More stories

  • in

    Trump Holds Rally in Florida, Across State From Building Disaster

    Aides to Gov. Ron DeSantis questioned Trump associates about whether the event on Saturday night in Sarasota should proceed given the scope of the tragedy in Surfside.Former President Donald J. Trump held a Fourth of July-themed rally on Saturday night in Sarasota, Fla., across the state from where a tragedy has been unfolding for more than a week as firefighters, search dogs and emergency crews search for survivors in the collapse of a residential building just north of Miami Beach.The political rally in the midst of a disaster that has horrified the nation became a topic of discussion among aides to the former president and Gov. Ron DeSantis of Florida, a Trump ally whose growing popularity with the former president’s supporters is becoming an increasing source of tension for both men, according to people familiar with their thinking.After officials from the governor’s office surveyed the scene of the condominium collapse in Surfside, Fla., Adrian Lukis, chief of staff to the governor, called Michael Glassner, a longtime Trump aide who is overseeing the Florida event, according to people familiar with the discussion. In a brief conversation, Mr. Lukis inquired whether the former president planned to continue with the event given the scale of the tragedy, two people said.He was told there were no plans to reschedule.A spokeswoman for Mr. Trump, Liz Harrington, said that the rally in Sarasota was “three-and-a-half hours away, approximately the same distance from Boston to New York, and will not impact any of the recovery efforts.”She added that the former president “has instructed his team to collect relief aid for Surfside families both online and on-site at the Sarasota rally.”After a brief moment of silence for the victims and families of the tragedy as he took the stage, Mr. Trump quickly launched into a castigation of cancel culture and of the Biden administration’s immigration policies.He dismissed charges filed this week against his business, the Trump Organization, by the Manhattan district attorney’s office as “prosecutorial misconduct.” And while he appeared to deny knowledge of any possible tax evasion on benefits, he also seemed to acknowledge that those benefits occurred.“You didn’t pay tax on the car, or the company apartment,” he said, adding, “Or education for your grandchildren. I don’t even know, do you have to put, does anyone know the answer to that stuff?”Much of what followed was a familiar list of his grievances, but he drew an enthusiastic crowd that waited for hours in pouring rain to hear him speak. Mr. DeSantis, who met on Thursday with President Biden when the president visited the site of the disaster, originally wanted to attend the rally but ultimately decided he could not go. “He spoke with President Trump, who agreed that it was the right decision, because the governor’s duty is to be in Surfside,” his press secretary, Christina Pushaw, said, adding, “Governor DeSantis would have gone to the rally in normal circumstances.’’In an interview with Newsmax ahead of the rally, Mr. Trump said he told Mr. DeSantis not to come.But during the rally, when he thanked local Republican leaders in Florida, he notably did not mention Mr. DeSantis.The governor, an early supporter of Mr. Trump, has been eager to play down any perceived tension with the former president, who endorsed his campaign for governor in 2018 and could cause him a political headache if he turned against him.“Governor DeSantis is focusing on his duties as governor and the tragedy in Surfside, and has never suggested or requested that events planned in different parts of Florida — from the Stanley Cup finals to President Trump’s rally — should be canceled,” Ms. Pushaw said after the Washington Examiner reported that Mr. DeSantis had pointedly asked Mr. Trump to delay his rally.Gov. Ron DeSantis had originally planned to attend Mr. Trump’s rally in Florida but no longer plans to do so.Scott McIntyre for The New York TimesThe recent conversation between Mr. Lukis and Mr. Glassner was not the first time Mr. DeSantis’s staff had expressed reservations about the timing of Mr. Trump’s event. Before the condominium collapse, Mr. DeSantis’s office had suggested to the Trump team that the fall was better timing for a rally, given the perils of hurricane season in Florida, two people familiar with the conversation said.Mr. Trump ignored the suggestion. Shut out of Facebook and Twitter, Mr. Trump has been eager for an outlet to have his voice heard and has been chomping at the bit to return to the rally stage, aides said.Mr. DeSantis is seen as a top-tier Republican presidential candidate for 2024, and may end up in a political collision with the former president, who himself has hinted that he is considering a third try for the White House.People close to Mr. Trump said he had become mildly suspicious of a supposed ally. He has grilled multiple advisers and friends, asking “what’s Ron doing,” after hearing rumors at Mar-a-Lago that Mr. DeSantis had been courting donors for a potential presidential run of his own. He has asked aides their opinion of a Western Conservative Summit presidential straw poll for 2024 Republican presidential candidates, an unscientific online poll that showed Mr. DeSantis beating Mr. Trump. More

  • in

    Democrats Face High New Bar in Opposing Voting Laws

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

  • in

    Labour's Kim Leadbeater Wins U.K. By-Election in Batley and Spen

    The election this week of the sister of Jo Cox, a lawmaker who was killed in 2016, was seen as a victory for Labour’s leader in a region where Prime Minister Boris Johnson’s Conservatives had made big inroads.LONDON — Britain’s opposition Labour Party on Friday scored an unexpected if narrow victory in a battle for an open Parliament seat that was widely seen as a critical test for the party’s leader, Keir Starmer, who has been under pressure for failing to revive the party’s fortunes.Many had expected that the Conservatives would take the seat, which Labour has held since 1997, because of the spoiler campaign of George Galloway. The victory will be a big relief for Mr. Starmer, who faced criticism in May when his party lost a by-election in Hartlepool, another former stronghold in the north of England.That result added weight to the idea that support for Labour had collapsed in the “red wall,” former industrial areas of England in which Prime Minister Boris Johnson’s Conservatives have been making big inroads.Results announced early Friday gave the Labour candidate, Kim Leadbeater, a win of just 323 votes over her Conservative Party rival, Ryan Stephenson, after an acrimonious contest in Batley and Spen, one of Labour’s traditional heartland seats in northern England.Voting in the by-election took place on Thursday after a campaign marred by claims of intimidation, including one episode in which Ms. Leadbeater was heckled aggressively and another that led to the arrest of a man on suspicion of assault in connection with an attack on Labour supporters.Ms. Leadbeater acknowledged that it had been “a grueling few weeks” but added, “I am absolutely delighted that the people of Batley and Spen have rejected division and they voted for hope.”Labour fought hard to retain Batley and Spen, which was represented in Parliament by Ms. Leadbeater’s sister, Jo Cox, until she was murdered by a far-right fanatic in 2016.Ms. Leadbeater’s narrow path to victory was a complicated one. She was competing not only against the Conservative candidate, Mr. Stephenson, but also against Mr. Galloway, a former lawmaker and veteran left-wing campaigner who sought to divert support from Labour.Although Labour held off the challenge from Mr. Galloway, its share of the vote in Batley and Spen was lower than in the 2019 general election.Since the Brexit referendum in 2016, Mr. Johnson’s Conservative Party has succeeded in winning over many of Labour’s core voters in working-class communities in the north and middle of England.Before the result in Batley and Spen, there had been news media speculation that Mr. Starmer would be vulnerable to a leadership challenge if Ms. Leadbeater lost, as many were expecting.Most analysts believed that Mr. Starmer would have been safe regardless of the result, because there is no credible alternative waiting in the wings. But the victory — narrow as it was — will be especially welcome news for the party leaders, because the contest could have been avoided.The by-election was triggered in May when the area’s former Labour lawmaker, Tracy Brabin, was elected to another job as West Yorkshire mayor, requiring her to step down from Parliament. Mr. Starmer was accused of mismanaging the situation and putting the seat at risk by allowing her to run for the mayoral position.Since he took the job of leader last year, Mr. Starmer, a former top prosecutor, has tried to unite the party after it was routed in 2019 parliamentary elections under the stewardship of Jeremy Corbyn, its left-wing leader at the time.Mr. Starmer’s critics have accused him of a lack of charisma and of failing to set out a convincing alternative policy agenda to that of the Conservatives.His defenders have appealed for patience and have contended that the pandemic has made it hard for the opposition to impress voters whose attention is focused on government efforts to bring Covid-19 restrictions to an end.In his election literature, Mr. Galloway had called on voters to abandon Labour to increase pressure on Mr. Starmer and force him out of his job.When the count was completed early Friday, Ms. Leadbeater won 13,296 votes, Mr. Stephenson was in second place with 12,973 and Mr. Galloway third with 8,264.Labour “won this election against the odds,” Mr. Starmer said. “And we did so by showing that when we are true to our values — decency, honesty, committed to improving lives — then Labour can win.” More

  • in

    Gov. Gavin Newsom’s Recall Election Set for Sept. 14.

    The Republican-led, pandemic-fueled campaign to recall Gov. Gavin Newsom of California got an official election date on Thursday, as the state’s lieutenant governor announced that voters would head to the polls on the issue on Sept. 14.The date, just 75 days away and the soonest that county officials said they could manage to pull together a special election, was released shortly after the California secretary of state formally certified the recall petition. And it came after Mr. Newsom’s fellow Democrats in the State Legislature decided to expedite the process.California is overwhelmingly Democratic and Mr. Newsom is widely expected to prevail, particularly as the state has emerged from the coronavirus crisis. The conventional wisdom among his advisers and allies has been that he will benefit from a swift decision, while Californians are still basking in relief from the reopening of the state’s economy, and before the autumn wildfires begin in earnest.The timeline, set by a fellow Democrat, Lt. Gov. Eleni Kounalakis, also severely restricts the ability of prospective challengers to get onto the ballot, leaving only about two weeks for them to join the race to replace Mr. Newsom. More than 50 candidates are already on the ballot, with a handful of well-funded Republicans seriously campaigning.Expected to cost some $276 million, the special election will be the second time in state history that Californians have voted on whether to recall a sitting governor. The first resulted in the ouster of Gray Davis and the election of Arnold Schwarzenegger in 2003.Mr. Newsom and his supporters, who have derided the recall campaign as a last-ditch ploy for relevance by right-wing extremists, said on Thursday that they welcomed the decision of voters.“This Republican recall is a naked attempt by Trump Republicans to grab control in California — powered by the same Republicans who refused to accept the results of the presidential election,” said Juan Rodriguez, the leader of the governor’s campaign organization.Kevin Faulconer, the former mayor of San Diego and one of the Republican contenders, countered that “this movement is powered by Californians from every community — Democrats, Republicans and Independents.”Mr. Faulconer added, “Change is coming for California and retirement is coming for Gavin Newsom.”Recall attempts are not uncommon in California, with every governor since 1960 facing at least one. But getting a recall onto the ballot is rare.The campaign against Mr. Newsom languished for months before a series of pandemic-related missteps, judicial decisions and voter fury landed the governor — a liberal in a Democratic state who was elected in 2018 in a landslide — in a perfect political storm. More

  • in

    The Rest of the World Is Worried About America

    This weekend, American skies will be aflame with fireworks celebrating our legacy of freedom and democracy, even as Republican legislature after Republican legislature constricts the franchise and national Republicans have filibustered the expansive For The People Act. It will be a strange spectacle. More

  • in

    N.Y.C. Mayor’s Race Remains Tight With Adams Leading in Revised Tally

    Eric Adams kept his lead in a new tally of ranked-choice preferences, after the Board of Elections scrapped the results of an earlier count.A day after New York City’s Board of Elections sowed confusion in the Democratic mayoral primary by releasing new tallies and then retracting them, it issued a new preliminary tally of votes suggesting that the race between Eric Adams, the primary night leader, and his two closest rivals had tightened significantly.According to Wednesday’s nonbinding tally, Mr. Adams led Kathryn Garcia by just 14,755 votes, a margin of around 2 percentage points, in the final round. Maya Wiley, who came in second place in the initial vote count, barely trailed Ms. Garcia after the preliminary elimination rounds were completed: Fewer than 350 votes separated the two.But in reality, all of those candidates remain in contention, and those numbers could be scrambled again as the city’s Board of Elections tabulates ranked-choice outcomes that will include roughly 125,000 Democratic absentee ballots, with a fuller result not expected until mid-July.While campaign officials and some New Yorkers were engrossed in the emerging results, the count was nearly overshadowed by the vote-tallying debacle that drew national attention and stoked concerns about whether voters will have faith in the city’s electoral process.The fiasco stemmed from an egregious error by the Board of Elections: Roughly 135,000 sample ballots, used to test the city’s new ranked-choice system, had been mistakenly counted. The board was forced to retract the results from a tabulation of ranked-choice preferences, just hours after it had published them on Tuesday.The board on Wednesday eventually released the results of a second tally of ranked-choice preferences among Democrats who voted in person last Tuesday or during the early voting period.Those results, which do not account for the tens of thousands of absentee ballots, echoed the findings briefly released on Tuesday: Mr. Adams, the Brooklyn borough president, held a much narrower lead than the one he held on primary night, when only the first-choice preferences were counted.Under the city’s new ranked-choice voting system, voters can rank up to five candidates on their ballots in preferential order. If no candidate receives more than 50 percent of first-choice votes, the winner is decided by a process of elimination: Lower-polling candidates are eliminated one by one in separate rounds, with their votes distributed to whichever candidate those voters ranked next. The process continues until there is a winner.History suggests it is very difficult, but not impossible, for a candidate who trails in an initial round to ultimately win a ranked-choice race.Eric Adams retained his first-place primary night position, but two of his nearest rivals narrowed the gap.James Estrin/The New York TimesThe new numbers offered a snapshot of the kinds of coalitions the contenders were able to build.Ms. Garcia, who spent the final days of the race campaigning with Andrew Yang, a former presidential candidate, clearly benefited when he was eliminated in the ranked-choice exercise. She moved from third place into second, edging past Ms. Wiley, though Mr. Adams benefited when Mr. Yang was eliminated as well.Mr. Yang had made clear that Ms. Garcia was his second choice, and the two had formed an apparent alliance, appearing together on campaign literature and in public, particularly in neighborhoods with significant Asian American populations.Ms. Garcia also took the vast majority of Ms. Wiley’s votes when Ms. Wiley was eliminated in the exercise. Either candidate would be the city’s first female mayor.They and Mr. Adams stressed the importance of ensuring that voters can maintain faith in the city’s electoral process as the Board of Elections tabulates the results. The candidates also noted the importance of the coming absentee ballot tabulations.“With more than 120,000 absentee ballots left to count — in addition to provisional ballots and potential recanvassing of results — this election is still wide open,” Ms. Wiley said in a statement. “That’s why following yesterday’s embarrassing debacle, the Board of Elections must count every vote in an open way so that New Yorkers can have confidence that their votes are being counted accurately.”Even before the chaotic display on Tuesday, the elections board had already faced criticism over its decision to reveal some ranked-choice results without factoring in absentee votes.A number of strategists and officials warned that such a move could fuel voter confusion, especially if there is a different winner once absentee ballots are added in. Results will not be certified until all ballots, including absentee votes, are accounted for, a process that is expected to stretch well into next month.“While we remain confident in our path to victory, we are taking nothing for granted and encourage everyone to patiently wait for over 124,000 absentee ballots to be counted and included in the ranked choice voting tabulation,” Ms. Garcia said in a statement. “Every candidate should respect the democratic process and be committed to supporting whomever the voters have selected to be the Democratic nominee for mayor.”Mr. Adams’s campaign struck a similar note, saying in a statement that there were “still absentee ballots to be counted that we believe favor Eric — and we are confident we will be the final choice of New Yorkers when every vote is tallied.”Tuesday’s extraordinary counting error comes not long after a 2020 presidential campaign in which Republicans sought to sow unfounded doubts about the integrity of the election and promoted false claims of voter fraud.And the confusion surrounding the primary results in New York prompted former President Donald J. Trump to weigh in, claiming without evidence that “nobody will ever know who really won.”Mr. Adams shot back on Twitter: “As always, Trump gets it wrong.”“Yesterday, the results released by the B.O.E. had discrepancies which are being addressed,” he said. “There were NO similar issues in November. Neither of these elections were a hoax or a scam. We need to count every vote. That takes time, and that’s OK.”In a statement Wednesday evening, the commissioners of the board apologized for the uncertainty and noted new tabulation safeguards, while stressing that the problems were not tied to the ranked-choice process.“We have implemented another layer of review and quality control before publishing information going forward,” the statement said.The statement acknowledged that the board “must regain the trust of New Yorkers.”“We will continue to hold ourselves accountable and apologize to New York City voters for any confusion,” it stated.Still, Tuesday’s developments gave more impetus to long-stalled efforts to bring meaningful reforms to the Board of Elections. The State Senate majority leader, Andrea Stewart-Cousins, said in a statement that the legislative body should move urgently to pass voting reforms.“The situation in New York City is a national embarrassment and must be dealt with promptly and properly,” said Ms. Stewart-Cousins, a Democrat. “In the coming weeks, the Senate will be holding hearings on this situation and will seek to pass reform legislation as a result at the earliest opportunity.”A spokeswoman for Assemblywoman Latrice Walker, the chairwoman of the Committee on Election Law, said that the committee would be holding a hearing on ranked-choice voting.Maya Wiley characterized the Board of Elections’ mistake as an “embarrassing debacle.” Hilary Swift for The New York TimesThe counting error was the latest episode in a long series of blunders and other dysfunction at the Board of Elections, and the recriminations began nearly instantly.Mayor Bill de Blasio on Wednesday called for a total overhaul of the body.“Yet again, the fundamental structural flaws of the Board of Elections are on display,” he said in a statement, also calling for “an immediate, complete recanvass” of the vote count and “a clear explanation of what went wrong.”“Going forward,” he said, “there must be a complete structural rebuild of the board.”And Mr. Adams’s campaign announced that it had filed a lawsuit in State Supreme Court in Brooklyn.“Today we petitioned the court to preserve our right to a fair election process and to have a judge oversee and review ballots, if necessary,” the campaign said in a statement. “We invite the other campaigns to join us and petition the court as we all seek a clear and trusted conclusion to this election.”Ms. Garcia’s campaign indicated in a statement that it was filing in court as well, to preserve “our rights under election law to protect the canvass and provide for court supervision of the vote count if needed.”The Wiley campaign declined to comment on any potential legal proceedings.Separately, Mr. Adams and some of his allies have long expressed concerns about the ranked-choice voting process, which voters approved in a 2019 ballot measure. Some of Mr. Adams’s surrogates have cast ranked choice as an attempt to disenfranchise voters of color, a characterization that supporters of the process strongly reject.But the bulk of the critical focus on Wednesday fell on the Board of Elections, as new details emerged about the circumstances that led to what the board insists was a human error.For example, the supplier of the software that New York City used to tabulate votes repeatedly offered its assistance to the board, according to Christopher W. Hughes, the policy director at the Ranked Choice Voting Resource Center, which provided the open-source software.He did not hear back.Dana Rubinstein, Ed Shanahan and Jeffery C. Mays contributed reporting. More

  • in

    Inside the Turmoil at the Agency That Is Running Ranked-Choice Voting

    The Board of Elections, which has a history of mishaps, is now under intense fire for its error in releasing mayoral primary results.As New Yorkers began to cast ballots in the first citywide election with ranked-choice voting, turmoil quietly roiled the government agency overseeing the election.The agency, the New York City Board of Elections, had lost its executive director and one of his top deputies just weeks before early voting. It was being pressured to change its plan for releasing results.And as Primary Day approached on June 22, the board’s remaining leaders had repeatedly declined help with the ranked-choice software and delayed training for employees, creating confusion among the staff.On Tuesday, as the city eagerly awaited results in the mayoral primary and other major races, the problems burst into public view when the agency released preliminary ranked-choice vote totals — only to retract them hours later, acknowledging that they were no longer trustworthy.Officials explained that the board had mistakenly included more than 130,000 test ballots in the preliminary count. A new ranked-choice tally was run on Wednesday, and the top-line results were unchanged: Eric Adams, who had the most first-place votes on primary night, was still the first choice, but by a far narrower numerical margin over his closest rival, Kathryn Garcia.The results, however, seemed almost anticlimactic, with the memory of Tuesday’s snafu still causing outrage across the city and renewing calls for changes at the elections board. It also resurrected long-held frustrations about the barriers that have persistently blocked reforms at the agency, despite decades of blunders and scandals.“It’s just one fiasco after another, year after year,” said Lulu Friesdat, executive director of Smart Elections, an elections reform group. “The fact that we haven’t made the effort to change that is shocking. It’s appalling.”New York is the only state in the country with local election boards whose staffers are chosen almost entirely by Democratic and Republican Party bosses. The system is meant to ensure fairness by empowering the parties to watch each other, but for decades the board in New York City has been criticized for nepotism, ineptitude and corruption.In recent years, the political appointees who run the board have stumbled again and again. They mistakenly purged about 200,000 people from voter rolls ahead of the 2016 election; they forced some voters to wait in four-hour lines on Election Day 2018; and they sent erroneous ballots to nearly 100,000 New Yorkers seeking to vote by mail last year.Still, while some lawmakers have suggested reforms, the proposals have failed to gain much traction. The structure of the election board is enshrined in the New York State Constitution, so it is hard to change, and political leaders have little incentive to support any reforms because the current system gives them a lot of power.The snafu in ranked-choice results created outrage across the city.Dave Sanders for The New York TimesOn Wednesday, facing anger and ridicule from across the political spectrum — including in a statement sent by former President Donald J. Trump — leaders in the New York State Senate and Assembly vowed to hold hearings to finally tackle problems at the board.“The situation in New York City is a national embarrassment and must be dealt with promptly and properly,” said Andrea Stewart-Cousins, a Democrat who leads the Senate, in a statement. “In the coming weeks, the Senate will be holding hearings on this situation and will seek to pass reform legislation as a result at the earliest opportunity.”Even as lawmakers promised reforms, the board acknowledged for the first time Wednesday that it had been operating through the election season without much of its leadership team.Michael Ryan, who has served as the board’s executive director since 2013, has been on medical leave since early March, and Pamela Perkins, the agency’s administrative manager, retired on June 1 after nearly two decades in the position, a spokeswoman confirmed.The New York Post reported Mr. Ryan’s medical leave earlier Wednesday.Wilma Brown Phillips, who was chosen to succeed Ms. Perkins, started the job on Monday, meaning the board did not have an administrative manager on Primary Day.In the absence of Mr. Ryan and Ms. Perkins, both Democrats, day-to-day operations were effectively run by the board’s two top Republicans, Dawn Sandow and Georgea Kontzamanis.Ms. Sandow is a former executive director of the Bronx Republican Party with deep ties to Guy Velella, a longtime lawmaker and Bronx party leader who quit elected office in 2004 after pleading guilty in a bribery conspiracy.The leadership vacuum — during an intense election, with a new method of voting — caused tumult at the board for months, several employees said.As the board dealt with those issues, it also ignored offers of technological assistance from the supplier of the software that it would use to tabulate the ranked-choice votes.The supplier, Ranked Choice Voting Resource Center, first offered to help on May 26 and then tried again several times, said its policy director, Christopher W. Hughes.“We had offered up to the Board of Elections to be there in person or remotely and support running the ranked-choice voting election,” Mr. Hughes said in an interview on Wednesday.Mr. Hughes said the resource center could have run a parallel process, using the same data and a copy of the same software, to ensure that the results matched. Doing so would have made it more likely that they would have caught the test ballots that were inadvertently added to the tally on Tuesday, he said.Valerie Vazquez-Diaz, a spokeswoman for the elections board, declined to address the substance of Mr. Hughes’s assertion.Instead, she reiterated the board’s position that the problem was not caused by the software, but by the agency’s staff.“The issue was not the software,” Ms. Vazquez-Diaz said. “There was a human error where a staffer did not remove the test ballot images from the Election Management System.”Understanding the potential role of human error, Mr. Hughes had offered to train New York City election workers on the software, and to provide “remote or in-person support” when it came time to tabulate the vote.His original proposal set out a budget of $90,000 for assistance through 2025, at the cost of $100 or $150 an hour. But he did not hear back, even after trying again on June 2, June 14 and finally, June 21, the day before the primary.The organization’s software was used last year in primaries in Kansas, Wyoming and Alaska. Mr. Hughes said the center always offered some assistance to jurisdictions using its software.“Other jurisdictions tended to be more responsive to outreach, though,” he said.Delays plagued the plan to train staff in the software used for ranked-choice voting.Dave Sanders for The New York TimesThe board also got a late start in testing the software to generate the ranked-choice results because of an impasse with the State Board of Elections that took more than a year to resolve. As recently as a month before the election, the board still faced the possibility of having to count hundreds of thousands of ballots by hand.Only on May 25 did the state board give a green light to the city board’s preferred software package, known as the Universal Ranked-Choice Voting Tabulator.Douglas Kellner, the co-chairman of the state Board of Elections, said the delay was caused by the city election board itself, as well as resistance from Republicans on the state board.“The city Board of Elections had other priorities, that was one issue,” Mr. Kellner said. “And when they finally got around to saying, ‘We have a ranked-choice voting election next year,’ the Republicans at the state Board of Elections started dragging their feet, because they question whether the city even had the authority to amend the charter to provide for this system of voting. So that added several months of additional delay.”Delays also plagued the plan to train employees on the software and ranked-choice voting itself, workers said. Two employees said they did not receive training until after early voting had already begun.A final challenge emerged when the board leaders struggled to decide how and when to release the results of the ranked-choice voting.The board always planned to release only the results of first-choice votes by early voters and in-person voters on primary night. Initially, it planned to then wait until it had received all the absentee votes to conduct the instant runoff enabled by the ranked-choice part of the election.However, officials had received pressure to release results earlier, including from Councilman Brad Lander, who proposed legislation last December to require earlier reporting. Some supporters of ranked-choice voting pushed to make raw voting data public early on, in part because they feared that if the absentee votes changed the results, critics would blame ranked-choice voting.At the last minute — just a few days before Primary Day, employees said — the board settled on a compromise: It would release the results of an instant runoff just for the early votes and in-person voters, as something of a test of the system. That was the release on Tuesday, which was calculated erroneously and sparked the outrage.The debate about when to release results surfaced as early as December, at an oversight hearing of the City Council.At that hearing, Councilman Fernando Cabrera opened with a warning that now sounds prescient.“2021 is the biggest year for local races in recent memory, with open contests for all citywide offices and two-thirds of the City Council seats,” he said. “We cannot afford to get this wrong.”Michael Rothfeld More

  • in

    How Andrew Yang Went from Front-Runner to Fourth Place

    For months, Andrew Yang seemed like he was exactly what New York City was looking for in a mayor.He was relentlessly positive at a time when the city, still locked down during the pandemic, was somber. While other candidates were stuck in a loop of online mayoral forums, he seized attention by holding in-person events, capitalizing on his star power as a 2020 presidential candidate.He leapt to the top of polls, drawing the affection of wealthy donors and envy from the race’s more established candidates. But as the race’s sudden front-runner, Mr. Yang began to draw more scrutiny from the news media and his rivals, and bit by bit, he lost ground.Eric Adams was the first to pass him, and others would follow. By primary night, Mr. Yang was the first candidate to concede, far back in fourth place.His collapse was a result of an accumulation of factors: self-inflicted wounds, a perception that he was out of his depth, and the city’s changing environment.The pall that had fallen over New York had started to lift: Mr. Yang had campaigned on reopening the city, but the city had reopened without him. And now New Yorkers seemed far more worried about crime, an ideal scenario for Mr. Adams, a former police captain and the current Brooklyn borough president.Mr. Yang tried to change his message and tone, but the shift was too late and seemed to alienate some of his core followers.In the early stages of the mayoral campaign, Mr. Yang held far more in-person events than his rivals.Chang W. Lee/The New York TimesIn interviews with campaign staffers and surrogates, supporters and opponents, the diagnoses of Mr. Yang’s electoral maladies span the spectrum: He fumbled once it became clear that celebrity alone could not carry the day; he did not try hard enough to reach Black and Latino voters. His campaign was too media-driven, yet he never fully relinquished his Twitter account to more responsible hands. He failed to master the city’s intricacies, and did not turn on-the-ground energy into votes.“When you’re out in the streets and in the communities, and people are literally shouting at him, ‘I’m going to vote for you,’ what’s the step two?” asked Grace Meng, a congresswoman from Queens who endorsed Mr. Yang. “Step-one level of excitement isn’t enough.”In the initial stages of his campaign, it seemed like Mr. Yang was everywhere. While the rest of the field held virtual forums and fund-raisers, he was on the streets, touring Flushing, Queens, and Brownsville in Brooklyn, and visiting Hwa Yuan, a 54-year-old Chinatown restaurant struggling to survive the pandemic. He sat for interviews with Wolf Blitzer and “The View,” and won big-name endorsements from Representative Ritchie Torres of the Bronx, and Martin Luther King III.Mr. Yang, who declined to be interviewed for this article, vowed to deliver $2,000 a year in guaranteed cash to the city’s 500,000 poorest New Yorkers. It was far from the universal basic income plan that drove his presidential campaign, and he never clearly explained how he would pay for it, but it still forced some of his rivals to respond with cash relief plans of their own.At campaign events like the reopening of Coney Island, Mr. Yang was relentlessly positive.James Estrin/The New York TimesHe had to quarantine when a campaign staffer got Covid, and then isolate again when he got it himself. He suffered through a kidney stone. But little seemed like it could stop him, not even a series of gaffes.He suggested that New York should put a casino on Governors Island, a green respite in the harbor where casinos are illegal. He released a video of a local “bodega” that seemed to suggest to social media critics that he did not know what a bodega was. He incited the left when he suggested he would crack down on street vendors — many of them undocumented workers with few other options at their disposal.Mr. Yang, 46, also withstood ridicule after telling The New York Times how he spent much of the pandemic in his second home upstate. He noted the challenges of fulfilling his obligations as a CNN commentator from his apartment in Manhattan, explaining, “Can you imagine trying to have two kids on virtual school in a two-bedroom apartment, and then trying to do work yourself?” Many New Yorkers had no trouble imagining that at all.“I think we took a lot of cannons for a long time, some of it justifiable,” said Chris Coffey, one of Mr. Yang’s two campaign managers, who was speaking by phone from Governors Island, where the Yang campaign was having a postelection picnic whose location was intentionally ironic (and where there were in fact cannons). “It’s hard to know what causes the ship to eventually take on water. I still think most of it is the race just changed.”Mr. Yang’s nonstop campaign schedule did come to a halt when he had to isolate after testing positive for Covid-19. Sara Naomi Lewkowicz for The New York TimesTwo weeks in particular stood out to campaign supporters as the turning point in Mr. Yang’s fortunes. On May 10, Mr. Yang sent out a tweet that was drafted by a Jewish adviser, and vetted by Mr. Coffey. At the time, the Israeli army and Hamas were exchanging fire, a dramatic ratcheting up of tensions that killed civilians on both sides, but particularly Palestinians.“I’m standing with the people of Israel who are coming under bombardment attacks, and condemn the Hamas terrorists,” Mr. Yang said. “The people of NYC will always stand with our brothers and sisters in Israel who face down terrorism and persevere.”Nothing about the tweet was out of step with how New York politicians typically talk about Israel. The city is home to the largest Jewish population outside of Israel, and Mr. Adams had made a similar statement. But Mr. Yang has nearly two million Twitter followers, and his tweet drew attention from all sides.Mr. Yang received unwanted praise from Senator Ted Cruz of Texas and Stephen Miller, the Trump adviser, and unwanted condemnation from Representative Alexandria Ocasio-Cortez of New York, who said that Mr. Yang’s remarks, followed by his plan to attend a Muslim event in Queens, were “utterly shameful.”The episode led the campaign to tighten its process for reviewing urgent policy tweets, Mr. Coffey said, requiring that all of them get approval from both him and Sasha Neha Ahuja, Mr. Yang’s other campaign manager.On May 19, Mr. Yang demonstrated ignorance about the debt load of the Metropolitan Transportation Authority, whose subway and bus system he had proposed to take over from the state. The next day, he failed to understand a question about a controversial law that protected police disciplinary records; hours earlier, he had proposed creating homeless shelters for victims of domestic violence, even though New York City has operated such shelters for years.In the race’s last stages, Mr. Yang campaigned alongside Kathryn Garcia, and encouraged his followers to rank her second.Michelle V. Agins/The New York TimesIn retrospect, rival campaign aides said that Mr. Yang erred from the beginning by not expressing more humility and a hunger to learn the New York City political ropes from those who know them.Peter Brown, the chief strategist for Kathryn Garcia’s campaign, said he disagreed with the Yang campaign’s decision to release internal polling that at times conjured a sense of the near-inevitability of victory. Instead, Mr. Brown suggested that it would have been wiser to release a memo minimizing expectations, portraying Mr. Yang as an overachieving underdog who was going to have to work hard.Micah Lasher, the campaign manager for the city comptroller, Scott M. Stringer, made a similar point, and harkened back to Hillary Clinton’s run for the Senate.“Hillary Clinton came in 2000 and demonstrated a surprising humility and interest in learning, and there was a version of that that Yang could have done,” Mr. Lasher said. “Instead, they did the opposite: ‘We’re here, we are big, we are going to win.’ That was the beginning and end of their game plan.”By the end of the campaign, Mr. Yang’s camp had shifted yet again — the preternaturally upbeat Mr. Yang turned negative.Mr. Yang used a recent spate of anti-Asian attacks to push for more public safety measures, including getting people with untreated mental illness off the streets.Andrew Seng for The New York TimesAfter he spent months publicly asking Ms. Garcia to serve as his deputy in City Hall, her poll numbers rose and he started attacking her record as sanitation commissioner. He routinely suggested Mr. Adams lacked a moral compass. And he futilely tried to outflank Mr. Adams on crime.“Yes, mentally ill people have rights, but you know who else have rights? We do: the people and families of the city,” Mr. Yang said at the final debate. “We have the right to walk the street and not fear for our safety because a mentally ill person is going to lash out at us.”Mr. Yang was speaking from some personal experience. As an Asian American man, he was a member of a community that had been victim to a spike in hate crimes, some of them committed by New Yorkers with histories of mental illness. Polls had found that economic recovery and moving beyond Covid were no longer top of mind for voters, and Mr. Yang was diverging from his original message.“Our core issues faded not just from first to second, but to third,” said Eric Soufer, a senior adviser to the Yang campaign. “You can’t keep running a campaign based on the same thing, when the fundamentals change like that.”But some campaign staff members acknowledged that they became disillusioned by some of Mr. Yang’s shift in positions, and how they did not comport with the man who promised to be the anti-poverty mayor, who vowed to institute guaranteed income for poor New Yorkers and help establish a public bank.As the primary night results were released, Mr. Yang became the first mayoral candidate to concede.Gabriela Bhaskar/The New York Times“At the end, there wasn’t a clear, cogent argument of what he stood for that resonated,” said Ron Kim, a Queens assemblyman who endorsed Mr. Yang. “If I could go back, I would have encouraged him to stick with what he was known for, which was being an innovator, a person who can deliver out-of-the-box thinking on solutions for economic growth and jobs.”In the race’s last stages, Mr. Yang threw his support to Ms. Garcia, encouraging his supporters to rank her second. Though they campaigned together, she did not ask the same of her supporters; she said she had hoped to piggyback on Mr. Yang’s popularity in certain sectors of the city.Mr. Yang did perform well with heavily Asian communities in Queens like Elmhurst and Flushing, as well as in heavily Orthodox Jewish neighborhoods in Brooklyn, like Borough Park. He did not do nearly as well in Manhattan, his home borough, where he garnered 10 percent of the in-person vote; Ms. Garcia captured the most votes in that borough.“There were some tensions within the team where people would say, ‘Well, you can’t out-cop the cop,’” Mr. Yang said in an episode of his podcast that aired Monday.“For me,” he added, “both common sense and the numbers indicated that crime was going to be the number one issue.”And despite being the self-described ideas candidate, Mr. Yang did not have enough of them to entice voters.“As the person who was getting most of the attention, the race became a referendum on him,” said Stu Loeser, who advised the campaign of Ray McGuire, the former Citigroup executive. “And he proved himself to be a callow, unsubstantial, often dimwitted person.” More