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      Frances T. Farenthold, Liberal Force in Texas and Beyond, Dies at 94

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      Known as Sissy, she was an advocate for racial parity and women’s rights, and her name was placed in nomination for the vice presidency in 1972. Tragedy trailed her.The year was 1968, the place Corpus Christi, Texas. The scene was a victory party for a Democratic candidate, elected to the Texas House of Representatives the night before.At the party, a man approached Frances T. Farenthold, a prominent local resident.“Mrs. Farenthold,” he said, “I had the pleasure of voting for your husband yesterday.”“Thank you very much,” she replied. “But I think you’ll discover that you voted for me.”“Well, hell,” the man said, “if I’d known that, I never would have voted for you.”Ms. Farenthold, a politician, feminist, lawyer and human-rights advocate who died at 94 on Sunday at her home in Houston, became quite accustomed to incredulity on her election and long afterward during her half-century on the national stage.The victory that night of Ms. Farenthold, widely known by the childhood nickname Sissy, had been no small trick. On her election, she became the only woman in the 150-member chamber and one of just two in the Texas legislature. (The other, in the State Senate, was the Democrat Barbara Jordan, the eloquent Black lawyer who went on to serve in the United States House of Representatives from 1973 to 1979.)Throughout her career, Ms. Farenthold met with casual condescension — the news media perennially described her as a mother of four — and overt discrimination: As a legislator she was shut out of committee meetings held at an all-male private club in Austin.Yet during her two terms in the Texas House, from 1969 to 1973, she helped improve legislative transparency in the wake of a government stock-fraud scandal and spearheaded the passage of a state equal rights amendment.Ms. Farenthold being applauded after she was voted the first chairwoman of the National Women’s Political Caucus in 1973. Associated PressShe would earn renown far beyond her state, becoming, The Texas Observer wrote in 2007, “a near-cult symbol of the Texas that might be.”Ms. Farenthold was a two-time candidate for the Texas governorship, the first chairwoman of the National Women’s Political Caucus, a college president and a nominee for the vice presidency of the United States a dozen years before Geraldine A. Ferraro became the first to be chosen for that office by a major party.In 1975, a Newspaper Enterprise Association panel named Ms. Farenthold one of the 50 most influential women in America, along with Coretta Scott King; Gloria Steinem; Katharine Graham, the publisher of The Washington Post; and the congresswomen Bella Abzug and Shirley Chisholm.“Even by Texas standards, she is something big,” the Washington Post columnist David S. Broder wrote in 1972.Ms. Farenthold’s characteristic self-confidence seemed born of charmed circumstance: A child of privilege, she was educated at an elite private high school and an elite college; flourished in law school, where she was one of three women in a class of 800; successfully resumed her legal career after rearing her children; and was long married to a European nobleman.But as news articles often noted, she also exuded an air of sorrow. A “melancholy rebel,” the Texas journalist Molly Ivins called her.She had reason to be. For all her advantages, Ms. Farenthold had also known repeated, almost unfathomable loss.Daughter of a ‘Southern Belle’Mary Frances Tarlton was born in Corpus Christi on Oct. 2, 1926, to an eminent Democratic family. Her paternal grandfather, Benjamin Dudley Tarlton, had been a member of the Texas House and chief justice of what was then the Second Court of Civil Appeals, in Fort Worth.Her father, Benjamin Dudley Jr., was a district attorney; her mother, the former Catherine Bluntzer, was, as Ms. Farenthold described her, a “Southern belle.”Owing to the efforts of a slightly older brother, Benjamin Dudley III, to pronounce the word “sister,” the infant Mary Frances would be known to the end of her life as Sissy.When Sissy was 2, and Benjamin 3, he died from complications of surgery to remove a swallowed coin. Her parents’ grief suffused the household ever after, she said.Sissy had her own childhood struggles: She suffered from undiagnosed dyslexia and did not learn to read until she was nearly 10. “I’ll never forget wearing the dunce cap in the corner of the classroom,” Ms. Farenthold told People magazine in 1976.But exercising the forward momentum that would be a hallmark of her adult life, she made herself into a scholar. After attending the Hockaday School, a girls’ preparatory academy in Dallas, she entered Vassar at 16.At 19, having earned a bachelor’s degree in political science there, she enrolled in law school at the University of Texas, where her eyes were opened to gender inequality.“I had never heard of differences in income between men and women for the same work, or of women having difficulty getting into grad school,” Ms. Farenthold told The Christian Science Monitor in 1973. “But there the students would make bets on how long it would be before I would be married, and whether I would make it for six weeks.”She received her law degree in 1949 and joined her father’s firm in Corpus Christi. The next year she married George Edward Farenthold, a Belgian-born baron who became a Texas oilman.She forsook the law for more than a decade to rear their five children. Her father, however, continued to pay her bar association dues: He knew she would be back.In 1960, Ms. Farenthold’s 3-year-old son Vincent bled to death after a nighttime fall that went unheeded. Like several of the Farenthold children, he suffered from von Willebrand disease, a clotting disorder.“For years after that, if I heard a child cry, it would just tear me up,” she told Texas Monthly in 1992. Yet she was determined, she said, not to reprise her parents’ perpetual mourning.She returned to work in 1965, becoming the director of legal aid for Nueces County, of which Corpus Christi is the seat. The class and racial inequities she encountered there, she said, would catalyze her political career.“In our society we believe in attacking the powerless — punishing people for being poor and dependent and having to be supported by public funds, while powerful men are embezzling public money to make themselves rich,” Ms. Farenthold told The Guardian in 1973. “I want equal justice.”Voters Sent a WomanHer first House campaign was run on the slimmest of budgets. She refused to advertise on billboards in any case, because she believed they ravaged the landscape. Instead, her supporters fashioned campaign signs from coffin lids and affixed them to the roofs of cars.An opponent’s sign, meanwhile, read “Send a man to do a man’s job.”“No race could be as difficult as the one in ’68 was,” Ms. Farenthold told The Chicago Tribune in 1973, “because I was breaking the ice. No woman had run before in the south of Texas.”Yet on the strength of her reformist populism — she decried the business interests that she felt were running state government — she wonMs. Farenthold in 2009. The Texas journalist Molly Ivins called her a “melancholy rebel.” She had reason to be.Matt Carr/Getty ImagesIn her second term, Ms. Farenthold became known as a member of the Dirty Thirty, a bipartisan reformist group of state legislators convened in response to the Sharpstown scandal of 1971-72. In that scandal, senior government officials — among them Gus F. Mutscher Jr., the Democratic speaker of the state House, and Governor Preston E. Smith, also a Democrat — were accused of being allowed to buy stock under highly favorable terms through a Houston banker, Frank Sharp, in exchange for political favors.The Dirty Thirty (the name, proudly adopted, was an epithet hurled by an opponent) helped bring about greater transparency in state government proceedings, which had often been held behind closed doors with capricious record-keeping and little formal debate.In 1971, with Ms. Jordan and a House colleague, Rex Braun, Ms. Farenthold sponsored the Texas Equal Rights Amendment. The bill, which prohibited discrimination based on “sex, race, color, creed or national origin,” passed in both chambers. It was approved by voters in 1972.Ms. Farenthold unsuccessfully sought the governorship in 1972 and again in 1974. (The first woman to hold that post in Texas was Miriam A. Ferguson, in the 1920s and ’30s; the second was Ann W. Richards, from 1991 to 1995.)Ms. Farenthold earned 28 percent of the vote in the 1972 Democratic gubernatorial primary, finishing second to Dolph Briscoe Jr., a wealthy rancher, who failed to earn a majority. He prevailed in a runoff, went on to win the governorship and was re-elected in 1974.Three days after Ms. Farenthold’s runoff defeat, the body of her 32-year-old stepson, Randy Farenthold, from her husband’s prior marriage, was found in the Gulf of Mexico near Corpus Christi. His hands were bound and a concrete block was chained round his neck.The younger Mr. Farenthold, described in the press as a millionaire playboy, had been scheduled to testify in the federal trial of four associates alleged to have defrauded him of $100,000 in a money-laundering scheme reported to involve organized crime. (One of them, Bruce Bass III, was indicted in the murder in 1976 and received a 16-year sentence in a plea agreement the next year.)Her Name in NominationIn July 1972, at the Democratic National Convention in Miami Beach, Ms. Farenthold’s name was placed in nomination for the vice presidency by Ms. Steinem. The nomination was seconded by Fannie Lou Hamer, the African-American civil-rights activist.It was not the first time that a woman had been nominated for the vice presidency by a major party: Lena Springs, a Democrat, had her name placed in nomination in 1924, as did the Democrat Nellie Tayloe Ross four years later.But Ms. Farenthold was the first to garner significant support, earning votes from more than 400 delegates, enough to finish second, ahead of notables like Birch Bayh, Jimmy Carter, Edward M. Kennedy and Eugene McCarthy.“That was the first time I was supported because I was a woman,” she later said. “I had always been supported despite the fact.”(The winner was Thomas F. Eagleton, who would step down as George S. McGovern’s running mate after it was learned that he had been treated for depression. He was replaced by R. Sargent Shriver Jr.)Ms. Farenthold left electoral politics after her 1974 gubernatorial loss.“What I discovered,” she told The Texas Observer in 2007, “was that political office was a life of constant moral compromise. And I didn’t enter politics with the purpose of compromising my morality.”In 1976 she became the first woman to serve as president of Wells College, a small liberal-arts college, then for women only, in Aurora, N.Y. During her four-year tenure, she balanced its budget, expanded student recruitment and founded the Public Leadership Education Network, a national organization that prepares women for vital public-policy roles.As if in fealty to her Texas roots, Ms. Farenthold also studied the feasibility of enriching Wells’s coffers by tapping the vast reserves of natural gas that lay beneath the campus. In late 1980, after she had left, Wells College heeded her recommendation: It drilled — and struck gas.Returning to Texas, she practiced law in Houston and taught at the University of Houston and at Texas Southern University, a historically Black institution in the city.In 1989, her youngest child, Jimmy, disappeared, at 33. Jimmy, who was Vincent’s identical twin, was said never to have gotten over his brother’s death; by the time he was a young man he was addicted to drugs and drifting around Texas. Despite extensive searches, he was never found and is presumed dead. (The family held a funeral for him in 2005.)Ms. Farenthold’s marriage ended in divorce. She is survived by her son George Farenthold II, who said the cause of death was Parkinson’s disease; another son, Dudley; a daughter, Emilie C. Farenthold; a sister, Genevieve Hearon; three grandchildren; three great-grandchildren; and a step-grandson, Blake, the son of Randy Farenthold. A younger brother, Dudley Tarlton, was killed in a helicopter crash in 2003.(Blake Farenthold is a former Republican member of the U.S. House of Representatives from Texas who did not seek re-election in 2018 after it was revealed that he had paid $84,000 of taxpayers’ money to settle a sexual harassment suit against him.)Ms. Farenthold’s many laurels include a lifetime achievement award, named for Ms. Ivins, from the American Civil Liberties Union of Texas.Her work in later years included agitating for gay rights and against South African apartheid, the Iraq War and the torture of detainees at the United States military prison at Guantánamo Bay. She served as chair of the Institute for Policy Studies, a progressive think tank in Washington, and as a human-rights observer in El Salvador, Guatemala, Nicaragua, Iraq and elsewhere.There remained much to do — enough for a lifetime, as Ms. Farenthold made plain in a 2009 public-television interview.“I’ve always said,” she declared, “on the way to my funeral, if we passed a demonstration, I’ll probably jump out.” More

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      Republican Review of Arizona Vote Fails to Show Stolen Election

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      The much criticized review showed much the same results as in November, with 99 more Biden votes and 261 fewer Trump ones.PHOENIX — After months of delays and blistering criticism, a review of the 2020 election in Arizona’s largest county, ordered up and financed by Republicans, has failed to show that former President Donald J. Trump was cheated of victory, according to draft versions of the report.In fact, the draft report from the company Cyber Ninjas found just the opposite: It tallied 99 additional votes for President Biden and 261 fewer votes for Mr. Trump in Maricopa County, the fast-growing region that includes Phoenix.The full review is set to be released on Friday, but draft versions circulating through Arizona political circles were obtained by The New York Times from a Republican and a Democrat.Late on Thursday night, Maricopa County, whose Republican leaders have derided the review, got a jump on the official release by tweeting out its conclusions.“The county’s canvass of the 2020 General Election was accurate and the candidates certified as the winners did, in fact, win,” the county said on Twitter. It then criticized the review as “littered with errors and faulty conclusions.”Mr. Biden won Arizona by roughly 10,500 votes, making his victory of about 45,000 votes in Maricopa County crucial to his win. Under intense pressure from Trump loyalists, the Republican majority in the State Senate had ordered an autopsy of the county’s votes for president. The review was financed largely by $5.7 million in donations from far-right groups and Mr. Trump’s defenders.The draft reports implicitly acknowledged Mr. Biden’s victory, noting that there were “no substantial differences” between the new tally of votes and the official count by Maricopa County election officials. But they also claimed that other factors — most if not all contested by reputable election experts — left the results “very close to the margin of error for the election.”Among other alleged discrepancies, the reports claimed that some ballots were cast by people who had moved before the election, that election-related computer files were missing and that some computer images of ballots were missing.One expert and critic of the review who had seen a draft report of the findings called those red herrings.“The whole report just reflects on the Ninjas’ lack of understanding of Arizona election law and election administration procedures,” said Benny White, a Republican in Tucson who is an adviser on election law and procedures.It was not possible to determine whether the conclusions in the final version of the report being released on Friday would differ from those in the drafts. Mr. White said he had been told that some Republican Senate officials were unhappy with the findings.But if those findings stand, they would amount to a devastating disappointment for pro-Trump Republicans nationwide who have hoped the Arizona review would vindicate their belief that the presidency was stolen from him. For many loyalists, the investigation has been seen as the first in a string of state inquiries that would, domino-like, topple claims that Mr. Biden was legitimately in the White House.State Senator Wendy Rogers, a Republican who is among Arizona’s most ardent advocates of the stolen-election canard, posted on Twitter late on Thursday that the 110-page document was “simply a draft and is only a partial report,” and looked ahead to a hearing on Friday discussing the results. “Tomorrow we make history,” she wrote.On Thursday night, without acknowledging the findings of the draft reports that had been rippling across Arizona for half a day, the former president said in a statement, “Everybody will be watching Arizona tomorrow to see what the highly respected auditors and Arizona State Senate found out regarding the so-called Election!”Election experts said the inquiry run by Trump partisans with unrestricted access to ballots and election equipment failed to make even a basic case that the November vote was badly flawed, much less rigged.Critics said that would raise the bar for Republican politicians in Wisconsin and Pennsylvania who, under pressure from Mr. Trump and his supporters, have mounted their own Arizona-style investigations. Under similar pressure, the Texas secretary of state’s office on Thursday announced a “comprehensive forensic audit” of the results from four of the state’s largest counties.“If Trump and his supporters can’t prove it here, with a process they designed, they can’t prove it anywhere,” David Becker, the executive director of the Center for Election Innovation and Research, said on Thursday.In fact, the Republican inquiry may not be completely over. Senate investigators still want to examine Maricopa County computer servers for evidence of tampering, even though county officials insist they have had no connection to election machinery.In general, however, the report was a cap-gun ending to an inquiry whose backers hinted would turn up a cannonade of fraud.Republicans in the State Senate pushed for the inquiry in December, spurred in part by a daylong meeting with Rudolph W. Giuliani, Mr. Trump’s lawyer.The Republican president of the State Senate, Karen Fann, insisted that the review was a nonpartisan effort to reassure voters that the election had been well run, but faith in that pledge ebbed after she chose Cyber Ninjas, a firm with no prior experience in elections, to oversee the inquiry.The firm’s chief executive, Doug Logan, soon was shown to have suggested on Twitter that Mr. Biden’s victory in Arizona was illegitimate. Other firms and consultants hired for the inquiry also proved to have pro-Trump ties or were election conspiracy theorists.While the report’s authors declared that their monthslong review of votes in Maricopa County represented the “most comprehensive and complex election audit ever conducted,” the hand count of 2.1 million ballots and a review of voting machines and systems was plagued from the start by missteps and accusations of incompetence and partisan influence.Some elections officials said the draft reports offered an unlikely vindication of what they have been insisting for months: that Arizona ran a transparent, credible election in November.“The numbers match up,” said Adrian Fontes, who as county recorder oversaw the election in Maricopa County and is now a Democratic candidate for secretary of state.Mr. Fontes said some critiques and concerns raised in the report, such as the potential for duplicate votes, reflected a lack of knowledge about how the county conducts elections. Mr. Fontes said his office had put systems into place that reconciled in real time voter lists with records of who has voted.Trump’s Bid to Subvert the ElectionCard 1 of 4A monthslong campaign. More

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      Arizona's Election Review Inspires Copycat Efforts in Other States

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      The inquiry into the 2020 vote, derided as a badly flawed partisan exercise, has already spawned imitators in other states.WASHINGTON — Republicans in the Arizona Senate are expected on Friday to unveil the results of the deeply flawed review they ordered into Democratic election victories last November in the state’s largest county.The study, conducted by Republican loyalists and conspiracy theorists, some of whom previously had called the election rigged, has long since lost any pretense of being an objective review of the 2020 election. It focuses on the votes that saw President Biden narrowly win the state and elected a Democrat, Mark Kelly, to the U.S. Senate, and its origins reflect the baseless Republican claims of a stolen election.But regardless of the outcome, the effort in Arizona has already inspired copycat efforts in other states still poring over the results from an election nearly a year old. And it has become a way to keep alive false claims of fraud and undermine faith in the 2020 election and democracy itself.In Wisconsin and Pennsylvania, for example, Republican-dominated Legislatures have ordered Arizona-style reviews of the 2020 vote in their states, sometimes in consultation with the same conspiracy theorists behind the Arizona investigation.The speaker of the Wisconsin State Assembly, Robin Vos, ordered the inquiry in June days after former President Donald J. Trump lambasted the Legislature for not pursuing fraud claims. He expanded it in August, allotting $680,000 in tax dollars, a week after a private meeting with Mr. Trump. The Pennsylvania inquiry, announced in July, began in earnest last week with a demand for information on every voter in the state.David Deininger, a former Republican state representative and judge in Wisconsin who served on the state’s Government Accountability Board, said the stakes extended well beyond the 2020 election. “Because of the fanfare and notoriety of these investigations, people are beginning to lose confidence in the fairness and accuracy of election results,” he said.“I hate to point to the Jan. 6 riot in the Capitol,” he added, “but if people lose confidence in our elections, there will be more events like that.”An Arizona Senate spokesman, Mike Philipsen, said that a public briefing on the findings would be held on Friday at 1 p.m. Pacific time, and that a link to the full report would eventually be posted on the Senate Republican caucus website.Mr. Biden carried Maricopa County, home to Phoenix and six in 10 Arizona voters last November, by some 45,000 votes out of roughly 2.1 million cast. He won Arizona by 10,457 votes. Legitimate audits of the vote ordered by the Republican-controlled Maricopa County Board of Supervisors, which oversaw the election, have repeatedly found no evidence of fraud that could have tainted the results.“We’re at an inflection point,” said Chuck Coughlin, a Phoenix pollster and Republican political consultant who has been skeptical of the Arizona investigation. “When the results drop, I’ll be curious to see how the Legislature’s Republican leaders react to this, including the State Senate itself.”The 16 Republicans in the 30-member Senate unanimously supported the review when it was proposed in December. But at least two Republican senators have publicly renounced their backing, one using Twitter in July to accuse the Senate president, Karen Fann, also a Republican, of a “total lack of competence” in overseeing the inquiry.The inquiry has been dogged from its start by slipshod and sometimes bizarre conduct. The firms conducting it had essentially no prior experience in election work, and experts said their haphazard recounting of ballots guaranteed unreliable results. Election officials said security lapses raised the risk that voting equipment had been compromised. And some aspects of the investigation — checking ballots for secret watermarks, and for bamboo fibers that would suggest they were printed in Asia — were based on outlandish conspiracy theories.Recent developments have only heightened skepticism about the election review.In July, officials said the vote review had been largely financed by nearly $5.7 million in donations from nonprofits run by far-right figures and allies of Mr. Trump. But in late August, a court-ordered release of documents related to the inquiry disclosed that another $1 million had come from an escrow account controlled by Cleta Mitchell, a lawyer who advised Mr. Trump as he sought to subvert the election results.Ms. Mitchell was a participant in an infamous telephone conversation in January during which Mr. Trump urged Georgia’s secretary of state to “find” enough votes to overturn Mr. Biden’s win there, suggesting he could be guilty of “a criminal offense” if he did not.Although officials said Mr. Trump did not contribute to the escrow account, it remains unclear who did. An email among the released documents indicates that it came from a previously unknown group called the American Voting Rights Foundation, whose only known officer is an accountant who has managed money for Republican congressional campaigns and conservative political action committees.Cleta Mitchell, a lawyer who advised former President Donald J. Trump, controls an escrow account that has given $1 million to the election review in Arizona.Anna Moneymaker for The New York TimesOther documents show that the Arizona Senate signed two $50,000 contracts — to inspect voter signatures on mail ballot envelopes and images of all 2.1 million ballots in Maricopa County — with Shiva Ayyadurai, an election conspiracy theorist who is against vaccines and known in far-right circles as “Dr. Shiva.”And this week, The Arizona Republic reported that Doug Logan, the head of Cyber Ninjas, the firm the State Senate hired to oversee the investigation, had worked with allies and lawyers for Mr. Trump last winter as they sought to overturn Mr. Biden’s election victory.Trump’s Bid to Subvert the ElectionCard 1 of 4A monthslong campaign. More

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      Wisconsin Republican Defends Legitimacy of 2020 Election Investigation

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      The Wisconsin Republican leading the state’s partisan inquiry into the 2020 election results on Monday warned election clerks that they would face subpoenas if they did not cooperate and defended the investigation’s legitimacy by declaring that he was not seeking to overturn President Biden’s victory in the state.“We are not challenging the results of the 2020 election,” Michael Gableman, a conservative former State Supreme Court justice overseeing the investigation, argued in a video posted on YouTube. The inquiry, he said, “may include a vigorous and comprehensive audit if the facts that are discovered justify such a course of action.”The video from Mr. Gableman comes after he and Wisconsin’s Republican legislative leaders have faced increasing criticism from both their party’s far right and from Democrats. The right has accused Mr. Gableman of not doing enough to push lies about the 2020 election propagated by former President Donald J. Trump. Democrats have painted the $680,000 inquiry into the election as a waste of state resources and a distraction from other needed business. Mr. Gableman was assigned to look into Mr. Trump’s false claims that the state’s election was stolen from him by Robin Vos, the Republican speaker of the Wisconsin Assembly, nearly three months ago. The five-minute video released on Monday was the first extensive public statement Mr. Gableman has made outlining the scope and aim of his investigation.The Republicans’ continuing effort to re-examine the 2020 results in Wisconsin comes as Trump allies elsewhere have gone to great lengths to undermine Mr. Biden’s victory. Arizona Republicans are near the end of a monthslong review of ballots in Maricopa County. Pennsylvania Republicans last week approved subpoenas for driver’s license and partial Social Security numbers for every voter in the state. And 18 states, including Texas this month, have passed laws this year adding new voting restrictions.In recent weeks, Trump-allied conservatives in Wisconsin have shown public frustration at the pace and transparency of Mr. Gableman’s investigation. This month, a group led by David A. Clarke Jr., a former Milwaukee County sheriff who has been a prominent purveyor of false claims about the election, held a rally at the State Capitol in Madison to protest what it argued was insufficient devotion by Mr. Gableman and the state’s Republican leaders to challenging the 2020 results. Mr. Gableman said on Monday that his investigation would require the municipal officials who operate Wisconsin’s elections to prove that voting was conducted properly. He said local clerks would be required to obey any subpoenas he might issue.Election clerks in Milwaukee and Green Bay ignored previous subpoenas issued by the Republican chairwoman of the Assembly’s elections committee for ballots and voting machines. Mr. Vos had declined to approve those subpoenas.“The responsibility to demonstrate that our elections were conducted with fairness, inclusivity and accountability is on the government and on the private, for-profit interests that did work for the government,” Mr. Gableman said. “The burden is not on the people to show in advance of an investigation that public officials and their contractors behaved dishonestly.”Mr. Gableman added that he did not plan to release information to the public on a regular time frame but would do so when he found it appropriate.“My job as special counsel is to gather all relevant information and, while I will draw my own conclusions, my goal is to put everything I know and everything I learn before you, the citizen, so that you can make up your own mind,” he said.The chairman of the Wisconsin Democratic Party, Ben Wikler, said the Gableman video was evidence that state Republicans were at odds with one another over how far the election investigation should go.“Robin Vos and his far-right ‘investigator’ Michael Gableman are clearly upset that the most extreme fringe doesn’t think they’re going far enough to entertain conspiracy theories,” Mr. Wikler said. “They’re wasting taxpayer funds to serve the political interests of a small group of Republican insiders who want to erode the freedom to vote. It’s a sham, a waste of time and money, and it’s damaging our democracy.” More

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      Republicans Seek Pennsylvania Voters’ Personal Information in 2020 Review

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      Pennsylvania Republicans moved on Wednesday to seek personal information on every voter in the state as part of a brewing partisan review of the 2020 election results, rubber-stamping more than a dozen subpoenas for driver’s license numbers and partial Social Security numbers.The expansive request for personal information, directed at Pennsylvania’s Department of State and approved in a vote by Republicans on a State Senate subcommittee, is the first major step of the election inquiry. The move adds Pennsylvania to a growing list of states that have embarked on partisan-led reviews of the 2020 election, including a widely criticized attempt to undermine the outcome in Arizona’s largest county.Democrats in the State Senate pledged to fight the subpoenas in court, saying at a news conference after the vote on Wednesday that the requests for identifiable personal information were an overreach, lacked authority and potentially violated federal laws protecting voter privacy. “Senate Democrats, going forward, intend to take legal action against this gross abuse of power by filing a lawsuit, challenging in the courts, and to ask the courts to declare the Senate Republicans’ actions in violation of separation of power, as well as declaring that they had no authority to issue these subpoenas,” said State Senator Jay Costa, the minority leader.Democrats control several of the top offices in Pennsylvania — including those of governor, attorney general and secretary of state — and it was not immediately clear what legal basis they might have to challenge the subpoenas. Nor was it clear how the transfer of information would begin to take place, if it does proceed, or which people or entities involved in the review would control the information. While the review will be funded by taxpayers, its potential cost has yet to be revealed. The Department of State did not respond to requests for comment or issue a statement on the subpoenas. Josh Shapiro, the attorney general of Pennsylvania and a Democrat, vowed to fight the subpoenas as well. “There are legal consequences to turning over people’s private, personal information without their permission,” Mr. Shapiro said in an interview. “My office will not allow that to happen. And people can be assured that we will take whatever legal action necessary to protect their private personal information from this charade.”The subpoenas, 17 in all, also included a request for communications between state and county election officials. They did not include requests for election machines or equipment.But election experts still expressed worries about the amount of personal information being requested and the security risks, both to voters and to the electoral process, that could come with such a transfer of information. Such risks have grown increasingly common in partisan election reviews around the country. “That’s a really bad idea to have private information floating around in a Senate caucus,” said Marian K. Schneider, an elections lawyer for the A.C.L.U. of Pennsylvania. “And it’s really not clear how the data is going to be used, who’s going to be looking at it, who can have access, how it’s going to be secured. And it’s unclear to me why they even need the personally identifying information.” Republicans in several states have pursued similar reviews — misleadingly labeled “audits” to suggest an authoritative nonpartisan investigation — in the name of protecting “election integrity.” The reviews have often centered on baseless claims and debunked conspiracy theories about the presidential contest, spurred in part by the falsehoods promoted by former President Donald J. Trump and his allies.President Biden won Pennsylvania by more than 80,000 votes, and the results have been reaffirmed by the state’s Department of State.“The entirety of our proceedings today, issuing subpoenas, is based upon such a noncredible foundation,” said Anthony H. Williams, a Democratic state senator who represents an area near Philadelphia. He added that it was “very troubling and, in fact, leads us to darker days in this country, such as when hearings like these, during the McCarthy era, were held, where voices were silenced and liberties were denied, being bullied by the power of the government.”State Senator Jake Corman, the top Republican in the chamber, who approved the review last month, portrayed the investigation as merely trying to inform future legislation and lashed back at Democrats, asking what they were “scared of.”“All we’re doing is seeking facts, seeking information, so that we can make better public policy,” Mr. Corman said. When questioned by Democrats about why voters’ Social Security and driver’s license information was necessary for the investigation, State Senator Cris Dush, who is leading the review as chair of the Governmental Operations Committee, brought up unspecific and unfounded claims that ineligible voters had cast ballots in the Pennsylvania election. “Because there have been questions regarding the validity of people who have voted, whether or not they exist,” Mr. Dush said. “Again, we’re not responding to proven allegations, we are investigating the allegations to determine whether or not they are factual.” He continued: “If we have the sum errors within the voter registration system which allow for such activity, then we have a responsibility as a legislature to create legislation which will prevent that from happening in future elections.”A chief concern of Democrats, beyond the subpoenas, was which people or companies might gain access to the stockpile of personal information of the nearly seven million Pennsylvanians who cast a ballot in the 2020 election.State Senator Steven J. Santarsiero, a Democrat from the Philadelphia suburbs, pressed Mr. Dush on his selection process. Mr. Santarsiero asked specifically whether any of the vendors the Republicans are considering have ties to Sidney Powell, the lawyer who has popularized many false conspiracy theories about the 2020 election.“The answer to that is I really don’t know, because it is not something that is relevant to my determination,” Mr. Dush responded.“So it’s possible, then?” Mr. Santarsiero asked.“It is absolutely possible,” Mr. Dush said. More

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      How G.O.P. Election Reviews Created a New Security Threat

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      As Republicans continue to challenge the 2020 results, voting equipment is being compromised when partisan insiders and unvetted operatives gain access.Late one night in May, after surveillance cameras had inexplicably been turned off, three people entered the secure area of a warehouse in Mesa County, Colo., where crucial election equipment was stored. They copied hard drives and election-management software from voting machines, the authorities said, and then fled.The identity of one of the people dismayed state election officials: It was Tina Peters, the Republican county clerk responsible for overseeing Mesa County’s elections.How the incident came to public light was stranger still. Last month in South Dakota, Ms. Peters spoke at a disinformation-drenched gathering of people determined to show that the 2020 election had been stolen from Donald J. Trump. And another of the presenters, a leading proponent of QAnon conspiracy theories, projected a portion of the Colorado software — a tool meant to be restricted to election officials only — onto a big screen for all the attendees to see.The security of American elections has been the focus of enormous concern and scrutiny for several years, first over possible interference or mischief-making by foreign adversaries like Russia or Iran, and later, as Mr. Trump stoked baseless fears of fraud in last year’s election, over possible domestic attempts to tamper with the democratic process.But as Republican state and county officials and their allies mount a relentless effort to discredit the result of the 2020 contest, the torrent of election falsehoods has led to unusual episodes like the one in Mesa County, as well as to a wave of G.O.P.-driven reviews of the vote count conducted by uncredentialed and partisan companies or people. Roughly half a dozen reviews are underway or completed, and more are being proposed.These reviews — carried out under the banner of making elections more secure, and misleadingly labeled audits to lend an air of official sanction — have given rise to their own new set of threats to the integrity of the voting machines, software and other equipment that make up the nation’s election infrastructure.Election officials and security experts say the reviews have created problems ranging from the expensive inconvenience of replacing equipment or software whose security has been compromised to what they describe as a graver risk: that previously unknown technical vulnerabilities could be discovered by partisan malefactors and exploited in future elections.In Arizona, election officials have moved to replace voting machines in the state’s largest county, Maricopa, after conservative political operatives and other unaccredited people gained extensive access to them as they conducted a widely criticized review of the 2020 results. In Pennsylvania, the secretary of state decertified voting equipment in rural Fulton County after officials there allowed a private company to participate in a similar review.And in Antrim County, Mich., a right-wing lawyer publicized a video showing a technical consultant with the same vote tabulator the county had used — alarming county officials who said that the consultant should not have had access to the device or its software.Tina Peters, the clerk of Mesa County, Colo., during a news conference in June 2020.Mckenzie Lange/The Grand Junction Daily Sentinel, via Associated PressWhen such machines fall into the wrong hands — those of unaccredited people lacking proper supervision — the chain of custody is broken, making it impossible for election officials to guarantee that the machines have not been tampered with, for example by having malware installed. The only solution, frequently, is to reprogram or replace them. At least three secretaries of state, in Arizona, Pennsylvania and Colorado, have had to decertify voting machines this year.Far from urging panic, experts caution that it would be extremely difficult if not impossible to meddle with voting results on a nationwide scale because of the decentralized nature of American elections.But experts say that the chain of custody for election machines exists for good reason.Already this year, three federal agencies — the Justice Department, the Cybersecurity and Infrastructure Security Agency and the Election Assistance Commission — have issued updated guidance on how to handle election machines and preserve the chain of custody.“There are some serious security risks,” said J. Alex Halderman, a professor of computer science and engineering at the University of Michigan who studies election security. “Especially given the constellation of actors who are receiving such access.”Republicans say they are simply looking for the answers their constituents are demanding about the 2020 election.“This has always been about election integrity,” Karen Fann, the Republican leader of the Arizona Senate, which authorized that state’s election review, said in an interview posted on the state party’s website last month. “Nothing else. Absolutely nothing else. This is about making sure that our votes are counted.”Security experts say that election hardware and software should be subjected to transparency and rigorous testing, but only by credentialed professionals. Yet nearly all of the partisan reviews have flouted such protocols and focused on the 2020 results rather than hunting for security flaws.In Arizona, the firm chosen by the Republican-led Legislature, Cyber Ninjas, had no previous experience auditing elections, and its chief executive has promoted conspiracy theories claiming that rigged voting machines cost Mr. Trump the state. The company also used Republican partisans to help conduct its review in Maricopa County, including one former lawmaker who was at the Jan. 6 protest in Washington that preceded the Capitol riot..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-w739ur{margin:0 auto 5px;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-w739ur{font-size:1.25rem;line-height:1.4375rem;}}.css-1dg6kl4{margin-top:5px;margin-bottom:15px;}#masthead-bar-one{display:none;}#masthead-bar-one{display:none;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-1rh1sk1{margin:0 auto;overflow:hidden;}.css-1rh1sk1 strong{font-weight:700;}.css-1rh1sk1 em{font-style:italic;}.css-1rh1sk1 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#ccd9e3;text-decoration-color:#ccd9e3;}.css-1rh1sk1 a:visited{color:#333;-webkit-text-decoration-color:#ccc;text-decoration-color:#ccc;}.css-1rh1sk1 a:hover{-webkit-text-decoration:none;text-decoration:none;}In Wisconsin, the Republican Assembly speaker, Robin Vos, is pushing for a review of the 2020 results to be led by a former State Supreme Court justice who claimed in November that the election had been stolen. And in Pennsylvania, the Republican leader of the State Senate has announced hearings that he likened to a “forensic investigation” of the election, saying it could include issuing subpoenas to seize voting machines and ballots.Christopher Krebs, the former head of the federal Cybersecurity and Infrastructure Security Agency, said such reviews could easily compromise voting machines. “The main concern is having someone unqualified come in and introduce risk, introduce something or some malware into a system,” he said. “You have someone that accesses these things, has no idea what to do, and once you’ve reached that point, it’s incredibly difficult to kind of roll back the certification of the machine.”Decertifying machines effectively means replacing them, often in a hurry and at great cost. Philadelphia’s elections board rejected an earlier G.O.P. request for access to the city’s election machines, saying it would cost more than $35 million to buy new ones.In Arizona, Secretary of State Katie Hobbs, a Democrat, told Maricopa County in May that her office would decertify 385 machines and nine vote tabulators that had been handed over for the G.O.P.-led election review.“The issue with the equipment is that the chain of custody was lost,” Ms. Hobbs said in an interview. “The chain of custody ensures that only authorized people have access to it, so that that vulnerability can’t be exploited.”Pulling compromised machines out of service and replacing them is not a foolproof solution, however.The equipment could have as-yet-undiscovered security weaknesses, Mr. Halderman said. “And this is what really keeps me up at night,” he said. “That the knowledge that comes from direct access to it could be misused to attack the same equipment wherever else it’s used.”A polling place in Philadelphia in November. Subpoenas could be issued to seize voting machines and ballots as part of a Republican-led investigation into Pennsylvania’s results in the 2020 election.Kriston Jae Bethel for The New York TimesAs an example of his concerns, Mr. Halderman pointed to Antrim County in northern Michigan, where, months after a court-ordered forensic audit in the county, a lawyer involved with the case who has frequently shared election conspiracy theories still appeared to have access to a Dominion Voting Systems ballot-scanning device and its software.The lawyer, Michael DePerno, posted a video from a conservative news site featuring a technical consultant who went to elaborate and highly implausible lengths to try to show that votes in the county — which Mr. Trump carried by a wide margin — could have been switched. (County officials said this could not have happened.)The device and its software are only supposed to be in the possession of accredited officials or local governments. “I was shocked when I saw they had a tabulator in their video,” said Sheryl Guy, the county clerk, who is a Republican.Neither Mr. DePerno nor Dominion Voting Systems responded to requests for comment.Easily the most bizarre breakdown of election security so far this year was the incident in Mesa County, Colo.The first sign of suspicious activity surfaced in early August, when a conservative news site, Gateway Pundit, posted passwords for the county’s election machines, the result of a separate breach in the county from the same month.A week later, the machines’ software showed up on large monitors at the South Dakota election symposium, organized by the conspiracy theorist Mike Lindell.Jena Griswold, the Colorado secretary of state, said her office had concluded that the passwords leaked out when Ms. Peters, the Mesa County clerk, enlisted a staff member to accompany her to and surreptitiously record a routine voting-machine maintenance procedure. Gateway Pundit published the passwords a week before the gathering in South Dakota.Ms. Griswold’s office is investigating and has said that Ms. Peters will not be allowed to oversee elections in November.Ms. Peters, who has called the investigation politically motivated, did not respond to repeated requests for comment. In an online interview with Mr. Lindell, the chief executive of MyPillow, she admitted to copying the hard drives and software but insisted she had simply backed them up because of some perceived but unspecified threat to the data. She also cited unfounded conspiracy theories about Dominion equipment.“I was concerned that vital statistics and information was being deleted from the system or could be deleted from the system, and I wanted to preserve that,” she said.But she flatly denied leaking the passwords or software. “I did not post, did not authorize anyone to post, any election data or software or passwords online,” she said.Even so, the secretary of state’s office said that Colorado counties had never been advised to make copies of their election machines’ hard drives.“It is a serious security breach,” Ms. Griswold said in an interview. “This is election officials, trusted to safeguard democracy, turning into an internal security breach.”The local district attorney has opened a separate inquiry into the episode and is being assisted by the F.B.I. and the Colorado attorney general’s office. Ms. Griswold, a Democrat, said she had also alerted the Cybersecurity and Infrastructure Security Agency.But Ms. Griswold said she worried that with so many Republican leaders “leaning into the big lie,” the risks of what she called an “insider security issue” were growing.“I think it’s incredibly time-sensitive that elections are set up to guard both from external and internal threats,” she said. More

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      As Washington Stews, State Legislatures Increasingly Shape American Politics

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      From voting rights to the culture wars, state legislatures controlled by Republicans are playing a role well beyond their own state borders.With the release of the 2020 census last month, the drawing of legislative districts that could in large part determine control of Congress for the next decade heads to the nation’s state legislatures, the heart of Republican political power.Increasingly, state legislatures, especially in 30 Republican-controlled states, have seized an outsize role for themselves, pressing conservative agendas on voting, Covid-19 and the culture wars that are amplifying partisan splits and shaping policy well beyond their own borders.Indeed, for a party out of power in Washington, state legislatures have become enormous sources of leverage and influence. That is especially true for rural conservatives who largely control the legislatures in key states like Wisconsin, Texas and Georgia and could now lock in a strong Republican tilt in Congress and cement their own power for the next decade. The Texas Legislature’s pending approval of new restrictions on voting is but the latest example.“This is in many ways genuinely new, because of the breadth and scope of what’s happening,” said Donald F. Kettl, a scholar of state governance at the University of Texas at Austin. “But more fundamentally, the real point of the spear of Trumpism is appearing at the state and local level. State legislatures not only are keeping the flame alive, but nurturing and growing it.”He added that the aggressive role played by Republican legislatures had much further to run.“There’s all this talk of whether or not Republicans are a party that has any future at this point,” he said, “but the reality is that Republicans not only are alive and well, but living in the state legislatures. And they’re going to be pushing more of this forward.”The next battle, already underway in many states, is over the drawing of congressional and state legislative districts. Republicans control 26 of the legislatures that will draw political maps, compared with 13 for Democrats. (Other states have nonpartisan commissions that draw legislative districts, or have just one seat.)Democrats have embraced their own causes, passing laws to expand voting rights, raise minimum wages and tighten controls on firearms in the 18 states where they control the legislatures.But Republican legislatures are pursuing political and ideological agendas that dwarf those of their opponents. This year’s legislative sessions have spawned the largest wave of anti-abortion legislation since the U.S. Supreme Court’s Roe v. Wade decision in 1973. Many Republican legislatures have seized power from Democratic-leaning cities and counties on issues including policing, the coronavirus and tree preservation. They have made base-energizing issues like transgender rights and classroom teaching on race centerpieces of debate.Most important, they have rewritten election and voting laws in ways that largely hinder Democratic-leaning voters and give Republicans more influence over how elections are run — and, critics say, how they are decided. And in some states, they are eyeing their own versions of the Arizona State Senate’s brazenly partisan review of the 2020 vote, a new and, to many, dangerous attack on the nonpartisan underpinnings of American elections.Anti-abortion demonstrators outside the Texas State Capitol in Austin in May.Sergio Flores/Getty Images One reason for the new activism is obvious: With Republicans out of power in Washington and Congress largely gridlocked, states are the party’s prime venues for setting policy.“I don’t know how long it’s been since Congress has even passed a budget,” said Bryan Hughes, a Republican state senator who sponsored Texas’ latest voting bill. “So yes, clearly more responsibilities have fallen to states.”Many Democratic legislators say Republicans are shirking those responsibilities.“We’re one of four states with no pre-K education,” said State Representative Ilana Rubel, an Idaho Democrat. “We have a major housing crisis. We have a property-tax crisis. Those were the things we thought would be discussed. Instead, we found ourselves in a Fox News fever dream where all they wanted to do was get into these manufactured crises at the national level.”The national role being played by state legislatures reflects in part the sorting of Americans into opposing partisan camps. Thirty years ago, 15 of the 50 state legislatures were split between Republican and Democratic control. Today, only Minnesota’s House and Senate are divided.And the system favors partisanship. Few pay attention to state assembly races, so roughly four in 10 seats nationwide are uncontested in general elections, said Gary Moncrief, a co-author of the standard work on state politics, “Why States Matter.”“That means the real decisions are made in the primaries,” he said, where voters tend to be hard-liners.Gov. Tate Reeves signed a bill in March that would bar transgender athletes from competing on female sports teams.Rogelio V. Solis/Associated PressAt first blush, state assemblies seem ill-suited to wield influence. Most are part-time affairs run by citizen lawmakers. But the minor-league image is not entirely deserved. State lawmakers control $2 trillion a year in spending and have a plate of issues, from prisons to schools to the opioid crisis, that can get lost in the whir of Washington politics.And increasingly, top Republican strategists and well-funded conservative groups like the American Legislative Exchange Council, or ALEC, have poured in money and resources and policy prescriptions, figuring that legislation with no chance of getting through Congress could sail through friendly statehouses.“From where I stand, they have a far greater impact on the life of ordinary citizens than Congress,” Tim Storey, the executive director of the National Conference of State Legislatures, said of the state-level bodies.If there is one area where state legislatures have the potential to shape the nation’s politics to a degree that goes well beyond established boundaries, it is voting.Following former President Donald J. Trump’s false claims of a stolen election, at least 18 states tightened voting rules, often in ways that most affect Democratic-leaning constituencies. Contractors examined and recounted ballots as part of an audit ordered by the Arizona Senate in Phoenix in May.Pool photo by Matt YorkMost glaringly, they also gave the party more power over the mechanisms of administering elections and counting ballots. Arkansas empowered the State Elections Board to investigate local elections and “take corrective action” against suspected irregularities, purportedly to give Republicans a fair shake. Iowa and other states would levy fines and even criminal penalties for missteps by local election officials, raising concerns that punishments could be used for partisan gain.Georgia’s legislature gave itself control over most appointments to the State Election Board and allowed it to investigate and replace local election officials. Already, lawmakers are seeking an inquiry in Fulton County, a Democratic stronghold, although procedural hurdles in the law raise questions about how easily it could be used for partisan ends.The legislature also gave elected county commissioners sole power to appoint local election board members, a change that has already enabled the removal of at least 10 members of those boards, most of them Democrats.Republicans say they are seeking to deter fraud and ensure that elections are better run. Many experts and most Democrats call the laws worrying, given efforts by G.O.P. legislators and officials in at least 17 states to halt or overturn the election of President Biden and their continuing calls for often partisan ballot reviews of long-settled elections. Many fear that such failed tactics are being retooled to succeed as early as 2024.“That is the absolutely last step toward an authoritarian system,” said Thomas E. Mann, a co-author of two books about the implications of Republicans’ rightward drift, “and they’re just hellbent on getting there.”The Republican speaker of the Georgia House of Representatives, David Ralston, rejected that. Claims that his state’s laws open back doors to sway election results, he said, amount to “hysteria.”Compared to voting laws in Democratic bastions like New York or Delaware, he said, “we’re much more ahead of the game.” And while Republican claims of fraud dominated Georgia’s 2020 elections, he noted that the voting rights advocate Stacey Abrams, who ran as a Democrat, had also refused to accept her loss in the 2018 race for governor, claiming voter suppression.Democrats from the Georgia House protested a restrictive voting law outside the State Capitol in March.Nicole Craine for The New York TimesLawmakers also pushed through legislation overriding or banning actions by local officials, generally urban Democrats. Among the targets were measures like mask requirements and proposals to reduce police department budgets in response to last summer’s unrest.Some see brakes on how far to the right Republican legislatures can go.Opponents are already taking the latest Republican initiatives to court. The federal Justice Department has sued to block portions of Georgia’s new voting law and has warned that partisan meddling with election reviews like the one in Arizona risk violating federal laws.Lawyers for Democrats and voting-rights advocates are taking aim at other voting measures. And in some states, Democratic governors like Roy Cooper of North Carolina are serving as counterbalances to Republican legislatures.“This state would look very, very different if Roy Cooper had not been governor,” said Christopher Cooper, a scholar of state politics at Western Carolina University, who is not related to the governor. “He’s vetoed more bills than any governor in North Carolina history.”Others doubt vetoes and court decisions will settle much. “I don’t see any solution from litigation,” said Richard Briffault, a Columbia University expert on state legislation. “If there’s going to be a change, it’s going to be through the political process.”And some say legislatures have the power to enact policy and a base that revels in what a few years back seemed like overreach. Why would they stop?“This has become the new normal,” said Trey Martinez Fischer, one of the Texas Democrats who fled the state in July to block passage of the restrictive voting bill. “And I would expect, with a Biden administration and a Democratic Congress, that we’re likely to see more.”Nick Corasaniti contributed reporting. More

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      How a Defunct Federal Provision Helped Pave the Way for New Voting Restrictions

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      Curbs on drop boxes, tougher ID requirements and purges of voter rolls would have been weakened, or never even passed, if a federal oversight system had been in place.Georgia toughened identification requirements for absentee voting. Arizona authorized removing voters from the rolls if they do not cast a ballot at least once every two years. Florida and Georgia cut back sharply the use of drop boxes for mail-in ballots.All of these new voting restrictions would have been rejected or at least softened if a federal civil rights protection from the 1960s were still intact, experts in election law said.For decades, the heart of the landmark Voting Rights Act of 1965 was a practice known as preclearance, largely detailed under Section 5 of the statute. It forced states with a history of racial discrimination to seek approval from the Department of Justice before enacting new voting laws. Through preclearance, thousands of proposed voting changes were blocked by Justice Department lawyers in both Democratic and Republican administrations.In 2013, however, Section 5 was hollowed out by the Supreme Court, as Chief Justice John G. Roberts Jr. wrote in a majority opinion that racial discrimination in voting no longer constituted a significant threat.As Republican-led state legislatures have tightened voting rules after the 2020 election, new restrictions have been enacted or proposed in four states that are no longer required to seek approval before changing voting laws: Georgia, Arizona, Texas and Florida. Those new restrictions would almost certainly have been halted, stalled or altered had Section 5 still been in use, according to interviews with former federal prosecutors and a review by The New York Times of past civil rights actions by the Justice Department.“There’s nothing subtle about what they’re trying to do,” said Tom Perez, the former head of the Justice Department’s civil rights division and a former chairman of the Democratic National Committee. “If Section 5 were still around, those laws would not see the light of day.”The restoration of preclearance is now at the center of a debate in Congress over the passage of federal voting legislation.On Tuesday, the House passed the John Lewis Voting Rights Advancement Act, which would restore preclearance in several states, among other changes. Attorney General Merrick B. Garland has urged Congress to revive preclearance, but Senate Republicans oppose such a move, and a filibuster in the Senate threatens to sink the bill before it can reach President Biden’s desk.President Lyndon B. Johnson greeted Martin Luther King Jr. after signing the Voting Rights Act into law in August 1965.Lyndon B. Johnson LibrarySection 5 covered nine states — Alabama, Alaska, Arizona, Georgia, Louisiana, Mississippi, South Carolina, Texas and Virginia — and several counties in New York, Florida, California, South Dakota and North Carolina.Many changes sailed through the Department of Justice during the years of preclearance. Still, thousands of proposed voting laws and rules were found to be discriminatory. From January 1982 to July 2005, Justice Department lawyers filed 2,282 objections to 387,673 proposed voting changes under Section 5, according to a study by the University of California, Berkeley, School of Law.Again and again this year, states have enacted voting restrictions that closely track measures that were flagged and rejected years ago under preclearance.In Georgia, a law that toughened ID requirements for absentee voting will have a disproportionate effect on Black voters, who make up about a third of the electorate. More than 272,000 registered voters lack the forms of identification that are newly required to cast absentee ballots, according to a study by The Atlanta Journal-Constitution. More than half of them are Black.“If you have a voter-ID law where a lot of people don’t have one of the IDs, that’s a red flag,” said Jon Greenbaum, chief counsel for the Lawyers’ Committee for Civil Rights Under Law and a former voting rights lawyer for the Justice Department under the Clinton and George W. Bush administrations.Mr. Perez, the head of the civil rights division from 2009 to 2013, recalled an Arizona bill that proposed barring third parties from dropping off absentee ballots on behalf of voters. The Navajo Nation protested that some of its communities were hours from the nearest mailbox, making the act of voting by mail an arduous one.The Justice Department pushed back at Arizona lawmakers in preclearance. “We asked them a series of very pointed questions because we had real concerns that it was discriminatory, and they withdrew it,” he said. “As a result of the questions we asked, Section 5 worked in that case. But once Section 5 was emasculated in 2013, they had free rein to enact it.”That bill, Mr. Perez noted, was similar to a new Arizona ban on ballot collection upheld in a recent Supreme Court decision.Republicans across the country have defended the new voting laws and denied they are restrictive, often repeating the mantra that the laws make it “easier to vote, harder to cheat.”Gov. Brian Kemp of Georgia called a Justice Department lawsuit over the state’s new ID requirements “disgusting” and a “politically motivated assault on the rule of law.”Republicans do not dispute that the current Department of Justice, under Mr. Garland, would have challenged the new laws under Section 5. But they argue that the Biden administration is focusing on the politics of voting rights and not on the merits of the laws.“Laws that would have likely been precleared in a previous Democratic administration would be easily objected to by the current Biden administration,” said Justin Riemer, the chief counsel at the Republican National Committee.He added: “And it is very apparent to us that their determinations would be politically motivated in stopping states from enacting reasonable regulations that protect the integrity of their election processes.”Six former leaders of the civil rights division under Republican presidents from Ronald Reagan to Donald J. Trump declined to comment or did not respond to requests to comment.The greatest power of Section 5, voting rights experts said, was as a deterrent.The burden of proof that laws were not discriminatory was placed on covered states: They had to show that the laws were not going to further restrict voting rights among communities of color.“A lot of these provisions would have never been enacted in the first place if Section 5 were still there,” Mr. Greenbaum said. “Because these states know that if they couldn’t disprove retrogression, it would go down in flames.”The recent law in Arizona that removed voters from the permanent early voting list if they do not cast a ballot at least once every two years caught the eye of Deval Patrick, who led the civil rights division during the Clinton administration and later was governor of Massachusetts.People rallied in support of the Voting Rights Act outside the Supreme Court in February 2013.Christopher Gregory for The New York TimesIn 1994, Mr. Patrick objected to a Georgia proposal that would purge registered voters from the rolls if they failed to vote for three years unless they reaffirmed their registration status. He said the Arizona law struck him as another example of purging.“I think purging is one of the more pernicious undertakings, and I say this as somebody who is preternaturally neat,” Mr. Patrick said. “It is easier in many states today to keep a driver’s license than it is to keep your voter registration.”Gov. Doug Ducey of Arizona, a Republican, insisted that the new law was about election integrity. Active voters would still get ballots, while resources would be freed for “priorities like election security and voter education,” he said in a video after signing the bill. “Not a single Arizona voter will lose their right to vote as a result of this new law.”Mr. Patrick also said the preclearance process had helped prevent changes in voting rules aimed at engineering a victory.He pointed to Georgia, where Mr. Biden won by fewer than 12,000 votes. Georgia’s new voting law prohibits the use of provisional ballots by voters who show up at the wrong precinct before 5 p.m. on Election Day. But “out of precinct” voters accounted for 44 percent of provisional ballots last year, by far the most common reason. Of 11,120 provisional ballots counted, Mr. Biden won 64 percent.“When the margin of victory was as slim as it was, the notion that the provisional ballots might not be counted because of some very technical and frankly trivial issue, that’s a problem,” Mr. Patrick said.Voting rights lawyers also liken new laws curbing the use of drop boxes to past attempts — blocked by the Justice Department under preclearance — to reduce the numbers of polling places or absentee-ballot locations.In 1984 alone, for example, Reagan administration lawyers objected to the relocation of a Dallas polling place to a predominantly white community from a largely Black one, and challenged bills in Arizona that would have reduced access to polling places by rotating locations and cutting operating hours.In Georgia, 56 percent of absentee voters in urban Fulton County and suburban Cobb, DeKalb and Gwinnett counties returned their ballots in drop boxes, according to The Atlanta Journal-Constitution. Under Georgia’s new law, those counties will now have just 23 drop boxes, compared with 94 during the 2020 election.And in Texas last year, with roughly a month left before Election Day, Gov. Greg Abbott directed counties to offer only one location for voters to drop off mail-in ballots.“So you had counties with four million people and it was one place essentially to drop off your ballot,” said Chad Dunn, a longtime voting-rights lawyer. “Those are provisions that would have been stopped immediately.” More