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      Former Ohio Speaker Householder Faces Sentencing in Bribery Scheme

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      Larry L. Householder, former speaker of the Ohio House of Representatives, awaits sentencing on Thursday after being convicted of participating in a racketeering conspiracy that resulted in a bailout for two struggling nuclear power plants.It is, federal prosecutors say, perhaps the biggest public corruption scandal in Ohio’s history, a three-year conspiracy in which one of Ohio’s biggest corporations funneled some $60 million to one of the state’s most powerful politicians in exchange for a $1.3 billion bailout.And those investigators say they are only coming to the end of Act I.On Thursday, the former Republican speaker of the Ohio House of Representatives, Larry L. Householder, will be sentenced in federal court in Cincinnati for violating racketeering and bribery laws.The outlines of the charges have been known since his arrest, with four other men, three years ago: FirstEnergy Corporation, a Fortune 500 electric utility based in Akron, funneled the $60 million though various nonprofit entities. In return, Mr. Householder rammed a law through the state legislature that gave the company the bailout for two troubled nuclear power plants. Prosecutors have recommended a sentence of up to 20 years.But, as described early this year in a 26-day trial, the alliance between the utility and Mr. Householder, 64, was far more than a bribery scandal. Among other things, prosecutors and experts say, it was an almost cinematic example of how the dark money that pervades both state and federal politics slithers unseen from donor to beneficiary.It is also a cautionary tale about how state legislatures — second-rung political bodies that are often run by part-time politicians, but increasingly dealing with issues of national importance — are at least as prone to manipulation by special interests as their Washington counterparts.David DeVillers, who oversaw the federal investigation as the U.S. attorney in Cincinnati until early 2021, said in an interview that the gusher of dark money was crucial to the plot and an issue well beyond Ohio.“Any time you have a supermajority, whether it’s Republicans or Democrats, and industries that are based on passing laws like marijuana or sports gambling or energy, it’s a formula for corruption,” he said.In a memorandum on sentencing last week, Mr. Householder’s lawyer, Steven L. Bradley, said that his client had not admitted wrongdoing, and that Mr. Householder genuinely believed that the legislation enacting the bailout “was an important piece of legislation, which is why he advocated and voted for it.” The blare of publicity and the ignominy of conviction, Mr. Bradley wrote, had left Mr. Householder “a broken man.” In an email, Mr. Bradley said he plans to “vigorously pursue an appeal with the hope of winning a new trial.”Mr. Householder, a onetime insurance agent from an impoverished rural county in southeast Ohio, had been House speaker from 2001 to 2004. He left his legislative seat because of term limits and faced a federal corruption investigation after leaving the post then, but was not charged.After returning to the legislature in 2016, Mr. Householder secretly spent millions in 2018 to support Republican candidates for 21 seats in the State House — more than a fifth of the 99 seats — who would back his insurgent campaign to again become House speaker. He spent more millions on a media campaign to push the nuclear bailout law to passage, and then tens of millions on a scorched-earth crusade to undermine a ballot initiative that threatened to undo it.By the time he was arrested in July 2020, Mr. Householder was soliciting secret contributions from others seeking legislative favors — and plotting to change the State Constitution’s term limits clause to extend his tenure by 16 years.At each step, a web of political action committees and dummy nonprofit organizations called 501(c)(4)s, after their place in the federal tax code, ensured that money fueling the schemes could not be traced to Mr. Householder or FirstEnergy.“The scope of the conspiracy was unprecedented,” prosecutors wrote in their sentencing memorandum. “So was the damage it left in its wake, both in terms of its potential financial harm to Ohioans and its erosion of public trust.”In a wiretap disclosed during the trial, a lobbyist charged in the affair, Neil Clark, boasted to undercover F.B.I. agents about his handiwork.“I spent close to $20 million in the last eight weeks, $20 million,” he said. “FirstEnergy got $1.3 billion in subsidies, free payments.”He later added: “So what do they care about putting in $20 million a year for this thing?”FirstEnergy sought a bailout for two nuclear power plants, including this one in North Perry, Ohio.Amy Sancetta/Associated PressFirstEnergy had sought state subsidies for two nuclear power plants on the shore of Lake Erie for years when Mr. Householder returned to the State House in 2016. The company claimed that renewable energy and cheaper fuels had made both plants unprofitable.Mr. Householder left little doubt that he wanted his old job as speaker back. After his 2016 election, FirstEnergy’s chief executive at the time, Chuck Jones, invited him to fly on the company’s private jet to attend the inauguration of President Donald J. Trump.Over several days of socializing at high-end restaurants, prosecutors said, they discussed a deal: Mr. Householder needed money to regain the speaker’s post when its occupant left office in 2018. The company needed a legislative solution to its nuclear power woes.What began with a handshake became a multimillion-dollar political operation, with the money laundered through nonprofit groups allowed by the tax code to conceal donors’ names.“They can give as much or more to the (c)(4) and nobody would ever know,” the lobbyist, Mr. Clark, told Mr. Householder in another wiretapped conversation. “So you don’t have to be afraid.”Chuck Jones in 2015, when he was FirstEnergy’s president and chief executive.Phil Masturzo/Akron Beacon Journal, via Associated PressNeil Clark, a lobbyist, was also charged in the affair.Jonathan Quilter/The Columbus Dispatch, via USA Today NetworkWeeks later, Mr. Householder established a 501(c)(4) called Generation Now. Other nonprofits, both new and old, were rolled into the scheme: a PAC called Hardworking Ohioans, two new nonprofits and many more.Rivers of anonymous money — most, but not all, from FirstEnergy — began to flow. In one typical transaction, Generation Now shunted $1 million of FirstEnergy donations to the newly formed Coalition for Growth and Opportunity, whose only reported officer was a Kentucky lawyer who oversaw other nonprofits. The Coalition for Growth and Opportunity donated $1 million to its separate PAC, which spent it on media campaigns supporting Republicans friendly to Mr. Householder and opposing unfriendly ones.And so it went: At least $3 million spent in 2018 to elect Republicans backing Mr. Householder’s speaker ambitions. Nearly $17 million more in 2019 on a successful media campaign supporting House Bill 6, the legislation bailing out FirstEnergy nuclear plants.Clean energy advocates and the natural gas industry opposed the $1.3 billion measure, which propped up two unrelated coal-fired plants and solar energy projects besides the $1 billion nuclear subsidy. And when they began collecting signatures for a ballot initiative to overturn the bailout, FirstEnergy devoted another $38 million to quash that effort.The money paid for a private detective and bullies to disrupt signature gatherers, as well as a saturation advertising campaign claiming that China was “quietly invading our energy grid” with the help of opponents of the bailout.Backers considered it money well spent. When House Bill 6 became law in July 2019, Mr. Jones, the FirstEnergy chairman, sent a picture of Mount Rushmore to Samuel C. Randazzo, then the chairman of the state Public Utilities Commission. Supplanting the mountain’s four presidents were faces of the two men and executives at FirstEnergy and another utility.Below that, prosecutors said, was an all-capital-letters caption that extolled their political clout with a common sexual vulgarity.Meanwhile, Mr. Householder’s Generation Now nonprofit was already plowing new ground. In a wiretapped conversation in 2018, Mr. Householder said he was “expecting big things in (c)(4) money from payday lenders,” an industry that has lobbied federal and state officials against regulating high-interest loans to the poor.For some, the cost of exposure has been heavy.FirstEnergy fired its top executives. Later, it paid $234 million in fines to federal agencies and surrendered another $115 million in ill-gotten gains after admitting to large-scale fraud.Mr. Clark, the lobbyist, died by suicide in 2021 after publishing a book that alleged a lifetime of dirty deals in state politics.Federal prosecutors say their inquiry is continuing, although they have not said where it might lead.F.B.I. agents removing items from the home of Samuel C. Randazzo, then the Ohio Public Utilities Commission chairman, in 2020.Adam Cairns/The Columbus Dispatch, via Associated PressIn what was, in effect, a plea bargain with federal prosecutors, FirstEnergy confessed that it had given Mr. Randazzo $4.3 million “to further FirstEnergy Corp.’s interests” on nuclear and other issues in 2019, weeks before Gov. Mike DeWine named him to head the state Public Utilities Commission.Mr. Randazzo, who denies wrongdoing, has not been charged.Court filings and related lawsuits have referred to Governor DeWine and Lt. Gov. Jon Husted, who have said they were unaware of the illegal payments. Both supported House Bill 6, and Mr. DeWine benefited from hundreds of thousand of dollars in get-out-the-vote support from FirstEnergy during his 2018 election campaign. The company also donated $75,000 to his daughter’s failed bid for a local elective office.FirstEnergy, meanwhile, faces investigation by the federal Securities and Exchange Commission and shareholder lawsuits.And in the five states where it owns electric utilities, utility commissions are likely to require tens of millions of dollars in refunds to customers, in part involving scandal-related spending.On Wednesday, the company said in a statement that it “has accepted responsibility for its actions related to House Bill 6 and has taken significant steps to put past issues behind us.”“Today we are a different, stronger company with a sound strategy and focused on a bright future,” it added.Mr. DeVillers, the former U.S. attorney, said that nonprofits like those central to the FirstEnergy scandal have been largely ignored by law enforcement. Enforcement of restrictions in the federal tax code on 501(c)(4) groups has been lax.Dave Anderson, the communications director of the Energy and Policy Institute, a watchdog group that follows the energy industry, said that might now change.“This is a case that really illustrates how they can be used for criminal malfeasance,” he said, referring to nonprofits. Now, he said, lawyers who told clients that 501(c)(4) groups are safe conduits for secret cash may be “holding their breath and thinking, ‘Maybe the convictions will be thrown out.’” More

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      The Supreme Court’s Rejection of a Disputed Legal Theory on Elections

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      More from our inbox:Race and ClassDemand Tax Relief‘Make Reading Fun Again’The German Far Right Should Worry Us AllThe case will have no practical impact in the dispute that gave rise to it, involving North Carolina’s congressional voting map. The state has waged many battles over redistricting.Gerry Broome/Associated PressTo the Editor:Re “Court Rules State Control of U.S. Voting Has Limits” (front page, June 28):Several high-profile cases were decided by the Supreme Court this month, but only one, Moore v. Harper, had the potential to affect the very lifeblood of our democracy — voting. This election law case considered, in part, a controversial constitutional theory known as the “independent state legislature” doctrine.At issue was whether or not state legislatures had absolute power with no electoral oversight authority by state courts to regulate federal elections. With unchecked power, state legislators in key swing states could have rejected the voters’ slate of electors and appointed their handpicked substitutes.The Supreme Court has an obligation to protect our democracy. By rejecting the dangerous independent state legislature theory, the court safeguarded state-level judiciaries, shielding the will of the voters in the process.Jim PaladinoTampa, Fla.To the Editor:In the 6-to-3 Supreme Court ruling Tuesday in Moore v. Harper, the fact that a supermajority including both Democratic and Republican appointees reaffirmed the American constitutional order is the latest example that the Republican-appointed justices are not in the hip pocket of Donald Trump and the extreme right of the Republican Party.This should provide comfort for those who believe in the separation of powers as prescribed in our Constitution.John A. ViterittiLaurel, N.Y.To the Editor:Adam Liptak writes about the Supreme Court’s ruling that soundly dismissed the “independent state legislature” theory.The article quotes Richard L. Hasen, a U.C.L.A. law professor and leading election law scholar, who said the ruling giving the Supreme Court the ultimate say in federal election disputes was “a bad, but not awful, result.”It seems globally accepted that legal disputes, including election disputes, should be decided by courts, and that in federal democracies, the highest national courts are best suited to have the last word in federal election cases.While it is common for politicians and lawyers worldwide to dismiss international best practices based on the uniqueness of their legal systems, in the U.S., too, only the Supreme Court can ensure consistency across all states and thus protect the integrity of federal elections.Jurij ToplakNew YorkThe writer is a visiting professor at Fordham University School of Law.To the Editor:In your article the Supreme Court justices whose opinions pose a threat to voting rights and democracy are referred to as “conservative.” The justices’ positions are not “conservative,” if conservative refers to those who are committed to preserve traditional institutions, practices and values.I would ask that The Times consider a better word to describe these justices, whose positions on legal issues are heavily influenced by considerations of preserving Republican rule, class structures and Christian ideological dominance.Cindy WeinbaumAtlantaRace and Class Pablo DelcanTo the Editor:Re “Reparations Should Be an End, Not a Beginning,” by John McWhorter (Opinion, June 26):Providing support for those who have been hurt by past discrimination is an important step in alleviating the harm caused by America’s long history of racism.However, including all who are economically disadvantaged in any initiatives, as Professor McWhorter suggests, will broaden support for affirmative action programs while assisting more people who need a hand up.Ignoring this slice of the populace is what has led to simmering resentment in many communities and to the election of Donald Trump in 2016.Rather than pitting groups against one another, we should strive to lift up the fallen, regardless of the origin of people’s suffering.Edwin AndrewsMalden, Mass.Demand Tax ReliefHomeowners 65 or older with income of less than $500,000 could qualify for a property tax cut of as much as $6,500 a year.Karsten Moran for The New York TimesTo the Editor:Re “Property Taxes Could Be Cut in Half for Older New Jersey Homeowners” (news article, June 22):As a suburban homeowner in Nassau County in New York, I find it reassuring to see neighboring New Jersey working hard to address the problem of high property taxes. It just approved a property tax reduction program for homeowners 65-plus called StayNJ, designed to offset some of the highest property taxes in the country.The people of New York State must demand that their elected officials pass similar relief for their constituents, who also live in a state with high property taxes. We are still suffering from a $10,000 state and local taxes deduction cap on our federal income tax that was passed under former President Donald Trump.Congressional Democrats promised to repeal this as one of their legislative priorities and have failed to keep their promise so far. So it is up to us to demand action from the New York State Legislature.Philip A. Paoli Jr.Seaford, N.Y.‘Make Reading Fun Again’To the Editor:Re “13-Year-Olds in U.S. Record Lowest Test Scores in Decades” (news article, June 22):The latest data is out on reading scores for 13-year-olds in the U.S., and it’s not good. Children’s reading levels are at their lowest in decades.In your article, the commissioner of the National Center for Education Statistics states, “This is a huge-scale challenge that faces the nation.”Indeed, we see this challenge every day in the faces of children in our homes, schools and communities. We are responding by bolstering instruction, tutoring and summer learning, all of which offer reason to hope.But what stood out to me most in this story was that fewer kids report reading for fun, with 31 percent saying they “never or hardly ever” read for fun, compared with 22 percent in 2012.Could reigniting a love for reading and the joy of books be an answer we’re missing to this problem? Imagine every child with an abundant home library, cuddled up with a parent or under the covers reading a book, starting from birth.At a time when our education system is struggling, and life is hard for so many children, let’s make reading fun again!Mary MathewDurham, N.C.The writer is director of advocacy for Book Harvest, which provides books and literacy support to children and families.The German Far Right Should Worry Us AllAn AfD demonstration on energy security and inflation, outside of the Reichstag in Berlin in October.Christoph Soeder/DPA, via Associated PressTo the Editor:Re “As German Worries About Future Rise, Far-Right Party Surges” (news article, June 21):The expanding and emboldened far-right element in Germany is not solely a concern for Germans; it is also troubling for the international community in general and Jews in particular.Extremism fueled by xenophobia and a deep sense of nationalism in a country that carried out the systematic murder of six million Jews in the Holocaust is foreboding and a grave threat to democracy.With global antisemitism increasing at an alarming rate and Nazism experiencing an unsettling resurgence, the rise of the far-right Alternative for Germany and the political gains that it has made are a proverbial red flag.When extremism becomes normalized and gains a foothold in the mainstream political arena and people flagrantly fan the flames of fanaticism, we have a societal and moral obligation to sound the alarm.N. Aaron TroodlerBala Cynwyd, Pa. More

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      The Supreme Court Rejects a Once-Fringe Elections Theory

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      Also, the Wagner chief begins exile in Belarus. Here’s the latest at the end of Tuesday.Justices on the country’s highest court rejected a legal theory that would have radically reshaped how elections are conducted by giving state legislatures largely unchecked power to set rules for federal elections and to draw congressional maps warped by partisan gerrymandering. The 6-to-3 decision was cheered by voting rights advocates who feared an undemocratic fallout if the Supreme Court had ruled the other way.“If the theory had been upheld, it would have been chaotic,” my colleague Michael Wines said. “In states like Wisconsin and Ohio, it basically would have allowed legislators to enshrine themselves in power all but permanently. They could’ve done whatever they wanted pertaining to redistricting or, for that matter, ordinary election law.”Proponents of the “independent state legislature” theory argued that — based on a reading of the Constitution’s Elections Clause — no court or organ of state government, like election administrators or independent commissions, could alter a legislature’s actions on federal elections. Chief Justice John Roberts, writing the majority opinion, rejected that position. He said that the Constitution “does not exempt state legislatures from the ordinary constraints imposed by state law.”The case, however, will have no practical impact on the dispute that gave rise to it, involving North Carolina’s congressional voting map. A recent ruling by that state’s Supreme Court authorized the legislature, which is controlled by Republicans, to draw maps as it sees fit, ensuring that the resulting districts will be warped by politics.The Supreme Court will announce its next rulings on Thursday. Some of its biggest cases — on affirmative action, student loans and gay rights — are still awaiting decisions.Yevgeny Prigozhin, the Wagner leader, in the city of Rostov-on-Don, Russia, on Saturday.Alexander Ermochenko/ReutersPrigozhin arrived in BelarusYevgeny Prigozhin, the Russian mercenary leader whose mutiny came to a sudden halt over the weekend, is now in Belarus, the state news media there reported. The Russian authorities also dropped their charges against him and his fighters.It is clear that the Kremlin, which faced its most significant challenge in President Vladimir Putin’s two-decade rule, is making a concerted effort to move on from the mutiny and the questions it raised. But while many of Russia’s friends and partners expressed support for Putin, analysts said that doubts about his strength might linger.William Dorsey, an emergency medical worker, helped a woman with heat exhaustion in Eagle Pass, Texas, yesterday.Kaylee Greenlee Beal/ReutersDangerous heat spreads across the SoutheastMillions of people in Texas and Oklahoma have spent the past several days baking under triple-digit temperatures that are considered dangerous. But as the week goes on, the scorching conditions will extend east, bringing unsafe weather to millions more in parts of Louisiana, Arkansas, Mississippi, Alabama, Missouri, Tennessee, Georgia and Florida.The unusually hot, early summer temperatures are the result of a stubborn “heat dome” of high pressure (akin to a lid on a pot that holds in steam).For more: Check out whether the heat wave will affect you, and read tips for staying safe.A vigil in 2015 for a 17-year-old transgender girl who died by suicide in Ohio.Meg Vogel/The Enquirer, via Associated PressTransgender people may have a higher risk of suicideA landmark study in Denmark has found that transgender people have a significantly higher risk of suicide than other groups. The new report, which analyzed the health and legal records from nearly seven million people over four decades, is the first in the world to examine national suicide data for transgender people.The findings come at a charged political moment in the U.S., as Republican lawmakers enact laws targeting medical care for transgender people. Here is what those laws say.More top newsPolitics: Donald Trump and Ron DeSantis are holding dueling events today in New Hampshire.Jeffrey Epstein: A government watchdog confirmed that he died by suicide, but pointed to negligence and mismanagement at the jail that housed him.Legal: An appeals court dismissed the New York attorney general’s civil case against Ivanka Trump, Donald Trump’s daughter. It also potentially limited the case against the former president and his family business, which is set to go to trial in October.Business: The trucking company Yellow, which received a $700 million pandemic-era loan from the government, may file for bankruptcy protection this summer.Workplace: A new federal law that took effect today requires employers to provide “reasonable accommodations” for pregnant and postpartum workers.Energy: Construction has started off Massachusetts on the first giant wind farm off the U.S. coastline.Health: The U.S. identified — in Florida and Texas — its first cases of local malaria transmission in two decades.Safety: More than 7,500 people were struck and killed by vehicles in 2022, the highest number in more than four decades.Rome: A tourist who scratched his name into a wall of the Colosseum faces up to five years in prison.EVENING WIND DOWNRyan Seacrest in 2019.Rebecca Smeyne for The New York TimesRyan Seacrest will host ‘Wheel of Fortune’Two weeks ago, Pat Sajak announced that he would step down from hosting “Wheel of Fortune” after more than four decades on the job. The show, which has demonstrated remarkable durability even as traditional television viewership has declined, promptly selected its next host.The new man at the wheel will be Ryan Seacrest, the dexterous master of ceremonies who rose to Hollywood fame as the host of “American Idol.” The swift decision by executives at Sony Pictures Television, which produces the show, suggests that they are hoping to avoid the succession fiasco that nearly overwhelmed their other hit game show, “Jeopardy!”The tour group Fat Girls Travel, Too! visits Cartagena, Colombia.Deon TillmanPlus-size travel is getting easierVacation is meant to be relaxing. But for people with bigger bodies, it can be disappointing: Airline seats may be too small, amusement parks impose strict limits, beaches can be intimidating and, if your luggage is lost, finding clothes that fit may be difficult.Now a small but growing market catering to size-inclusive travel, often aimed exclusively at women, is seeking to bring joy, community and reassurance to plus-size travelers.For more: Americans are flocking to Europe this summer. If you’re one of them, here’s what you can expect.Dinner table topicsFame for her shame: Mackenzie Thomas shares diary entries from her adolescent years that make people feel less embarrassed by their past selves.A.I. and TV ads: A string of uncanny videos show what A.I. and advertising have in common: They chew up the cultural subconscious and spit it back at us.All-Star Game: The Yankees could be shut out of the event for only the third time in its history.Home advice: Our Ask Real Estate columnist reflected on a decade of answering your questions.WHAT TO DO TONIGHTLinda Xiao for The New York TimesCook: When another summer tomato sandwich just won’t do, try this BLT pasta instead.Listen: On “Popcast,” our pop music critic talks about Kylie Minogue’s “Padam Padam” and the queer pop-club canon.Watch: In “Sin La Habana,” an Afro-Cuban dancer tries to bring his girlfriend to Canada through a sham marriage.Read: These three new novels hold the keys to real and imagined kingdoms.Regulate: Why do I wake up right before my alarm?Meditate: Write your name in Chinese calligraphy — over and over. You’ll be surprised by what you learn.Play: Here are today’s Spelling Bee, Wordle and Mini Crossword. For more, find all our games here.ONE LAST THINGDodai StewartNotes from New YorkersNo matter where you go in New York City, you will almost certainly be inundated with signs. Most obvious are the advertisements, directions and commands (Don’t Block the Box). But my colleague Dodai Stewart has taken notice of the more personal notes that are written, posted and stuck around the city. They are New York’s direct messages.“Don’t be so nostalgic,” read one scrawled in marker on the subway platform column. “You’re perfect just the way you are,” read another.In a city that shouts and blares, these little whispers are funny, philosophical, smarmy and mysterious reflections of New York’s never-ending conversation.Have an expressive evening.Thanks for reading. I’ll be back tomorrow. — MatthewSign up here to get this newsletter in your inbox.We welcome your feedback. Write to us at evening@nytimes.com. More

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      The Supreme Court Just Helped Save American Democracy From Trumpism

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      To understand both the Trump-led Republican effort to overturn the 2020 election and the lingering Republican bitterness surrounding that contest, it’s important to remember that the G.O.P.’s attack on American democracy had two aspects: a conspiracy theory and a coup theory. On Tuesday, the Supreme Court dealt a blow to both. In a case called Moore v. Harper, the court rejected the “independent state legislature” doctrine, reaffirmed the soundness of the 2020 election and secured the integrity of elections to come.First, a bit of background. The effort to steal the 2020 election depended on two key arguments. The first, the conspiracy theory, was that the election was fundamentally flawed; the second, the coup theory, was that the Constitution provided a remedy that would enable Donald Trump to remain in office.The disparate elements of the conspiracy theory varied from truly wild claims about voting machines being manipulated and Italian satellites somehow altering the outcome to more respectable arguments that pandemic-induced changes in voting procedures were both unconstitutional and disproportionately benefited Democrats. For example, in one of the most important cases filed during the 2020 election season, the Pennsylvania Republican Party argued that changes in voting procedures mandated by the State Supreme Court violated the Constitution by overriding the will of the Pennsylvania legislature.The Pennsylvania G.O.P. argued for a version of the independent state legislature doctrine, a theory that the Constitution grants state legislatures — and state legislatures alone — broad, independent powers to regulate elections for president and for Congress. The basis for this argument is found in both Article I and Article II of the Constitution. The relevant provision of Article I states, “The times, places and manner of holding elections for senators and representatives shall be prescribed in each state by the legislature thereof.” And Article II’s electors clause says, “Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of senators and representatives to which the state may be entitled in the Congress.”The question was whether those two clauses essentially insulated the state legislatures from accountability to other state branches of government, including from judicial review by state courts.The Supreme Court refused to hear the Pennsylvania G.O.P.’s petition, with Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissenting. But the issue was bound to come back to the court, and in Moore v. Harper it did.The case turned on a complicated North Carolina redistricting dispute. After the 2020 census, the Republican-dominated state legislature drew up a new district map. The Democratic-controlled North Carolina Supreme Court rejected the map as an unlawful partisan gerrymander under state law, and the legislature appealed to the U.S. Supreme Court, arguing that the State Supreme Court had no authority to override the legislature. The Supreme Court accepted the review.After SCOTUS took the case, last November’s midterm elections handed control of the North Carolina Supreme Court to Republicans, and the new, Republican-dominated court reversed itself. It held that partisan gerrymanders weren’t “justiciable” under state law, but it did not reinstate the legislature’s original map. This new North Carolina decision raised the question of whether the court would decide Harper on the merits or if it would dismiss the appeal as moot, given that it was based on a state ruling that had already been overturned.In a 6-to-3 vote, the Supreme Court not only declined to dismiss the case; it also flatly rejected the independent state legislature doctrine. Chief Justice John Roberts — writing for a majority that included Justices Sonia Sotomayor, Elena Kagan, Brett Kavanaugh, Amy Coney Barrett and Ketanji Brown Jackson — was unequivocal. “The elections clause,” Chief Justice Roberts declared, “does not insulate state legislatures from the ordinary exercise of state judicial review.”Or, to put it another way, the relevant provisions of the federal Constitution did not grant state legislatures independent powers that exempt them from the normal operations of state constitutional law. Chief Justice Roberts cited previous Supreme Court authority rejecting the idea that the federal Constitution endows “the legislature of the state with power to enact laws in any manner other than that in which the Constitution of the state has provided that laws shall be enacted.”The implications are profound. In regard to 2020, the Supreme Court’s decision strips away the foundation of G.O.P. arguments that the election was legally problematic because of state court interventions. Such interventions did not inherently violate the federal Constitution, and the state legislatures did not have extraordinary constitutional autonomy to independently set election rules.In regard to 2024 and beyond, the Supreme Court’s decision eliminates the ability of a rogue legislature to set new electoral rules immune from judicial review. State legislatures will still be accountable for following both federal and state constitutional law. In other words, the conventional checks and balances of American law will still apply.Trump’s coup attempt was a national trauma, but if there’s a silver lining to be found in that dark cloud, it’s that the political and judicial branches of American government have responded to the crisis. Late last year, Congress passed significant reforms to the Electoral Count Act that were designed to clarify the ambiguities in the original act and to reaffirm Congress’s and the vice president’s limited roles in counting state electoral votes.And on Tuesday, a supermajority of the Supreme Court, including both Democratic and Republican appointees, reaffirmed the American constitutional order. State legislatures are not an electoral law unto themselves, and while Moore v. Harper does not guarantee that elections will be flawless, it does protect the vital role of courts in the American system. The 2020 election was sound. The 2024 election is now safer. The Supreme Court has done its part to defend American democracy from the MAGA movement’s constitutional corruption.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      What Republicans Say About Their Risky Balancing Act on Abortion

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      The historic Dobbs ruling has hurt the party electorally, but G.O.P. lawmakers are still moving to pass more restrictive laws. These two realities represent the defining political fallout of the end of Roe v. Wade.In the year since the Supreme Court overturned Roe v. Wade, one of the country’s most emotionally charged issues has come to be defined by two seemingly contradictory political realities.In competitive general elections, abortion rights emerged as among the greatest electoral strengths for Democrats and, often, a clear liability for Republicans: Americans say at record levels that they support at least some access to the procedure, and the issue has fueled Democratic victories across the nation.At the same time, Republican-dominated state legislatures have moved rapidly to sharply limit or ban access to abortion. Activists are demanding that G.O.P. presidential candidates make firm commitments about federal restrictions, and are urging ever-further-reaching legislation in the states.This headlong rush into risky territory for the national Republican Party — and the extraordinary backlash against some of those measures — represents the enduring political fallout of the Supreme Court decision, which transformed a partisan standoff 50 years in the making.Anti-abortion activists and some Republican strategists applaud the approach of many state legislatures, arguing that voters expect their lawmakers to deliver on upholding one of the core tenets of the conservative movement.“If you can, you must,” said Marjorie Dannenfelser, the president of the major anti-abortion rights group Susan B. Anthony Pro-Life America. “To fail to do that would, politically, would be a disaster for pro-life voters who put them in office.”Marjorie Dannenfelser, the president of Susan B. Anthony Pro-Life America, said Republican candidates needed to be “very clear on what it means to be ambitious for life.” Drew Angerer/Getty ImagesBut as the anniversary of the Dobbs decision overturning Roe arrives on Saturday, interviews with more than a dozen Republican lawmakers, strategists and anti-abortion activists paint a portrait of a party still struggling to find a consensus on abortion policy, and grappling with how to energize core base voters on the issue without alienating swing voters.Many observers see the wave of new restrictions, which vary in gestational limit and exceptions and have sometimes been held up in court, as a function of several factors: years of promises and pent-up energy on the right; deeply held convictions about when life begins; and gerrymandering that has often left Republican lawmakers more worried about far-right primary challenges than about turning off moderate voters in general elections.But for a critical slice of Republicans — those who represent competitive districts in state legislatures or in Congress, who support some degree of abortion rights, or, in some cases, presidential candidates — the issue presents a particularly difficult balancing act.Their decisions and calculations are at the heart of the tensions over the abortion debate within the Republican Party in the post-Roe era.“I was hearing from both sides strongly,” said State Representative Mike Caruso of Florida, a Republican who opposed a measure — ultimately signed by Gov. Ron DeSantis — that forbids abortions after six weeks of pregnancy, with a few exceptions. “It was pretty much a ban on abortion.”“I’ve got seven children, been through nine pregnancies,” he added. “I don’t think I ever knew, we ever knew, that we were pregnant prior to six weeks.”But, demonstrating the vastly different views on the issue within the party, State Representative Mike Beltran of Florida said that while he voted for the measure, “frankly, I don’t think it goes far enough.”“All these bills were huge compromises,” said Mr. Beltran, who said he personally opposed abortion rights without exception, suggesting that if a mother’s life was in danger, barring ectopic pregnancies, the answer could often be to deliver the fetus, even months prematurely. “We should suffer electoral consequences if we don’t do what we said we would do.”State Representative Mike Beltran of Florida opposes abortion rights without exception.Tori Lynn Schneider, via SipaAnti-abortion activists and lawmakers have vigorously made a version of that argument to Republican candidates, sometimes citing polling to show lawmakers what they believe voters in a particular state will accept. (Some of these surveys are commissioned by abortion opponents, and their findings can be at odds with public polling.)“It’s a fundamental issue to Republicans to protect life,” said Tami Fitzgerald, the executive director of the North Carolina Values Coalition. She supported the state’s new ban on most abortions after 12 weeks of pregnancy, though she wants restrictions that go much further, calling a six-week ban “step two.”“A candidate needs the pro-life voters in order to win,” she added.In an interview this month, Ms. Dannenfelser of Susan B. Anthony urged candidates to be “very clear on what it means to be ambitious for life” while seeking to draw contrasts with Democrats on the issue, warning of the risks of being defined by the other side.This is not a “theoretical messaging moment,” she said. “This is real life.”In the presidential contest, though, some of the candidates have tried to skirt questions about what national restrictions they would support. Contenders including former President Donald J. Trump — who helped muscle through Supreme Court justices who made overturning Roe possible — have indicated that they think the issue should be resolved by the states, though Mr. Trump has also been vague on the issue.“Their hesitancy to communicate has been frustrating,” Ms. Dannenfelser said, referring broadly to the field. But the debate stage, she said, is “going to be where the rubber meets the road, and our bright-red line saying that you must have a 15-week or better limit or we can’t support you.”Yet when Senator Lindsey Graham of South Carolina last year proposed a federal ban on abortions after 15 weeks of pregnancy with some exceptions, he ignited immediate resistance from numerous fellow Republicans, evidence that some in the party see political peril in a national ban.Senator Lindsey Graham last year proposed a federal ban on abortion at 15 weeks of pregnancy, and faced immediate resistance.Evelyn Hockstein/ReutersAnd polling has shown that most Americans support at least some abortion rights, especially early in pregnancy.A Gallup survey released last week found that a record-high 69 percent of Americans, including 47 percent of Republicans, believed that abortion should generally be legal in the first three months of pregnancy.“That just makes me wonder if maybe there is some room for nuance there within the party,” said Lydia Saad, the director of U.S. social research at Gallup. “But nuance isn’t generally very successful in politics.”In some states, Republican lawmakers have cast bans with some exceptions that begin after 12 weeks, toward the end of the first trimester, as something of a middle ground. And from Nebraska to South Carolina, there have indeed been lawmakers who said they could not back a six-week ban but indicated that they were more comfortable with 12 weeks, even as such proposals have drawn condemnation from some in local business and medical communities.In North Carolina, Gov. Roy Cooper, a Democrat, vetoed the 12-week ban. He and other abortion rights supporters warned that the measure would interfere with critical medical decisions and create dangerous barriers for women seeking abortions.But Republicans, who recently gained narrow veto-proof majorities in North Carolina, quickly sought to override Mr. Cooper’s move. The effort forced some of their members into contortions.Republicans in North Carolina overrode Gov. Roy Cooper’s veto of a 12-week abortion ban.Kate Medley for The New York TimesState Representative Ted Davis Jr., a Republican, indicated during his campaign last year that he backed the state’s law allowing abortions up to 20 weeks of pregnancy. When the state legislature took up the 12-week measure, he skipped the vote.But citing factors including loyalty to his caucus, frustration with the other side and constituents who, he said, seemed split on the veto override, he ultimately joined fellow Republicans to override the veto, helping to ensure that the more restrictive measure prevailed.Still, he tried to draw a distinction between the two votes.“What concerns me is what’s going to happen in the future as far as access to abortion,” he said. “Are Republicans now going to try to restrict it even further?”Other lawmakers have sought to punish women who seek abortions, or those who help them. Some Republican lawmakers in South Carolina moved — unsuccessfully — to treat abortion at any stage of pregnancy as homicide, which can carry the death penalty.That measure would have given “more rights to a rapist than a woman who’s been raped,” said Representative Nancy Mace, a South Carolina Republican who flipped a seat from a Democrat in 2020. “That’s where the conversation has gone.”Abortion-rights supporters protesting outside the Supreme Court last June on the day Roe was overturned.Shuran Huang for The New York Times“They listen to some of the extreme voices, and they operate and vote and legislate out of fear,” she said. “They’re not hearing from the rest of the electorate, the 95 percent of the folks who vote in elections. They’re hearing from the 5 percent who say, ‘You’re not Republican if you don’t want to ban abortions with no exceptions.’”Even in her conservative state, there were pockets of Republican resistance to efforts to pass a near-total abortion ban. A six-week ban passed the legislature but is now tied up in court.“I probably will draw a primary challenger,” conceded State Senator Katrina Shealy, who opposed that measure, with its many requirements for women seeking abortions. She has already been censured by a local Republican county party.Some on the far right, she suggested, “don’t want people to wear masks. They don’t want people to get vaccines.”They believe, she said, that “they should have full rights — but don’t let women make this decision. And that’s not right.” More

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      Solomon Peña Faces Federal Charges for Attacks on Democrats

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      Solomon Peña, who lost a bid for a seat in the New Mexico Legislature in 2022, is accused of orchestrating shootings at Democratic officials’ homes. He also faces state charges.Solomon Peña, a former Republican candidate for the New Mexico House of Representatives, has been charged with several federal offenses in connection with drive-by shootings at the homes of Democratic officials, the Justice Department said Wednesday.The authorities in New Mexico have said that Mr. Peña, 40, orchestrated the shootings at the homes of four Democratic officials in the weeks after he lost an election bid in November 2022. No one was injured in the attacks.Mr. Peña, who was arrested in January, already faces several state charges, including attempted aggravated battery and shooting at an occupied building. The federal charges against him and two other people — Demetrio Trujillo, 41, and Jose Trujillo, 22 — were unsealed in a court in New Mexico on Wednesday and include several firearms offenses and interference with federally protected activities.Mr. Peña would face a mandatory minimum prison sentence of 60 years if he were to be convicted of the federal charges, the Justice Department said in a statement.“There is no room in our democracy for politically motivated violence, especially when it is used to undermine election results,” Kenneth A. Polite Jr., the assistant attorney general of the Justice Department’s criminal division, said in the statement.Roberta Yurcic, a lawyer who has represented Mr. Peña at the state level, did not immediately respond to requests for comment overnight. The state trial is expected to start early next year.Mr. Peña was convicted of burglary and larceny in 2008 and served nearly seven years in prison in New Mexico. He was released in 2016.After the November 2022 midterm elections, Mr. Peña refused to concede even after losing by a wide margin to an incumbent in a district that has long voted for Democrats. Prosecutors say that he also visited the homes of several county commissioners to urge them not to certify the results.The shootings at the four Democratic officials’ homes took place in December and early January. Two of the officials had certified the election results.Prosecutors say that Mr. Peña hired others to carry out the shootings, and that he took part in at least one of them — by trying to fire an AR-15 rifle at the home of Linda Lopez, a state senator.The shootings rattled New Mexico’s political establishment. They also stoked growing concerns nationwide about political violence after an attack on Paul Pelosi, the husband of then-House Speaker Nancy Pelosi, and a conspiracy to kidnap Gov. Gretchen Whitmer of Michigan, among other incidents. More

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      Texas Passes Bills Targeting Elections in Democratic Stronghold

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      The bills’ passage was the culmination of a Republican effort to increase oversight of voting in Harris County, which includes Houston.The LatestThe Texas Legislature gave final approval on Sunday to a new round of voting bills to increase penalties for illegal voting and expand state oversight of local elections specifically in Harris County, which includes Houston, where Democrats have become dominant.The measures, which now head to Gov. Greg Abbott to sign, include a bill that would upend elections in Houston a few months before the city’s mayoral race in November by forcing the county to change how it runs elections and return to a previous system.That bill, known as Senate Bill 1750, was crafted so that it applies only to Harris County. So was another bill, Senate Bill 1933, that would give broad new powers to the secretary of state, appointed by the governor, to direct how elections are run in the county if there are complaints and to petition a court to replace the top election officials when deemed necessary.Election workers organized paperwork from each polling location at NRG Arena in Houston, Texas, in November.Annie Mulligan for The New York TimesWhy It Matters: Harris County could tilt the power balance in Texas.Harris County, the state’s most populous county, has become a reliable Democratic stronghold.The passage of the bills marked the culmination of a monthslong effort by Texas Republicans to contest some of that dominance. They highlighted Election Day problems last November in Harris County as justification for challenging results that favored Democrats and call into question the way the Democratic-led county runs its elections.“It was a stated intention of some of the folks in the Legislature to take action against Harris County election administration,” said Daniel Griffith, the senior policy director at Secure Democracy USA, a nonpartisan organization focused on elections and voter access.Senate Bill 1750 eliminates the appointed position of elections administrator, which has been in place in Harris County only since late 2020. If the bill becomes law with the governor’s signature, the county must return to its previous system of running elections, in which the county clerk and the county tax collector-assessor split responsibilities. Both positions are currently occupied by elected Democrats.“The Legislature’s support for S.B. 1750 and S.B. 1933 is because Harris County is not too big to fail, but too big to ignore,” State Senator Paul Bettencourt, a Houston Republican and sponsor of several election bills, said in a statement. “The public’s trust in elections in Harris County must be restored.”Another bill, Senate Bill 1070, removes Texas from an interstate system for crosschecking voter registration information run by a nonprofit, the Electronic Registration Information Center, or ERIC. The system has been the target of conservative attacks in several states in part because it requires states using it to also conduct voter outreach when new voters move in from out of state. The Texas measure bars the state from entering into any crosschecking system that requires voter outreach.Yet another bill, House Bill 1243, increases the penalty for illegal voting from a misdemeanor to a felony.The measures that passed were opposed by Democratic representatives and voting rights groups. But advocates of greater access to the polls were relieved that other, more restrictive measures put forward and passed in the State Senate — including one that would have required voters to use their assigned polling place instead of being able to vote anywhere in the county, and another that would have created a system for the state to order new elections under certain circumstances in Harris County — failed in the Texas House.“Those haven’t moved and that’s definitely a good thing,” Mr. Griffith said.What’s Next: a lawsuit and a microscope on upcoming elections.The bills invite new scrutiny of elections, especially in Harris County, where officials would be expected to revamp their system just months before important elections.Under the new legislation, future complaints about the functioning of elections in the Democratic-run county could create the real possibility that the secretary of state, a former Republican state senator, could step in and oversee elections as early as next year, as the county votes for president.The bills, said Mayor Sylvester Turner of Houston, “create more problems than they allegedly solve.”Top officials in Harris County have vowed to go to court to challenge both measures aimed at the county once the laws go into effect (Sept. 1, if the governor signs), meaning the fight over elections in the county remains far from over. More

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      Gloria Molina, Pioneering Latina Politician, Dies at 74

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      In three elections, she was a “first,” becoming one of the leading Latina politicians in California and the country.Gloria Molina, a groundbreaking Chicana politician at the city, county and state levels in California who was a fierce advocate for the communities she represented, even though that often meant defying entrenched political structures, died on May 14 at her home in the Mount Washington neighborhood of Los Angeles. She was 74.Her family announced her death, from cancer, on her Facebook page.Since she announced she had terminal cancer in March, colleagues, constituents and the California news media had been praising her achievements in articles and on social media. The Los Angeles Metro’s board of directors voted to name a train station in East Los Angeles after her. Casa 0101, a performing arts organization in the Boyle Heights section of Los Angeles, designated its main stage theater as the Gloria Molina Auditorium. Grand Park, in downtown Los Angeles, which she helped bring into being in 2012, is now Gloria Molina Grand Park.“She championed for years to increase access to parks and green spaces,” the park’s overseeing body said in announcing the renaming, “as well as recreational opportunities that engage culture, support well-being and improve the quality of life for everyone in Los Angeles.”The accolades reflected her legacy as one of the leading Latina politicians in the country, with much of her more than three-decade career encompassing a time when few Latinas were in important positions.In 1982, after working on other politicians’ campaigns, including that of Assemblywoman Maxine Waters, who would later be elected to Congress, Ms. Molina became the first Latina elected to the California Assembly. She ran for that seat even though the political leadership of the Eastside area of Los Angeles County had already selected another candidate, Richard Polanco. She beat him in the Democratic primary and easily defeated a Republican opponent in the general election.A similar thing happened in 1987 when she ran for a seat on the Los Angeles City Council that had been created by redistricting. The political leadership had chosen Larry Gonzalez for the post, but she beat him and a third candidate to become the first Latina council member.Ms. Molina in 1984 campaigning with Walter Mondale, center, who was running for president, and Art Torres, a California state senator.Wally Fong/Associated PressIn 1991, she scored a political hat trick of sorts, becoming the first woman to be elected to the powerful Los Angeles County Board of Supervisors. (In 1979, Yvonne Brathwaite Burke became the first woman on the board when she was appointed to fill out the term of a retiring member.) Some 1,000 supporters attended her swearing in.“We must look forward to a time when a person’s ethnic background or gender is no longer a historical footnote,” Ms. Molina said at the time. “And this election is another step in that positive path to the American promise.”Ms. Molina, who served on the board until term limits ended her tenure in 2014, was right that her victory was no token; today, all five supervisors are women.Roz Wyman, a groundbreaker herself — in 1953, at 22, she became the youngest person ever elected to the Los Angeles City Council — once reflected on Ms. Molina’s “firsts.”“We had a saying in those days: ‘Can a woman break the glass ceiling?’” she said. “Not only did she break it, she busted it in every way that you could possibly bust a glass ceiling.”Gloria Molina was born on May 31, 1948, in Montebello, a Los Angeles suburb. Her father, Leonardo, was a construction worker who was born in Los Angeles but raised in Casas Grandes, Mexico, and her mother, Concepción, was a homemaker from Mexico. The couple immigrated in the 1940s, and Gloria was the oldest of 10 children.“She was almost like a second mom in the family,” Ms. Molina’s daughter, Valentina Martinez, said in a video about her mother made in 2020 for the Mexican-American Cultural Education Foundation. “She did everything. She would tell me that she would come home from school every day and make tortillas for her brothers and sisters. She didn’t get to have fun or go to after-school programs. She was always kind of doing the hard work, making sure everyone was taken care of, changing diapers, cooking, doing all of that. So she was a tough lady from the very beginning.”She was, Ms. Molina said, “brought up in a very traditionally Chicano family.”“The expectations were that you were going to get married and have children,” she said in an oral history recorded in 1990 for the Online Archive of California. “You weren’t going to go on to be anything other than maybe what your mom was.”But she told her mother that she didn’t want to get married young; she wanted to travel and work and get her own place.“She thought I was sort of nuts,” Ms. Molina said.She studied fashion design at Rio Hondo College, in Whittier, Calif., and took courses at East Los Angeles College and California State University, Los Angeles, though she did not get a degree because for most of that period she was also working full time to support herself, including as a legal secretary for five years. She joined in the student activism of the 1960s and early ’70s, demonstrating against the Vietnam War and for Chicano rights.One thing she realized, she said in the Cultural Education Foundation video, was that those activism movements were generally led by men and “really didn’t allow the women to have any role whatsoever.” She banded with other Chicana women try to change that culture.“We were Chicana feminists when there weren’t any around,” she said.She was drawn into politics, working for several prominent figures and, in 1982, deciding to seek the assembly seat over the objections of the male political hierarchy. She and her Chicana supporters knew it would be a difficult battle.“We wanted to destroy everything that they had said I could not do,” she recalled in the oral history. “Like I said, we always accepted the fact that we needed to work twice as hard; we really physically went out and did that.”In her career in the State Assembly, she told The Los Angeles Times in 1987, she prided herself on “being a fighter, one who doesn’t just go along with the program because that’s how the pressure is being applied.” That was certainly true for her signature issue during her assembly years — her opposition to a proposal to build a prison in her Eastside district, a plan whose proponents included Gov. George Deukmejian.She won that battle, a significant one.“She stopped the 100-year pattern of dumping negative land-use developments on the Eastside,” Fernando Guerra, the director of the Center for the Study of Los Angeles at Loyola Marymount University, said in a phone interview.In the process, she earned a reputation for being tough and uncompromising that stuck with her throughout her political career.“Just listen to her talk,” Sergio Munoz, then the executive editor of the Spanish language daily La Opinion, told The New York Times in 1991, shortly after Ms. Molina won election to the Board of Supervisors. “Listen to her answer questions. You are going to get a direct answer, whether it affects other interests or compromises someone else.”Ms. Molina’s last elected position was on the Los Angeles County Board of Supervisors, where she served for more than two decades.Reed Saxon/Associated PressAfter leaving the Board of Supervisors, Ms. Molina made one more bid for political office, challenging José Huizar, an incumbent, for his Los Angeles City Council seat in 2015. She lost. Mr. Huizar later pleaded guilty to corruption charges.Though no longer in office, Ms. Molina remained active in various causes. In 2018, she was among a group protesting outside an Academy Awards luncheon in Beverly Hills, denouncing the scarcity of Hispanic characters in films.“The movie industry should be ashamed of itself,” she said then.In addition to her daughter, Ms. Molina is survived by her husband, Ron Martinez; her siblings, Gracie Molina, Irma Molina, Domingo Molina, Bertha Molina Mejia, Mario Molina, Sergio Molina, Danny Molina, Olga Molina Palacios and Lisa Molina Banuelos; and a grandson.Professor Guerra noted that Ms. Molina, in her various elections, faced the task of convincing voters to choose her over another Latino candidate.“What she had to show was, of the other Latinos that were running, she was the one who was going to represent them better,” he said. “Her secret sauce was that she came across as incredibly authentic, and she was a populist.”“Her only interest, and it came across,” he added, “was the community.” More