arizona.State Senator Jake Corman, who serves as president pro tempore of the G.O.P.-controlled chamber, made the comments in an interview with a right-wing radio host, and they were first reported by The Philadelphia Inquirer on Tuesday. His remarks were the strongest sign yet that Pennsylvania — which President Biden won by more than 80,000 votes — may press forward with a review of 2020 results, despite no evidence of voter fraud that would have affected the outcome.In the interview, Mr. Corman said that he wanted to begin “almost immediately” and that hearings would begin this week. He added that he expected to use the full power of the state’s General Assembly, including subpoenas, to conduct the review, which he referred to as a “forensic investigation.”“We can bring people in, we can put them under oath, we can subpoena records, and that’s what we need to do and that’s what we’re going to do,” Mr. Corman said. “And so we’re going to move forward.”Previously, State Senator Doug Mastriano, a Republican and vocal proponent of former President Donald J. Trump’s falsehoods about the election, had called for a review of results in three counties.Until recently the chair of the Senate Intergovernmental Operations Committee, he sent letters requesting ballots, records and machines from Philadelphia County, which encompasses the state’s largest city and which Mr. Biden won with over 80 percent of the vote; York County, south of Harrisburg, which Mr. Trump won handily; and Tioga County, in the northern part of the state, which Mr. Trump also carried with ease. All three counties refused to comply, and Mr. Mastriano’s legal authority to enforce the requests remains unclear.Last week, Mr. Corman removed Mr. Mastriano from his position as chair of the committee and installed State Senator Cris Dush, also a Republican, to lead the panel and oversee the review.In the interview, Mr. Corman expressed his own doubts about the election.“I don’t necessarily have faith in the results,” he said. “I think that there were many problems in our election that we need to get to the bottom of.”Jason Thompson, a spokesman for Mr. Corman, said that they were “not setting a hard cap on how long the audit will take,” but that he could not comment further because “many of the details of the audit plan are still being worked out, and Senator Dush will need a little more time to settle on the final approach.” Veronica Degraffenreid, who as the acting secretary of the commonwealth oversees Pennsylvania’s elections, has discouraged counties from participating in any election reviews, noting that any inspection of voting machines by uncredentialed third parties would result in their decertification, and that counties would have to bear the considerable costs of replacing the equipment.Trump’s Bid to Subvert the ElectionCard 1 of 4A monthslong campaign. More

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    Conor Lamb Enters 2022 Pennsylvania Senate Race

    Democrats sense their best chance to expand their slim hold on the Senate. Republican contenders are outdoing one another courting the “Super-MAGA-Trumpy” right wing.PITTSBURGH — Representative Conor Lamb thinks he knows what it takes for Democrats to win statewide in Pennsylvania.He looks to President Biden, whose narrow victory in the state — called four days after Election Day — put him over the top and in the White House.“People will use the word moderate,’’ Mr. Lamb said at his home in Pittsburgh’s South Hills on Thursday. “We’re a swing state. I don’t think we’re too far ideologically one way or the other.’’On Friday, at a union hall on Pittsburgh’s Hot Metal Street, Mr. Lamb announced his long-expected entry into Pennsylvania’s 2022 Senate race, vowing to “fight for every single vote across our state on every single square inch of ground,” and presenting himself as just middle-of-the-road enough to get elected statewide. The question is whether he is liberal enough to win the Democratic primary.A Marine veteran and former prosecutor, Mr. Lamb, 37, is likely the last major candidate to enter what are expected to be competitive, knockdown primary battles in both parties for the seat now held by Senator Pat Toomey, a Republican who is retiring.It is the only open seat now in Republican hands in a state that Mr. Biden carried, and Democrats see it as their best opportunity to expand their hairbreadth control of the Senate, where the 50-50 partisan split leaves Vice President Kamala Harris to cast deciding votes. A single additional seat would mean a simple Democratic majority in the Senate, and at least a sliver of insulation for the White House from the whims of individual senators who now hold enormous sway, like the moderates Joe Manchin of West Virginia and Kyrsten Sinema of Arizona.Mr. Lamb rose to prominence in 2018 when he won a special House election in a district that Mr. Trump had carried by double digits. He won twice more in a redrawn but still politically mixed district, staking out independent positions that included voting against Representative Nancy Pelosi for House Speaker. But while he bills himself as the strongest potential Democratic nominee precisely because of what he calls his Bidenesque, centrist approach, aspects of his record, including on guns and marijuana, are out of step with many primary voters.“Progressives are the most active in the party, and that makes it tough for Lamb,’’ said Brendan McPhillips, who ran Mr. Biden’s 2020 Pennsylvania campaign and is not working for a Senate candidate.Lt. Gov. John Fetterman, center, hopes to appeal to some working-class white voters who drifted over to support Mr. Trump.Jacqueline Dormer/Republican-Herald, via Associated PressThe early favorite of progressives and presumed front-runner for the Democratic nomination is Lt. Gov. John Fetterman, something of a folk hero to the national left, with some 400,000 Twitter followers who relish his posts in favor of “legal weed” and his frequent swipes at Mr. Manchin and Ms. Sinema for not “voting like Democrats.” As the 14-year mayor of Braddock, a poor community outside Pittsburgh, Mr. Fetterman tattooed the dates of local homicides on his arm. As lieutenant governor, he has fought to pardon longtime nonviolent inmates.Known for a casual working wardrobe of untucked tradesmen’s shirts and jeans, or even shorts, and for his imposing presence — he is 6-foot-8 with a shaved head — Mr. Fetterman, 51, hopes to appeal to some working-class white voters who drifted over to support Mr. Trump. He has lapped the field in fund-raising, pulling in $6.5 million this year.Still, Mr. Fetterman’s challenge is the flip side of Mr. Lamb’s: He could win the May primary but be seen as too liberal for Pennsylvania’s general-election voters. “He’s the candidate I think many Republicans would love to face,’’ said Jessica Taylor, an analyst for the nonpartisan Cook Political Report.A potential liability in the primary also looms for Mr. Fetterman in a 2013 incident, when he was mayor of Braddock. After hearing what he took to be gunshots, Mr. Fetterman stopped a Black jogger and held him at gunpoint until police arrived. The man turned out to be unarmed and was released. Mr. Fetterman addressed the episode in February, explaining he had made “split-second decisions” when he believed a nearby school might be in danger.Still, with police and vigilante violence against Black men a highly charged issue for Democratic voters, some party officials and strategists expressed fears that, if nominated, Mr. Fetterman could depress Black turnout. An outside group that supports the election of Black candidates has already run a radio ad in Philadelphia attacking Mr. Fetterman over the incident.“It’s most certainly an issue,” said Christopher Borick, a political scientist and pollster at Muhlenberg College in Allentown, Pa. “It hasn’t gone away and it keeps resurfacing. It raises red flags.”In a statement, Mr. Fetterman’s campaign noted that he had been “overwhelmingly re-elected” four months after the incident in Braddock, “a town that is 80 percent Black,” because voters there “know John, and they know this had nothing to do with race.” It added that he had gone on to “run and win statewide, and he is the only candidate running for this Senate seat who has done so.”Malcolm Kenyatta would be the first Black and first openly gay nominee if he wins the primary.Jose F. Moreno/The Philadelphia Inquirer, via Associated PressIf Democratic voters balk at Mr. Fetterman and Mr. Lamb, a path could open for alternative candidates, including Val Arkoosh, a county official in the electorally key Philadelphia suburbs and the only woman in the race, and Malcolm Kenyatta, a telegenic young state lawmaker from North Philadelphia.Mr. Kenyatta, who would be the state’s first Black and first openly gay Senate nominee if he won, has traveled extensively seeking local endorsements but lags behind his rivals in fund-raising.Ms. Arkoosh, a physician and the chair of the Board of Commissioners in Montgomery County, the state’s third largest county, has the endorsement of Emily’s List, which backs Democratic women who support abortion rights. Together, Mr. Fetterman, Mr. Lamb and Ms. Arkoosh significantly out-raised their Republican counterparts in the quarter ending in June.While Democrats see a model in Mr. Biden’s 81,000-vote victory in the state last year, which swept up suburban swing voters appalled by Mr. Trump, Republicans are currently playing almost exclusively to the Make America Great Again base, retelling the fable of a stolen 2020 election.There is a proven path to statewide victories for Republicans in Pennsylvania, one taken by two G.O.P. candidates last year who were elected treasurer and auditor general. They did so by running ahead of Mr. Trump in the suburbs of Philadelphia, Harrisburg and Pittsburgh, where many college-educated voters had traditionally supported Republicans but were repelled by the bullying, divisive former president.Val Arkoosh, a county official in the Philadelphia suburbs, is the only woman in the Democratic primary.Gene J. Puskar/Associated PressMr. Toomey, the retiring Republican senator, warned recently, “Candidates will have to run on ideas and principles, not on allegiance to a man.’’But few of the Republicans vying to succeed him seem to have listened.Sean Parnell, a former Army Ranger who lost a House race last year to Mr. Lamb, sued to throw out all 2.6 million Pennsylvania mail-in votes, a case the U.S. Supreme Court rejected, and has said he supports an Arizona-style audit of Pennsylvania’s 2020 ballots. Donald Trump Jr. has endorsed his Senate bid. And Jeff Bartos, a real estate developer and major party donor from the Philadelphia area who was expected to appeal to suburban voters, has similarly courted the Trump base, calling for a “full forensic audit” of Pennsylvania’s election, though multiple courts threw out suits claiming fraud or official misconduct.Neither Mr. Parnell nor Mr. Bartos raised as much money in the recent quarter as a dark-horse candidate, Kathy Barnette, a former financial executive who lost a congressional race in Philadelphia’s Main Line last year. Ms. Barnette has pushed claims of voter fraud on the far-right cable outlets Newsmax and OAN. A longtime Republican consultant in the state, Christopher Nicholas, said there were three lanes available to G.O.P. candidates: “Super-MAGA-Trumpy, Trump-adjacent, and not-so-much-Trump.”Lately, he said, almost everyone has elbowed into the “Super-MAGA-Trumpy” lane.“As a Republican, you have to watch how far to the right you go to win the primary, that it doesn’t do irreparable harm to them in the general election,’’ Mr. Nicholas said.Mr. Lamb faces a similar challenge as a moderate in the Democratic primary.He is sure to be hit hard over some past positions, including his opposition to an assault weapons ban in 2019 and his vote the previous year to extend permanently the Trump administration’s individual tax cuts.More recently, Mr. Lamb has stayed more in step with his party: In April, he endorsed Mr. Biden’s call to ban future assault weapons sales; in May, he endorsed ending the filibuster.Mr. Lamb said in an interview that the assault on the Capitol had been a turning point for him, particularly in how Republican leaders had come around to embrace Mr. Trump’s false charge that the 2020 vote had been rigged.He alluded to that again in his announcement speech on Friday: “If they will take such a big lie and place it at the center of the party,” he said of G.O.P. leaders, “you cannot expect them to tell the truth about anything else.” More

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    Biden swings by Pennsylvania in Covid relief tour and promises ‘more help’

    Sign up for the Guardian’s First Thing newsletterJoe Biden stopped by a unionized, Black-owned flooring company in the battleground state of Pennsylvania on Tuesday to highlight how the provisions of his $1.9tn coronavirus relief package will help lift small businesses hurt by the pandemic, part of a cross-country campaign to promote the first major legislative achievement of his presidency.During his visit to Smith Flooring Inc, located in the Philadelphia suburb of Chester, Biden said the sweeping new law was a “big deal” and promised the owners: “More help is on the way – for real.”“We’re gonna be paying our employees,” James Smith, who co-owns the business with his wife, Kristin Smith, said of their plan for the relief checks. “We’ve been paying them. Since the first run of PPP, we decided we wanted to take that money and not lay anyone off. We put everybody in a group and said, ‘Look, we’re gonna do this for you as a team, we’re gonna get through this together.’”Biden’s visit to Smith Flooring, in a state he clawed back from Donald Trump in 2020, was his first stop on the White House’s “Help is Here” tour and comes a day after Biden announced that his administration was on track to mark two key milestones in the coming days: delivering 100m Covid vaccinations since his inauguration – far outpacing his initial promise to administer those doses in his first 100 days – and distributing 100m stimulus checks to Americans.The tour includes Biden, Kamala Harris and their spouses, Jill Biden and Doug Emhoff. Later this week, Biden and the vice-president will visit Georgia, another swing state that he narrowly won in 2020.During the visit, Biden explained how his plan would help small businesses like Smith Flooring, which saw its revenue fall by roughly 20% during the pandemic, according to the White House. The flooring company recently qualified for a federal Payment Protection Program (PPP) loan under an action taken by the president targeting businesses with 20 or fewer employees.Biden’s plan, one of the largest emergency aid packages ever enacted, will provide $1,400 direct payments to most Americans, send $350bn in aid to state, local and tribal governments, dramatically expand the child tax credit and spend tens of billions of dollars to accelerate Covid-19 vaccine distribution and testing.“Shots in arms and money in pockets,” Biden said in brief remarks on Tuesday. “That’s important. The American Rescue Plan is already doing what it was designed to do: make a difference in people’s everyday lives.“We’re just getting started.”Alawi Mohamed, the owner of a commercial strip in Chester, said the first loan given in last year’s coronavirus relief package had helped him stay afloat, but he was hoping Biden’s plan would give him a much-needed boost.“Everybody got affected by Covid-19. When they shut down everything, we got affected big time. Nobody was around and people were actually staying home,” he said. Now he said, he is “back to business, gradually, but everything came out good”.Also on Tuesday, Biden introduced Gene Sperling, a longtime Democratic policy aide, to oversee the implementation of the $1.9tn package.Democrats are increasingly confident that the stimulus package will boost their prospects in 2022, when they will attempt to keep their slim majorities in both chambers of Congress despite a long history of the president’s party losing seats during the congressional midterm elections.Every Democrat except one House member voted for the bill while Republicans unified against it.Republicans have attacked the plan as bloated, filled with liberal priorities that run far afield of the coronavirus response. But Democrats argue that the package will lift the nation from the dual crisis by rushing immediate aid to those hit hardest by the economic downturn and help ensure a more even recovery. They also say it will go further to tackle deep-seated economic inequalities, halving child poverty and expanding financial aid for families squeezed by job loss and school closures.Polling has consistently found that Americans favor Biden’s stimulus plan. According to a new CNN/SSRS poll released this week, 61% of Americans approve of the coronavirus relief package, while 37% oppose it.Haunted by their lashing in the 2010 midterms, Democrats now believe that they didn’t do enough to promote their sweeping stimulus package, shepherded by the new Obama administration and passed by Democratic majorities in response to the financial collapse.The House speaker, Nancy Pelosi, has touted the package as among the most consequential bills of her decades-long career, putting it on par with the Affordable Care Act. In a letter to colleagues after the bill was signed, she urged members to hold tele-town halls and send informational literature to constituents to explain how the bill could benefit them and their families.“We want to avoid a situation where people are unaware of what they’re entitled to,” Harris said during her visit to a culinary academy in Las Vegas on Monday. “It’s not selling it – it literally is letting people know their rights. Think of it more as a public education campaign.” More

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    We Still Have to Worry About the Supreme Court and Elections

    #masthead-section-label, #masthead-bar-one { display: none }Campaign to Subvert the 2020 ElectionKey TakeawaysTrump’s RoleGeorgia InvestigationExtremist Wing of G.O.P.AdvertisementContinue reading the main storyOpinionSupported byContinue reading the main storyWe Still Have to Worry About the Supreme Court and ElectionsThe justices are about to consider whether the Voting Rights Act applies to policies that restrict the vote.Contributing Opinion WriterFeb. 25, 2021, 5:00 a.m. ETCredit…Damon Winter/The New York TimesWhen the Supreme Court on Monday rejected Pennsylvania Republicans’ after-the-fact effort to invalidate late-arriving mailed ballots, it was tempting to suppose that the country’s courthouse doors had finally closed on this most litigated of presidential elections.If only it were that simple.True, in denying the Republicans’ petitions, the court didn’t issue an opinion. Of the four votes necessary to accept a case, these two cases (treated by the court as one) garnered only three. So for the official record, the only outcome in Republican Party of Pennsylvania v. DeGraffenreid and in Corman v. Pennsylvania Democratic Party was “denied.”But the three justices who would have accepted the cases — Clarence Thomas, Samuel Alito and Neil Gorsuch — issued dissenting opinions that provide both a road map and a rationale for the Supreme Court’s future intervention in the quintessentially state matter of how to conduct elections.Remember Bush v. Gore, the case that decided the 2000 presidential election, in which five justices voted to overturn the Florida Supreme Court’s handling of a statewide recount? That decision was based on a theory of equal protection so wacky that the majority opinion insisted that “our consideration is limited to the present circumstances” — that is to say, don’t dare invoke this poor excuse for an opinion as a precedent.That didn’t stop Justice Thomas from citing Bush v. Gore in his dissenting opinion on Monday, and he did so in a particularly shameless fashion. The language he cited wasn’t even from the Bush v. Gore majority opinion, but rather from a separate concurring opinion filed in that case by only three of the majority justices, who argued that the Florida Supreme Court had violated the U.S. Constitution by substituting its will for that of the state Legislature. Justice Thomas invoked that minority portion of the decision to assert that the Pennsylvania Supreme Court was constitutionally out of bounds when, citing both the Covid-19 pandemic and the collapse of the Postal Service as its reasons, it added three postelection days for lawful receipt of mailed ballots.He went on to warn that fraud was “more prevalent with mail-in ballots,” citing as evidence a 1994 Federal District Court case, an article in this newspaper from 2012 and the 2018 Republican ballot-harvesting fraud in North Carolina. Such occurrences, he said, raise “the likelihood that courts will be asked to adjudicate questions that go to the heart of election confidence.” This was the reason, he argued, that the Supreme Court should have taken and decided the Pennsylvania cases before the next election cycle.In his inventory of ballot fraud, Justice Thomas of course could not refer to fraud in the 2020 election, because there wasn’t any. Not a problem:We are fortunate that many of the cases we have seen alleged only improper rule changes, not fraud. But that observation provides only small comfort. An election free from strong evidence of systemic fraud is not alone sufficient for election confidence. Also important is the assurance that fraud will not go undetected.In other words, Justice Thomas would have it both ways: If there was fraud, the court needed to intervene, and if there was no fraud, the court needed to intervene because the fraud might simply be undetected. Despite his disclaimer, the entire structure of his opinion, suggesting that something bad had happened even if no one could prove it, is fairly read as validating the essence of the Trump narrative.Justice Alito, in a separate dissenting opinion that Justice Gorsuch also signed, was more circumspect about the fraud issue. His emphasis was the urgency of stopping state courts from substituting their judgment for that of the legislatures. He said that even though the election was over and late ballots were too few to have made a difference in Pennsylvania’s vote totals, state courts could be expected to behave in the same way in the future unless the Supreme Court used this occasion to stop them.There are several things to note about the Pennsylvania cases. The most obvious is the absence of a fourth vote. In an initial round in the Pennsylvania cases, in mid-October, Justice Brett Kavanaugh had provided Justices Thomas, Alito and Gorsuch with a fourth vote to grant a stay of the state court decision. But a stay requires five votes rather than four. With Amy Coney Barrett not yet confirmed, the eight justices divided 4 to 4, and the stay was denied without opinions. Justice Kavanaugh withheld his vote on Monday, without explanation. Maybe he decided this was a propitious time to offer some cover for Chief Justice John Roberts, who has voted in nearly all the election cases this fall with the three remaining liberal justices.Justice Barrett was also silent. During her confirmation hearing, Senate Democrats had pressed her to promise recusal from any election cases, given that President Donald Trump had said he needed a prompt replacement for Justice Ruth Bader Ginsburg so that he would have a majority of justices voting his way in any election disputes. Justice Barrett did not recuse herself from the Pennsylvania case. Perhaps her decision not to provide the fourth vote her dissenting colleagues needed was a kind of de facto recusal, in recognition that the optics of voting to hear a last-ditch Trump appeal would be awkward, to say the least.The deeper question raised by Monday’s development is why Justices Thomas, Alito and Gorsuch are so intent on what would seem to be a counterintuitive goal for conservatives: curbing the power of state courts. I’m cynical enough to think it has to do with how these three understand the position of state legislatures and state courts in today’s political climate. It’s been widely reported that Republican-controlled legislatures are rolling out bills by the dozens to restrict access to the polls, aimed at discouraging the kind of turnout that produced Democratic victories in Georgia last month. The vote-suppression effort has become so aggressive that some Republicans are starting to worry about voter backlash, according to a recent Washington Post article.State courts, on the other hand, are capable of standing in the way of this strategy. When state high-court judges are elected, as they are in many states, they typically run in statewide races that are not subject to the gerrymandering that has entrenched Republican power in states that are much more balanced politically than the makeup of their legislatures reflects. What better way to disable the state courts in their democracy-protecting role than to push them to the sidelines when it comes to federal elections.So there is no way the Supreme Court is finished with elections. Next Tuesday, as it happens, the justices will hear a crucial voting rights case. The case, from Arizona, asks the court to decide for the first time how Section 2 of the Voting Rights Act of 1965 applies to policies that restrict the vote, through such measures as voter ID requirements.Section 2, which pertains nationwide, is the major remaining provision of the Voting Rights Actfollowing the Supreme Court’s dismantling of the act’s Section 5, in the 2013 Shelby County case. That section barred certain states and smaller jurisdictions from making changes in their election procedures without first receiving federal permission, known as “preclearance.” Section 5 provided vital protection in parts of the country where racism had not released its grip on the levers of power.The issue now is whether Section 2 can be deployed to fill that gap. It prohibits any voting practice that “results in a denial or abridgment of the right of any citizen of the United States to vote on account of race or color.” It has typically been used to challenge redistricting plans that dilute the electoral power of racial and ethnic minorities. The question of whether it can be useful in challenging the wave of vote-suppression schemes, which can present complex problems of proof, hands the justices arguably the most important civil rights case of their current term.With the country exhausted and still reeling from the turmoil of the 2020 election and its bizarre aftermath, the urge not to think about elections for a while is powerful. I share it. But it’s a luxury the Supreme Court hasn’t given us, not now, not as long as some justices have more to say.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.AdvertisementContinue reading the main story More