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    Interview: Lee Zeldin Talks to the New York Times Editorial Board

    Lee Zeldin is a Republican congressman who has represented eastern Long Island since 2015.This interview with Mr. Zeldin was conducted by the editorial board of The New York Times on Oct. 19.Read the board’s endorsement for the governor’s race in New York here.Kathleen Kingsbury: So, as has been reported in our paper and others, the day before the 2020 election was called for Joe Biden, you texted Mark Meadows offering ways to promote allegations of voting irregularities as a fund-raising tool.Can you talk us through why you did that? Now there have been dozens of courts that have found that there was no actual basis in fact to those allegations. Do you accept that there was no widespread voter fraud?So, two parts to that.Kathleen Kingsbury: Yes.First, as you pointed out, it was the very beginning of November. And the reason why I sent that message was because I was seeing all of the allegations being thrown out as one. There was a vetted, confirmed concern mixed with an unvetted, unconfirmed concern or allegation.And it was undermining the ability for people to understand everything that was getting thrown at them. Every allegation of wrongdoing on social media was being slapped as absolutely true the moment it was being tweeted out. It’s true. There are some people who claim that, for the first time in the history of our country, we had the first perfect election.And I was coming out of an election where, even in the 1st Congressional District of New York, we had hundreds of ballots that were thrown out because of the Republican and Democrat election and commissioner agreed that the signatures didn’t match. There are people in our race in 2020 who were arrested for trying to get absentee ballots for dead relatives. There’s a lot of different things that happened just in my own congressional district on the east end of Long Island.[In 2020, New York State and county officials in Long Island found that there was virtually no evidence of election fraud.]I thought that it was very important to separate what was true and not true, or what was confirmed and not confirmed, vetted, unvetted. And everything was getting thrown together. And I would say, even still to this day, a lot just kind of got thrown together.[Dozens of courts across the country found that there was virtually no fraud in the 2020 election.]And I’m glad that, in your question, you pointed out that this was before the race was even confirmed. I don’t even — I would have to go back and look to see who was even ahead at that moment. I don’t remember. I would have to go back and check that out. With communications —Jyoti Thottam: But now that the courts have found that there was no basis in fact for any of those allegations?[In the days after the 2020 election, The New York Times spoke with election officials in every state, who said that no irregularities affected the results: “Top election officials across the country said in interviews and statements that the process had been a remarkable success despite record turnout and the complications of a dangerous pandemic.”]Well, I don’t think they — so I don’t think that the conclusion is that this was, in fact, the first perfect election in the history of the country. My concerns, what I have stated on the record, what I said on the floor of the House of Representatives —Jyoti Thottam: What do you believe now?Well, let me answer. What I stated then is what I still say today. My concern has been about a constitutional question. You have nonstate legislative actors who were, in the name of the pandemic, changing how an election is administered. You can’t do that under the United States Constitution. It’s a constitutional question.There will be more elections that will come up. There will be more natural disasters. There will be hurricanes. There might be a health emergency. The way the United States Constitution provides this is that the state legislature sets the election, the administration of elections. What you can’t do is, if you’re a governor, you’re a Secretary of State, you’re an elections commissioner, you’re someone else, say that in the name of that hurricane that just hit a week ago, this is how I am going to change the election on my own.Jyoti Thottam: OK. So you’re talking about the Covid rules for elections.The elections changes that were made in the name of Covid. That’s how it went.Patrick Healy: But in terms of the results, do you accept that there was no widespread voter fraud in the 2020 election?Jyoti Thottam: Now. Do you accept that now?Well, as I pointed out, in my own congressional district, there were all sorts of issues.Patrick Healy: The widespread, national —Well, you can multi —Patrick Healy: — voter fraud.See, you can multiply what happened in my district times whatever. I’m one of 435 congressional districts. If you’re asking me to quantify exactly how much of that happened across the country, none of us at this table know.Patrick Healy: But there have been repeated court cases that people have brought to bear making allegations of voter fraud, and courts have found no evidence of widespread voter fraud there across the board. So that’s what we’re trying to understand, is your view now in alignment with the courts.Listen, I really appreciate you asking, and I know that it’s important, and it’s important to all of you. I don’t know how to quantify nationwide what happened. All I know from the most personal of experiences was what we went through in the 1st Congressional District in New York. At no point have I ever called, have you ever heard the word come out of my mouth, have I ever said that the election of Joe Biden is illegitimate.There’s a reason why I don’t say that. I love our country. OK? I’m in my 20th year in the Army. I had Reserve duty this past Saturday. I was wearing that uniform, which is a lot better than wearing this uniform. What I saw in the Capitol that day, on Jan. 6, I was on the floor of the House of Representatives, the moment that I learned what happened, I instantly condemned it.I put out a statement. I wanted them out of the Capitol. We have a House of Representatives. You elect people to represent you. You have an objection that you want to have debated, you do that through your representatives. There’s no room for violence inside of that Capitol. Breaking windows, stealing things, absolutely none of it was welcome. I didn’t want to see it in the past. I don’t want to ever see it in a future for any purpose, red, blue, left, right, and whatever the year.Patrick Healy: But in terms of responsibility, that night, you — it’s been reported you made an equivocal statement saying, this isn’t just about President Trump. This is also about the left and about activists. Who do you see as to blame for that event?[On the night of the Capitol riot, Mr. Zeldin appeared on Fox News and suggested that Democrats and “rogue state actors” were to blame for undermining election integrity.]Well, you’re referring to a statement that I was making referring to what was being debated on the floor of the House of Representatives, which is different than asking me to comment on someone breaking into the Capitol, breaking things and stealing things. My comment as far as violence and breaking things and stealing things has — from the very first moment that I learned of it — has always been condemning that.Now, every single time a Republican has won the presidency for the last few decades, on Jan. 6, people have stated objections. And that’s part of the constitutional process. If it’s Jan. 6 of 2025 and — well, listen, I was on the floor of the House of Representatives Jan. 6 of 2017. And there were debates that were had.There were objections being filed claiming that Russia decided this election, that it was because of Russian influence that Trump won. That was an objection that was filed. If on Jan. 6 of 2025, regardless of whether a Republican wins or a Democrat wins, if any member of Congress wants to stand on the floor of the United States Congress and submit an objection that they believe that Martians decided the November 2024 election, you can do that. That’s fine. Whatever —Kathleen Kingsbury: If you lose this race, will you concede?If I lose?Kathleen Kingsbury: Yes.Of course.Alex Kingsbury: Have you watched any of the Jan. 6 commission hearings?Very little.Alex Kingsbury: Very little? Do you think, given all that we know now, that what happened on Jan. 6 meets the definition of an insurrection?Well, legally? Well, as an attorney, no. If you were to get — if you were to look at an individual case with facts that — maybe you know more than I do — and there was evidence to meet the elements, then I might give you a different answer.As far as the event goes, the use of the word insurrection has been an evolution of the legal term into one that’s been perceived to be an insurrection. But if you’re asking me if it meets the legal definition of what an insurrection is, there’s a reason why the D.O.J. has not charged it.Kathleen Kingsbury: I want to move on to your role as, potentially, as governor. You’ve said that, if elected, you would declare a state of emergency and refuse to enforce criminal justice laws passed by the Legislature. How do you justify refusing to enforce the laws of the state that you want to lead?A few things. One is I come from a legislature. My Plan A is I want to work with anyone of any party. Georgetown University and the Lugar Center ranked — they have an annual bipartisan index. The last year that they ranked, I was 19 out of 435. Year before that, I was 12. We can debate. We can disagree. You all have strong opinions. You’re The New York Times editorial board. At the end of the day, there’s a job to try to find common ground however possible to move a state forward, a city forward, a country forward.My Plan A is I would love to be able to sit down with the New York State Legislature to try to figure this out. And this is not a Republican versus Democrat issue. The mayor of the City of New York says that judges should have discretion to weigh dangerousness. He wants to amend, raise the age, and he’s right. As far as a state of emergency goes, this isn’t anything that’s unprecedented. Right now there’s a gun violence state of emergency in the State of New York. It was declared by Andrew Cuomo. It was continued by Kathy Hochul.[Mr. Zeldin’s proposals to declare a state of emergency over crime and remove D.A. Alvin Bragg would almost certainly be challenged in the courts.]Governor after governor after governor have submitted these or declared these emergencies. Kathy Hochul declared a Covid emergency and utilized that power to suspend New York’s competitive bidding laws. And that’s a whole other question and a whole other conversation of what she did with that. I do not have the power to repeal a law by myself. But the way the law works — this is something that is a product of a process in the past, has given the governor the ability to suspend a law for 30 days.I want to bring the State Legislature to the table. Plan A is that they come to the table. Plan B is that I bring them to the table. And I would also add, with a very high level of confidence, that if you all did your own single issue survey right now of New Yorkers and you ask them what they think of what I’m saying that we need to do, you will find that the will of the people is that they want this to happen. What they want is Plan A, and what I say they want is Plan B.Jyoti Thottam: OK. So again, to the will of the people, you said that if elected governor, you would fire the Manhattan D.A., Alvin Bragg. How do you justify removing a public servant who’s been elected by the people of New York?The New York State Constitution. The New York State Constitution, we know in New York, we don’t have recall elections. But when they crafted the New York State Constitution, they specifically gave the governor the authority to remove a district attorney who refuses to enforce the law.[The New York State constitution gives the governor authority to initiate proceedings to remove some officials, with due process.]Alvin Bragg has chosen, from Day 1 that he’s been in office, to refuse all sorts of laws across the board and all sorts of other laws he wants to treat as lesser included offenses. He’s not doing his job. Now, will of the people, what I would do is go to the people of Manhattan, the mayor of the City of New York, the borough president. I’m not trying to make some power move where you’re replacing Alvin Bragg with some Republican or some conservative. This is Manhattan Borough.Jyoti Thottam: Why not let the people of Manhattan —100 percent. Yes.Jyoti Thottam: — another D.A. wins.They should. That would be —Jyoti Thottam: So isn’t it anti-democratic to just replace —I have a job to keep the people in New York safe as the governor of the State of New York. I would say, it’s not just a constitutional authority. It’s a constitutional duty. And it’s the first action the first day that I’m in office that I would do, would be telling Alvin Bragg that he’s being removed. He is refusing to do his job.I get an experience as a member of Congress or as just, you could say some average or random New Yorker or maybe as a candidate for governor, I spend a lot of time with the people of this state. I spent a lot of time in blue counties and red counties, Republicans, Democrats and independents. And if this editorial board took a field trip with me — by the way, this is total man on the street, man, woman on the street. We’ll see how it goes.But if we were talking to people out on the street right now, what is their top issue? What is most important to you? What do you want to — why does this race matter? Why does this moment matter? What do you want to see have happen? You’ll find that the issues that I talk about, the positions that I have, are more in tune to what the New Yorkers on the street are asking for. And if our field trip never made it outside, if we only spoke to your security guards on the first floor here, I would imagine that they passionately, passionately agree with me on these topics. And that’s without even talking to them about the topics.Eleanor Randolph: So your first day in office, you’re going to get rid of Alvin Bragg. Who are you going to replace him with? Do you know?I would be asking — there’s only one thing that’s absolutely necessary about who he gets replaced with. The person needs to do the job. Now, what I would do is go to the mayor of the City of New York, and this would start after the election. I would go to the mayor. I’ll go to the borough president. I’ll go to the local elected officials and community leaders. Give me names. The only thing that I care about is that they will do the job.Kathleen Kingsbury: And doing the job is bringing the crime rate down?Doing the job is enforcing the law. Enforcing the law, you work as a prosecutor. There’s a role working with a judge. There’s a role in working with defense counsel. If there’s a law on the books that you don’t agree with, you advocate to change the law. So the problem with Alvin Bragg, for example, is right now, there’s a debate over, how do you help the M.T.A.’s finances?I would offer that, if the M.T.A. was enforcing fare jumping, that there would be hundreds of millions of dollars more that the M.T.A. would have than they have right now. Now, the district attorney comes in and says, you know what? On Day 1, I’m just not going to enforce that fare jumping. And there’s all sorts of other crimes, by the way. We’ve seen the videos where that 16-year-old who gets released on a violent robbery then is trying to jump a fare. The officer tries stopping, and there’s a sense of entitlement now. You can’t.By the way, the sense of entitlement led to the fact that, when he got into the fight with the officer and he went in front of the judge, he asked whether or not he could press charges against the officer. And then he gets instantly released. So there’s all sorts of laws like this, where I believe that the D.A. wants to change a law. You don’t just say, across the board, I’m not going enforce it.What you do is you make your case to whoever set the law. Maybe it’s the New York City Council. Maybe it’s at the State Legislature, depends on the law. And you maybe can bring a few friends, other D. A.s who are like minded and others, and you advocate for that change. But what Alvin Bragg does is he comes in on Day 1 and he says, all across the board with all these different offenses, I’m just not even going to charge them. You don’t have that power. You do not have the right to do that.Mara Gay: Congressman, you’ve said that you would suspend New York’s no cash bail laws —Yes.Mara Gay: — in response to concerns about crime. There is no established and clear connection between bail reform and crime. So why do you believe that this will improve public safety?So two weeks ago today, Keaira Hudson just outside of the Buffalo area was with her three kids, fearing for her life. The day before, she had told everybody who would listen, you cannot release my husband from custody, Adam Bennefield.He was charged with a slew of domestic violence offenses, and the judge ended up releasing Adam Bennefield. And what’s been said is that the judge did not have the ability to keep Adam detained. Wednesday, the next day, two weeks ago today, Keaira Hudson was murdered in front of her three kids, and she was wearing a bulletproof vest.Now, just before that, someone named Scott Saracina was rearrested for another rape. He had been released for a prior rape, served a long prison sentence. He was out on parole. He was arrested this past February, released, rearrested in March, released. He was out on the street, and in August, he allegedly raped someone else.Jyoti Thottam: Those are terrible crimes. I think we all agree, but what Mara is talking about is an established connection between the overall rate of crime and that particular bail reform law.Yeah. I just answered. That is answering the question. That’s direct causality. But anyway —Mara Gay: I’m sorry —Here’s the other —Mara Gay: I’m sorry —Here’s the —Mara Gay: I just —Here’s the issue too is the way they do the law, and one of the issues with the law that — so Eric Adams says we need to overhaul cashless bail and give judges discretion to weigh dangerousness. Even if it’s a bail-eligible offense, the judge has to — is required by the law to — establish the least restrictive means to get that person to return to court. So you can’t weigh dangerousness, even if it is a bail-eligible offense.So the problem is it’s not — there’s a very simple view of, is it bail-eligible or is it not bail- eligible? And if it is bail-eligible, what the governor says is that the judge doesn’t know the law, that the D.A. doesn’t know the law, that the judge isn’t doing their job and they need some remedial training. And the judges out there are being — they’re pretty offended by what the governor is saying. The D.A. is out there being — they’re offended by what the governor is saying, because there is a job to set bail in the least restrictive means to get them to return to court. You’re not allowed to weigh dangerousness. So that’s the overhaul that we’ve been advocating for.Now, one other thing I would say about cashless bail, the argument in favor of cashless bail, that you commit a low-level offense, you have a clean record, you’re not a flight risk, you’re not a danger. The only reason why you would stay behind bars is because you cannot afford $100. Fantastic argument. That is the best argument you can make in favor of it, and everybody agrees.But if you’re two Mexican cartel drug smugglers busted in Inwood with $1.2 million worth of crystal meth and you don’t have enough money for bail, you’re a bad drug dealer. You’re a bad criminal. You’re a bad businessman.So there’s a need to overhaul cashless bail for — I can give a very long list of where the decisions are made. I’m just giving you two recent examples. Actually, those were three recent examples — of where if the law was overhauled, judges have discretion to weigh dangerousness, that you would have a different reality on the ground as far as who is getting released, who is put back out, and who’s being detained.Eleanor Randolph: Congressman, we only have a few more minutes here, and we wanted to talk to you about Roe v. Wade. It appeared that you had cheered the overturning of Roe v. Wade, and you’ve said it would be a “great idea” to appoint an anti-abortion health commissioner.You’ve said recently that you would not change abortion laws, and I think a majority of people in the state would agree with that. There’s strong protections for abortion rights. Will you commit now to, if elected, to preserve the state’s really strong protections for abortion rights?Yes.Mara Gay: You focused a lot on inflation —And I have, by the way. That’s not a new position. That’s —Eleanor Randolph: OK. What about the health commissioner? Sorry.So the heart of my statements — it’s on video — was —Eleanor Randolph: This is NY1?Well, NY1 pulled part — I’m talking about the actual video that NY1 pulled from — is that I made a comment about how it’d be great to have a health commissioner in New York who respects life. And I was taking a shot at what’s also been part of this campaign and what’s been part of this conversation. It’s connected to what was a — I believe that the health commissioner did not handle the nursing home order and the subsequent investigation correctly.It was a shot that I took with a group saying that it would be great for New York to have a health commissioner who respects life. Now, I want the best qualified person to serve as the health commissioner and all state agencies. I want somebody who is experienced, who is a good leader, who has good work ethic. They’re not going to be picking political favorites and it’s all based on connections to —Eleanor Randolph: Well, do you want a health commissioner who is anti-abortion?It’s not a litmus test for me.Mara Gay: All right. You focused on inflation, Congressman, before. In New York, housing is actually one of the biggest drivers of cost of living increases for New Yorkers. I don’t see that you’ve offered any plan, a comprehensive plan, to deal with those costs. Do you have a plan? Can you tell us about that?And by the way, just so you understand my last statement, when I say it’s not a litmus test, it’s not a litmus test that they have to be — their position on it doesn’t just qualify them or disqualify them. You have a law in New York. And if they are exceptionally well qualified, that’s what I’m asking them about.Mara Gay: I’d like you to answer my question please. Do you mind? Do you want me to ask it again?Yeah, sorry. I was —Mara Gay: It’s OK.I got — what’s the very end?Mara Gay: Sure. Do you have a housing plan? Since that’s actually the biggest cost of how cost of living increases for New Yorkers or among the biggest costs?Yeah, we need to build more affordable housing in New York. We have people who have capital they want to spend on the projects, and they’re deciding to spend it in other states. It takes too long to be able to build these projects. The math isn’t working out for people who are investing in these projects, where they’re choosing to invest the dollars elsewhere with a bigger return.There’s a need for more affordable housing inside of the five boroughs. There’s a need for more affordable housing outside of the five boroughs. Some view success with regard to tackling homelessness that you simply put somebody in a shelter. For me, I believe that success is being able to get somebody out of a shelter, where they’re living independently.Mara Gay: Do you have a plan to address this?Yeah. You need to — we need to build more —Mara Gay: How do you plan to do that as governor?Well, you have people who want to put their private capital in, but the government is making it — the government has put in restrictions that it takes just too long to build.Mara Gay: What kind of restrictions would you remove?Well, I believe let’s just — I mean, I can think of many examples. So one would be you want to do a project. You bring in an Article 78, and you just keep on stalling out a project indefinitely. I believe that if you’re bringing an Article 78 proceeding, that you should be required to post bond. Just giving you an example.Mara Gay: Go on.If you want to do a project in a local area, you’re applying for a zoning change, and the local town is requiring you to spend $5 million on some unrelated project nowhere near it in order to get the approval, you just got extorted by the town board. I have a problem with that.I believe that there are economic challenges that people face with regard to first-time home buyers, young families who want to have their first kid or can either have in the basement of mom and dad’s house or they can go buy their own home in Cary, North Carolina. First-time home buyer tax credits and access is something that needs to be enhanced.Mara Gay: Thank you.Eleanor Randolph: So you said that you were going to allow fracking. Where would that be? Where would you allow fracking? And —The people who — go ahead.Eleanor Randolph: And aren’t you worried about pollution, water pollution, methane pollution, other problems with fracking?Everyone wants access to clean air and clean water, regardless of whether you’re Republican, Democrat, Independent. I represent a congressional district almost completely surrounded by water. I have a record —Eleanor Randolph: I understand.From the Long Island Sound, the Plum Island to National Estuary, and far more.Eleanor Randolph: But they’re not going to have fracking.The area that is begging for it is the Southern Tier of New York. And they want the state to reverse the ban on the safe extraction of natural gas. That is their ask. And they look across their border into Pennsylvania, and they see that those towns on the other side of the border have been able to tap into it. And this isn’t a Republican versus Democrat issue.This has resulted in economic development, jobs, increased revenue, lower energy costs. But yeah, no, Broome County, go visit Binghamton. Go through the Southern Tier. They’re desperate for it. And by the way, on the other side of the border, they’re tapping into the same resource of the same shales. And what was claimed up in Albany in order to get that ban put in place is not actually happening like they were claiming.No, it’s not that, on the other side of the border, everyone’s turning on their water faucets and just fires coming out. So now you have research, data, science, of all of these other states tapping into the same resource of the same shales. Now you’re better informed. I don’t believe that we should be the state that is not allowing us to tap into that at all. Now, by the way, the same person who would say, well, you might lean left ideologically, maybe a strong fan of, a passionate fan of President Biden. OK, so we cut off Russian oil imports. What’s the next move?Do we go to Iran and Venezuela and Saudi Arabia to ramp up their production? Because I guarantee you what we would be doing in the Southern Tier of New York is safer than what we are running off to to get them to rely on us. While we’re here today, we’re tapping, once again, into our oil reserves.So I understand the goal. We want to be leaders with climate change. We care about our environment. That’s something that is very important. I’m a member of the Bipartisan Climate Solutions Caucus. I am all for having a conversation with anyone. I’m an all-of-the-above energy guy. I’ve helped lead the fight to get ARPA-E funding for Brookhaven National Lab.If Anne’s Pancakes on the Southern Tier wants to have access to gas because, when their electric goes out, they’re still able to make their pancakes, I am all in favor of Anne’s Pancakes doing that. If someone else wants to put solar panels on their home, God bless them. If they have a farm and they want to put up a windmill, go for it. But the idea that people who favor wind and solar are saying that Anne’s Pancakes can’t hook up into gas, I have a problem.Alex Kingsbury: I’d like to ask you about guns. You said that you’re in favor of repealing the SAFE Act, you’re against red flag laws and for concealed carry. I want to know where you draw the line. Would you like to see open carry? Would you like to see the AR-15s in Times Square? Where — in a state that is very pro-gun control — where do you personally go?So for example, you said red flag laws. The person who shot up Tops supermarket in Buffalo should have not had access to any firearm. The red flag was clear as day. The person shouldn’t have access to any weapon at all. He threatened to shoot up a school. The system needs to work that whoever becomes aware of that input is part of the process of making sure that law enforcement at every level, federal, state, local, local school district if they’re the ones coming in contact with the threat.That person should have not had access to any weapon. Now, two changes that can also be made at the same time to make sure you’re implementing a red flag law correctly is that, if you want to try to remove somebody else’s firearm, I believe that they have a right to be represented and that hearing has a place. And that when the appeal is done, that the burden should be clear and convincing evidence, which is a very high legal bar to be met, in order to prove that you’re worthy of getting it back when you weren’t even represented in the original proceeding.Secondly, is if someone is making up a fictitious claim just to try to get back at somebody, there’s no consequences in New York, and there should be. So what I have stated as it relates to red flag laws has been consistent with everything that I just told you. Now, New York’s concealed carry law that was recently enacted is going to be overturned by the federal courts. It was — everyone woke up on a Friday morning. It was the week after the Bruen decision. There was no bill. By that afternoon, there was a bill signing.Now, people who are politicians here in New York City, they’re used to having 1,700 amazing parks all throughout the city. You have a small little park on your street corner. Well, there’s this place called the Adirondack, and it’s a whole bunch of different counties and different regions. Now, you all know this. But there are state legislators who wrote their bill and included that. Now, they said, well no, it doesn’t include that. Well, that’s the problem with rushing a bill.I happen to believe that the best way to do a bill is not just talking to the people who you’re relying on to get their vote but also talking to other people who you’ll never get their vote. Because if you ask them, why do you oppose a bill, they’ll give you a good reason. So with the SAFE Act, for example, if I wanted to, if I was a gun manufacturer, I can create a SAFE Act compliant rifle that includes a whole bunch of features where, under the SAFE act, if you have a single one of those features, it’s illegal. Because it makes it look scary.So you take a rifle, and you add a single feature to it, a pistol grip, a thumb grip, a flash suppressor, a muzzle compressor, a collapsible butt stock. You add a single feature, and you say, OK, now it’s an assault rifle. But there are other firearms that are more lethal, but they don’t look as scary. And I can manufacture for you a firearm that includes a whole bunch of the features I just told you, and it’s perfectly legal the way that they wrote it. And that’s not the only piece of this effect. There are other problems with it as well.The new concealed carry law tramples all over First Amendment rights to trample all over Second Amendment rights. It might actually end up getting overturned first on just having to provide your social media accounts to prove to the government your good moral character or whatever they very vaguely defined it. They didn’t even say what they meant. They wrote the law without even saying what you have to prove to the government. So what? One county to the next is who’s a good person and who’s a bad person?So there was a problem with how they drafted the new law. They went even further than the past law, and it’s going to get overturned by the courts. And can I — one other thing too is there’s two different things between the law-abiding gun owner who wants to safely and securely carry a firearm solely for self-defense. And there are people with illegal firearms committing crime after crime after crime, and the system still has them on the street. So when Governor Hochul, a few day — a few weeks ago, she put out her tweet. She says that she demands that American Express and Mastercard and Visa flag every attempted purchase as a suspicious purchase.[An approved state measure would standardize credit or debit card transactions for gun stores and help credit card companies to flag suspicious activity.]I just had — two Sundays ago, I had a gang-related drive by on my front yard with my two girls at home. And I don’t know who the shooters were. I don’t know what the firearm was that they used. I don’t know what their motive is, but I guarantee you that however that person or persons acquired that firearm, it did not start with a swipe of the American Express card. The way that we approach this entire conversation should be one not going after, because too often, we just end up drafting a policy that goes after the law-abiding gun owner. We should be drafting policies going after the criminal committing crime after crime after crime, and they’re still out on the street.Alex Kingsbury: But actually, the reason New York has such a low gun death rate is because it has strict gun laws compared to states that don’t, both suicides and homicides. Relax the gun laws, you get more gun deaths. Are you content with that?When was the last time that a concealed carry holder committed any one of the offenses in New York?Mara Gay: Donald Trump endorsed you. Talk to us about your path to victory in a state that he lost by over 20 percentage points.I’m here today out of respect to all of you. OK? Listen, the editorial —If I was doing this based off of maybe like the last time you guys issued an endorsement and I got my feelings hurt, I wouldn’t have walked in the front door. And it is out of respect to you, and you can ask whatever questions you want. I’m happy to answer them. But the reason why we’re going to win this race is because outside on the street, when you go take that field trip and you ask people, what is your top issue? What are your top issues? What are you looking for in the race?I’m sitting here talking about rising crime and rising costs, and Kathy Hochul is talking about Donald Trump. So that’s — as far as a path to the victory, we are right on the issues that New Yorkers are saying are most important to them. We started 18 months ago. In my first six months, I campaigned at least twice in every county in the entire state. And we just continued campaigning hard, all across the state, to meet as many people as we can.But the reason why we’re going to win the race is because the people who are actually on the street right now feel like we need to save the state, and they want to restore balance to Albany. And they also realize, with some of the policies that we’re discussing, that there’s going to be a balance of power up in Albany, that we’re not — this isn’t an election of whether or not we’re going to go from one-party Democrat rule to one-party Republican rule. It’s not on the table, and the average person knows that.Mara Gay: It’s long been the case, unfortunately, that Black communities disproportionately suffer from violent crime. Given that and given your campaign is so focused on it, how do you expect to do with Black voters?We introduced our pathways plan. Some of the topics we talked about here today have been part of our campaign throughout, whether it’s upward economic mobility. We haven’t even spoken about the quality of education in our schools. I support lifting the cap on charter schools. I support school choice. I believe that we have kids trapped in multigenerational poverty.We spend two and a half times as much on kids — on education per pupil than you see in places, not just Florida, Mississippi, these other places where the kids who are Black, Hispanic, low income are actually performing at a higher level on the same exact tests than our kids here, even though we spend two and a half times as much. I think education is very important to the Black community. I believe in upward economic mobility. We’re talking housing.Crime is part of it, and there’s more to that. So all of this is part of it, but it’s important to show up. So when I was elected to the Third Senate District in 2010, I had Brentwood, Central, Islip and North Bellport. People would tell me, don’t go to those areas. They’ll never vote for you. And they’re right, but I still went there anyway, because it’s my job. What I find in going to areas where the Black community is most densely populated is that they’re getting ignored by everybody.Mara Gay: Why do you think more of them aren’t supporting you since you’re so focused on crime? And that’s something that disproportionately affects them.I haven’t gotten to everybody.Mara Gay: You haven’t asked every Black voter?Oh, I mean, generally, I’m asking every voter in the State of New York of every walk of life and every single background. I’m asking everyone to be supportive of my candidacy, but I’m talking about one on one. That’s why I was there for Harlem Week. I’ll be there for the African American Day.I met with community leaders multiple times in different community restaurants. I’ve been there for press conferences, whether it’s targeting Jose Alba nearby at his bodega. I remember having one of the primary debates that had took place on Juneteenth, and they asked a question somewhat similar to your question. It was a little bit different. I said, actually, I just came here from lunch in Harlem.I might spend four years going into Harlem over and over and over and over again. And I might increase my vote share by almost nothing. And I’ll still be proud that I did that, because it’s my job. At the end of the day, people can vote for whoever the heck they want. My message is this, though, to everybody, including right, left, whatever your background is: Don’t let anybody take your vote for granted.Kathleen Kingsbury: I think we should end there.Eleanor Randolph: Wow.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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    The 2022 Midterms: Is Wisconsin the Future of America?

    Listen and follow ‘The Run-Up’Apple Podcasts | Spotify | Stitcher | Amazon MusicOn today’s episode: How a 12-year project to lock in political power in Wisconsin could culminate in this year’s midterms — and provide a glimpse into where the rest of the country is headed.ilbusca/ Getty ImagesOn today’s episodeReid J. Epstein, who covers campaigns and elections for The New York Times. He previously worked as a political reporter in Wisconsin.Background reading“Republicans have such control of the levers of power in Wisconsin that voters are almost immaterial,” Reid J. Epstein wrote in the On Politics newsletter. “It is the most gerrymandered state legislature in the country.”In April, the conservative majority on the Wisconsin Supreme Court voted to adopt new state legislative maps. The maps were partisan gerrymanders that had been drawn in secret after the 2010 elections, when Republicans took control from Democrats in both houses of the Legislature.Maps in four other states were ruled illegal gerrymanders, but they’re being used anyway. Here’s why.Credits“The Run-Up” is hosted by More

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    A Democratic Group Pours $20 Million Into State Legislative Races

    With the battle for state legislatures taking on an elevated importance during this midterm cycle, a Democratic super PAC is investing more than $20 million in state legislative races, with about 70 percent of the funds going to support candidates in 25 districts across Michigan, Pennsylvania and Arizona.The investment is from Forward Majority, the super PAC, as Democrats across the country are pouring significant resources into state legislative races. Last month, the States Project, another Democratic super PAC, pledged to spend $60 million in legislative races in five states. And Tech + Campaigns, another Democratic group, has pledged to spend $8 million on such races.State legislatures have long been dominated by Republicans, who have excelled at motivating their voters to engage beyond federal races. The party made a concerted effort to win state legislatures ahead of the 2010 redistricting cycle and then proceeded to draw gerrymandered legislative maps to help shore up their control. As a result, Republicans have complete control of 29 state legislatures.But with the Supreme Court set to rule in a case that could give state legislatures nearly unchecked authority over federal elections, Democratic groups have been aggressively playing catch-up, reaching parity with Republicans in television ad spending this year.Forward Majority, however, is focusing more of its spending on the detailed aspects of campaigning, like voter registration and a tactic known as “boosted news,” or the practice of paying to promote news articles on social media newsfeeds.The group has been targeting suburban and exurban districts that are split 50-50 between Republicans and Democrats with a push to register new Democrats, who may be voters who have moved or who haven’t been engaged in a while, and encourage them to vote on the whole ballot instead of just the top of the ticket.“Even as we see Joe Biden, Mark Kelly, Gretchen Whitmer win at the top of the ticket, we are still losing those races down-ballot,” said Vicky Hausman, a co-founder of Forward Majority. “So we have been obsessed with finding ways to add additional margin and add additional votes in these races.”Republicans have noticed the increased investments of Democrats in state legislative races and have sounded the alarm to donors.“We don’t have the luxury of relying on reinforcements to come save us,” Dee Duncan, the president of the Republican State Leadership Committee, wrote to donors last month. “We are the calvary.”The path for Democrats in Michigan, Arizona and Pennsylvania is narrow, but Ms. Hausman pointed to the thin margins in recent state legislative battles as an encouraging sign.“The Virginia House was decided by about 600 votes in 2021,” she said. “The Arizona House came down to about 3,000 votes in two districts in 2020. So it is going to be a dogfight.” More

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    This Is What Happens When Election Deniers Let Their Freak Flag Fly

    Here’s a prediction: If Donald Trump is on the ballot in 2024, there is little reason to think that the United States will have a smooth and uncomplicated presidential election.Just the opposite, of course. Republican candidates for governor and secretary of state who are aligned with Trump have promised, repeatedly and in public, to subvert any election result that doesn’t favor the former president if he runs again.On Saturday, for example, the Republican nominee for secretary of state in Nevada, Jim Marchant, told a crowd at a rally for Trump and the statewide Republican ticket that his victory — Marchant’s victory, that is — would help put Trump back into the White House.“President Trump and I lost an election in 2020 because of a rigged election,” Marchant said, with Trump by his side. “I’ve been working since Nov. 4, 2020, to expose what happened. And what I found out is horrifying. And when I’m secretary of state of Nevada, we’re going to fix it. And when my coalition of secretary of state candidates around the country get elected, we’re going to fix the whole country and President Trump is going to be president again in 2024.”This is very different from a de rigueur promise to help a candidate win votes. Marchant, a former state assemblyman, believes (or at least says he believes) that Joe Biden and the Democratic Party stole the 2020 presidential election away from Trump, whom he regards as the rightful and legitimate president.He said as much last year, in an interview with Eddie Floyd, a Nevada radio host with a taste for electoral conspiracy theories: “The 2020 election was a totally rigged election. Whenever I speak, I ask everybody in the audience, I says, ‘Is there anybody here that really believes Joe Biden was legitimately elected?’ And everywhere I go, not one hand goes up. Nobody believes that he was legitimately elected.”Marchant, as he noted in his rally speech, leads a coalition of 2020 election-denying America First candidates for governor and secretary of state. It’s a who’s who of MAGA Republicans, including Kari Lake and Mark Finchem of Arizona, Doug Mastriano of Pennsylvania and Kristina Karamo of Michigan.If elected, any one of these candidates could, at a minimum, create chaos in vote casting and vote counting and the certification of election results. Marchant, for example, has said that he wants to eliminate same-day voting, mail-in voting and ballot drop boxes. He also wants to dump machine ballot tabulation and move to hand counts, which are time-consuming, expensive and much less accurate.That’s the point, of course. The problem for election-denying candidates is that ordinarily the process is too straightforward and the results are too clear. Confusion sows doubt, and doubt gives these Republicans the pretext they need to claim fraud and seize control of the allocation of electoral votes.Congress could circumvent much of this with its revised Electoral Count Act, which appears to have a filibuster-proof majority in the Senate. But if the act passes, the danger does not end there. Even if Congress closes the loopholes in the certification of electoral votes, the right-wing majority on the Supreme Court could still give state legislatures free rein to run roughshod over the popular will.This is not theoretical. In Moore v. Harper, which will be heard later this term, the court will weigh in on the “independent state legislature” theory, a once-rejected claim that was reintroduced to conservative legal thinking in a concurring opinion in Bush v. Gore by Chief Justice William Rehnquist. It was later embraced by the conservative legal movement in the wake of the 2020 presidential election, when lawyers for Donald Trump seized on the theory as a pretext for invalidating ballots in swing states where courts and election officials used their legal authority to expand ballot access without direct legislative approval. Under the independent state legislature theory, the Constitution gives state legislatures exclusive and plenary power to change state election law, unbound by state constitutions and state courts.This, as I’ve discussed in a previous column, is nonsense. It rests on a selective interpretation of a single word in a single clause, divorced from the structure of the Constitution as well as the context of its creation, namely the effort by national elites to strengthen federal authority and limit the influence of the states.Why, in other words, would the framers and ratifiers of the Constitution essentially reinscribe the fundamental assumption of the Articles of Confederation — the exclusive sovereignty of the states — in a document designed to supersede them? As J. Michael Luttig, a legal scholar and former judge on the U.S. Court of Appeals for the Fourth Circuit (appointed by George H.W. Bush), wrote in a recent essay for The Atlantic, “There is literally no support in the Constitution, the pre-ratification debates, or the history from the time of our nation’s founding or the Constitution’s framing for a theory of an independent state legislature that would foreclose state judicial review of state legislatures’ redistricting decisions.”But the total lack of support for the independent state legislature theory in American history or constitutional law may not stop the Supreme Court from affirming it in the Constitution, if the conservative majority believes it might give the Republican Party a decisive advantage in future election contests. And it would. Under the strongest forms of the independent state legislature theory, state lawmakers could allocate electoral votes against the will of the voters if they concluded that the election was somehow tainted or illegitimate.Which brings us back to the election deniers running in Arizona, Nevada, Michigan, Pennsylvania and elsewhere. Victory for the election deniers in any state would, in combination with any version of the independent state legislature theory, put the United States on the glide path to an acutely felt constitutional crisis. We may face a situation where the voters of Nevada or Wisconsin want Joe Biden (or another Democrat) for president, but state officials and lawmakers want Trump, and have the power to make it so.One of the more ominous developments of the past few years is the way that conservatives have rejected the language of American democracy, saying instead that the United States is a “republic and not a democracy,” in a direct lift from Robert Welch, founder of the John Birch Society, who made the phrase a rallying cry against social and political equality. This rests on a distinction between the words “democracy” and “republic” that doesn’t really exist in practice. “During the eighteenth century,” the political scientist Robert Dahl once observed, “the terms ‘democracy’ and ‘republic’ were used interchangeably in both common and philosophical usage.”But there is a school of political thought called republicanism, which rests on principles of non-domination and popular sovereignty, and it was a major influence on the American revolutionaries, including the framers of the Constitution. “The fundamental maxim of republican government,” Alexander Hamilton wrote in Federalist 22, “requires that the sense of the majority should prevail.” Likewise, James Madison wrote at the end of his life that the “vital principle” of “republican government” is the “lex majoris partis — the will of the majority.”Election deniers, and much of the Republican Party at this point in time, reject democracy and the equality it implies. But what’s key is that they also reject republicanism and the fundamental principle of popular government. Put simply, they see Donald Trump as their sovereign as much as their president, and they hope to make him a kind of king.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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    How the Supreme Court’s State Legislature Case Could Change Elections

    EASTPOINTE, Mich. — The conversation started with potholes.Veronica Klinefelt, a Democratic candidate for State Senate in suburban Detroit, was out knocking on doors as she tries to win a seat her party sees as critical for taking back the chamber. “I am tired of seeing cuts in aging communities like ours,” she told one voter, gesturing to a cul-de-sac pocked with cracks and crevasses. “We need to reinvest here.”What went largely unspoken, however, was how this obscure local race has significant implications for the future of American democracy.The struggle for the Michigan Senate, as well as clashes for control of several other narrowly divided chambers in battleground states, have taken on outsize importance at a time when state legislatures are ever more powerful. With Congress often deadlocked and conservatives dominating the Supreme Court, state governments increasingly steer the direction of voting laws, abortion access, gun policy, public health, education and other issues dominating the lives of Americans.The Supreme Court could soon add federal elections to that list.The justices are expected to decide whether to grant nearly unfettered authority over such elections to state legislatures — a legal argument known as the independent state legislature theory. If the court does so, many Democrats believe, state legislatures could have a pathway to overrule the popular vote in presidential elections by refusing to certify the results and instead sending their own slates of electors.While that might seem like a doomsday scenario, 44 percent of Republicans in crucial swing-state legislatures used the power of their office to discredit or try to overturn the results of the 2020 presidential election, according to a New York Times analysis. More like-minded G.O.P. candidates on the ballot could soon join them in office.Republicans have complete control over legislatures in states that have a total of 307 electoral votes — 37 more than needed to win a presidential election. They hold majorities in several battleground states, meaning that if the Supreme Court endorsed the legal theory, a close presidential election could be overturned if just a few states assigned alternate slates of electors.Democrats’ chances of bringing Republicans’ total below 270 are narrow: They would need to flip the Michigan Senate or the Arizona Senate, and then one chamber in both Pennsylvania and New Hampshire in 2024, in addition to defending the chambers the party currently controls.Democrats and Republicans have set their sights on half a dozen states where state legislatures — or at least a single chamber — could flip in November. Democrats hope to wrest back one of the chambers in Michigan and the Arizona Senate, and flip the Minnesota Senate. Republicans aim to win back the Minnesota House of Representatives and take control of one chamber, or both, in the Maine, Colorado and Nevada legislatures. They are also targeting Oregon and Washington.An avalanche of money has flowed into these races. The Republican State Leadership Committee, the party’s campaign arm for state legislative races, has regularly set new fund-raising records, raising $71 million this cycle. The group’s Democratic counterpart has also broken fund-raising records, raising $45 million. Outside groups have spent heavily, too: The States Project, a Democratic super PAC, has pledged to invest nearly $60 million in five states.At a candidate forum on Wednesday in Midland, Mich., Kristen McDonald Rivet, a Democrat, and Annette Glenn, a Republican, faced off in their highly competitive State Senate race.Emily Elconin for The New York TimesThe television airwaves, rarely a place where state legislative candidates go to war, have been flooded with advertising on the races. More than $100 million has been spent nationwide since July, an increase of $20 million over the same period in 2020, according to AdImpact, a media tracking firm.The State of the 2022 Midterm ElectionsWith the primaries over, both parties are shifting their focus to the general election on Nov. 8.The Final Stretch: With less than one month until Election Day, Republicans remain favored to take over the House, but momentum in the pitched battle for the Senate has seesawed back and forth.Herschel Walker: A woman who said that the G.O.P. Senate nominee in Georgia paid for her abortion in 2009 told The Times that he urged her to terminate a second pregnancy two years later. She chose to have their son instead.Will the Walker Allegations Matter?: The scandal could be decisive largely because of the circumstances in Georgia, writes Nate Cohn, The Times’s chief political analyst.Pennsylvania Senate Race: John Fetterman, the Democratic nominee, says he can win over working-class voters in deep-red counties. But as polls tighten in the contest, that theory is under strain.Democrats are finding, however, that motivating voters on an issue as esoteric as the independent state legislature theory is not an easy task.“Voters care a whole lot about a functioning democracy,” said Daniel Squadron, a Democratic former state senator from New York and a founder of the States Project. But, he said, the independent state legislature “threat still feels as though it’s on the horizon, even though it’s upon us.”For some Republicans, the issue of the independent state legislature theory is far from the campaign trail, and far from their concerns.“If it’s a decision by the Supreme Court, based on their legal opinion, I would defer to their legal expertise,” said Michael D. MacDonald, the Republican state senator running against Ms. Klinefelt. “I certainly respect the court’s opinion when they make it. I think it’s important that we do.”Instead, Republicans are focusing on economic topics like inflation.“The economy remains the issue that voters are most concerned about in their daily lives, and is the issue that will decide the battle for state legislatures in November,” said Andrew Romeo, the communications director for the Republican State Leadership Committee. The group’s internal polling shows that inflation and the cost of living are the No. 1 priority in every state surveyed.The issues defining each election vary widely by district. Some of them, like roads, school funding and water, are hyperlocal — subjects that rarely drive a congressional or statewide race.In the Detroit suburbs, Mr. MacDonald said he had heard the same concerns.“When they have something to say, it’s never ‘Joe Biden’ or ‘Donald Trump,’ it’s, ‘Hey, you know, actually my road, it’s a little bumpy, what can you do?’” Mr. MacDonald said. He added, “Sometimes it could be as small as, ‘Can they get a garbage can from our garbage contractor?’”His pitch to voters, in turn, focuses on money that Macomb County, which makes up a large part of the district, has received from the state budget since he was elected four years ago. More

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    On the Ballot This Year: The Ballot Itself

    Republicans are trying to limit the use of citizen-initiated legislation in some states after years of progressive victories.Ballot measures, a tool many states adopted during the Progressive Era to allow voters to pass their own laws, don’t always get much news coverage — but they can often surprise us.This year, there are hotly contested ballot measures on abortion, marijuana legalization and Medicaid expansion, among other topics.But at the same time, there are efforts in many states to make it harder to pass ballot measures.Depending on whom you ask, these proposals are either a frontal attack on democracy or a necessary move to counteract attempts by national liberal groups to hijack state politics.Either way, state legislatures have made hundreds of attempts to limit or restrict the use of ballot measures over the last five years, according to forthcoming research by Emma Olson Sharkey, a lawyer with the Elias Law Group.In some cases, legislatures have tinkered with the rules for how many signatures are required, or the necessary qualifications for those doing the canvassing.But this year, legislatures in several states have put proposals to make passing ballot measures more difficult on the ballot itself.Take Arkansas, where there is a ballot measure this year to restrict ballot measures, called Issue 2. If a simple majority votes yes, in the future it will take 60 percent of voters to adopt constitutional amendments or laws initiated by citizens.The measure was sponsored by two Republican lawmakers, State Representative David Ray and State Senator Bart Hester. Ray, in a television discussion of the proposal, described the higher threshold as necessary “to ensure that there’s a genuine consensus among voters.” The Arkansas Constitution, he said, should not be amended in “willy-nilly fashion” by “big-money, out-of-state interests.”There is some sleight of hand there, opponents say. Issue 2 would effectively grant a veto on ballot measures to 40 percent of the public, while the Republican-led General Assembly could still pass laws by a bare majority.Most states require a simple “50 percent plus one” majority to pass a ballot measure. Only three states have supermajority requirements similar to what’s on the table in Arkansas — Florida, Washington and Oregon, in some circumstances.The State of the 2022 Midterm ElectionsWith the primaries over, both parties are shifting their focus to the general election on Nov. 8.Standing by Herschel Walker: After a report that the G.O.P. Senate candidate in Georgia paid for a girlfriend’s abortion in 2009, Republicans rallied behind him, fearing that a break with the former football star could hurt the party’s chances to take the Senate.Wisconsin Senate Race: Mandela Barnes, the Democratic candidate, is wobbling in his contest against Senator Ron Johnson, the Republican incumbent, as an onslaught of G.O.P. attack ads takes a toll.G.O.P. Senate Gains: After signs emerged that Republicans were making gains in the race for the Senate, the polling shift is now clear, writes Nate Cohn, The Times’s chief political analyst.Democrats’ Closing Argument: Buoyed by polls that show the end of Roe v. Wade has moved independent voters their way, vulnerable House Democrats have reoriented their campaigns around abortion rights in the final weeks before the election.In Arizona, there are three proposed restrictions to ballot measures on this year’s ballot: Proposition 128, which would allow the Legislature to amend or repeal ballot measures even after they are approved if a judge rules that provisions within them are unconstitutional; Proposition 129, which would limit citizen-initiated ballot measures to a single topic; and Proposition 132, which would require any ballot initiative that would raise taxes to pass by 60 percent.As in Arkansas, the supporters of these ballot measures say they are necessary to rein in abuses of the process. Critics say they are intended to lock in the power of a Legislature that was gerrymandered to favor Republicans despite an independent redistricting commission’s best efforts to make the maps fairer.Liberal groups have found ballot measures to be a powerful, if expensive, tool to promote their policies — even in red states. They say their successes in raising the minimum wage and expanding health care coverage via what they call “direct democracy” have caused Republicans to push back by changing the rules. In Maine, Idaho, Missouri, Nebraska, Oklahoma and Utah, voters have expanded access to Medicaid via ballot measure, going over the heads of the states’ legislatures.In South Dakota, voters this year decisively defeated Republicans’ push to pass a constitutional amendment requiring most voter-initiated referendums to pass with 60 percent of the vote, rather than by a simple majority. More than two-thirds of voters rejected the measure.Most, but not all, of the legislatures trying to limit the use of ballot measures are Republican-held. Democratic-run Colorado raised the requirement for passing constitutional amendments to 55 percent in 2016, for instance.Kelly Hall, the executive director of the Fairness Project, a progressive group that focuses on winning ballot measures, hailed the results of the recent referendum in Kansas, where voters rejected a proposal to add a ban on abortion to the state’s Constitution.“Many of us had a delightful wake-up call on the power of ballot measures in early August with the vote in Kansas,” Hall said. “But it has also sparked a backlash,” she added, and “a lot of opposition spending.”In Arkansas, reaching a 60 percent threshold might be difficult on highly polarized issues, but it would probably not be insurmountable.From 2000 to 2020, Arkansas voters approved 32 ballot measures out of 44 total. Only 18 of the 32 would have passed under the proposed 60 percent threshold.While progressives in Arkansas have notched some victories, there is no clear pattern.In 2020, voters barred state legislators from serving for more than 12 consecutive years in office. State judges removed two other proposals from the ballot on technicalities: a proposal to create an independent redistricting commission, and the introduction of a ranked-choice voting system similar to Alaska’s. In 2018, Arkansas voters passed a measure to require photo identification to vote; they also increased the state’s minimum wage to $11 per hour. And in a 2016 ballot measure, they legalized medical marijuana.The California modelFor the skeptical, California offers a cautionary tale. Critics of the state’s penchant for direct democracy say it has led to higher taxes and a not-in-my-backyard mind-set, exacerbating a housing crisis and driving away businesses.This year, one of the most expensive races in the country is not for any political office, but a battle over two ballot measures in California regarding gambling on sports.Proposition 26 would allow tribal casinos and the state’s racetracks to host sports betting. Proposition 27 would allow Native American tribes and licensed gambling companies to host sports betting outside tribal lands.An estimated $440 million has been spent on lobbying campaigns and ads so far on the two propositions, with little transparency on who is funding what — exactly the kind of spectacle many states are trying to avoid.“These are hard calls,” Hall said, defending her group’s use of ballot measures as necessary to circumvent gerrymandered and sclerotic legislatures. “These are expensive. And California’s an example of where maybe it’s gone too far.”What to read on democracyRepublicans are keeping tabs on the political affiliations of poll workers in swing states, and claiming unfairness when there are more Democrats than Republicans, The Washington Post reports.Former President Donald Trump called this week for a return to paper ballots.The Center for Public Integrity examined which states make it the most difficult for people to vote, and which ones make it easier.An Iowa man has been arrested on suspicion of making threats toward an elections supervisor in Maricopa County, Ariz.Representative Liz Cheney urged Arizonans to vote against Kari Lake for governor and Mark Finchem for secretary of state, warning that they are threats to democracy.In Green Bay, Wis., conspiracy theories about the 2020 election abound, changing the tenor of municipal races and yielding a robust pool of partisan poll observers.viewfinderSupporters of Mandela Barnes watching him speak at an event on Monday at a brewery in Racine, Wis.Haiyun Jiang/The New York TimesAn abortion rights pitchOn Politics regularly features work by Times photographers. Here’s what Haiyun Jiang told us about capturing the image above:The lighting was tricky, I realized when I walked into a little brewery where Mandela Barnes, the Democratic nominee for Senate in Wisconsin, was holding a “Ron Against Roe” event targeting his opponent, Senator Ron Johnson, over his opposition to abortion rights.It was the middle of the day, and the sunlight was harsh. I tried to avoid making images that had too much discrepancy in light.As Barnes spoke, I noticed that women made up the majority of the audience. I directed my lens toward them, finding a table for which the lighting worked and waiting for the right moment to convey the audience’s mood.For me, this image shows the significance of abortion rights as an issue in this year’s midterm elections.Thank you for reading On Politics, and for being a subscriber to The New York Times. — BlakeRead past editions of the newsletter here.If you’re enjoying what you’re reading, please consider recommending it to others. They can sign up here. Browse all of our subscriber-only newsletters here.Have feedback? Ideas for coverage? We’d love to hear from you. Email us at onpolitics@nytimes.com. More

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    In a First, Biden Gets Involved in State Legislative Races

    The president’s involvement is a sign that Democratic leaders are taking down-ballot contests more seriously than in past elections.President Biden became involved in state legislative races for the first time, with an email Friday asking Democrats to each donate the modest sum of $7 to his party’s campaign arm for statehouse elections.And, following his Sept. 1 speech lashing “MAGA Republicans,” Biden is framing the stakes as a battle for American democracy, coupled with a bread-and-butter message about inflation, an issue that has bedeviled his presidency and given Republicans hopes of a red wave in races all the way down the ballot.“State legislatures are the key to stopping Republican abortion bans, attacks on L.G.B.T.Q.+ rights, bills that undercut our democracy by making it harder for people to vote,” Biden wrote in the email, which was sent to the Democratic Legislative Campaign Committee’s mailing list. “Not just that, state legislatures are essential — I mean it, essential — to lowering prices for American families and building an economy that works for everyone.”Biden’s email, which the White House had been working on for weeks, comes as Republicans warn that they are being outspent in state legislative races. It’s a noteworthy shift in messaging for the traditionally chest-thumping G.O.P., and therefore revealing regardless of what the numbers actually tell us.As my colleague Nick Corasaniti reported on Friday, one outside group working on winning statehouses for Democrats, the States Project, plans to spend $60 million across just five states. That would be a humdrum sum for a hot Senate race, but it’s an astronomical amount in races where spending is often in the range of thousands of dollars, not even tens of thousands and far from millions.Nick’s reporting included a memo sent this week by the Republican State Leadership Committee, the D.L.C.C.’s counterpart on the right. It warns conservative donors that Democrats are vastly outspending them in key states.“While Democrats cry out for more resources,” it reads, “they are dominating the television spending at this point in the campaign.”That is only partially true.Citing publicly available advertising data, which The New York Times verified, the memo notes that in Michigan, Democrats have spent nearly six times as much as Republicans in state legislative races since the primaries. In Colorado, another hotly contested state, the R.S.L.C. memo notes, “Democrats have spent and booked nearly four times more than Republicans since the June 28 primary.”Michigan followed a nonpartisan redistricting process this year that threw out a heavily gerrymandered map that favored Republicans. A flood of spending has come to the state: Democrats have spent and booked more than $20 million in TV ads, while Republicans have spent and booked just under $3.7 million.Nick found, however, that “on the television airwaves, Republican candidates and outside groups have spent roughly $39 million, while Democrats have spent roughly $35 million,” citing data from AdImpact, a media-tracking company.The State of the 2022 Midterm ElectionsWith the primaries over, both parties are shifting their focus to the general election on Nov. 8.Inflation Concerns Persist: In the six-month primary season that has just ended, several issues have risen and fallen, but nothing has dislodged inflation and the economy from the top of voters’ minds.Herschel Walker: The Republican Senate candidate in Georgia claimed his business donated 15 percent of its profits to charities. Three of the four groups named as recipients say they didn’t receive money.North Carolina Senate Race: Are Democrats about to get their hearts broken again? The contest between Cheri Beasley, a Democrat, and her G.O.P. opponent, Representative Ted Budd, seems close enough to raise their hopes.Echoing Trump: Six G.O.P. nominees for governor and the Senate in critical midterm states, all backed by former President Donald J. Trump, would not commit to accepting this year’s election results.In Pennsylvania and Arizona, Nick reported, “Republicans have spent nearly $1 million more than Democrats on ads since July.”Just one Democratic state senator, Mallory McMorrow, had already raised nearly $2 million as of Friday, according to her campaign.The presidential factorPresidents have typically focused on winning races for the Senate, the House and governorships. But over the last decade, as Democrats have worked to reverse the nationwide gains Republicans made after redistricting in 2010, many in the lower ranks of the party have been pushing Democratic leaders to pay more attention to the bottom of the ballot.Three factors have changed the game this year.The first is Donald Trump, who started getting involved in state legislative races as he embraced candidates who endorsed his conspiracy theories about the 2020 election. In addition, some candidates for secretary of state would be in charge of running elections even though they falsely claim that Trump won in 2020, On Politics wrote on Thursday.The second is abortion. Republicans have spent decades amassing power and support in state legislatures while national Democrats largely ignored state politics in favor of higher-profile contests. The Supreme Court’s decision to overturn Roe v. Wade in June shined a spotlight on the gains Republicans had made at the state level as so-called trigger laws went into effect in many states, restricting abortion after the ruling.In Michigan, for instance, where Republicans control both houses of the State Legislature, Democrats are investing great hopes in a ballot measure that seeks to overturn a 1931 law that the Roe reversal triggered, although a judicial ruling has kept abortion legal in the state for now.And the third is the long tail of the 2010 redistricting, which Republicans used to redraw maps in their favor after midterm elections that President Obama famously described as a “shellacking.”President Biden remains fairly unpopular, despite making some gains over the last few months. His approval rating was 42.7 percent as of Friday, according to FiveThirtyEight’s average of public opinion polls.That said, Trump is even less popular, and Democrats have spent months researching ways to anchor Republican candidates to him even though he won’t be on the ballot this year.Abortion-rights advocates in the Michigan Legislature in June. Republicans are expected to hold the Legislature, but forecasting races is difficult with little polling.Matthew Dae Smith/Lansing State Journal, via APWhat the forecasts sayWhether this strategy will help Democrats keep the statehouses they picked up in 2018, and held in most cases in 2020, is another matter.According to forecasts by CNAnalysis, one of the few publicly available prognosticators that focuses on state legislative races, it’s looking like it will be a very Republican year across the country.As of Friday, CNAnalysis was predicting that Republicans would hang on to legislatures in Arizona, Michigan, Pennsylvania and New Hampshire, with Maine and Minnesota as tossups. Democrats, the firm expects, will retain Colorado and New Mexico.But such forecasts are inherently difficult in races where polling is scant, and much depends on which way undecided voters break in the fall.Will they side with Republicans and their complaints about the prices of gas and groceries, or will they hear out Democrats’ messages about abortion, L.G.B.T.Q. rights and democracy?That’s the $1 million question of this election — whether it’s in a high-profile Senate race in Pennsylvania or a humble statehouse contest in Arizona.The wider stakesNick’s article also mentions a once-obscure legal doctrine called the “independent state legislature theory.” Richard L. Hasen, a law professor, called it the “800-pound gorilla brooding in the background of election law cases working their way up from state courts” in June.The doctrine is an unorthodox interpretation of the Constitution. It holds that the framers of the Constitution intended for state legislatures to reign supreme over secretaries of state and even state constitutions. Most law professors view it as far out of the mainstream, but some conservative legal scholars, including at least two current Supreme Court justices, see it as legitimate.Quietly, lawyers linked to the Republican National Committee and to congressional leaders have been angling for the Supreme Court to rule on the doctrine. Conservative lawyers under the banner of a group called the Honest Elections Project invoked a version of the theory in Pennsylvania in 2020, citing it in a petition for writ of certiorari to the state Supreme Court.The lawyers, David B. Rivkin Jr. and Andrew M. Grossman of the Republican-linked firm Baker and Hostetler, argued that the secretary of the commonwealth at the time, Kathy Boockvar, had overstepped her constitutional boundaries by altering the date by which the state would accept late-arriving mail-in ballots.If the Supreme Court does embrace the doctrine, it could fundamentally alter how elections are conducted in the United States, from the rules governing the mechanics of voting to who makes the final decisions on what is and is not legal.In some cases, senior Democrats have privately warned candidates against filing lawsuits that could trigger the court’s conservative majority to take up the concept in the so-called shadow docket, in which the court does not hold a full oral argument session but issues a ruling with little explanation.That is not likely to happen before the midterms, court watchers say. Democratic legal experts also think they will have a better shot during one of the court’s regular sessions, during which they can present their counterarguments in full.In March, Justice Brett Kavanaugh, responding to a case in North Carolina, appeared to signal that the court was eager to rule on the independent state legislature theory in what my colleague Adam Liptak described as “an orderly fashion.”“The issue is almost certain to keep arising until the court definitively resolves it,” Kavanaugh wrote, adding that the court should grant a petition seeking review on the merits “in an appropriate case — either in this case from North Carolina or in a similar case from another state.”What to read about democracyBallot mules. Poll watch parties. Groomers. Cecilia Kang lays out the most dominant false narratives circulating about November’s midterm elections.A whistle-blower who worked for Twitter and testified before the Jan. 6 committee told The Washington Post that extremism and political disinformation on social media pose an “imminent threat not just to American democracy, but to the societal fabric of our planet.”A law in Georgia that lets people and groups submit an unlimited number of challenges to voters’ eligibility is causing headaches for election workers as they try to prepare for ballots to be cast in the state’s crucial races, according to The 19th.Voting rights groups and Democrats are bristling at the inclusion of Brad Raffensperger, Georgia’s Republican secretary of state, on the cover of Time magazine’s issue highlighting election defenders. They pointed out that Raffensperger is a defendant in 20 voter suppression lawsuits.A new report by Rachel Kleinfeld of the Carnegie Endowment for International Peace argues that “American democracy is at a dangerous inflection point” and lays out five strategies to address what she calls “a democratic setback potentially as serious as the ones already occurring in India and Hungary.”viewfinderShuran Huang for The New York TimesA tough questionOn Politics regularly features work by Times photographers. Here’s what Shuran Huang told us about taking the image above:Capturing nuanced moments is one of my favorite tasks when I am covering news events in Congress.Amid hours of grueling testimony, witnesses usually manage to keep up a steely disposition during hearings on Capitol Hill.But not always.Here, William Demchak, chief executive officer of PNC Financial Services, took a deep breath with his eyes closed after answering a tough question from a lawmaker.The light hit Demchak’s face in just the right way to highlight his frustration — and created a contrast to the smiling face on the painting behind him.Thank you for reading On Politics, and for being a subscriber to The New York Times. — BlakeRead past editions of the newsletter here.If you’re enjoying what you’re reading, please consider recommending it to others. They can sign up here. Browse all of our subscriber-only newsletters here.Have feedback? Ideas for coverage? We’d love to hear from you. Email us at onpolitics@nytimes.com. More

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    Censorship Is the Refuge of the Weak

    Some threats to freedom of expression in America, like online harassment and disinformation, are amorphous or hard to pin down; others are alarmingly overt. Consider these recent examples of censorship in practice: A student newspaper and journalism program in Nebraska shut down for writing about L.G.B.T.Q. issues and pride month. Oklahoma’s top education official seeking to revoke the teaching certificate of an English teacher who shared a QR code that directed students to the Brooklyn Public Library’s online collection of banned books. Lawmakers in Missouri passing a law that makes school librarians vulnerable to prosecution for the content in their collections.In Florida today it may be illegal for teachers to even talk about whom they love or marry thanks to the state’s so-called Don’t Say Gay law. Of course, it goes far beyond sex: The Sunshine State’s Republican commissioner of education rejected 28 math textbooks this year for including verboten content.This year alone, 137 gag order bills, which would restrict the discussions of topics such as race, gender, sexuality and American history in kindergarten through 12th grade and higher education, have been introduced in 36 state legislatures, according to a report released last month by PEN America, a free speech organization. That’s a sharp increase from 2021, when 54 bills were introduced in 22 states. Only seven of those bills became law in 2022, but they are some of the strictest to date, and the sheer number of bills introduced reflects a growing enthusiasm on the right for censorship as a political weapon and instrument of social control.These new measures are far more punitive than past efforts, with heavy fines or loss of state funding for institutions that dare to offer courses covering the forbidden content. Teachers can be fired and even face criminal charges. Lawsuits have already started to trickle through the courts asking for broad interpretations of the new statutes. For the first time, the PEN report noted, some bills have also targeted nonpublic schools and universities in addition to public schools.It wasn’t all that long ago that Republican lawmakers around the country were introducing legislation they said would protect free speech on college campuses. Now, they’re using the coercive power of the state to restrict what people can talk about, learn about or discuss in public, and exposing them to lawsuits and other repercussions for doing so. That’s a clear threat to the ideals of a pluralistic political culture, in which challenging ideas are welcomed and discussed.How and what to teach American students has been contested ground since the earliest days of public education, and the content of that instruction is something about which Americans can respectfully disagree. But the Supreme Court has limited the government’s power to censor school libraries, if not curriculums. “Local school boards may not remove books from school libraries simply because they dislike the ideas contained in those books and seek by their removal to ‘prescribe what shall be orthodox in politics, nationalism, religion or other matters of opinion,’” Justice William Brennan wrote in a 1982 decision.There may not even be wide disagreement over what American students are being taught. Despite the moral panic over teaching about gender and race, American parents overwhelmingly say they are satisfied with the instruction their children receive. A poll from National Public Radio and Ipsos earlier this year found that just 18 percent of parents said their child’s school “taught about gender and sexuality in a way that clashed with their family’s values,” while 19 percent said the same about race and racism. Only 14 percent felt that way about American history.And yet, some Republican candidates are using the threat of censorship as a show of strength, evidence of their power to muzzle political opponents. Last year in Virginia, Glenn Youngkin won the governorship after a campaign in which he demagogued the Pulitzer Prize-winning book “Beloved” by the Nobel Prize-winning Toni Morrison. Other candidates are looking to make issues around censorship a centerpiece of their pitch to voters in the midterm elections in races from Texas to New Jersey.Some want to extend censorship far beyond the classroom. In Virginia, a Republican state representative tried to get a court to declare as obscene two young adult books that are frequently banned in schools, “Gender Queer,” by Maia Kobabe, and “A Court of Mist and Fury,” by Sarah Maas. The case was dismissed on Aug. 30, but if it had been successful, it could have made it illegal for bookstores to sell the books to children without parental consent.Right-wing lawmakers are also looking to restrict what Americans can say about abortion. Model legislation from the National Right to Life Committee, which is circulating in state legislatures, aims to forbid Americans to give “instructions over the telephone, the internet or any other medium of communication regarding self-administered abortions or means to obtain an illegal abortion.” That prohibition would extend to hosting websites that contain such information.Even when such bills fail, these efforts to censor create a climate of fear. Across the country, libraries in small towns are being threatened with closure and library staff members are being harassed and intimidated. The Times reports that librarians “have been labeled pedophiles on social media, called out by local politicians and reported to law enforcement officials. Some librarians have quit after being harassed online. Others have been fired for refusing to remove books from circulation.” The American Library Association has documented nearly 1,600 books in more than 700 libraries or library systems that have faced attempted censorship.There are factions on both the left and the right that are insecure enough in their ideas that they’ve tried to ban discussion of certain facts or topics out of discomfort, or simply to score political points. But only right-wing legislators are currently trying to write censorship into law. This is not only deeply undemocratic; it is an act of weakness masquerading as strength. A political project convinced of the superiority of its ideas doesn’t need the power of the state to shield itself from competition. Free expression isn’t just a feature of democracy; it is a necessary prerequisite.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