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    Democrats Win Early Victory in Court Fight Over District Maps

    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

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    How New York’s Redistricting Hurt the G.O.P. and Vax Daddy

    Democrats could potentially expand the veto-proof majorities they already have in both the Assembly and Senate, further solidifying New York’s leftward shift.ALBANY, N.Y. — When Huge Ma, better known in New York as Vax Daddy, shut down the website he built last year to help city residents make appointments to get a coronavirus vaccine, he realized there were other more established types of public service to pursue.So Mr. Ma, a Democrat, decided to run for State Assembly, building off the folk hero status he achieved during the pandemic, with a campaign centered on policy issues he cared about, including transportation and the climate crisis.But an unexpected twist led Mr. Ma to end his nascent campaign this month just as it was getting underway: When the state’s once-in-a-decade redistricting process was complete, his home was outside the Queens district he hoped to represent.“While I currently feel a great sense of disappointment,” Mr. Ma wrote on Twitter. “I remain open to representing my community in the future.”Mr. Ma’s race was just one of many that were shaken up by the State Legislature, which Democrats control, when it approved new legislative maps that will shape the balance of power in Albany for the next decade at least.The new district lines, which were approved last week, could help fortify Democratic dominance in the statehouse for years to come. They significantly increase the odds that Democrats will protect, and potentially expand, the veto-proof majorities they already command in both the Assembly and Senate, further solidifying New York’s leftward shift.Republicans contend that Democrats effectively engaged in partisan gerrymandering to keep their grip on power. The state legislative lines, along with new congressional maps, have been challenged in court by a group of voters organized by Republicans.Rob Ortt, the Republican leader in the State Senate, said in a statement that Democrats had drawn maps “behind closed doors, without considering input from thousands of communities of interest or holding a single public hearing.”“It is clear they are only concerned with holding onto their political power and cementing the disastrous one-party rule that has made New York less safe, less affordable and less populated,” he said.Robert Ortt, the Republican Senate minority leader, accused Democratic legislative leaders of partisan gerrymandering.Hans Pennink/Associated PressState Senator Michael Gianaris, a Democrat who helped lead redistricting efforts in the legislature, has argued that the maps are fair, legal and, in practice, unraveled the results of previous gerrymandering by Republicans.What to Know About Redistricting and GerrymanderingRedistricting, Explained: 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: State supreme courts in North Carolina and Ohio struck down maps drawn by Republicans, while the U.S. Supreme Court temporarily restored Alabama’s map.“You can’t sit here and say we were wrong, but leave the maps as they are right now,” he said on the Senate floor last week. “That just enshrines that bad behavior into the maps forever. If we’re going to fix the things that you did that were wrong, we have to fix them.”The maps will also play a pivotal role in Democratic primaries, with the new district lines benefiting some incumbents that left-wing hopefuls had seen as too moderate or entrenched in the party establishment.That appeared to be the case in Mr. Ma’s district, which is now represented by Assemblywoman Catherine Nolan, a high-ranking Democrat who has served for nearly four decades. The new lines for her district carved out parts of the Long Island City waterfront where some of her most likely challengers, including Mr. Ma, reside.Political observers said the new district lines could have benefited her in a primary, even though the revamped district includes portions of neighborhoods that might favor a more progressive candidate.But the race was again upended on Friday when Ms. Nolan, who was diagnosed with cancer last year, announced she would not seek re-election. The seat is now up for grabs, with a number of left-leaning candidates showing interest.“This obviously locks in the supermajorities, and means that the crux of New York State politics — for interest groups, for labor, for everyone — is going to be the ideological fight among Democrats in a primary,” said Matt Rey, a partner at the political consulting firm Red Horse Strategies. “New York is now moving to the California model.”Elsewhere in the 150-seat Assembly, which Democrats have controlled since 1975, some of the redrawn lines appear to offer additional protection for other incumbent party members. Others seemed to ensure that tossup races in key suburban areas — including Long Island’s North Shore, the Capitol Region and near Syracuse — remained competitive.The biggest changes, however, involve the State Senate, where Democrats controlled the redistricting process for the first time in decades after regaining a majority in the chamber in 2018.The new maps appear to improve Democrats’ chances of flipping at least three Republican-held Senate seats. In a reflection of New York City’s population growth and demographic changes, lawmakers shifted two upstate Senate districts to Brooklyn and Queens. Both are expected to be safe seats for Democrats.The new lines also give slight edges to Democratic incumbents in highly competitive districts, including on Long Island and in the Hudson Valley, before the November election, when all legislative seats will be on the ballot.Even so, Democrats’ recent gains in Albany are bound to be tested in significant ways this year, with Republicans — helped by President Biden’s flagging approval ratings and concerns about crime and inflation — poised to perform well in the congressional midterm elections and, potentially, in down-ballot races.In justifying the new maps, Mr. Gianaris and other Senate Democrats say the lines merely restore the proper balance of power after decades of Republicans drawing maps that maximize their waning influence in an increasingly Democratic state.The Senate minority leader, Michael Gianaris, left, said the new district lines corrected partisan lines drawn by Republicans.Hans Pennink/Associated PressSenate Democrats insist that their maps more closely follow the spirit of the law, creating districts with more uniform populations after a longstanding practice among Republicans of drawing fewer, highly populous districts downstate for Democrats, and more sparse ones in parts of the state where Republicans could be competitive.Democrats say another main objective was to unify and strengthen the voting power of so-called communities of interest — ethnic, racial or cultural groups with shared concerns — that they said Republicans had divided over decades to dilute Democrats’ power in the State Senate.How U.S. Redistricting WorksCard 1 of 8What is redistricting? 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    The Supreme Court Fails Black Voters in Alabama

    You know the Rubicon has been crossed when the Supreme Court issues a conservative voting rights order so at odds with settled precedent and without any sense of the moment that Chief Justice John Roberts feels constrained to dissent.This is the same John Roberts who in 1982, as a young lawyer in the administration of President Ronald Reagan, fought a crucial amendment to the Voting Rights Act of 1965; whose majority opinion in 2013 gutted one-half of the Voting Rights Act and who joined an ahistoric opinion last summer that took aim at the other half; and who famously complained in dissent from a 2006 decision in favor of Latino voters in South Texas that “it is a sordid business, this divvying us up by race.”Yes, that Chief Justice Roberts. What the 5-to-4 majority did was that far out of line.The unsigned order that drew the chief justice’s dissent Monday night blocked the decision by a special three-judge Federal District Court ordering the Alabama Legislature to draw a second congressional district in which Black residents constitute a majority. Alabama’s population is 27 percent Black. The state has seven congressional districts. The lower court held that by packing some Black voters into one district and spreading others out over three other districts, the state diluted the Black vote in violation of the Voting Rights Act.The Supreme Court will hear Alabama’s appeal of the district court order in its next term, so the stay it granted will mean that the 2022 elections will take place with district lines that the lower court unanimously, with two of the three judges appointed by President Donald Trump, found to be illegal.Chief Justice Roberts objected that the ordinary standards under which the Supreme Court grants a stay of a lower court opinion had not been met. “The district court properly applied existing law in an extensive opinion with no apparent errors for our correction,” he wrote. Justice Elena Kagan, joined by Justices Stephen Breyer and Sonia Sotomayor, also dissented in a more extensive opinion that accused the majority of using the court’s emergency “shadow docket” not only to intervene improperly on behalf of the state but also to change voting rights law in the process.This is no mere squabble over procedure. What happened Monday night was a raw power play by a runaway majority that seems to recognize no stopping point. It bears emphasizing that the majority’s agenda of cutting back on the scope of the Voting Rights Act is Chief Justice Roberts’s agenda too. He made that abundantly clear in the past and suggested it in a kind of code on Monday with his bland observation that the court’s Voting Rights Act precedents “have engendered considerable disagreement and uncertainty regarding the nature and contours of a vote dilution claim.” But in his view, that was an argument to be conducted in the next Supreme Court term while permitting the district court’s decision to take effect now.While the majority as a whole said nothing, Justice Brett Kavanaugh took it upon himself to offer a kind of defense. Only Justice Samuel Alito joined him. Perhaps the others — Justices Clarence Thomas, Neil Gorsuch and Amy Coney Barrett — chose not to sign onto his rude reference to Justice Kagan’s “catchy but worn-out rhetoric about the ‘shadow docket.’ ” Or perhaps his “To reiterate: The court’s stay order is not a decision on the merits” rang a little hollow when, as Justice Kagan pointed out, “the district court here did everything right under the law existing today” and “staying its decision forces Black Alabamians to suffer what under that law is clear vote dilution.”In other words, when it comes to the 2022 elections, for Black voters in Alabama the Supreme Court’s procedural intervention is the equivalent of a ruling on the merits.Or maybe the others couldn’t indulge in the hypocrisy of Justice Kavanaugh’s description of the standards for granting a stay. The party asking for a stay, he wrote, “ordinarily must show (i) a reasonable probability that this court would eventually grant review and a fair prospect that the court would reverse, and (ii) that the applicant would likely suffer irreparable harm absent the stay.”But wait a minute. Weren’t those conditions clearly met back in September when abortion providers in Texas came to the court seeking a stay of the Texas vigilante law, S.B. 8, which was about to go into effect? That law, outlawing abortion after six weeks of pregnancy and authorizing anyone anywhere in the country to sue a Texas abortion provider for damages, was flagrantly unconstitutional, and the law was about to destroy the state’s abortion infrastructure. But did Justice Kavanaugh or any of the others in Monday’s majority vote to grant the requested stay? They did not. Chief Justice Roberts did.It’s impossible not to conclude that what we see at work is not some neutral principle guiding the Supreme Court’s intervention but simply whether a majority likes or doesn’t like what a lower court has done. In his opinion, Justice Kavanaugh sought to avoid that conclusion by arguing that when it comes to election cases, the Supreme Court will more readily grant a stay to counteract “late judicial tinkering with election laws.” But there was no late “tinkering” here. The legislature approved the disputed plan in November, after six days of consideration, and the governor signed it. The district court conducted a seven-day trial in early January and on Jan. 24 issued its 225-page opinion. The election is months away — plenty of time for the legislature to comply with the decision.Disturbing as this development is, it is even more alarming in context. Last July, in a case from Arizona, the court took a very narrow view of the Voting Rights Act as a weapon against vote denial measures, policies that have a discriminatory effect on nonwhite voters’ access to the polls. That case, Brnovich v. Democratic National Committee, was brought under the act’s Section 2, which prohibits voting procedures that give members of racial minorities “less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice.” Justice Alito’s opinion for a 6-to-3 majority set a high bar for showing that any disputed measure is more than just an ordinary burden that comes with turning out to vote.It was an unusual case, in that Section 2 has much more typically been used as it was in Alabama, to challenge district lines as causing vote dilution. Obviously, at the heart of any Section 2 case is the question of how to evaluate the role of race. In its request for a stay, Alabama characterized the district court of having improperly “prioritized” race, as opposed to other districting factors, in ordering a second majority Black district. In response, the American Civil Liberties Union and the NAACP Legal Defense & Educational Fund, representing the Alabama plaintiffs, called this a mischaracterization of what the district court had actually done when it took account of the compactness and cohesion of the Black community and the history of white Alabama voters refusing to support Black candidates.Stripped to its core, Alabama is essentially arguing that a law enacted to protect the interests of Black citizens bars courts from considering race in evaluating a redistricting plan. Justice Kagan’s dissenting opinion contained a warning that granting the stay amounted to a tacit acceptance of that startling proposition. She said the stay reflected “a hastily made and wholly unexplained prejudgment” that the court was “ready to change the law.”The battle over what Section 2 means has been building for years, largely under the radar, and now it is front and center. The current Supreme Court term is all about abortion and guns. The next one will be all about race. Along with the Alabama case, Merrill v. Milligan, the Harvard and University of North Carolina admissions cases are also on the docket — to be heard by a Supreme Court that, presumably, for the first time in history, will have two Black justices, and all in the shadow of the midterm elections. The fire next time.Linda Greenhouse, the winner of a 1998 Pulitzer Prize, reported on the Supreme Court for The Times from 1978 to 2008. She is the author of “Justice on the Brink: The Death of Ruth Bader Ginsburg, the Rise of Amy Coney Barrett, and Twelve Months That Transformed the Supreme Court.”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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    Jan. 6 Was a Warning. Will Lawmakers Do Anything to Protect the 2024 Election?

    The transfer of political power is perhaps the most delicate moment in the life of a democracy. It follows an election which the party in power lost and its opponents won. Inevitably, feelings are raw, tempers are short, and mistrust can run high … all as control of the nation is changing hands.Because politics is how a self-governing society resolves its differences peacefully, it is essential that the rules of this transfer are as clear as they can be. If they are not, they can be exploited to create confusion and discord. In the extreme, as the world saw on Jan. 6, 2021, ambiguity on the page opens the door to bloodshed in the streets — exactly what the rules aim to avoid.This is why Republicans and Democrats in Congress are right to train their sights on fixing, at long last, the 135-year-old federal law that sets out the process for tabulating the electoral votes that decide who becomes president, known as the Electoral Count Act.Legal experts have been raising the alarm over the act for years. Its most consequential provision, dealing with Congress’s counting of electoral votes, is “a virtually impenetrable maze,” one scholar wrote in 2019. This was the provision that President Donald Trump, assisted by a posse of partisan lawyers, zeroed in on to encourage arguably unconstitutional behavior by Vice President Mike Pence and members of Congress, potentially criminal behavior by Rudy Giuliani and his dozens of fake electors, and obviously criminal behavior by hundreds of rioters who laid siege to the Capitol.It doesn’t matter whether any of these people actually believed the wild claims about how the Electoral Count Act works, if they had heard of it at all. The law’s confounding language created the space for a seductive narrative about a stolen election, and a legal path to take it back.More than a year later, Mr. Trump continues to lie about the law, revealing in the process his utter contempt for the most basic democratic principles. “Mike Pence did have the right to change the outcome, and they now want to take that right away,” Mr. Trump said late last month in a statement opposing E.C.A. reform. “Unfortunately, he didn’t exercise that power — he could have overturned the election!”No, he could not. Mr. Pence acknowledged as much on Friday. “I had no right to overturn the election,” he said. Yet that much should have been crystal-clear even before 2020. Since it wasn’t, and since Mr. Trump shows every indication of planning to run again in 2024, it is imperative that Congress clarifies the law now — before anyone casts a ballot in that election, and before knowing which party will be in charge of the Senate or the House of Representatives. It’s not hyperbole to say that American democracy is at stake.To understand the mess of the Electoral Count Act requires a brief history lesson. The law arose out of one of the most controversial elections in American history, the 1876 presidential race, a nail-biter with disputes over electoral votes in several states, leading to an ad hoc congressional commission that haggled for months and did not settle on a clear winner until days before the inauguration. Rutherford B. Hayes, who in the end was awarded the presidency over the Democrat, Samuel Tilden, wrote that “radical change” was needed immediately to prevent a similar battle from tearing the nation apart. Still a decade went by before Congress took action, and the law it ultimately passed confused more than it clarified.Today, three reforms matter above all: clearly defining the role and powers of the vice president, of Congress and of the states in electing the president. All three are central to achieving the fundamental goal, which is to ensure that voters, and not partisan political officials, get to choose their leader.Let’s take each of the players in turn.First, the vice president. Contrary to the self-serving fantasies of Mr. Trump and the lawyers who schemed with him, like John Eastman, the vice president’s role on Jan. 6 is a straightforward one. Starting at 1 p.m., the job is to open the envelopes and announce the electoral-vote counts from each state, in alphabetical order, then call for any objections. That’s it.She or he has no authority to unilaterally reject electors from the states. The law already lays out this process, but its outdated language is vague and should be clarified in a way that leaves no room for mischief.Next, Congress. The national legislature has many responsibilities, but sitting as a presidential-recount board is not one of them. Whenever a state submits a single, uncontested slate of electors, as all 50 states did in 2020, Congress’s job is to accept it. The problem is that the Electoral Count Act makes it easy to throw a wrench in the works by allowing objections to a state’s submission if only a single senator and a single representative sign on. This sets off hours of debate and delay — a recipe for chaos, as Senators Ted Cruz and Josh Hawley demonstrated with their grandstanding around baseless allegations about voting irregularities that had been rejected by every court to consider them.To avoid a repeat of this shameful and reckless behavior, Congress should raise the bar significantly — by requiring the assent of one-quarter or even one-third of both houses to lodge an objection, and a supermajority to sustain one. It should also strictly limit the grounds for raising an objection in the first place.What if a state submits two conflicting slates of electors? And what if the two houses of Congress disagree over which slate is valid? That’s a different sort of problem, and while it didn’t happen in 2020, it did in 1876 and could cause a major crisis again in 2024 — if, say, a Trump-aligned governor who believes that election was stolen refuses to certify a valid popular-vote count that favors the Democratic nominee, and instead authorizes his state’s Republican electors to cast their ballots for Mr. Trump. (Think that sounds crazy? Then you haven’t been listening to David Perdue, the former senator running for governor of Georgia.) In such a scenario, the Electoral Count Act needs to make it clear that Congress should accept the electors who were chosen in accordance with state law.This is where the courts, and especially the federal courts, play an essential role. The law should leave no doubt that judges — and not political actors — have the last word in resolving any vote-counting disputes that arise between Election Day and mid-December, when electors meet in state capitals to cast their ballots.Last, but far from least, are the states themselves. Under the Constitution, state legislatures have the authority to appoint their electors however they choose. They can let the voters do it, as all 50 states do today, or they can do it themselves, as many states did in the early years of the Republic. The key point is, there are no backsies. Once a legislature has settled on a method, it may not change its mind because it’s not happy with the results on Election Day. If a state uses the popular vote to appoint electors, it is required to count those votes fairly and accurately, and to appoint electors in line with the outcome. As the speaker of the Arizona House of Representatives said last week in rejecting a bill that would have given the legislature the power to overturn the popular vote, “We gave the authority to the people. And I’m not going to go back and kick them in the teeth.’’Yet there is a glaring loophole in the federal law: If a state fails to make a choice by its prescribed method on Election Day, the legislature may step in and do as it pleases. This provision, even older than the Electoral Count Act, was written to address a narrow set of scenarios specific to the mid-19th century. Today it only invites abuse, as state legislatures can try to spin any outcome they don’t like as a “failed” election.Congress needs to limit this provision to real “failures” — a major natural disaster, terrorist attack or some other catastrophe, and even then only if it is impossible to arrange for a popular election afterward.Electoral Count Act reform is not the voting issue Democrats were hoping to push through Congress. They are rightly furious with Senators Joe Manchin and Kyrsten Sinema, along with every Senate Republican, for thwarting two badly needed bills that would have attacked many forms of voter suppression and partisan gerrymandering. Still, the current push to reform the act, whose proponents include Senators Angus King, Amy Klobuchar, Susan Collins and Mitt Romney, is worth the effort — not only because it will help protect the integrity of the presidential election, but because it may well be the only reform with enough bipartisan support to pass in this polarized moment.If its essential components do pass, Democrats can take comfort in knowing that politicians and lawmakers will have a much harder time undermining a valid vote. Republicans, who like to talk about the importance of states’ rights in our federalist system, can be reassured that Congress will stay in its lane and leave the power to appoint electors with the states, where it belongs.None of this would be an issue, of course, if the United States simply counted up all the votes and saw who won. In 2020, over seven million more Americans chose Joe Biden than chose Mr. Trump, a resounding victory that would have been impervious to all the legally dubious shenanigans Mr. Trump and his allies tried to pull. Even in the closest election of the last half century, in 2000, the national popular-vote margin was more than half a million — far more than the margins of victory in all the disputed states of 2000 and 2020 combined.But as long as we have the Electoral College, the process needs to be as clear and as foolproof as possible. Making it so will not guarantee that things run perfectly. After all, a political movement that is categorically unwilling to accept electoral defeat can do a lot of damage. But just because we can’t plan for everything is not an excuse to do nothing. When you make the perfect the enemy of the good, you get neither.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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    Arizona Republicans Sought to Overturn Votes. Rusty Said No.

    The speaker of the Republican-controlled Arizona House — who supported Donald J. Trump in 2020 — just torpedoed a bill that would have let lawmakers reject the results of an election.It is a dark time in the life of the American experiment. The world’s oldest democracy, once assumed to be unbreakable, often appears to be coming apart at the rivets.From his Florida exile, a defeated leader, whose efforts to overturn the last election are still coming into view, is working to place loyalists in key offices across the country, and his followers are racing to install themselves at the controls of future elections.Yet in Arizona this week, the unlikeliest of characters just stepped forward with a palm raised to the forces of Donald J. Trump.When right-wing lawmakers there pushed a bill that would have given the Republican-controlled Legislature the power to unilaterally reject the results of an election and force a new one, Rusty Bowers said no.For decades, Bowers, the unassuming speaker of the Arizona House, has represented die-hard Republican beliefs, supporting the kinds of low-tax, limited-government policies that made the state’s Barry Goldwater a conservative icon.Bowers could have sat on the bill, letting it die a quiet death. Instead, he killed it through an aggressive legislative maneuver that left even veteran statehouse watchers in Arizona awe-struck at its audacity.“The speaker wanted to put the wooden cross right through the heart of this thing for all to see,” said Stan Barnes, a Republican consultant who has known Bowers for some 30 years.A line drawnThe bill’s sponsor, John Fillmore — who boasts of being the most conservative member of the Arizona State Legislature — told us in an interview that Bowers’s tactics amounted to saying: “I am God. I control the rules. You will do what I say.”But to the 69-year-old Bowers, a Mormon and father of seven who first entered politics in 1992, it was clearly a matter of something bigger than parliamentary procedure.By sending Fillmore’s legislation to not one but 12 committees, effectively dooming it, he was also sending an unmistakable message about the direction of his party — a G.O.P. that is unrecognizably different from what it was back when Goldwater-style conservatism itself represented an insurgency.Fillmore’s bill would have eliminated early voting altogether and mandated that all ballots be counted by hand.Voting Rights Lab, a nonprofit group that tracks election laws, called it “one of the most comprehensive attacks on nonpartisan election administration and voter access that we have seen.”Most troubling, to voting rights advocates and independent experts, was a provision that would have empowered the Arizona Legislature to “accept or reject the election results” and given a single elector the power to demand that a fresh election be held.And while the bill was never likely to become law, it was an expression of what Barnes called a “cathartic moment” for the Republican Party. “And I think Rusty is not excited about that,” he said.‘We gave the authority to the people’The Arizona dispute comes amid a national convulsion within the Republican Party, which has split into two unequal factions — the pro-Trump forces, who have rallied behind the former president’s calls to overturn the 2020 election, and a dwindling establishment, which has either avoided the subject or faced the wrath of Trump’s allies.On Friday, the Republican National Committee moved to censure Representatives Liz Cheney and Adam Kinzinger for serving on the congressional committee investigating the Jan. 6 riot at the U.S. Capitol. In so doing, the R.N.C. officially declared that the attack was “legitimate political discourse.”Bowers did not respond to multiple requests for an interview, but his public comments indicate a deep unease with how Trump and his base of supporters have promoted wild theories about election fraud and have pushed legislation that voting rights groups say amounts to an undemocratic, nationwide power grab.“We gave the authority to the people,’’ Bowers told Capitol Media Services, an Arizona outlet, earlier this week. “And I’m not going to go back and kick them in the teeth.’’Among Arizona political insiders, Bowers is known as a Renaissance man — an artist who’s equally comfortable rolling up his sleeves to fix a broken vehicle in the middle of the desert as he is painting landscapes in watercolor. A 2015 profile describes him as “a beekeeper and an orchardist” who once trekked to Mexico to live with a remote native tribe.“He has always struck me as independent, his own man,” Robert Robb, a columnist for The Arizona Republic, told us. “He’s a doctrinaire conservative on some things, but a pragmatic, conservative problem-solver on others. Very principled, straight-shooter, full of integrity.”Bowers, a libertarian-style conservative who came of age in Goldwater’s Republican Party, backed Trump in 2020. But he resisted calls after the election to overturn the results — dismissing his colleagues’ claims, which courts and independent experts have said are unfounded, that President Biden did not win Arizona fair and square.“As a conservative Republican, I don’t like the results of the presidential election,” he said in December 2020. “I voted for President Trump and worked hard to re-elect him. But I cannot and will not entertain a suggestion that we violate current law to change the outcome of a certified election.”The Arizona G.O.P.’s civil warBowers’s resistance to the shifting currents of Republican politics has made him a frequent target of the pro-Trump right.Last year, when he survived an attempt to recall him from the Legislature, he complained about the aggressive tactics of the Trump supporters behind it.​​“They’ve been coming to my house and intimidating our family and our neighborhood,” Bowers said, describing how mobile trucks drove by his home and called him a pedophile over a loudspeaker.He is term-limited, but his stance could revive efforts to oust him from the speakership — a move that would have national reverberations.Fillmore, who insisted he was willing to bargain over any aspects of his bill, said he was “disappointed that members of my caucus do not have the testicular fortitude” to stand up to Bowers.But he hinted at moves afoot to remove the speaker, whom he accused of sabotaging what he said was a good-faith effort to rein in voting practices that, in his view, have gone too far.“I’m an old-school person. I do not go calmly. I do not go quietly,” Fillmore warned. “I believe Republican voters are solidly in line with me.”Arizona political observers told us it was unlikely that the right wing of the Republican caucus could find a suitable replacement for Bowers, who has survived thus far through a combination of inertia and disorganization among his critics.Fillmore, who said he did not support Trump in 2016 and hadn’t spoken with him, said he had received death threats over the bill from people who accused him of racism for wanting, as he put it, to restore Arizona’s voting laws as they were when he grew up in the 1950s.He expressed his own fortitude pithily. “You know what, people?” he said. “Kiss my grits.”What to readThe Republican Party censured Representatives Liz Cheney and Adam Kinzinger, and called the events of Jan. 6 “legitimate political discourse.” Party leaders later said that the language didn’t apply to the attack on the Capitol, report Jonathan Weisman and Reid J. Epstein. Read the censure resolution here.Former Vice President Mike Pence told the Federalist Society today in Florida that “President Trump is wrong,” and that Pence “had no right to overturn the election.” Lisa Lerer reports that his remarks “offered his most forceful rebuke of Donald Trump.”Biden celebrated the Labor Department’s January jobs report today. Ben Casselman and Talmon Joseph Smith explain that the “overreaching message of the report was one of resilience in the face of a resurgent pandemic.”viewfinderIn Upper Marlboro, Md., President Biden signed an executive order on Friday requiring project labor agreements on many federal construction projects.Sarahbeth Maney/The New York TimesEye contact, with echoesOn Politics regularly features work by Times photographers. On Friday, Sarahbeth Maney caught President Biden looking up at three ironworkers, their legs hanging in the air, just before he signed an executive order benefiting construction trade unions. Here’s what she told us about capturing it:I like how all three of them are looking at Biden, and he’s looking at them. I was hoping there would be some sort of interaction. He thought it was fun. “You’re nuts,” he joked, comparing them to workers who were similarly situated at a job site when he got his first-ever union endorsement. It was a little offbeat moment that makes a speech a little more personal and interesting.They seemed like they were in their natural element. They looked really relaxed. Everyone in the crowd was sitting up very straight — very attentive, just like the men above — but down below, people had their phones out and were recording. When Biden signed the executive order, a lot of people stood up, which actually made it hard for me to take a picture — because their heads and phones were in the way.Is there anything you think we’re missing? Anything you want to see more of? We’d love to hear from you. Email us at onpolitics@nytimes.com. More

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    How N.Y. Democrats Are Leading a ‘Master Class’ in Gerrymandering

    The maps approved by Democrats in the New York State Legislature could lead their party to seize as many as three House seats from Republicans.Democrats across the nation have spent years railing against partisan gerrymandering, particularly in Republican states — most recently trying to pass federal voting rights legislation in Washington to all but outlaw the practice.But given the same opportunity for the first time in decades, Democratic lawmakers in New York adopted on Wednesday an aggressive reconfiguration of the state’s congressional districts that positions the party to flip three seats in the House this year, a greater shift than projected in any other state.The new lines would shape races in New York for a decade to come, making Democrats the favorites in redrawn districts currently held by Republicans on Long Island, Staten Island and in Central New York. They would also help tighten the party’s hold on swing seats ahead of what is expected to be a strong Republican election cycle, all while eliminating a fourth Republican seat upstate altogether.Legal and political experts immediately criticized the new district contours as a blatant and hypocritical partisan gerrymander. And Republicans, who were powerless to stop it legislatively in Albany, threated to challenge the map in court under new anti-gerrymandering provisions in New York’s Constitution, though it was unclear if they could prove partisan intent.Overall, the new map was expected to favor Democratic candidates in 22 of New York’s 26 congressional districts. Democrats currently control 19 seats in the state, compared with eight held by Republicans. New York is slated to lose one seat overall this year because of national population changes in the 2020 census.“It’s a master class in how to draw an effective gerrymander,” said Michael Li, senior counsel for the Democracy Program at the Brennan Center for Justice, which has also sounded alarms about attempts by Republicans to gerrymander and pass other restrictive voting laws.“Sometimes you do need fancy metrics to tell, but a map that gives Democrats 85 percent of the seats in a state that is not 85 percent Democratic — this is not a particularly hard case,” he said. Democratic leaders in Albany rejected the charge, saying they were confident that the new districts were entirely legal and largely wrought by adjusting for population shifts that favor their candidates.State Senator Michael Gianaris, the deputy majority leader and leader of a task force that drew the lines, said that mapmakers had been “very conscious of potential legal pitfalls” and “more than complied” with the extensive list of standards outlined by the state. He said the maps were fair.“It’s a dangerous game to prognosticate on how elections are going to turn out before they are held,” he said. “Voters have the final say in all these districts, but it shouldn’t surprise anyone in a state as deep blue as New York, the results would reflect the reality on the ground.”Understand Redistricting and GerrymanderingRedistricting, Explained: 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.New York: Democrats’ aggressive reconfiguration of the state’s congressional map is one of the most consequential in the nation.Texas: Republicans want to make Texas even redder. Here are four ways their proposed maps further gerrymandered the state’s House districts.Many of the party’s operatives and voters were less bashful in their support of gerrymandering, arguing that Democrats could not afford to take the high road when Republicans have shown no similar inclination.Both parties have weaponized redistricting for years in the larger battle for control of the House of Representatives, but Republicans recently have been more effective in doing so, based on their control of large states like Texas and Florida, and the decision by liberal bastions like California to adopt nonpartisan redistricting commissions to handle the process.On balance, their practices have also drawn greater legal scrutiny, often related to charges of racial gerrymandering. So far, state and federal courts have considered challenges to maps advanced by Republicans in several states, including Ohio, North Carolina and Alabama, and late last year the Justice Department sued Texas over new congressional maps that it said violated the Voting Rights Act’s protections for Black and Latino voters.At the same time, Republican-led states have attracted attention from the Justice Department after they advanced a series of new election laws making it more difficult to vote.In New York, the redistricting cycle began, perhaps naïvely, in the hopes that a bipartisan outside commission — approved by voters in 2014 — would deliver a balanced, common-sense map.Instead, the commission stuck to party lines and was unable to reach consensus last month, kicking control of the process back to the State Legislature, where Democrats have amassed rare supermajorities in recent years. Those majorities, plus control of the governorship, gave them the power for the first time in decades to draw maps as they saw fit.Democratic leaders swiftly released their own maps in a matter of days, forgoing any public hearings and largely keeping even their own members in the dark about the new lines until they became public.Wednesday’s vote fell mostly along party lines, as Democrats limited defections to narrowly pass the map in the Assembly, 103 to 45, and the Senate, 43 to 20.The Legislature planned to proceed as soon as Thursday to pass state legislative maps drawn by Democrats divvying up State Senate and Assembly districts. Most notably, they were expected to help solidify Democrats’ hold of the State Senate in an election year when Republicans are trying to reclaim a chamber they controlled for all but three years between the mid-1940s and 2019.Gov. Kathy Hochul, a Democrat, is widely expected to sign all the maps into law in the coming days.But Republicans were already taking steps on Wednesday to prepare a lawsuit challenging at least the congressional lines as unconstitutional in state court. Several good-governance groups in the state said they agreed with the Republicans’ view, though it was unclear if they would sign onto a suit.“The congressional maps are clearly unconstitutional under the new anti-gerrymandering provisions,” said John Faso, a former Republican congressman who is helping coordinate the effort between Albany Republicans and the National Republican Redistricting Trust. “There is a decent likelihood that there will be litigation as a result of it, but when and where I could not say.”Senator Michael Gianaris, the deputy majority leader, defended the Democrats’ redrawn maps as being fair and constitutional.Hans Pennink/Associated PressAny court case would likely hinge on how judges interpret language included in the same 2014 constitutional amendment that created the defunct redistricting commission and how Democrats actually arrived at their lines. The language has not previously been tested in court and says that districts “shall not be drawn to discourage competition” or boost one party or incumbent candidate over another.New York State courts have historically been reluctant to overturn plans passed by the Legislature. But Richard H. Pildes, a constitutional law professor at New York University, said that could change this year based on the new anti-gerrymandering language and the example set by other states’ courts that have grown more comfortable blocking gerrymandered plans.“The provision is written in a strict prohibitory language,” Mr. Pildes said. “Proving that was what actually took place will inevitably trigger these debates about were these lines drawn to preserve particular communities of interest or a range of legitimate purposes.”How U.S. Redistricting WorksCard 1 of 8What is redistricting? More

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    N.Y. Democrats Could Gain 3 House Seats Under Proposed District Lines

    A new map drawn by legislative leaders would reconfigure state congressional districts to benefit Democrats in their fight to maintain a grip on the House of Representatives.ALBANY, N.Y. — New York Democrats on Sunday proposed a redesign of the state’s congressional map that would be one of the most consequential in the nation, offering the party’s candidates an advantage in 22 of the state’s 26 House districts in this fall’s midterm election. Party leaders in Albany insisted that the redrawn districts were not politically motivated, and they appeared to be somewhat less aggressive than many Democrats had wanted and analysts had forecast.But the proposed lines promise to be a major boon for the party for a decade to come, beginning with a hard-fought national battle with Republicans this year for control of the House of Representatives. With President Biden’s agenda hanging in the balance, Democratic gains in New York could help offset those Republicans expect to rack up in red states like Texas, Florida and Georgia. “With the stroke of a pen they can gain three seats and eliminate four Republican seats,” said Dave Wasserman, a national elections analyst with the Cook Political Report, who called the proposed lines “an effective gerrymander” by Democrats.“That’s a pretty big shift,” he added. “In fact, it’s probably the biggest shift in the country.”The new lines give Democrats opportunities to pick up seats on Long Island, in upstate New York and in New York City, where Representative Nicole Malliotakis, a Staten Island Republican, would be drawn into a Democratic-leaning district. Republicans are likely to lose a fourth seat because New York, which had less population growth than some other states, must shed one district overall.The new boundaries will be in place for the next 10 years. Victor J. Blue for The New York TimesOther proposed changes could help shore up Democrats’ hold on swing districts on Long Island and in the Hudson Valley ahead of what is expected to be a punishing election season for the party overall.In 2014, New York State voters had empowered a bipartisan commission to draw the new districts, but the panel broke down on party lines and could not reach consensus. Its stalemate left it to Democratic leaders in Albany to redesign the map.“We did the best we could with a flawed process,” said State Senator Michael Gianaris, who chairs the legislative redistricting task force that took over the process from the commission. He added: “This is a very Democratic state, let’s start there. It’s not surprising that a fairly drawn map might lead to more Democrats getting elected.”Lawmakers plan to vote on the congressional map as soon as Wednesday. New maps for the State Senate and Assembly are also expected this week. Democrats dominate both houses, and the new maps offer the party a chance to maintain majorities, if not supermajorities, in the Legislature.Gov. Kathy Hochul, a Democrat, has indicated that she supports using the redistricting process to help her party and is likely to approve the maps if they pass both chambers.Republicans are expected to oppose them en masse, but have little power to stop them legislatively. They accused Democrats of undertaking a blatant and unconstitutional partisan gerrymander. Gov. Kathy Hochul is expected to approve the new map if the Legislature passes it. In the last redistricting, she lost her seat when her Buffalo area district became one of the most conservative in the state.Libby March for The New York TimesNick Langworthy, the chairman of the New York Republican Party, blasted the map as a “textbook filthy, partisan gerrymandering” and hinted that Republicans could challenge the proposed district as unconstitutional in court.“These maps are the most brazen and outrageous attempt at rigging the election to keep Nancy Pelosi as speaker,” he said, adding that Democrats “can’t win on the merits so they’re trying to win the election in a smoke-filled room rather than the ballot box.”Republicans were not the only interested parties alarmed by Democrats’ swift action. Lawmakers are poised to vote this week without convening a single public hearing, drawing the ire of good governance groups and community leaders. Even rank-and-file Democratic lawmakers only saw the proposed lines for the first time in the last few days, leading to last-minute changes.The redistricting stakes could scarcely be higher. Democrats control the House of Representatives by the thinnest of margins and are preparing for stiff challenges to their hold on Albany as well. Midterm elections are often difficult for the party in power, and with Mr. Biden’s approval rating at about 40 percent, Democrats are on the defensive.Around the country, battles over redistricting have become increasingly bare-knuckle, with high-stakes brawls between ruling Republicans and disempowered Democrats in North Carolina, Alabama and Ohio landing in state court. In some cases, the pitched battles reflect the tensions not just over party representation, but over race and voting rights at a time when states across the country are advancing laws concerning the right to vote: some expanding it, and others restricting it.How U.S. Redistricting WorksCard 1 of 8What is redistricting? More

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    Republicans Want New Tool in Elusive Search for Voter Fraud: Election Police

    Republicans in three states have proposed strike forces against election crimes even though fraud cases remain minuscule.WASHINGTON — Reprising the rigged-election belief that has become a mantra among their supporters, Republican politicians in at least three states are proposing to establish police forces to hunt exclusively for voter fraud and other election crimes, a category of offenses that experts say is tiny at best.The plans are part of a new wave of initiatives that Republicans say are directed at voter fraud. They are being condemned by voting rights advocates and even some local election supervisors, who call them costly and unnecessary appeasement of the Republican base that will select primary-election winners for this November’s midterms and the 2024 presidential race.The next round of voting clashes comes after the apparent demise of Democratic voting rights legislation in Washington on Thursday. It is a reminder that while the Democratic agenda in Washington seems dead, Republican state-level efforts to make voting harder show no sign of slowing down.Supporters say the added enforcement will root out instances of fraud and assure the public that everything possible is being done to make sure that American elections are accurate and legitimate. Critics say the efforts can easily be abused and used as political cudgels or efforts to intimidate people from registering and voting. And Democrats say the main reason Republican voters have lost faith in the electoral system is because of the incessant Republican focus on almost entirely imagined fraud.The most concrete proposal is in Florida, where Gov. Ron DeSantis asked the State Legislature last week for $5.7 million to create a 52-person “election crimes and security” force in the secretary of state’s office. The plan, which Mr. DeSantis has been touting since the fall, would include 20 sworn police officers and field offices statewide.Gov. Ron DeSantis asked the Florida Legislature for $5.7 million to create a 52-person “election crimes and security” force in the secretary of state’s office.Chris O’Meara/Associated PressThat was followed on Thursday by a pledge by David Perdue, the former Georgia senator who is a Republican candidate for governor, to create his own force of election police “to make Georgia elections the safest and securest in the country.” Mr. Perdue, who lost his Senate seat in 2020, claimed that Gov. Brian Kemp, a Republican who is seeking re-election, weakened election standards and refused to investigate claims of fraud following President Biden’s narrow win in the state.And in Arizona, a vocal supporter of former President Donald J. Trump’s lies about a stolen election, State Senator Wendy Rogers, has filed legislation to establish a $5 million “bureau of elections” in the governor’s office with the power to subpoena witnesses and impound election equipment.Ms. Rogers’s bill probably faces an uphill road in the Legislature, where Republicans are only narrowly in control and have been battered for their support of a widely ridiculed multimillion-dollar inquiry into 2020 election results. Prospects for the Florida and Georgia proposals are less clear.The proposals are the latest twist in a decades-long crusade by Republicans against election fraud that has grown rapidly since Mr. Trump’s election loss in 2020 and his false claim that victory was stolen from him.Mr. DeSantis took a tough line in November when he unveiled his proposal, saying that the new unit would chase crimes that local election official shrug at. “There’ll be people, if you see someone ballot harvesting, you know, what do you do? If you call into the election office, a lot of times they don’t do anything,” he said at an appearance in West Palm Beach.“I guarantee you this,” he added. “The first person that gets caught, no one is going to want to do it again after that.”None of the three states — and for that matter, none of the other 47 and the District of Columbia — reported any more than a minuscule number of election fraud cases after the 2020 races. Mr. DeSantis said after the 2020 vote that his was “the state that did it right and that other states should emulate.” The only notable hint of irregularity in Florida was the recent arrest on fraud charges of four men in a retirement complex north of Orlando. At least two of them appeared to be winter Floridians accused of casting ballots both there and in more frigid states to the north.Trump supporters gathered outside the Maricopa County Recorder’s Office in downtown Phoenix as ballots were counted in November 2020.Adriana Zehbrauskas for The New York TimesBut Mr. DeSantis and Mr. Perdue say their strike forces are still needed to root out other election irregularities and to bolster their constituents’ sagging faith in the honesty of the vote. The same rationale has powered so-called audits of election results and clampdowns on election rules by Republican-run legislatures across the country.Sweeping election-law revisions enacted by Florida and Georgia legislators last spring sharply limit the use of popular drop boxes for submitting absentee ballots, require identification to obtain mail-in ballots, make it harder to conduct voter-registration drives, and restrict or ban interactions — such as handing out snacks or water — with voters waiting in line to cast ballots.Mr. Trump comfortably won Florida by about 370,000 votes in 2020, and his narrow losses in Arizona and Georgia were confirmed by expert audits, recounts and even the notorious Cyber Ninjas inquiry into the vote in Maricopa County.“We don’t need further investigations into elections that are freely and fairly conducted,” said Alex Gulotta, the Arizona director of the advocacy group All Voting Is Local. “We’ve established that again and again and again. This is more pablum to the people who believe in fraud and conspiracy theories and lies that the last election was stolen.”Neither the new laws nor election autopsies appear to have shaken the conviction of many Trump supporters that the election system is suspect. Some scholars say they see the police forces as the latest bid by politicians to scratch that itch.Bids to curb so-called fraud are becoming standard for Republican candidates who want to win over voters, Barry Burden, the director of the Elections Research Center at the University of Wisconsin-Madison, said in an interview. “Whoever is the nominee in 2024, whether it’s Trump or anyone else, it will likely be part of their platform,” Mr. Burden said.The idea of an election police force is not new, even in the states where they are being proposed. In Georgia, Secretary of State Brad Raffensperger already oversees 23 investigators whose purview includes election irregularities, and an assistant state attorney general exclusively prosecutes crimes in elections, the judiciary and local governments. The Arizona attorney general manages a relatively new “election integrity” investigative unit, and Florida election violations are prosecuted by both state and local authorities, as is true in most states. More