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      G.O.P. Presses for Greater Edge on Florida and Ohio Congressional Maps

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      In Florida, Gov. Ron DeSantis vetoed a map drawn by his fellow Republicans in the Legislature. In Ohio, Republicans closed in on a G.O.P.-friendly map for the midterm elections.With the midterm election cycle fast approaching, Republicans in the key states of Florida and Ohio have made critical progress in their push to add to their dominance on congressional maps by carving new districts that would be easier for G.O.P. candidates to win.In Florida, Gov. Ron DeSantis on Tuesday vetoed congressional maps drawn by the Republican-controlled Legislature and called for a special session to draw new maps in mid-April, a rare fracture between the Republican governor and state lawmakers. Mr. DeSantis had previously pledged to veto the maps and had pushed his own maps that would have given his party a stronger advantage in the state’s congressional delegation.In Ohio, a new map of congressional districts that is gerrymandered to heavily favor Republicans appeared highly likely to be used in the midterm elections after the State Supreme Court indicated on Tuesday that it would not rule on a challenge to the map until after the May 3 primary election.The Republican pressure comes as Democrats have fared better than expected in this year’s redistricting cycle. Democrats have drawn aggressive gerrymanders in states like New York, Oregon, Illinois and Maryland, while Republicans have sought to make their current seats safer in states like Texas and Georgia.The result is an emerging new congressional landscape that will not tilt as heavily toward Republicans as it did after the last redistricting cycle, in 2011. In the first elections after that round of redistricting, in 2012, Democrats won 1.4 million more votes for the House of Representatives, yet Republicans maintained control of the chamber with 33 more seats than Democrats.The realignment in this year’s redistricting has rankled some Republicans across the country, who had called on G.O.P.-led state legislatures to be more aggressive in drawing maps.“Republicans are getting absolutely creamed with the phony redistricting going on all over the Country,” former President Donald J. Trump said in a statement last month.Mr. DeSantis seemed to share Mr. Trump’s view, taking the rare step of interjecting himself into the redistricting process and proposing his own maps, twice. His most recent proposal would have created 20 seats that would have favored Republicans, and just eight that would have favored Democrats, meaning the G.O.P. would have been likely to hold 71 percent of the seats. Mr. Trump carried Florida in 2020 with 51.2 percent of the vote.Legislators in the Florida House of Representatives discussed redistricting at a session in January.Phelan M. Ebenhack/Associated PressBut Republicans in the State Legislature, who often acquiesce to Mr. DeSantis’s requests, largely ignored the governor’s proposed maps and passed their own maps that would have most likely given Republicans 18 seats, compared with 10 for Democrats. Mr. DeSantis declared the maps “DOA” on Twitter when they passed.In a news conference on Tuesday announcing his veto, Mr. DeSantis said the map drawn by the Republican-controlled Legislature violated U.S. Supreme Court precedent.What to Know About RedistrictingRedistricting, Explained: Here are some answers to your most pressing questions about the process that is reshaping American politics.Understand Gerrymandering: Can you gerrymander your party to power? Try to draw your own districts in this imaginary state.Analysis: For years, the congressional map favored Republicans over Democrats. But in 2022, the map is poised to be surprisingly fair.Killing Competition: The number of competitive districts is dropping, as both parties use redistricting to draw themselves into safe seats.“They forgot to make sure what they were doing complied with the 14th Amendment of the U.S. Constitution,” Mr. DeSantis said at the State Capitol.The vetoed map did away with a seat held by a Black Democrat, Representative Al Lawson of Tallahassee, and created a smaller district in Jacksonville where a Black Democrat might get elected. Mr. DeSantis had proposed maps earlier this year that further eroded minority representation, including in Mr. Lawson’s district.Mr. DeSantis acknowledged that the map lawmakers end up drawing in the special session would still be likely to face a court challenge. The state’s current map was drawn by the courts after Florida voters wrote anti-gerrymandering provisions into the State Constitution in 2010.On Tuesday, the governor appeared to take aim at those provisions, calling them far-reaching and inconsistent. He hinted that in the future, the state might argue in federal court that the provisions were unconstitutional, but he said his intent was not necessarily to repeal them.“Our goal in this was just to have a constitutional map,” he said. “We were not trying to necessarily plot any type of litigation strategy.”He added, “We will obviously say it’s unconstitutional to draw a district like that, where race is the only factor,” referring to Mr. Lawson’s heavily Black district in North Florida.Legislative leaders in Florida told lawmakers to plan to be in Tallahassee for the special session April 19-22. Florida has a relatively late primary election, set for Aug. 23, and voting is unlikely to be threatened by the uncertainty over the maps. However, some House races have yet to attract a full field of candidates, in part because the district lines remain unclear.How U.S. Redistricting WorksCard 1 of 8What is redistricting? More

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      Local Election Officials in Georgia Oppose G.O.P. Election Bill

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      As Republicans rush to pass a second round of new voting and election rules, a bipartisan group of election officials is fighting back.ATLANTA — A year ago, when Georgia Republicans passed a mammoth law of election measures and voting restrictions, many local election officials felt frustrated and sidelined, as their concerns about resources, ballot access and implementation went largely ignored.This year, Republicans have returned with a new bill — and the election officials are pushing back.A bipartisan coalition of county-level election administrators — the people who carry out the day-to-day work of running elections — is speaking out against the latest Republican measure. At a legislative hearing on Monday, they warned that the proposal would create additional burdens on a dwindling force of election workers and that the provisions could lead to more voter intimidation.“You’re going to waste time, and you’re going to cause me to lose poll workers,” said Joel Natt, a Republican member of the Forsyth County board of elections, referring to a provision in the bill that he said would force workers to count hundreds of blank sheets of paper. “I have 400 poll workers that work for our board. That is 400 people that I could see telling me after May, ‘Have a nice life,’ and it’s hard enough to keep them right now.”Among other provisions, the bill would expand the reach of the Georgia Bureau of Investigation over election crimes; limit private funding of elections; empower partisan poll watchers; and establish new requirements for tracking absentee ballots as they are verified and counted.The bill passed the Georgia House this month, roughly two weeks after it was first introduced. Initially, the State Senate appeared set to pass the measure at a similar speed. The state’s legislative session ends on April 4, giving lawmakers less than a week to pass the bill.But county-level election officials worked behind the scenes, in letters and phone calls to legislators, expressing their concerns about the bill and dissatisfaction that they had not been consulted in the drafting process.The pushback comes as the impact of the wave of election laws passed by Republicans last year is beginning to be felt. In Texas, where a new law altered the absentee ballot process, election officials dealt with widespread confusion among absentee voters in the March primary. Mail ballot rejections surged, and county officials worked around the clock to help voters fix their ballots. Still, more than 18,000 voters had their ballots tossed out.A Guide to the 2022 Midterm ElectionsMidterms Begin: The Texas primaries officially opened the 2022 election season. See the full primary calendar.In the Senate: Democrats have a razor-thin margin that could be upended with a single loss. Here are the four incumbents most at risk.In the House: Republicans and Democrats are seeking to gain an edge through redistricting and gerrymandering, though this year’s map is poised to be surprisingly fairGovernors’ Races: Georgia’s contest will be at the center of the political universe, but there are several important races across the country.Key Issues: Inflation, the pandemic, abortion and voting rights are expected to be among this election cycle’s defining topics.The vocal opposition from Georgia election officials represents a shift from a year ago, when some individual officials, mostly Democrats, spoke out against the first Republican bill. But many local officials simply felt ignored by lawmakers who were eager to appear to be addressing Republican voters’ false beliefs about fraud in the 2020 election.The statewide association of local election officials is now working to “start taking stances on legislation like this, where the association would have a view that represents a majority of our members,” said Joseph Kirk, the elections supervisor for Bartow County, which is deeply Republican, who serves as a secretary for the association. He added that the group had not taken a stance on the election bill but that many members were voicing their opinions individually.At a conference this month, Ryan Germany, general counsel for Secretary of State Brad Raffensperger, encouraged members to speak up.“They really need to know what you guys think about this stuff because they hear from a lot of people, but I don’t think they hear from a lot of election officials,” said Mr. Germany, who spoke favorably about several provisions in the bill, according to audio of the event obtained by The New York Times.Dozens of voting rights advocates and county election officials crowded the State Senate Ethics Committee hearing on Monday afternoon, saying the bill would make it harder for election administrators to do their jobs.From left, State Senators Sally Harrell, Butch Miller and Jeff Mullis listened as Cindy Battles, right, testified during the hearing on Monday. Nicole Craine for The New York Times“There are so many unfunded mandates being passed by this body. You are not giving county election officials the budget that they need to run their elections,” said Cindy Battles, the policy and engagement director at the Georgia Coalition for the People’s Agenda, a civil rights group. “And then you are making it more difficult to get what they need.”Several officials pointed to a provision that would require elections administrators to account for all elections-related documents, including the pieces of paper that ballots are printed on. Mr. Natt, the vice chair of elections for Forsyth County’s board of elections, held up a ream of paper to represent one of the hundreds of blank sheets of paper that his office would need to count under the law.“That is a lot of counting. That is a lot of time and waste management,” he said.State Representative James Burchett, a Republican from southeastern Georgia and sponsor of the bill, did not immediately respond to requests for comment. He told The Atlanta Journal-Constitution this month that “the intent of the bill is to address issues that we’ve seen in the elections process.”During the hearing on Monday, State Senator Butch Miller, a Republican and member of the State Senate Ethics Committee, appeared to consider some of the officials’ concerns.“I think we’ll probably have additional work to be done,” he said. While Mr. Miller said he was not interested in sweeping changes to the bill, he also said he was not opposed to “tweaking them and accommodating certain issues.” The committee has not yet scheduled a vote on the bill.Election officials warned about language they considered too broad in a provision that restricts third-party donations to election offices. The proposal is popular among Republicans who believe grants from an organization tied to Mark Zuckerberg, the chief executive of Meta, had undue influence in the 2020 election. Some Georgia election officials said the legislation would require any organization that makes a donation to receive approval from the state board of elections. That could include churches or other local groups that offer their buildings as polling locations.“By a strict interpretation of this particular provision, that would be a grant of gift or donation,” Milton Kidd, the elections director in Douglas County, a deeply Democratic county, said in an interview.Mr. Kidd added that many churches did not have staff to handle the application process, which could threaten his ability to maintain enough polling locations.Officials also took issue with a provision requiring partisan poll watchers to be given “meaningful access” to observe the ballot-counting process. The language might jeopardize the privacy of the ballot, they said.“I am a big fan of poll watchers, of being observed, I want my polling places to have observation, it’s a very important part of the process,” said Mr. Kirk, the administrator in Bartow County, which is northwest of Atlanta. “But it’s also very important to have guardrails on that observation, to keep it from becoming disruptive, to make sure a person’s information stays safe.”A provision that gives the Georgia Bureau of Investigation the power to subpoena election records for fraud investigations has also stirred opposition, mostly among Democratic local officials, who view it as both unnecessary — the secretary of state’s office currently handles election investigations — and intended to scare off voters.“That just smacks of voter intimidation,” said Dele Lowman Smith, the chair of the DeKalb County board of voter registration and elections. “And that’s a big concern.” More

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      DeSantis Is Trump 2.0

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      The greatest damage Donald Trump did may not be in the actions he took, but in the influence he had.Donald Trump isn’t the brightest bulb. He’s tremendously talented as a room-reader and as a reflector of emotion, but he is no brilliant tactician, no wise sage, no erudite intellectual.He runs on spectacle and fury. There is no grand vision or grand plan. His quest is to win the moment. His focus is too narrow to even consider the larger struggle.But he did something, unleashed something, that is so much bigger than he is now or ever will be: He pushed the limits of acceptability, hostility, aggression and legality beyond where other politicians dared push them. And for the most part, he has not only survived it, but been rewarded for it.Now, the danger is that Republicans won’t only try to imitate Trump but to one-up him.Take Florida’s governor, Ron DeSantis.He is often described as a Trump ally, but covetousness is often born of communion. If “The Talented Mr. Ripley” had a political corollary, it might well be The Scheming Mr. DeSantis.Whereas Trump’s rhetoric was poisonous, and he issued some incredibly harmful orders and his administration instituted some corrosive policies, he wasn’t able to codify much of it. Some of Trump’s most high-profile policies — though not all — have been reversed by the Biden administration.DeSantis, along with some other Republican governors, is taking the next step, doing the thing that Trump couldn’t do much of: getting laws to his desk and signing them. They have taken what might once have been stigmas, realized that in the modern Republican Party they confer status, and converted them into statutes.It was on the state level that Jim Crow was erected, and it is on the state level that Donald Crow is being erected.Just take a look at the things that DeSantis has done since the 2020 elections.He has signed a voter suppression law, during an appearance on “Fox & Friends” no less, that included more restrictions on drop boxes and granted new authority to partisan poll watchers.He’s expected to sign the so-called “Don’t Say Gay” bill, which does far more damage than just tamping down classroom discussion. As my colleagues Amelia Nierenberg and Dana Goldstein have pointed out, it also has far-reaching implications for how mental health services are delivered to children, even those who may not be L.G.B.T.Q. One clause in the law reads:“Classroom instruction by school personnel or third parties on sexual orientation or gender identity may not occur in kindergarten through grade 3 or in a manner that is not age appropriate or developmentally appropriate for students in accordance with state standards.”As Nierenberg concludes, “The impact is clear enough: Instruction on gender and sexuality would be constrained in all grades.”He has signed an anti-protesting law, which granted some civil protections to people who drove through protesters blocking a road. As The Orlando Sentinel reported in April 2021, when the bill was signed, the law “might have protected the white nationalist who ran over and killed counterprotester Heather Heyer during the Charlottesville tumult in 2017.” A judge blocked the legislation last fall.Earlier this month, the Florida Legislature passed the “Stop WOKE Act,” another so-called anti-critical race theory law. This one invoked the idea that a lesson that may make a person “feel guilt, anguish, or other forms of psychological distress” should be banned.DeSantis, who has been a big proponent of the bill and signed an executive order to this effect, is expected to sign the bill.DeSantis is even going further than his own Republican-controlled Legislature is willing to go on some issues. He threatened to veto a redistricting map drawn up by the Legislature that would most likely increase Republican seats. But it didn’t go far enough for DeSantis. He drew up his own map that would go further, reducing the Black and Hispanic voting power even more.He has also proposed raising his own defense force. As CNN reported in December, he wants to “re-establish a World War II-era civilian military force that he, not the Pentagon, would control,” one that would “not be encumbered by the federal government.”DeSantis has repeatedly claimed that he has no plans to run for president in 2024, but you always have to take politicians demurring in this way with a healthy dose of skepticism.DeSantis is playing to the base that Trump exposed and unleashed, but unlike Trump, he is demonstrating to them what it looks like when their priorities have the durability of enacted law. He is trying to be for them what Trump was not: a competent legislative deal maker.I don’t know whether DeSantis will run for president or if he could win, but he is the first version of what many of us fear: a Trump-like figure with less of the bombast (though DeSantis has plenty) and more of the killer skill to enact policy.DeSantis is Trump 2.0.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 and Twitter (@NYTopinion), and Instagram. More

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      Just How Liberal Is California? The Answer Matters to Democrats Everywhere.

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      LOS ANGELES — California is awash in money, with so many billions in surplus revenue that the state cannot enact programs fast enough. Democrats hold veto-proof majorities in the Legislature, and Gov. Gavin Newsom has a $25 million campaign war chest to fend off any token opposition in his re-election bid.Yet all is far from tranquil in this sea of blue. Deep fissures divide Democrats, whose control of state government effectively gives them unilateral power to enact programs. As elections approach, intraparty demands, denunciations and purity tests have exposed rifts between progressives and moderates that seem destined to become more vitriolic — and more consequential. We are about to find out just how liberal California is.The answer will shape policy as the most populous state wrestles with conflicts over seemingly intractable problems: too many homeless, too many drug overdoses, too many cars, too many guns, too much poverty. Although some dynamics are peculiar to California, the outcome will also have implications for the parallel debate swirling among national Democrats. Because if progressives here cannot translate their ideology into popular support that wins elections, it will not bode well for their efforts on a national scale.California has long been more centrist than its popular image. The “Mod Squad,” a caucus of moderate Democratic state lawmakers, has had outsize influence for more than a decade. As the Republican Party became increasingly marginal, business interests that had traditionally backed Republican candidates realized they could have more influence by supporting conservative Democrats. That paradigm accelerated with the shift to a system in which the top two finishers in a primary advance to the general election, regardless of party affiliation. Designed to promote more centrist candidates from both parties, it often results in face-offs between two Democrats.A contest emblematic of the California divide is unfolding in Los Angeles. From a crowded field of mayoral candidates, the two most likely to advance offer a stark contrast: Representative Karen Bass, a stalwart liberal embraced for both her politics and her background in community organizing, and the billionaire developer Rick Caruso, who has sounded the familiar refrain that it’s time for a businessman to clean up the failures of the political class. In a bow to the overwhelmingly Democratic electorate, Mr. Caruso, best known for his high-end shopping malls, recently changed his registration from no party preference to Democrat — even though the race is nonpartisan. For her part, Ms. Bass has called for freeing up more police officers for patrol (and hiring replacements for administrative duties) and equivocated on abolishing cash bail, positions that alarmed some of her natural allies.It is hard to know just how much the pandemic, on top of the Trump years, has scrambled the political calculus. We have traffic jams at the ports that rival those on the roads, restaurant tables where cars once parked, hotels that catered to tourists now sheltering the homeless. Anger over closed schools and mask mandates has triggered a record number of recalls (most notably the landslide that recalled three San Francisco school board members, on which progressives and moderates agreed). In the far northern county of Shasta, a group including members of a local militia won control of the board of supervisors by recalling a Republican ex-police chief who had not been sufficiently anti-mask or pro-gun. A prominent anti-Trump Republican consultant called the vote a “canary in a coal mine” for the direction of his state party.If mask and vaccine mandates have become the litmus test for the far right, the left has chosen as its defining issue a far more complex — but seemingly unattainable — goal: single-payer health care. When a bill (with an estimated price of more than $300 billion a year) made it to the Assembly floor, progressives threatened to deny party support to any Democrat who voted no. Far short of the necessary yes votes, the sponsor, Ash Kalra of San Jose, a progressive Democrat, pulled the bill rather than force a vote that could be used against his colleagues. He was pilloried as a traitor by activists.The Working Families Party, which has pushed for progressive priorities in the New York State Legislature, recently established a branch in California in hopes of having similar influence and endorsing and supporting progressive Democrats. The group’s state director, Jane Kim, a former San Francisco supervisor who lost the 2018 mayoral race to the moderate London Breed and then helped Bernie Sanders win the California primary, argues that the state’s electorate is more liberal than its elected officials, who are beholden to the influence of large corporate donors. Still, in the 2020 general election — with a record-setting turnout — voters defeated almost all ballot initiatives that were priorities of the progressives, opting not to restore affirmative action, nor impose higher taxes on commercial and industrial properties, nor abolish cash bail, nor expand rent control.In the arena of criminal justice, where voters and lawmakers have consistently made progressive changes in recent years, the growing concern about crime (some justified by data and some not) will soon test the commitment to move away from draconian sentences and mass incarceration. The conservative Sacramento district attorney, Anne Marie Schubert, is running for state attorney general on the slogan “Stop the Chaos,” tying her opponent, the incumbent Rob Bonta, to what she calls “rogue prosecutors” like the progressive district attorneys in Los Angeles and San Francisco, who are targets of recall campaigns.In June, San Franciscans will decide whether to recall District Attorney Chesa Boudin, a referendum on his performance as well as a vote that moderates have framed as a cornerstone of the fight to “take back” their city from progressives. In a city decidedly less liberal than its reputation, Mayor Breed has referred to members of the board of supervisors as “a very, very extremely left group of people.”With near-record office turnover — a result of reapportionment, term limits, frustration and fatigue — the winners of the coming elections will collectively reshape the political landscape for many years. A quarter of the 120 state legislative districts will have new representatives next year, and among those departing are some of the most influential lawmakers.It would be nice to think that change will usher in a new generation of leaders, one that builds on the excitement and enthusiasm generated, especially among young people, by the 2020 Sanders campaign. It is hard not to root for young activists. They will live or die with the consequences of decisions being made today on air, water, housing, schools.In a recent poll, young adults who were asked the most pressing issue for the governor and Legislature to work on this year were twice as likely as those over 35 to cite jobs and the economy, and were far less concerned about crime. They were also more optimistic, with more than half saying California was headed in the right direction.The pandemic might yet prove to be the disruption needed to trigger big political shifts, comparable with those triggered in the arena of jobs and work. So far, it seems to have driven people further into their corners. The next generation will have to find a way to fill in that hollowed-out middle, just as they will have to bridge the ever-growing chasms in wealth, which in turn drive so much of the political divide.Miriam Pawel (@miriampawel) is the author of “The Browns of California: The Family Dynasty That Transformed a State and Shaped a Nation.”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 Supreme Court Did the Right Thing. I’m Still Worried.

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      State legislatures are, and always have been, creatures of state constitutions, bound by the terms of those constitutions and subject to the judgments of state courts.This has important implications for the nature of state legislative power. The federal Constitution may give state legislatures the power to allocate electoral votes and regulate congressional elections, but that power is subject to the limits imposed by state constitutions.Imagine what could happen if that were not the case. Imagine, instead, that state legislatures had plenary power over federal elections, which would allow them to overrule state courts, ignore a governor’s veto and even nullify an act of Congress. State legislatures would, in essence, be sovereign, with unchecked power over the fundamental political rights of those citizens who lived within their borders.This change would both unravel and turn the clock back on our constitutional order, with states acting more like the quasi-independent entities they were before the Civil War and less as the subordinate units of a national polity.But that, apparently, is what some Republicans want.Recently, Republicans in North Carolina and Pennsylvania asked the U.S. Supreme Court to block congressional maps drawn by their state courts. Their argument was based on a revolutionary doctrine that would tee up this fundamental change to the American political system.The challenges, which failed, stemmed from the effort to gerrymander Democrats out of as much power as possible. In North Carolina, the proposed gerrymander was so egregious that the state Supreme Court ruled that it was in violation of the state’s constitution. The court drew a new map to rectify the problem. In Pennsylvania, likewise, state courts drew a new congressional map after Gov. Tom Wolf, a Democrat, vetoed the heavily gerrymandered map produced by the Republican-led legislature.The North Carolina Supreme Court’s ruling and the Pennsylvania governor’s veto should have been the last word. Both were acting in accordance with their state constitutions, which bind and structure the actions of the state legislatures in question. For Republicans, however, those checks on their power are illegitimate. Their argument, in brief, is that neither state courts nor elected executives have the right to interfere with or challenge the power of state legislatures as it relates to the regulation of federal elections.Nestled at the heart of the Republican argument is a breathtaking claim about the nature of state legislative power. Called the “independent state legislature” doctrine, it holds that Article I, Section 4 of the U.S. Constitution — which states that “the Times, Places and Manner of holding Elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of choosing Senators” — gives state legislatures total power to write rules for congressional elections and direct the appointment of presidential electors, unbound by state constitutions and free from the scrutiny of state courts.This isn’t a new theory, exactly. In his concurring opinion in Bush v. Gore in 2000 — joined by justices Antonin Scalia and Clarence Thomas — Chief Justice William Rehnquist argued that under Article II, any “significant departure from the legislative scheme for appointing Presidential electors presents a federal constitutional question.” Meaning, in short, that a state court could go beyond its authority in adjudicating state election law. The other two Republican-appointed justices on the court, Anthony Kennedy and Sandra Day O’Connor, declined to join Rehnquist’s concurrence, even as they voted to stop the counting and give George W. Bush the win.For 20 years, the doctrine lay dormant. It was resurrected, in 2020, by allies of Donald Trump, who needed some constitutional pretense for their attempt to overturn his defeat. Before the election, a number of state courts had ordered state governments to make accommodations for the pandemic, citing state constitutions. Elsewhere, governors, secretaries of state and state boards of election took matters into their own hands, bypassing the legislature (and using their own authority under the law) to accommodate voters. When, after the election, the Trump campaign sued either to throw out ballots or to invalidate results, its lawyers offered the “independent state legislature” doctrine as justification. So too did supporters of Trump who wanted Republican legislatures to void election results and choose electors who would give the president a second term.The basic problem with this doctrine is that it’s bunk. “The text of the Elections and Electors clauses is silent as to the role of state constitutions, but the subsequent history is anything but,” the legal scholar Michael Weingartner writes in a draft article on the theory of independent state legislatures. “Since the Founding, state constitutions have both directly regulated federal elections and constrained state legislatures’ exercise of their authority under the Clauses.” What’s more, over the past century, “nearly every election-related state constitutional provision was either approved and presented to voters by state legislatures or placed on the ballot and enacted by voters directly.” Even if the federal Constitution is vague on the full scope of state legislative power to regulate elections, both history and practice have fixed the meaning of the relevant clauses in favor of constraint. State constitutions (and state courts) do in fact regulate state legislatures as it relates to election law.Some proponents of the “independent state legislature” doctrine argue that theirs represents the original understanding of the Elections and Electors clauses in the Constitution. Another researcher, Hayward H. Smith, says otherwise. “The history demonstrates beyond cavil that the founding generation understood that ‘legislatures’ would operate as normal legislatures, not independent legislatures, with respect to both procedure and substance,” he writes. In fact, he notes, a review of every state constitution adopted in the 19th century reveals “that both explicit and nonexplicit limitations on ‘legislatures’ were widespread before, during, and after the Civil War.”There’s simply no basis for the claim that the Constitution grants state legislatures this kind of unaccountable power over the conduct of federal elections. It runs counter to the basic idea behind the American political system, that is, the sharing and separation of power among competing and overlapping institutions. It defeats the purpose of this delicate balance to give state legislatures plenary power over federal elections (to say nothing of how it is incongruent with the elite frustration over the scope of states’ power that gave rise to the Constitution in the first place).Thankfully, the Supreme Court rejected the challenge from Republicans in Pennsylvania and North Carolina. Still, there may be four votes for the theory of the “independent state legislature.” In a 2020 dissent from the majority on the question of whether Pennsylvania should count certain mail-in ballots, Justices Thomas, Samuel Alito and Brett Kavanaugh appeared sympathetic to the doctrine. Neil Gorsuch endorsed it outright, writing that “The Constitution provides that state legislatures — not federal judges, not state judges, not state governors, not other state officials — bear primary responsibility for setting election rules.”Dissenting from the court’s decision in the North Carolina case, Alito called the question of state legislative power an issue of “great national importance,” a clear signal that he is open to the arguments of Republican legislators. Kavanaugh concurred. “I agree with Justice Alito that the underlying Elections Clause question raised in the emergency application is important, and that both sides have advanced serious arguments on the merits. The issue is almost certain to keep arising until the Court definitively resolves it.”It is unclear where the newest justice, the Trump appointee Amy Coney Barrett, stands on the doctrine, although she appears to have voted with the majority in these particular cases.It is a good thing that the Supreme Court has decided not to throw out more than 230 years of precedent and practice for the sake of a bizarre and anti-democratic reading of the Constitution. But previous Supreme Courts have endorsed bizarre and anti-democratic readings of the Constitution — the Constitution itself has an uneasy relationship with American democracy — and this court, especially, has been more hostile than friendly to the more expansive view of our democratic rights.We can breathe a sigh of relief, for now, but when it comes to the future of the “independent state legislature” doctrine, the worst may still be on the horizon.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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      Supreme Court Allows Court-Imposed Voting Maps in North Carolina and Pennsylvania

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      State courts had ruled that earlier maps for congressional elections had been warped by partisan gerrymandering. Democrats stand to benefit from the justices’ decision.The Supreme Court on Monday allowed congressional maps that had been approved by state courts in North Carolina and Pennsylvania to stand, giving Democrats an advantage in this year’s election in two key states.In issuing the orders, the Supreme Court rejected requests by Republicans to restore maps approved by G.O.P.-controlled state legislatures. Those district lines were thrown out and replaced by courts in both states after challenges by Democrats.Under the new court-imposed maps in both states, Democrats are likely to gain more seats than they would have under the legislature-approved versions.But in the North Carolina case, there were signs that at least four of the court’s more conservative justices could later rule that state courts are powerless to change congressional maps adopted by state legislatures.Such a ruling would fundamentally alter how congressional elections are conducted and amplify partisan gerrymandering, allowing the party that controls the legislature to draw voting districts favoring its candidates.But that will not happen before this fall’s election.Stanton Jones, a lawyer for some of the plaintiffs who had challenged the North Carolina map, said the Supreme Court’s order meant that “North Carolina voters will now be able to vote in free and fair congressional elections this year.”He said that for now, the order signaled an end to “a decade of extreme Republican gerrymanders.”Still, the court’s three most conservative members — Justices Samuel A. Alito Jr., Clarence Thomas and Neil M. Gorsuch — said they would have blocked the North Carolina map because it was likely that the State Supreme Court had violated the Constitution in overriding the State Legislature.What to Know About RedistrictingRedistricting, Explained: Here are some answers to your most pressing questions about the process that is reshaping American politics.Understand Gerrymandering: Can you gerrymander your party to power? Try to draw your own districts in this imaginary state.Killing Competition: The number of competitive districts is dropping, as both parties use redistricting to draw themselves into safe seats.New York: Democrats’ aggressive reconfiguration of the state’s congressional map is one of the most consequential in the nation.Legal Battles: The U.S. Supreme Court let stand voting maps that had been approved by state courts in North Carolina and Pennsylvania, giving Democrats a temporary win.“There must be some limit on the authority of state courts to countermand actions taken by state legislatures when they are prescribing rules for the conduct of federal elections,” Justice Alito wrote.Justice Brett M. Kavanaugh filed a short concurring opinion agreeing that the question posed by the case was a substantial one. But he said the court should address it in the ordinary course rather than in response to an emergency application.Taken together, the two opinions suggested that there are four justices ready to add a case on the question to the court’s docket when it is next presented in a petition seeking the court’s review rather than on what critics call the court’s shadow docket. It takes four votes to grant such review.But it takes five votes to prevail. The swing vote would almost certainly belong to Justice Amy Coney Barrett.In a second order in the Pennsylvania case, the court provisionally turned down a similar application on technical grounds without noted dissent.The North Carolina Supreme Court had rejected a map drawn by Republican lawmakers that effectively gave their party at least 10 of the state’s 14 House seats, notwithstanding that voters statewide are roughly equally divided between the two parties.A three-judge panel of the state Superior Court in Raleigh instead adopted a new map drawn by a nonpartisan panel of redistricting experts that appeared to split North Carolina’s congressional districts roughly equally between Republicans and Democrats. It gave each party six relatively safe House seats and made the other two competitive.After the State Supreme Court refused to block that ruling, Republican state officials asked the U.S. Supreme Court to step in.In the Pennsylvania case, the State Supreme Court adopted a map that appears to give Republicans nine fairly safe seats and Democrats eight, according to an analysis by the nonpartisan Campaign Legal Center. Each party currently holds nine House seats, but Pennsylvania will lose a seat next year because of reapportionment after the 2020 census.Voters and a Republican candidate for the House sued state officials in federal court to challenge the new map. When they did not receive immediate relief, they asked the U.S. Supreme Court to intervene.Both emergency applications relied on the Elections Clause of the Constitution, which says “the times, places and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof.” That meant, the challengers argued, that the state legislature has sole responsibility for drawing congressional districts and that state courts have no role to play.“The question presented here,” North Carolina Republicans wrote in their application, “goes to the very core of this nation’s democratic republic: what entity has the constitutional authority to set the rules of the road for federal elections.”How U.S. Redistricting WorksCard 1 of 8What is redistricting? More

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      Florida Senate Passes Voting Bill to Create Election Crimes Agency

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      The bill would make Florida one of the first states to have a force dedicated to election crimes and voter fraud, despite such offenses being exceedingly rare.The Florida Senate passed a sweeping new bill overhauling the state’s electoral process, adding new restrictions to the state election code and establishing a law enforcement office dedicated solely to investigating election crimes.The bill, which passed 24-14, now goes to the state’s House of Representatives, where it could pass as soon as next week and land on the desk of Gov. Ron DeSantis, a Republican, who is expected to sign it. One Republican, State Senator Jeff Brandes, voted against it. A Democratic senator, Loranne Ausley, initially voted yes, but immediately posted on Twitter that she “pushed the wrong button” and has since changed her vote.Though Republicans in the state had passed another sweeping voting law in May of last year, Mr. DeSantis made election reform one of the top priorities for this legislative session as well. Both efforts come after the 2020 election in Florida was without any major issues, and Republicans in the state touted it as a “gold standard” for election administration.The legislation is poised to become the first major election-related bill to pass this year in a critical battleground state, and it would indicate no sign of cresting for the wave of new election laws, adding more restrictions to voting, that began last year — with 34 laws passed in 19 states.The core of the bill is the establishment of a permanent election crimes office within the Department of State, which would make Florida one of the first states to have an agency solely dedicated to election crimes and voter fraud, despite such offenses being exceedingly rare in the United States. An investigation last year by The Associated Press found fewer than 475 potential claims of fraud out of 25.5 million ballots cast for president in Arizona, Georgia, Michigan, Nevada, Pennsylvania and Wisconsin.The new office would assist the secretary of state’s office in investigating complaints and allegations, initiating their own independent inquiries and overseeing a voter fraud hotline. It would include an unspecified number of investigators, and Mr. DeSantis would also appoint at least one special officer in each of the regional offices of the State Department of Law Enforcement to investigate election crimes.The bill would also raise the penalties on those collecting and submitting more than two absentee ballots from a misdemeanor to a felony.Voting rights groups are worried that the continuing criminalization of the voting process could both frighten voters away from participating and leave election officials fearing prosecution over honest mistakes.“Involving law enforcement with this sort of vague mandate obviously creates issues and can have certainly a detrimental effect in terms of the ability of voters to cast ballots if they’re worried about law enforcement involvement,” said Daniel Griffith, the policy director at Secure Democracy USA, a nonpartisan organization focused on elections and voter access. “And it has a detrimental effect on election officials if they’re worried that there’s going to be law enforcement over their shoulder.”Previously, investigations into election fraud were handled by Florida’s secretary of state, the Department of Law Enforcement and the attorney general. Democrats argued that the bill effectively creates a new agency to do work that was done by existing agencies. The agency’s creation, Democrats say, is just a political ploy to signal that Florida and Mr. DeSantis are staying tough on an issue core to both the Republican base and to former President Donald J. Trump.“Why are we doing this?” said State Senator Lori Berman during debate on Friday. “The only thing I can think is that we’re motivated by the ‘Big Lie’ that the elections nationwide didn’t take place in a proper manner. But we know that is not true.”State Senator Travis Hutson, the sponsor of the bill and a Republican, defended it during debate on Friday, stating that having a dedicated force would both uncover more fraud and make the state able to handle more allegations.“We did have great elections, the governor mentioned that,” said Mr. Hutson. “But I would submit to you that we can always do better.”He added: “I will say there is no voter intimidation or no suppressing votes in this bill.”The new election office drew criticisms from some Republican members as well, who argued that it was unnecessary.“For 15 people to go after what is potentially a handful of complaints that will ultimately be substantiated is just absolutely almost comical,” said Mr. Brandes during debate on Friday, referring to suggestions from the executive branch that they assign 15 investigators to the office. “So I am not going to support this bill today.”Uniformed law enforcement officials have been used in the past to deter and suppress voters. In 1982, the Republican National Committee dispatched a group of armed, off-duty police officers known as the National Ballot Security Task Force to linger around New Jersey polling locations during a closely contested governor’s election. The Democratic National Committee sued, forcing the R.N.C. into a consent decree to ban such tactics.Those memories appeared to be still on the minds of lawmakers in the Florida legislature. During debate on Thursday, State Senator Victor Manuel Torres Jr. asked Mr. Hutson, the sponsor of the bill: “Will these individuals be in uniform or civilian attire?”Mr. Hutson responded that the current enforcement arm of the secretary of state dresses in civilian attire, and that members of the Florida Department of Law Enforcement are likely to be uniformed.In addition to the new Office of Election Crimes and Security, the bill adds other new restrictions to voting, including banning ranked-choice voting; raising the cap on fines of third-party registration groups from $1,000 to $50,000; extending a ban on private funding for election administration to include the “cost of any litigation”; and replacing references to “drop boxes” with “secure ballot intake stations.” More

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      Democrats Win Early Victory in Court Fight Over District Maps

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      A judge’s stance was good news for Democrats, who drew the maps that Republicans say are gerrymandered, but the case will proceed.A New York State judge indicated on Thursday that he would allow this year’s midterm elections to proceed using the state’s newly drawn district lines that heavily favor Democrats — rebuffing Republican requests to delay the election process while he considers whether the maps are an unconstitutional gerrymander.In a preliminary hearing in Steuben County Supreme Court, Justice Patrick F. McAllister, a Republican, said that even if he ultimately ruled that the maps were unconstitutional, it was “highly unlikely” that replacements could be ratified in a timely manner ahead of primaries in June and Election Day in November. That, in turn, would risk leaving the state without proper representation in Congress.“I do not intend at this time to suspend the election process,” the judge said. “I believe the more prudent course would be to allow the current election process to proceed and then, if necessary, allow an election process next year if new maps need to be drawn.”Justice McAllister’s conclusion delivered a sharp setback to state Republicans, who sued last month to try to stop the new congressional and State Senate lines drafted by the Democrat-controlled State Legislature from taking effect this year. The Republicans believe their party is well positioned to retake control of the House of Representatives in November, but every seat could count.The fresh New York boundaries would make that harder, giving Democrats an advantage in 22 of the state’s 26 congressional districts, while potentially cutting the current number of Republican House members from New York in half and effectively eating into gains won by redistricting measures in other states. Analysts have suggested the new State Senate lines could be just as favorable to Democrats, helping the party maintain its supermajority in Albany.What to Know About RedistrictingRedistricting, Explained: Here are some answers to your most pressing questions about the process that is reshaping American politics.Understand Gerrymandering: Can you gerrymander your party to power? Try to draw your own districts in this imaginary state.Killing Competition: The number of competitive districts is dropping, as both parties use redistricting to draw themselves into safe seats.New York: Democrats’ aggressive reconfiguration of the state’s congressional map is one of the most consequential in the nation.Legal Battles: A North Carolina court’s ruling to reject a G.O.P.-drawn map and substitute its own version further cemented the rising importance of state courts in redistricting fights.Legal analysts who study redistricting said that Justice McAllister or an appeals court could still conceivably rethink his approach, but a court-ordered delay to this year’s elections was an increasingly unlikely scenario, now that candidates have begun collecting petitions to get on the June primary ballot.“If I were a candidate, I think the smart bet is that the maps we have today are the maps that are going to be used in November,” said Michael Li, senior counsel for the Democracy Program at the Brennan Center for Justice. “There doesn’t seem to be the will to change them for this cycle.”Still, Republicans left the hearing room in Bath, N.Y., on Thursday with some reasons for optimism.Justice McAllister rejected motions to dismiss the case and indicated that he was open to arguments that the maps had violated language added to the New York Constitution in 2014 that barred mapmakers from drawing lines to benefit one political party or candidate.The judge also ordered Democrats to hand over a raft of documents by March 12 that might shed light on how the Democratic drafters settled on the lines, and he told both sides to appear a few days later to argue over the merits of the Republicans’ challenge.“The important thing here is that the court rejected all of the efforts by the State Legislature and the attorney general to dismiss the case,” said John J. Faso, a former congressman from New York who is serving as a spokesman for the Republican challengers — a group of New York residents backed by deep-pocketed national Republican groups.How U.S. Redistricting WorksCard 1 of 8What is redistricting? More