State Legislatures

Subterms

    More stories

    • 88 Shares179 Views

      in Elections

      Georgia’s Hot Mess Is Headed Your Way

      by

      Here’s a head scratcher for you: What happens when the leadership of a political party becomes so extreme, so out of touch with its voters, that it alienates many of its own activists and elected officials? And what happens when some of those officials set up a parallel infrastructure that lets them circumvent the party for campaign essentials such as fund-raising and voter turnout? At what point does this party become mostly a bastion of wingnuts, spiraling into chaos and irrelevance?No need to waste time guessing. Just cast your eyes upon Georgia, one of the nation’s electoral battlegrounds, where the state Republican Party has gone so far down the MAGA rabbit hole that many of its officeholders — including Gov. Brian Kemp, who romped to re-election last year despite being targeted for removal by Donald Trump — are steering clear of it as if it’s their gassy grandpa at Sunday supper.Republicans elsewhere should keep watch. Democrats too. What’s happening in Georgia is a cautionary tale for pluralism, an example of how the soul of a party can become warped and wrecked when its leadership veers toward narrow extremism. And while every state’s political dynamics are unique, a variation of the Peach State drama could be headed your way soon — if it hasn’t begun already.The backstory: Some Republican incumbents took offense last year when the Georgia G.O.P.’s Trump-smitten chairman, David Shafer, backed Trump-preferred challengers in the primaries. (Mr. Trump, you will recall, was desperate to unseat several Republicans after they declined to help him steal the 2020 election.) Those challengers went down hard, and Mr. Kemp in particular emerged as a superhero to non-Trumpist Republicans. Even so, scars remain. “That’s a burn that’s hard to get over,” says Brian Robinson, a Republican strategist who served as an adviser to former Gov. Nathan Deal.The clash also made clear that Republican candidates, or at least popular incumbents, don’t much need the party apparatus anymore. This is part of a broader trend: The clout of parties has long been on the slide because of changes in how campaigns are funded. That got turbocharged in Georgia in 2021, when its legislature, the General Assembly, passed a Kemp-backed bill allowing certain top officials (and their general-election challengers) to form leadership PACs, which can coordinate with candidates’ campaigns and accept megadonations free from pesky dollar limits.The PAC Mr. Kemp set up, the Georgians First Leadership Committee, raked in gobs of cash and built a formidable voter data and turnout machine. The governor plans to use it to aid fellow Republicans, establishing himself as a power center independent of the state party.As big-money conduits, leadership PACs can bring plenty of their own problems. But whatever their larger implications, in the current mess that is Georgia Republican politics, they also mean that elected leaders “don’t have to play nice in the sandbox with a group that is sometimes at odds with them,” says Mr. Robinson.The governor says he will skip the state party’s convention in June, as will the state’s attorney general, its insurance commissioner and its secretary of state. At a February luncheon for his Georgians First PAC, Mr. Kemp basically told big donors not to waste their money on the party, saying that the midterms showed “we can no longer rely on the traditional party infrastructure to win in the future,” the Atlanta Journal-Constitution reported.New party leadership is on the way. Mr. Shafer is not seeking another term. (Fun fact: He is under investigation for his role in the pro-Trump fake-elector scheme of 2020.) Party delegates will elect his successor at the upcoming state convention. But the problems run deeper. Republican critics say that the party culture has become steeped in the paranoid politics of MAGA and election denial. And in the current environment, “everyone must pledge their undying loyalty to Donald Trump above all else,” says Jay Morgan, who was an executive director of the state party in the 1980s and now runs a public affairs firm in Atlanta.Mr. Shafer defends his tenure, noting in particular that, since he took over in 2019, the party has gone from being mired in debt to having “over $1 million in the bank.”To be fair, the Georgia G.O.P. has a rich history of rocky relations with its governors. But the Trump era, which brought a wave of new grassroots activists and outsiders into party meetings, put the situation “on steroids,” says Martha Zoller, a Republican consultant and talk radio host.“Right now, it’s largely a place disconnected from reality,” adds Cole Muzio, a Kemp ally and the president of Frontline Policy Action, a conservative advocacy group.That seems unlikely to change any time soon, as some of the party’s more extreme elements gain influence. In recent months, leadership elections at the county and district levels have seen wins by candidates favored by the Georgia Republican Assembly, a coterie of ultraconservatives, plenty of whom are still harboring deep suspicions about the voting system.One of the more colorful winners was Kandiss Taylor, the new chairwoman of the First Congressional District. A keen peddler of conspiracy nuttiness, Ms. Taylor ran for governor last year, proclaiming herself “the ONLY candidate bold enough to stand up to the Luciferian Cabal.” After winning just slightly more than 3 percent of the primary vote, she declared that the election results could not be trusted and refused to concede — an antidemocratic move straight from the Trump playbook. As a chairwoman, she is promising “big things” for her district. So southeast Georgia has that to look forward to.Why should anyone care about the state of the Georgia G.O.P.? Well, what is happening in Georgia is unlikely to stay in Georgia — and has repercussions that go beyond the health and functionality of the Republican Party writ large. After election deniers failed to gain control of statewide offices across the nation in 2022, many of them refocused their efforts farther down the food chain. In February, The Associated Press detailed the push by some of these folks to become state party chairmen, who are typically chosen by die-hard activists. In Michigan, for instance, the state G.O.P. elevated the Trumpist conspiracy lover and failed secretary of state candidate Kristina Karamo to be its chairwoman.MAGA zealots don’t simply present ideological concerns, though their politics do tend toward the fringes. Too many embraced the stop-the-steal fiction that the electoral system has been compromised by nefarious Democrats and must be “saved” by any means necessary. Letting them oversee any aspect of the electoral process seems like a poor idea.If this development persists, Republicans more interested in the party’s future than in relitigating its past might want to look at how Kemp & Company have been trying to address their intraparty problems — and what more could and should be done to insulate not only the party’s less-extreme candidates, but also the democratic system, from these fringe forces. There are risks that come with ticking off election deniers and other Trumpian dead-enders. But the greater risk to the overall party, and the nation, would be declining to do so.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

    • 113 Shares129 Views

      in Elections

      North Carolina Gerrymander Ruling Reflects Politicization of Judiciary Nationally

      by

      When it had a Democratic majority last year, the North Carolina Supreme Court voided the state’s legislative and congressional maps as illegal gerrymanders. Now the court has a Republican majority, and says the opposite.Last year, Democratic justices on the North Carolina Supreme Court ruled that maps of the state’s legislative and congressional districts drawn to give Republicans lopsided majorities were illegal gerrymanders. On Friday, the same court led by a newly elected Republican majority looked at the same facts, reversed itself and said it had no authority to act.The practical effect is to enable the Republican-controlled General Assembly to scrap the court-ordered State House, Senate and congressional district boundaries that were used in elections last November, and draw new maps skewed in Republicans’ favor for elections in 2024. The 5-to-2 ruling fell along party lines, reflecting the takeover of the court by Republican justices in partisan elections last November.The decision has major implications not just for the state legislature, where the G.O.P. is barely clinging to the supermajority status that makes its decisions veto-proof, but for the U.S. House, where a new North Carolina map could add at least three Republican seats in 2024 to what is now a razor-thin Republican majority. Overturning such a recent ruling by the court was a highly unusual move, particularly on a pivotal constitutional issue in which none of the facts had changed.The North Carolina case mirrors a national trend in which states that elect their judges — Ohio, Kentucky, Kansas, Wisconsin, Pennsylvania and others — have seen races for their high court seats turned into multimillion-dollar political battles, and their justices’ rulings viewed through a deeply partisan lens.Such political jockeying once was limited mostly to confirmation fights over seats on the U.S. Supreme Court. But as the nation’s partisan divide has deepened, and the federal courts have offloaded questions about issues like abortion and affirmative action to the states, choosing who will decide state legal battles has increasingly become an openly political fight.The new Republican majority of justices said the North Carolina Supreme Court had no authority to strike down partisan maps that the General Assembly had drawn.“Our constitution expressly assigns the redistricting authority to the General Assembly subject to explicit limitations in the text,” Chief Justice Paul Newby wrote for the majority. “Were this court to create such a limitation, there is no judicially discoverable or manageable standard for adjudicating such claims.”Justice Newby said that Democrats who led the previous court had claimed to have developed a standard for deciding when a political map was overly partisan, but that it was “riddled with policy choices” and overstepped the State Constitution’s grant of redistricting powers to the legislature.Legal scholars said the ruling also seemed likely to derail a potentially momentous case now before the U.S. Supreme Court involving the same maps. In that case, Moore v. Harper, leaders of the Republican-run legislature have argued that the U.S. Constitution gives state lawmakers the sole authority to set rules for state elections and political maps, and that state courts have no role in overseeing them.Now that the North Carolina Supreme Court has sided with the legislature and thrown out its predecessor’s ruling, there appears to be no dispute for the federal justices to decide, the scholars said.The ruling drew a furious dissent from one of the elected Democratic justices, Anita S. Earls, who said that it was pervaded by “lawlessness.” She accused the majority of making specious legal arguments, and at times using misleading statistics, to make a false case that partisan gerrymandering was beyond its jurisdiction.“The majority ignores the uncontested truths about the intentions behind partisan gerrymandering and erects an unconvincing facade that only parrots democratic values in an attempt to defend its decision, ” she wrote. “These efforts to downplay the practice do not erase its consequences and the public will not be gaslighted.”Some legal experts said the ruling underscored a trend in state courts that elect their justices, in which decisions in politically charged cases increasingly align with the ideological views of whichever party holds the majority on the court, sometimes regardless of legal precedent.“If you think the earlier State Supreme Court was wrong, we have mechanisms to change that, like a constitutional amendment,” Joshua A. Douglas, a scholar on state constitutions at the University of Kentucky College of Law, said in an interview. “But changing judges shouldn’t cause such a sea change in the rule of law, because if that’s the case, precedent has no value any longer, and judges really are politicians.”The state court also handed down two more rulings in politically charged cases, overturning decisions that favored voting-rights advocates and their Democratic supporters.In the first, the justices reconsidered and reversed a ruling by the previous court, again along party lines, that a voter ID law passed by the Republican majority in the legislature violated the equal protection clause in the State Constitution.In the second, the justices said a lower court “misapplied the law and overlooked facts crucial to its ruling” when it struck down a state law denying voting rights to people who had completed prison sentences on felony charges but were not yet released from parole, probation or other court restrictions.The lower court had said that the state law was rooted in an earlier law written to deny voting rights to African Americans, a conclusion that the Supreme Court justices said was mistaken.The new ruling undid a decision that had restored voting rights to more than 55,000 North Carolinians who had completed prison sentences. Those rights are now revoked, lawyers said, although the status of former felons who had already registered or voted under the previous ruling appeared unclear.The ruling on Friday in the gerrymander case, now known as Harper v. Hall, came after partisan elections for two Supreme Court seats in November shifted the seven-member court’s political balance to 5-to-2 Republican, from 4-to-3 Democratic.The Democratic-controlled court ruled along party lines in February 2022 that both the state legislative maps and the congressional district maps approved by the Republican legislature violated the State Constitution’s guarantees of free speech, free elections, free assembly and equal protection.A lower court later redrew the congressional map to be used in the November elections, but a dispute over the State Senate map, which G.O.P. leaders had redrawn, bubbled back to the State Supreme Court last winter. In one of its last acts, the Democratic majority on the court threw out the G.O.P.’s State Senate map, ordering that it be redrawn again. The court then reaffirmed its earlier order in a lengthy opinion.Ordinarily, that might have ended the matter. But after the new Republican majority was elected to the court, G.O.P. legislative leaders demanded that the justices rehear not just the argument over the redrawn Senate map, but the entire case.The ruling on Friday came after a brief re-argument of the gerrymander case in mid-March.North Carolina voters are almost evenly split between the two major parties; Donald J. Trump carried the state in 2020 with 49.9 percent of the vote. But the original map of congressional districts approved by the G.O.P. legislature in 2021, and later ruled to be a partisan gerrymander, would probably have given Republicans at least 10 of the state’s 14 seats in the U.S. House of Representatives.Using a congressional map drawn last year by a court-appointed special master, the November election delivered seven congressional seats to each party. With the decision on Friday, the G.O.P. legislature is likely to approve a new map along the lines of its first one, giving state Republicans — and the slender Republican majority in the U.S. House — the opportunity to capture at least three more seats. More

    • 113 Shares169 Views

      in Elections

      Florida Lawmakers Clear a Potential Presidential Roadblock for DeSantis

      by

      The Florida Legislature passed an elections bill on Friday clarifying that Gov. Ron DeSantis would not have to resign early if he ran for president.Gov. Ron DeSantis has gotten just about everything he wanted out of Florida’s legislative session, which draws to a close next week.A six-week ban on abortion. The ability for Floridians to carry concealed weapons without a permit or training. An expansion of school vouchers. All laws that Mr. DeSantis could lean on heavily in a potential Republican primary for president.Now the governor’s legislative allies in Tallahassee have delivered another boon, one that is procedural but just as important: an elections bill that eliminates a potential roadblock to Mr. DeSantis declaring his candidacy for president, which he is expected to do next month. The law will ensure that Mr. DeSantis does not have to resign the governorship early if he runs for president.On Friday, the State House of Representatives approved the law with a 76-34 vote along strict party lines, with nine lawmakers abstaining. Having already been approved by the State Senate, it now heads to Mr. DeSantis’s desk.The previous provision in state law, known as the “resign-to-run” statute, could have posed a problem for Mr. DeSantis’s presidential ambitions.Although legal opinions varied, it might have compelled Mr. DeSantis, if he became a presidential candidate, to resign as governor in 2025 with two years still left in his term. The new bill cleared up any ambiguity by stating that the law does not apply to elected officials running specifically for president and vice president, meaning Mr. DeSantis can make a bid for the White House without the prospect of giving up the governor’s office should he lose the 2024 Republican primary or general election.Allies have been urging Mr. DeSantis to formally jump into the 2024 race, seeing it as the only way to deal with former President Donald J. Trump, the Republican front-runner.Sophie Park for The New York Times“I can’t think of a better training ground than the state of Florida for a future potential commander in chief,” State Representative Tyler I. Sirois, a Merritt Island Republican, said on the House floor.Republicans said they wanted to leave no ambiguity in the law and argued that presidential and vice-presidential candidates are different than others seeking elective office because they are chosen by political parties in national conventions — instead of having to simply qualify for the ballot. Democrats countered that Mr. DeSantis was getting special treatment from his legislative buddies.“Why are we signing off on allowing Ron DeSantis the ability to not do his job?” said State Representative Angie Nixon, a Jacksonville Democrat, who argued during the floor debate that Mr. DeSantis was neglecting his duties as governor.In the months before the legislative session kicked off in March, it seemed that the bill’s passage would mark a time for quiet celebration in the DeSantis camp — a tactical milestone for a campaign that seemed to have front-runner status in its grasp. But since then, the governor has frequently seemed to stumble or been stymied at crucial moments, often to the delight of former President Donald J. Trump, a declared candidate who now leads him in the polls.As Mr. DeSantis seeks to recover his footing, he will hope to present the new laws he has steered through Republican-controlled Tallahassee as evidence of what he might accomplish in the White House, while pointing to his landslide re-election last year as proof that his conservative policies have a broad base of support.“In November, December and January, Republicans all around the country were looking to DeSantis as the future of the party,” said Alex Conant, a Republican political strategist who worked as communications director for Senator Marco Rubio of Florida during his 2016 presidential campaign. “He was really hot coming off the midterms. But now it’s not so clear that Republican voters are ready to move beyond Trump.”Those close to Mr. DeSantis say he plans to make his presidential bid official in mid-May or late May, and he has already assembled the makings of a senior campaign staff.Matias J. Ocner/Miami Herald, via Associated PressPart of Mr. DeSantis’s struggle has been the challenge of running for higher office only unofficially. Such a shadow campaign limits how strongly his message can carry beyond Florida and seems to curtail his ability to criticize his presumptive main rival, Mr. Trump. Allies have been urging Mr. DeSantis to formally jump into the race, seeing it as the only way to deal with the former president.“Trump was born without gloves,” Mr. Conant said. “He is always on offense. If you’re going to run against him, expect him to wake up every day punching you.”As the pressure builds, the end of the DeSantis campaign-in-waiting finally seems near. Those close to him say he plans to make his presidential bid official in mid-May or late May. And he has assembled the makings of a senior campaign staff in Tallahassee, including veteran advisers from his time as governor and when he served in Congress. A super PAC backing his candidacy says it has raised $33 million and has hired operatives in key early voting states.The group, Never Back Down, also brought in Adam Laxalt, the former Nevada attorney general, as its chairman. Mr. Laxalt is a Trump ally who amplified the former president’s conspiracy theories about the integrity of the 2020 election. But he has longstanding ties to Mr. DeSantis, too, dating back to their days as roommates during naval officer training.“If Governor DeSantis heeds the growing calls for him to run for president, we can hit the ground running for him to win,” said Erin Perrine, the communications director for Never Back Down.As the political operation backing him grows, Mr. DeSantis has spent more and more time out of state, which has included appearances promoting his new memoir and a foreign trade mission this week. In his absence, cracks have started to appear in his political coalition back home for the first time.On Wednesday, State Senator Joe Gruters, a Republican who is a close ally of Mr. Trump, made an open show of defiance against Mr. DeSantis by voting no on a bill related to Disney. The bill — part of a yearlong feud between the company and Mr. DeSantis that has energized segments of the Republican base while alienating some members of the donor class — would nullify development agreements involving Disney.Crowds gathering to hear Mr. DeSantis during a book-signing event in Garden City, N.Y., in April.Johnny Milano for The New York TimesIn a statement, Mr. Gruters, a former chairman of the Republican Party of Florida, said that the state should “support our job creators” and avoid influencing the behavior of corporations with “the heavy hand of government.”While he was the lone Republican to vote no, and the bill passed easily, the moment came as a sign that tensions between Mr. DeSantis and Mr. Trump are spelling the end of the days when the state party stood unanimously behind the governor.Mr. DeSantis’s attacks on Disney have also recently led some national Republicans to publicly air words of caution. Mr. Rubio said he did not have a problem taking on Disney but expressed concern that businesses might be fearful of coming to Florida if politicians continued to put pressure on companies over politics. House Speaker Kevin McCarthy also weighed in.“I think it would be much better if he sat down and solved the problem,” Mr. McCarthy told CNBC on Thursday.Local leaders have taken shots at Mr. DeSantis, too.Last week, Mayor Francis Suarez of Miami, a Republican who may also run for president, criticized how Mr. DeSantis treats others during an appearance on Fox News. “Well, he seems to struggle with relationships, generally,” said Mr. Suarez, who has occasionally clashed with the governor over the years but had not attacked him so personally. “I mean, I look people in the eye when I shake their hands.”Even Dwyane Wade, the popular former star for the N.B.A.’s Miami Heat, seemed to weigh in, saying in a television interview that he left Florida in part because of the state’s stance on transgender issues. (Mr. Wade’s teenage daughter is transgender.)“My family would not be accepted or feel comfortable there,” he said, without directly referencing the governor.As part of Mr. DeSantis’s agenda, state leaders have pushed laws banning children from drag shows and criminalizing gender-affirming health care for minors, as well as expanding a law that restricts the discussion of sexual orientation and gender identities in public schools.Drag queens and their supporters marched in a protest to the State Capitol in Tallahassee, Fla., on Tuesday.Alicia Devine/Tallahassee Democrat, via Associated PressThe change to the resign-to-run law is not the first time a pliant legislature has helped out a governor. Legislators under former Governors Charlie Crist and Rick Scott adjusted the law when it seemed in their interest. Mr. DeSantis’s office did not respond when asked if he supported the change.Not every new law the governor sought this session is sure to pass.A proposal on immigration looks like it will be somewhat watered down. And the sponsor of a bill that would make it easier to sue the news media has said that the legislation is unlikely to move forward this year.Still, those who have seen Tallahassee in action say it was an unusually productive time.“I think it’s clear the governor has had a remarkable session, one of the best I can remember,” said Brian Ballard, an influential lobbyist who has served as a fund-raiser for both Mr. Trump and Mr. DeSantis.With Republicans holding supermajorities in both legislative chambers, Florida Democrats could do little but watch.Dan Gelber, the Democratic mayor of Miami Beach and a former state senator, said many of the governor’s priorities were “not important” to most Floridians.“It’s a heaping portion of red meat for his base,” Mr. Gelber said.Maggie Haberman More

    • 150 Shares189 Views

      in Elections

      Republicans Did Something Most People Don’t Like, So They’re Changing the Rules

      by

      When Nikki Haley, the former South Carolina governor and United Nations ambassador, announced her campaign for the Republican presidential nomination in February, she remarked that the Republican Party had “lost the popular vote in seven out of the last eight presidential elections.” That, she said, “has to change.”Her fellow Republicans appear to disagree. Across the country, Republican officeholders and activists have abandoned any pretense of trying to win a majority of voters. Last week, for example, Cleta Mitchell — a top Republican lawyer, strategist and fund-raiser — told donors to the Republican National Committee that conservatives had to limit voting on college campuses and tighten rules for voter registration and mail-in ballots. Only then, she said, could Republicans level the playing field for the 2024 presidential election. “The left has manipulated the electoral systems to favor one side — theirs,” she said in her presentation. “Our constitutional Republic’s survival is at stake.”The Republican Party’s hostility to popular government is most apparent on issues where the majority stands sharply opposed to conservative orthodoxy. Rather than try to persuade voters or compromise on legislation, much of the Republican Party has made a conscious decision to insulate itself as much as possible from voters and popular discontent.None of this is new, of course. The first major wave of Republican voter restrictions landed in 2011 after the previous year’s Tea Party-driven election. The Supreme Court unraveled a key section of the Voting Rights Act two years later in Shelby County v. Holder. And it’s been more than 10 years since Republicans in Wisconsin gerrymandered themselves into an almost impenetrable legislative majority.There’s still room for innovation, however, and in the past year Republicans have opened new fronts in the war for minority rule. One element in these campaigns, an aggressive battle to limit the reach of the referendum process, stands out in particular. Wherever possible, Republicans hope to raise the threshold for winning a ballot initiative from a majority to a supermajority or — where such a threshold already exists — add other hurdles to passage. It’s an abrupt change from earlier decades, when Republicans used referendums to build support and enthusiasm among their voters on both social and economic issues.The initiative and referendum processes were envisioned at the start of the 20th century to circumvent an unrepresentative and recalcitrant legislature. And in the year since the Supreme Court’s decision in Dobbs v. Jackson Women’s Health, voters have used both to do exactly that. As my newsroom colleagues Kate Zernike and Michael Wines noted on Sunday, “Voters pushed back decisively after the Supreme Court overturned Roe v. Wade last year, approving ballot measures that established or upheld abortion rights in all six states where they appeared.”In the face of public opposition to their unpopular views on abortion, Republicans had three choices: make the case to voters that tough abortion restrictions were worthwhile; compromise and bend to public opinion; or change the rules so that their opponents could not protect abortion rights against the will of a legislature that wants to ban the procedure.You know where this is going.Ahead of an effort to enshrine abortion rights into the state Constitution with a ballot measure that would go to voters in a November general election, Ohio Republicans are advancing a ballot measure that would raise the threshold for passing such a measure to 60 percent. If they get their way, the measure could go to voters in an August special election (previously, Ohio Republicans had opposed August special elections). This new rule requiring a supermajority would take only a simple majority to pass.In the wake of successful ballot initiatives to adopt the Medicaid expansion and legalize recreational marijuana, which passed in 2020 and 2022, Missouri Republicans also want to create a new supermajority requirement for ballot measures. One proposal would require 60 percent of the vote; the other two would require a two-thirds vote. Another related proposal would require any ballot initiative to receive a majority of the vote in half of Missouri’s 34 State Senate districts, most of which are sparsely populated. It would create, in essence, an electoral college for ballot initiatives.Republicans in Florida want to raise their state’s threshold for amending the Constitution through ballot initiative from 60 percent of the vote to nearly 67 percent. And after voters in Arkansas rejected a ballot measure to put new restrictions on future ballot measures, Republicans under Gov. Sarah Huckabee Sanders simply passed the changes into law, using the legislature to do what they could not accomplish with the ballot measure.There is a point to make here about supermajority thresholds for lawmaking, whether it’s in or outside the legislature. The common defense of the supermajority threshold is that it is a tool to build or encourage consensus. But as Alexander Hamilton observed of the Articles of Confederation — which demanded consensus, even unanimity, for the Confederation Congress to take action — “To give a minority a negative upon the majority (which is always the case where more than a majority is requisite to a decision) is, in its tendency, to subject the sense of the greater number to the lesser.” In other words, a supermajority requirement is more akin to a minority veto than it is a technique for the promotion of consensus.There are times and circumstances where demanding a supermajority makes sense. But the Republican opponents of majority rule for ballot initiatives aren’t thinking about the best way to structure direct lawmaking by the public. They are thinking about the best way to keep voters from stopping their efforts to ban abortion (or legalize marijuana or give health insurance to working people), as if all power belongs to them and not, say, the people.As a unit of governance, the state legislature is both unusually powerful, with broad discretion over large areas of public policy, and unusually open to partisan and ideological capture through luck, timing and open manipulation of the rules. Part of the political story of the past decade (and farther back still) is how the Republican Party and the conservative movement have used these facts to their advantage.With gerrymandering, Republicans in several otherwise competitive states have built a nearly impenetrable wall around their legislative majorities. Through restrictions on the vote, they can keep as many of their opponents from the ballot box as is feasible. With fanciful doctrines like the so-called independent state legislature theory, they could have a pretext for amassing even more power to shape elections — even if the Supreme Court rejects the theory in its strongest form. And if all of this isn’t enough to tilt the playing field, Republicans can, as we see, change the rules of referendums and initiatives to limit direct policymaking by the voters.One of the many self-justifying myths about the counter-majoritarian features of the American political system is that they exist to curtail or prevent the “tyranny of the majority.” Americans today might want to remember something the framers never forgot: Much worse than the tyranny of the many is the tyranny of the few.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

    • 138 Shares179 Views

      in Elections

      Facing Tough Senate Race, Montana G.O.P. Looks to Change the Rules

      by

      An election bill moving through the Republican-led Legislature would rewrite the rules for a single race: the looming battle against Senator Jon Tester, a Democrat.HELENA, Mont. — Republicans typically cry foul when accused of rewriting election laws to benefit their candidates. But as the Montana Legislature debates a new voting bill, even some G.O.P. lawmakers concede that this one appears designed to help them win elections — more precisely, one very important election.The bill would rewrite the rules for the state’s next U.S. Senate race and only that race. The 2024 fight to oust Senator Jon Tester, a Democrat, is expected to be one of the tightest in the country.The legislation would shift the contest from a traditional election into a “top two” primary system, making it exceedingly difficult for third parties to reach a general election ballot. Some believe the system would keep the state’s vibrant Libertarian Party from siphoning votes from the Republican nominee.The 2024 fight to oust Jon Tester, a Democratic senator from Montana, is expected to be one of the tightest in the country.Sarah Silbiger/ReutersWhile supporters of the bill say it makes elections fairer, both Republican and Democratic lawmakers in Helena have claimed that the bill reeks of political interference. Some have chafed at the involvement of Washington operatives, especially allies of Senator Steve Daines. A Montana Republican and head of the National Republican Senatorial Committee, Mr. Daines is leading the party’s campaign to win control of the Senate in 2024.Brad Molnar, a Republican state senator who opposes the bill, criticized Washington meddling in Montana politics, saying that if national Republicans get involved, “we will lose.” He predicted that the bill would backfire on Republicans if angry Libertarians flock to Democrats. “They will be angry. Why wouldn’t they be? I’m not a libertarian, and I’m angry.”The bill’s sponsor, State Senator Greg Hertz, said he was trying to ensure that Montana’s senator would win with more than 50 percent of the vote and to also tamp down on parties’ interference with third-party candidates.Mr. Hertz said he had designed the bill to apply only to the upcoming Senate race because he saw it as a test run. He expected the Legislature to examine expanding the system to congressional, state legislative and other statewide races in the future.The system would mirror California’s primaries, where all the candidates from all the parties appear on the same ballot, and the top two vote-getters face off in the general election.The bill passed the Montana Senate last week by a narrow margin, with seven Republican senators voting against it. A House committee will hold a hearing on the bill on Friday.State Senator Greg Hertz, the bill’s sponsor, says he was trying to tamp down on parties’ interference with third-party candidates.Janie Osborne for The New York TimesMultiple former Republican officials are expected to testify against it. The Libertarian Party has also been organizing opposition to the bill. The state’s Republican governor has not weighed in.But the forces crafting the bill and pushing it through are powerful.Chuck Denowh, a lobbyist who worked for Mr. Daines’s 2020 campaign and has ties to the Montana Republican Party, has been working closely with Mr. Hertz. At one point he suggested critical changes that focused the bill on Mr. Tester’s race, according to emails reviewed by The New York Times.“We would like it to apply only to United States Senate races,” Mr. Denowh said in an email sent on March 26 to multiple lawmakers, including Mr. Hertz. “We’d like a sunset in 2025,” he added. It was not clear whom “we” was referring to, and Mr. Denowh declined to answer questions.Mr. Hertz quickly agreed with the changes and asked State Senator Steven J. Fitzpatrick, the House majority leader, who was copied on the email chain, to make the newly reworked proposal “a priority bill.”The sudden changes and swift reintroduction after an initial failure in committee caught Republican lawmakers by surprise.In a text message chain among eight Republican senators, Mr. Fitzpatrick answered lawmakers’ concerns by telling them the bill “came from Daines” and that it was the “brainchild of the Jason Thielman,” according to screenshots of the texts obtained by The New York Times. Mr. Thielman is a longtime Daines aide who is now the executive director of the N.R.S.C.“No wonder I don’t like it,” responded Senator Dan Salomon, a Republican state senator who voted against the bill.When asked about the text messages, Mr. Fitzpatrick said that he had never spoken directly with Mr. Daines about the bill, but that he believed the effort originated with national Republicans.Mr. Daines has not weighed in publicly. Rachel Dumke, a spokeswoman for Mr. Daines’s office, declined to comment.At least two Republican lawmakers in Montana said they had been pressured by Mr. Daines’s office to support the bill. And one Republican state senator received a text message from state Republican Party officials explicitly saying the bill was needed to defeat Mr. Tester. The lawmakers asked for anonymity to disclose private discussions.In an interview, Mr. Hertz said he had been working on election issues since last September, initially exploring adding a runoff election. But he acknowledged that his efforts seemed to gain national interest when he zeroed in on the Senate race.“Yeah, I heard from a lot of people in D.C. at that point in time,” Mr. Hertz said. He added that he hadn’t spoken with Mr. Daines personally but had spoken with Mr. Thielman repeatedly about the status of the bill.A spokesman for the N.R.S.C., Mike Berg, declined to comment on Mr. Thielman’s involvement.“The optics of the situation, I felt, were bad … I want to do it across the board,” said Jason Small, a Republican state senator who voted against the bill.Janie Osborne for The New York TimesMr. Hertz said that he thought the changes would help third parties. “This gives them an opportunity in the primary to win more votes. And if you have enough support, you will end up on the general ballot, and that will give you an opportunity to make your case to the voters of Montana.”A spokeswoman for Gov. Greg Gianforte declined to respond to questions, pointing to the governor’s brief statement at a news conference on Thursday.“A number of other states have tried things like this,” Mr. Gianforte said. “I think it’s kind of an interesting idea, but we won’t take a firm position until we actually see the final legislation.”Some Republican lawmakers who were supportive of the idea of a top-two election system balked when they saw that the proposal had been amended to apply only to the 2024 Senate election.“If we’re going to do a top-two primary, I’m all for it. I think it’s wonderful,” said Jason Small, a Republican state senator who voted against the bill. “The optics of the situation, I felt, were bad if we’re going to just single out one particular race and try it there. I want to do it across the board.”Some Republicans in the statehouse noted that the bill might not have much of an impact on the outcome. They cited a recent study by the election website FiveThirtyEight that found that Mr. Tester was likely to have prevailed in all of his elections even if the Libertarian candidate hadn’t run.The Tester campaign accused Montana Republicans of attempting a power grab.Republicans are “trying to change local election laws to look more like California’s in an attempt to gain political power for themselves,” said Shelbi Dantic, a spokeswoman for Mr. Tester’s re-election campaign.So far, no front-runner has emerged to challenge Mr. Tester in November. Republicans in Helena expect Representative Matt Rosendale, a conservative who voted to overturn the 2020 presidential election, to explore a run. Tim Sheehy, a wealthy businessman and military veteran, is being recruited by some Republicans in Washington to run, as first reported by Axios, though he has not made any formal announcement.As news about the bill spread around the state, Republican lawmakers said they were receiving calls and texts from constituents claiming an unease with the bill. Senator Jeff Welborn, a Republican state senator, noted that the complaints weren’t coming from just Democrats.Mr. Welborn said that he had received multiple text messages, including one from a constituent who said the bill amounted to election interference. “This guy also has Republican candidate signs in his yard,” Mr. Welborn said. “He saw this as a really, really bad look on Montana as a state for trying this one on.”Former Republican leaders in the state have also been vocal in their opposition.“It’s a horrible commentary about how you value the votes of your fellow citizens,” said Marc Racicot, a former Republican governor and former chair of the R.N.C. “They didn’t sign up as guinea pigs.”Republicans in favor of the bill said that they believed it would cut down on the interference by major parties with third-party candidates. In the past, Democrats have attempted to promote Libertarian candidates to try and divert votes from Republicans, and Republicans have fought to get Green Party candidates on the ballot to try and draw support away from Democrats.“I think at least with the top-two primary you eliminate some of that nonsense,” Mr. Fitzpatrick said, adding, “It’s dirty politics at its worst.” More

    • 100 Shares179 Views

      in Elections

      DeSantis Allies Pressure Florida Lawmakers Against Endorsing Trump

      by

      After four members of Congress backed Donald J. Trump, Republicans close to the Florida governor are trying to keep others from wading into the brewing fight for the G.O.P. presidential nomination.Supporters of Ron DeSantis, the Florida governor, who is considering a run for president, have begun pressing members of the state’s Republican congressional delegation to hold off on any endorsements in the brewing presidential primary after four House members from Florida publicly backed Donald J. Trump.The effort, first reported by NBC News, was indicative of the growing concern in Mr. DeSantis’s orbit that the former president was building a significant structural advantage as the governor considers jumping in. One Republican familiar with the calls, who insisted on anonymity in order to discuss private conversations, said that Mr. DeSantis had been “blindsided” by the Trump endorsements from Representatives Byron Donalds, Matt Gaetz, Anna Paulina Luna and Cory Mills, all staunch supporters of the former president who also backed Mr. DeSantis’s re-election last year.It also shows how important the megastate of Florida will be in 2024. Once a general election battleground, Florida has drifted out of reach for Democrats. But with Florida’s governor and arguably its most famous resident, Mr. Trump of Palm Beach, battling for endorsements, donors and voters, the Republican primary will be a local brawl, assuming Mr. DeSantis jumps in.The calls, led by Ryan Tyson, a Florida pollster, and his political team based in Tallahassee, have reached Representatives Kat Cammack, Vern Buchanan, Mario Diaz-Balart, Greg Steube, Aaron Bean and Laurel Lee. Others in the 20-member Republican delegation from Florida are almost certainly on the call list, another Republican official familiar with the effort said on Thursday.“Yeah, they have reached out,” Mr. Steube confirmed to The Sarasota Herald-Tribune. “When we are ready to endorse a candidate for president, we will.”The endorsement of Mr. Trump by Mr. Donalds was especially stinging, coming from one of the few Black Republicans in the U.S. House and a former member of the Florida House of Representatives. Mr. Donalds introduced the governor at his victory party on election night in November.Mr. Donalds wrote in his endorsement on Monday that “2024 isn’t simply an election.” He continued: “It is an inflection point in our nation’s history, and it is an inflection point in world history. There is only one leader at this time in our nation’s history who can seize this moment and deliver what we need.”The calls may be having an impact, according to the sources familiar with them. Mr. Tyson’s team was told by some members that no more endorsements were imminent.Neil Vigdor More

    • 125 Shares139 Views

      in Elections

      The Republican Strategists Who Have Carefully Planned All of This

      by

      Republican leaders are now adopting increasingly autocratic measures, using the police powers of government to impose moralized regulations, turning private citizens into enforcement officers and expelling defiant elected Democrats just as county Republican parties, particularly in western states, are electing militia members, Christian nationalists and QAnon believers to key posts.Here’s one example. Last November, the Republican Party of Clackamas County in Oregon chose a new vice chairman, Daniel Tooze, a Proud Boy from Oregon City, and Rick Riley, head of the county chapter of Take Back America, which denies the results of the 2020 presidential election, as chairman. Oregon Public Broadcasting reported that in central Oregon’s Deschutes County, the local Republican Party chose Scott Stuart, “a member of the county chapter of People’s Rights, a nationwide network of militia groups and anti-government activists founded by conservative firebrand Ammon Bundy.”In June 2022, two of my Times colleagues, Patricia Mazzei and Alan Feuer, reported that “at least a half-dozen current and former Proud Boys” had secured seats on the Miami-Dade Republican Executive Committee, including two facing criminal charges for participation in the Jan. 6 attack on the Capitol:The concerted effort by the Proud Boys to join the leadership of the party — and, in some cases, run for local office — has destabilized and dramatically reshaped the Miami-Dade Republican Party that former Gov. Jeb Bush and others built into a powerhouse nearly four decades ago, transforming it from an archetype of the strait-laced establishment to an organization roiled by internal conflict as it wrestles with forces pulling it to the hard right.“On the right, support for violence is no longer a fringe position,” Rachel Kleinfeld, a senior fellow in the Democracy, Conflict and Governance Program at the Carnegie Endowment for International Peace, wrote in a November 2022 Politico essay, “How Political Violence Went Mainstream on the Right.”Those joining violent political events like the Jan. 6 insurrection, Kleinfeld continued,are more likely to be married middle-aged men with jobs and kids. Those most likely to support violence on the right feel most connected to the Republican Party. This is not a marginal movement: It is people who see violence as a means to defend their values, an extension of their political activity.Democrats are not driving today’s political violence, Kleinfeld argued,but they are at least partly responsible for driving many people into the arms of the far right. Fear is a major cause of violence. As America undergoes immense change, from a fourth industrial revolution to remaking the concept of gender, many Americans are struggling to understand why they feel unmoored, anxious and behind. Snake-oil salesmen like Tucker Carlson offer the racist Great Replacement Theory as an explanation. Rather than provide a better story, the progressive left calls people names if they can’t march to a radically new tune fast enough. No wonder that even people of color moved in 2020 toward a right that offers understanding and a sense of community.At the same time, Republican leaders are showing a growing willingness to disempower both Democratic officials and cities run by Democrats if they defy Republican-endorsed policies on matters as diverse as immigration, abortion and gun control.The expulsion of two Black state representatives by the Republican majority in Tennessee received widespread publicity this past week (one has already been reinstated by local officials and the other may be soon). But their expulsion, as spectacular as it was, is just the most recent development in a pattern of attempts by Republicans to fire or limit the powers of elected Democrats in Florida, Mississippi, Georgia and elsewhere. This includes Gov. Ron DeSantis’s decision in August 2022 to suspend Andrew H. Warren, the elected Democratic state attorney of Hillsborough County, who had signed a statement saying he would not prosecute those who seek or provide abortions.In defiance of public opinion, 22 Republican attorneys general and 67 Republican members of the U.S. House of Representatives filed amicus briefs that called on Matthew Kacsmaryk, a Federal District Court judge in Amarillo, Texas, to invalidate the Food and Drug Administration’s 23-year-old approval of the abortion pill mifepristone, which Kacsmaryk promptly went ahead and did last week. A February Ispos poll found that by a 3 to 1 margin (65-21), American adults agree that “medication abortion should remain legal in the United States,” including a healthy plurality (49-35) of Republicans.Republicans in states across the country are defiantly pushing for the criminalization of abortion — of the procedure, of abortifacient drugs and of those who travel out of state to terminate pregnancy — despite clear evidence, in the aftermath of the Supreme Court’s decision overturning Roe v. Wade, that public opinion had shifted in favor of abortion rights.According to research provided to The Times by the Kaiser Family Foundation, states that have abortion bans at various early stages of pregnancy with no exception for rape or incest include Alabama, Arizona, Arkansas, Florida, Kentucky, Louisiana, Mississippi, Missouri, Ohio, Oklahoma, South Dakota, Tennessee, Texas, West Virginia and Wisconsin.An overwhelming majority of Americans of all political persuasions believe there should be exceptions for rape and incest. An October 2022 survey of 21,730 people by the University of Pennsylvania’s Penn Program on Opinion Research and Election Studies found overall support for these exceptions at 86-14; among Democrats at 94-6; among independents at 89-12; and among Republicans at 76-24.At least three states with Republican governors — Florida, Virginia and Texas — have adopted laws or regulations empowering private citizens to enforce restrictive policies governing abortion, sex education or the teaching of critical race theory, in some cases providing bounties for those reporting abortions.Jacob Grumbach, a political scientist at the University of Washington, argues in his 2022 book, “Laboratories Against Democracy”:When it comes to democratic backsliding in the states, the results couldn’t be clearer: over the past two decades, the Republican Party has eroded democracy in states under its control. Republican governments have gerrymandered districts, made it more difficult to vote and restricted civil liberties to a degree unprecedented since the civil rights era. It is not local changes in state-level polarization, competition or demographics driving these major changes in the rules of American democracy. Instead, it is the groups that make up the national coalition of the modern G.O.P. — the very wealthy on the one hand and those motivated by white identity politics and cultural resentment on the other.When I asked him why the Republican Party had moved in this direction over the past generation, Grumbach elaborated in an email, observing that the two major elements of the Republican Party — “extremely wealthy individuals in an era of high economic inequality” and “a voter base motivated by cultural and demographic threat” — have a “hard time winning electoral majorities on the basis of their policy agendas (a high-end tax cut agenda for the elite base and a culturally reactionary agenda for the electoral base), which increases their incentive to tweak the rules of the game to their advantage.”Pippa Norris, a political scientist at Harvard’s Kennedy School, argued in an email that contemporary cultural conservatism depends on support from declining constituencies — non-college whites (as pollsters put it), evangelical Christians and other ideologues on the right — which places these groups in an increasingly threatened position, especially in the American two-party system.“At a certain point, the arc of history, which bends toward liberalism, means that traditional values among social conservatives lose their hegemonic status,” Norris wrote, which “is eventually reflected in progressive changes in the public policy agenda evident in many postindustrial societies during the late twentieth century, from the spread of reproductive rights, equal pay for women and men, anti-sex discrimination laws, passage of same-sex marriage laws, support for the international rules-based world order based on liberal democracy, free trade, and human rights, and concern about protection against environmental and climate change.”The consequences of this long-term cultural development for the losers, Norris continued, is a buildup of “resentment at the loss of the hegemony of traditional values and identities.” The problem for the Republican Party, she observed, lies in the fact that “by appealing to their shrinking socially conservative base, the Republican Party has been unable to gain a majority of the popular vote in their bid for the White House in eight of the last nine presidential elections.”The reality, Norris wrote, is:Since the early 1980s, on issue after issue, from abortion, secular values, civil rights, racial, homosexual, and gender equality, gun control, cosmopolitanism, and environmentalism, the pool of social conservatives adopting traditional views on these moral and social identity issues has been shrinking in size within the U.S. national electorate, from majority to minority status. They are running down an up escalator.With their backs to the wall, Norris argued, conservatives have capitalized oninstitutional features of U.S. elections that allow Republicans to seek to dismantle checks on executive power — including the extreme decentralization of electoral administration to partisan officials with minimal federal regulation, partisan gerrymandering of districts, overrepresentation of rural states in the U.S. Senate and Electoral College, partisan appointments in the judiciary, primary elections rallying the faithful in the base but excluding the less mobilized moderate independents, the role of money from rich donors in elections and campaigns, and so on and so forth. The Trump presidency exacerbated these developments, but their roots are far deeper and more enduring.Nicholas Stephanopoulos, a law professor at Harvard, noted in an email “that state policy outcomes are becoming more bimodal” — liberal or conservative, rather than centrist — “than in previous eras” and that the “misalignment between public policy and public opinion is pervasive in modern American politics,” particularly in red states “where public policy is far more extreme and conservative than the public wants.”In theory, the hostility of average voters to extreme issue stances can pressure politicians to move toward the center, Stephanopoulos contended, “but this aligning impact of general elections can be reduced through tactics like gerrymandering, which make it unlikely that even large swings in public opinion will much alter the composition of the legislature.”In addition, in Stephanopoulos’s view, in a highly polarized era, the pressure to moderate in order to win general elections faces growing counter-pressure to take immoderate positions in order to win primaries:There’s little that could persuade many voters to ever support the other side. And while general elections might be aligning, they’re pitted against many misaligning forces: the views of activists and donors, the need to win the primary election to be re-elected, pressure from legislative leadership, politicians’ own often extreme ideologies, and so on. It’s no surprise that the misaligning forces are often stronger.Bruce Cain, a political scientist at Stanford, made the argument by email that “Given the clustering of communities along political, cultural, and social lines in the United States presently and the dispersion of powers in American federalism, we should expect our state and local laboratories to yield a wide dispersion of products, especially when they are given more freedom to experiment.”So why don’t all states converge on the national median, as revealed by the polls? Cain asked, and answered that “There are real public opinion differences across states and local communities, especially on hot button social issues.”Ultimately, Cain continued, “If elected officials and judges get too far out of alignment with voters, they will get the message in the form of surprising electoral outcomes, as recently occurred in Wisconsin. Democrats in the seventies and eighties experienced the same on busing, crime and welfare.”Of course, Cain cautioned, “my optimism about this assumes the Republicans do not give up on elections altogether, which is more in doubt than I ever anticipated a decade ago.”Other observers of American politics are more pessimistic. Theda Skocpol, a professor of political science and sociology at Harvard, contends that many of the developments in states controlled by Republicans are a result of careful, long-term planning by conservative strategists, particularly those in the Federalist Society, who are developing tools to build what she calls “minority authoritarianism” within the context of a nominally democratic system of government.Skocpol outlined her thinking in an email:The first-movers who figured out how to configure this new “laboratory of democratic constriction” were legal eagles in the Federalist Society and beyond, because the key structural dynamic in the current G.O.P. gallop toward minority authoritarianism is the mutual interlock between post-2010 Republican control, often supermajority control, of dozens of state legislatures and the Scotus decision in 2019 to allow even the most extreme and bizarre forms of partisan gerrymandering.These organized, richly resourced actors, she wrote,have figured out how to rig the current U.S. system of federalism and divided branches, given generational and geographic realities on the ground, and the in many ways fluky 2016 presidential election gave them what they needed to put the interlock in place. They are stoking and using the fears and resentments of about half or so of the G.O.P. popular base to undo American democracy and enhance their own power and privileges. They are doing it because they can, and they believe in what they are doing. They are America’s G.O.P. Leninists.Skocpol does not pull her punches:This situation, locked in place by a corruptly installed Supreme Court majority and by many rotten-borough judicial districts like the one in Amarillo, means that minority authoritarians, behind a bare facade of “constitutionalism,” can render majority-elected officials, including the president and many governors, officials in name only. The great thing from the minority authoritarian point of view is that those visible chief executives (and urban mayors and district attorneys) can still be blamed for government non-function and societal problems, but they cannot address them with even broadly supported measures (such as simple background checks for having military assault weapons).There are a number of factors that confirm Skocpol’s analysis.First and foremost, the Republican Party’s commitment to democratic values and procedures has been steadily eroding over the past two decades — and the momentum has accelerated. The brakes on extremism are failing, with Donald Trump gaining strength in his bid for renomination and the continuing shift to the right in states like Tennessee and Ohio.Second, in bright-red states, the embrace of far-right positions on such issues as abortion, guns, immigration and election denial is now a requirement rather than a choice for candidates seeking office. At the same time, in purple states like Arizona and Pennsylvania, a hard-right posture may be a liability in the general election, even as it is often mandatory in a primary contest.The 2024 presidential election, if it is close, will test the viability of a mainstay of Republicans’ current anti-democratic strategy: a drive to empower state legislatures to overturn election results. In August 2021, ABC News reported that eight states have enacted legislation shifting power over determining election results to legislatures or partisan boards: Arizona, Georgia, Texas, Florida, Arkansas, Kansas, Montana and Kentucky.The ability of state legislatures to determine the winners and losers of elections now hangs on the outcome of a pending Supreme Court case, Moore v. Harper, which will determine the constitutionality of a fringe legal theory promulgated by the right, the so-called independent state legislature doctrine.What’s at stake?In a 2021 essay, “Trump Is Planning a Much More Respectable Coup Next Time,” Richard Hasen, an election expert who is a law professor at U.C.L.A., wrote:A state legislature dominated by Republicans in a state won by Democrats could simply meet and declare that local administrators or courts have deviated from the legislature’s own rules, and therefore the legislature will take matters into its own hands and choose its own slate of electors.Put another way, according to Hasen:The Jan. 6 insurrection, and Trump’s actions trying to change the Electoral College votes in five states, was an attempted coup built on the Big Lie of voter fraud. But the potential coup next time will come in neatly filed legal briefs and arguments quoting Thomas Jefferson and wrapped in ancient precedents and purported constitutional textualism. It will be no less pernicious.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

    • 113 Shares189 Views

      in Elections

      A Week of Youthful Activism Sends Out Political Shockwaves

      by

      After Donald Trump’s indictment on Tuesday, progressives cemented two crucial victories in Wisconsin and Chicago, and, in Nashville, a firestorm erupted after the expulsion of two liberal lawmakers.A surge of youthful activism powered major liberal victories in Wisconsin and Chicago and a boisterous legislative uprising in Tennessee this week, as Republicans absorbed a string of damaging political blows, beginning with the arraignment of their leading presidential contender on criminal charges in Manhattan.The drumbeat of news seemed to batter the G.O.P.’s brand by the hour: Donald J. Trump became the first American president to be led into a courtroom to hear his indictment. Voters in Wisconsin handed Democrats a landslide victory and a one-seat majority on the state’s Supreme Court, with the fate of abortion and Wisconsin’s heavily gerrymandered political map at stake.And liberal activists helped one of their own rise to mayor of Chicago, defeating a more moderate Democrat who had the backing of Republicans in and around the nation’s third-largest city, and overcoming conservative-tinged arguments about crime and policing.A coda, or perhaps an own-goal, came on Thursday in red-state Tennessee, when the overwhelmingly Republican Legislature voted to expel two young, Black male representatives for their roles in leading youthful protests calling for gun control, after a mass shooting at a Christian school in Nashville, but narrowly allowed a white female lawmaker who had stood with them to remain.The three Tennessee state representatives who were subject to expulsion votes on Thursday, Mr. Pearson, Justin Jones and Gloria Johnson. Ms. Johnson was the only one not expelled.Jon Cherry for The New York TimesIn so doing, Tennessee Republicans achieved little besides catapulting the representatives, Justin Jones and Justin J. Pearson, as well as Gloria Johnson, onto the national stage: Both men could be reappointed to their seats by officials in their Nashville and Memphis districts as soon as next week, as they await special elections in which they are favored to win.“If my job, along with other members of the R.N.C., is to protect the brand of the Republican Party, this didn’t help,” said Oscar Brock, a Republican National Committeeman from Tennessee. “You’ve energized young voters against us. Worse than squandering support, you’ve made enemies where we didn’t need them.”To be sure, there were bright spots for Republicans: They won a special election giving them a supermajority in the Wisconsin Senate, which entails broad impeachment powers. And a Democrat’s switch to the G.O.P. in the North Carolina House of Representatives handed Republicans a two-chamber legislative supermajority in the only Southern state where abortion is broadly legal, granting Republicans in Raleigh the ability to override the vetoes of Gov. Roy Cooper, a Democrat.But in an odd-numbered year and a season when Americans are more taken with daffodils than with politics, the clamor of youthful activism and anger may have left the more lasting impression.“The right wing understands that time is not on their side,” said Representative Maxwell Frost, 26, a Florida Democrat who last year became the first member of Generation Z to be elected to the House. “What we saw in Chicago and Wisconsin, and what we saw in the backlash in Tennessee, is young people rising, and all of this played out in one week.”A “die-in” at the Tennessee State Capitol on Thursday. “It was a shameful day, but it will also wake people up, especially young people,” said Steve Cohen, a Tennessee congressman.Jon Cherry for The New York TimesFew Republicans defended the decision by their compatriots in Tennessee to try to silence elected Democrats by chucking them from the state house. Democrats, for their part, seized the moment.Representative Steve Cohen, the lone Democrat in Tennessee’s congressional delegation after the gerrymandering of district lines before last November’s election, recalled the one and only time he got any attention from the national press as a member of the State Legislature: with a vote against displaying the Ten Commandments. Even so, he said, it amounted to just a quote in Time magazine. Mr. Pearson and Mr. Jones became national celebrities over the course of 24 hours.“It was a shameful day, but it will also wake people up, especially young people,” Mr. Cohen said.Worrywarts in either party looking for ill omens could find plenty.Mr. Trump’s arraignment on felony charges that he falsified business records to hide hush money to a porn star in the final days of the 2016 election set off a bonanza of fund-raising for his campaign and rallied many Republicans around his third run for the presidency. And a spate of new polling pointed to Mr. Trump’s improving competitiveness against President Biden in 2024.Not even his rivals for the Republican nomination dared question the indictment’s underlying allegations that Mr. Trump engaged in extramarital dalliances with a pornographic film actress and a Playboy Playmate.“No matter how tawdry the charges and whether true or false, making a sexual encounter between two consenting adults the focal point of a criminal indictment or an impeachment strikes most Americans as an abuse of power and a distraction,” said Ralph Reed, a veteran political strategist and voice of Christian conservatives.Janet Protasiewicz at her election night party in Wisconsin after an easy victory for a Supreme Court seat.Jamie Kelter Davis for The New York TimesOne of the week’s through-lines was the awakening of the young, who are often neglected because, for all their activism, they often fail to vote. Young voters were not only crucial to the easy victory of Janet Protasiewicz, the liberal candidate for Wisconsin’s open Supreme Court seat, they also powered the liberal candidate for mayor of Chicago, Brandon Johnson, to an upset victory over the more moderate law-and-order candidate, Paul Vallas.And in the Tennessee State Capitol in Nashville, the chants of young protesters boomed through the hallways before, during and after the votes to oust the two state representatives, Mr. Jones, 27, and Mr. Pearson, 29.The drama in Nashville on Thursday was incendiary on multiple levels, a political cauldron of young versus old, Black versus white, a marginalized minority against an overwhelming majority — all playing out against the backdrop of gun violence in schools.Then there were the issues: guns and abortion.Addressing her party’s defeat in Wisconsin a day later on Fox News, Ronna McDaniel, the chairwoman of the Republican National Committee, conceded, “Where you’re losing by 10 points, there is a messaging issue. Abortion is still an issue, and we can’t allow the Democrats to define Republicans on it.”Her comments, however, elicited a storm of protest from anti-abortion voices in her party, which has showed no letup in its push for abortion curbs. Ron DeSantis, the governor of Florida and a potential rival of Mr. Trump’s for the presidential nomination, appears intent on signing a bill in Tallahassee to ban abortions after six weeks. Idaho’s Republican governor, Brad Little, signed legislation this week prohibiting minors from traveling outside the state for an abortion without parental consent.Still, Ms. McDaniel stood by her comments: “We can’t put our heads in the sand going into 2024,” she said on Fox News.Mr. Brock, the national committeeman from Tennessee, similarly warned his party on its response to gun violence after the shooting at the Covenant School in Nashville left six dead, including three children. Republicans, he said, can stay true to the Second Amendment’s right to bear arms and still respectfully listen to the arguments for more gun-safety regulation.“Even in Tennessee, we have swing districts in the State House and Senate,” he said, “and if you’ve angered tens of thousands of students and presumably their parents, you could theoretically expose yourself to a united front.” More