State Legislatures

Subterms

    More stories

    • 100 Shares99 Views

      in Elections

      Arizona Vote Review Being Financed by Trump Supporters

      by

      A review of 2020 election ballots cast in Arizona’s largest county, billed as strictly nonpartisan when Republicans in the Arizona State Senate ordered it late last year, has been financed almost entirely by supporters of former President Donald J. Trump, according to a statement released late Wednesday by the private firm overseeing the review.The firm, Cyber Ninjas, said that it had collected more than $5.7 million from five pro-Trump organizations for the widely disparaged review, in addition to $150,000 that the State Senate had allotted for the project. An Arizona county court had ordered the sources of the audit’s funding released after Republicans in the Senate resisted making them public.The review of 2.1 million ballots in Maricopa County, home to Phoenix and roughly 80 percent of the state’s population, has covered only votes last November for president and for the state’s two seats in the United States Senate, all of which were won by Democrats. The president of the State Senate, Karen Fann, said this week that results of the audit should be released next month.Ms. Fann and other senators said the recount, whose findings have no authority to change the winners of any race, was needed to reassure supporters of Mr. Trump that the vote was fairly conducted. But the effort has come under growing attack in the wake of disclosures that the chief executive of Cyber Ninjas and other purported experts involved in the review had ties to the “stop the steal” movement spawned by Mr. Trump’s baseless claims of election fraud.Election experts have called the recount amateurish and error-ridden, and ridiculed its efforts to verify allegations by conspiracy theorists that fake ballots could be identified by traces of bamboo fibers or invisible watermarks. One Republican senator withdrew his backing of the effort in May, calling it an embarrassment, and a second senator accused Ms. Fann last week of mismanaging the process, and said its results could not be trusted.It had been apparent since the review began in April that supporters of Mr. Trump were both donating money to the effort and recruiting volunteers to work on it. But the sources and size of the donations had not been disclosed until Wednesday.According to the Cyber Ninjas statement, the largest donation, $3.25 million, was made by a newly created group, America Project, led by Patrick M. Byrne, the former chief executive of the Overstock.com website and a prominent proponent of false claims that the November election was rigged.Mr. Byrne resigned his post at Overstock in 2019 after it was disclosed that he had an intimate relationship with Maria Butina, a gun-rights activist who was jailed in 2018 as an unregistered foreign agent for Russia and later deported. He later said he had contributed $500,000 to the Arizona review, and produced a film featuring the Cyber Ninjas chief executive, Doug Logan, that alleged that the November election was fraudulent.The statement said that another pro-Trump group, America’s Future, contributed $976,514 to the review. An additional $605,000 came from Voices and Votes, a group organized by Christina Bobb, an anchor for the pro-Trump television network One America News, who solicited donations for the review while covering it. More

    • 138 Shares119 Views

      in Elections

      Greg Abbott and Dan Patrick Steer Texas Far to the Right

      by

      Different in style and background, Gov. Greg Abbott and Lt. Gov. Dan Patrick have come together, for different reasons, to push an uncompromising conservative agenda.One is a former State Supreme Court justice who acts with a lawyer’s caution; the other a Trumpist firebrand who began his political career in the world of conservative talk radio. They have sparred at times, most recently this winter over the deadly failure of their state’s electrical grid.But together, Gov. Greg Abbott and Lt. Gov. Dan Patrick, the two most powerful men in Texas, are the driving force behind one of the hardest right turns in recent state history.The two Republicans stand united at a pivotal moment in Texas politics, opposing Democrats who have left the state for Washington in protest of the G.O.P.-controlled Legislature’s attempt to overhaul the state’s election system — blocking Republicans from advancing any bills to Mr. Abbott’s desk. Any policy differences between the governor and lieutenant governor have melted away in the face of the realities of today’s Republican Party, with a base devoted to former President Donald J. Trump and insistent on an uncompromising conservative agenda.“The lieutenant governor reads off the playbook of the far right, and that’s where we go,” said State Senator Kel Seliger, a moderate Republican from Amarillo. “The governor less so, but not much less so.”Now, if Mr. Abbott and Mr. Patrick hope to sustain momentum for Texas Republicans — and if the ambitious two men hope to strengthen their career prospects — they must navigate a political and public relations battle over voting rights involving an angry base, restive Republican lawmakers and a largely absent yet outspoken Democratic delegation.Mr. Abbott, 63, a lawyer who has held or been campaigning for statewide office since 1996, has shifted to the right as he prepares for a re-election bid next year that will involve the first challenging Republican primary he has ever faced. While Texas voters broadly approve of his leadership and he is sitting on a $55 million war chest, far-right activists and lawmakers have grumbled about his perceived political moderation. And Mr. Abbott is viewed by some in Texas as eyeing a potential presidential run in 2024, which could further sway his political calculations.Mr. Patrick, 71, who started one of the nation’s first chains of sports bars before becoming a radio host and the owner of Houston’s largest conservative talk station, holds what is perhaps the most powerful non-gubernatorial statewide office in the country, overseeing the Senate under Texas’ unusual legislative rules. His years of tending to the conservative base are paying off for him now: He is running unopposed for renomination, after leading Mr. Abbott and the state down a more conservative path than the governor has ever articulated for himself.Both leaders are highly cognizant of what the Republican base wants: Stricter abortion laws. Eliminating most gun regulations. Anti-transgender measures. Rules for how schools teach about racism. And above all there is Mr. Trump’s top priority: wide-ranging new laws restricting voting and expanding partisan lawmakers’ power over elections.Republicans continue to hold most of the cards, but they face the prospect of appearing toothless amid frustrating delays and rising calls from conservatives to take harsh action against the Democrats.The divergent styles of the governor and lieutenant governor could be seen in how they reacted to the news on Monday that Democrats were leaving the state. Mr. Abbott told an Austin TV station that the lawmakers would be arrested if they returned to the state and pledged to keep calling special sessions of the Legislature until they agreed to participate. Mr. Patrick — whose social media instincts could be seen as far back as 2015, when he began his inaugural speech by taking selfies with the crowd — mocked the Democrats by posting a photo of them en route to the Austin airport, with a case of beer on the bus.“They can’t hold out forever,” Mr. Patrick said of Democrats during a Fox News appearance Thursday. “They have families back home, they have jobs back home and pretty soon their wives or husbands will say, ‘It’s time to get back home.’”For the moment, Mr. Patrick has far more power in shaping and moving bills through the State Senate than the governor does. While Mr. Abbott convened the special session of the Legislature and dictated the topics to be discussed, he is not an arm-twister and, with the Democrats gone, there are no arms to be twisted.“The lieutenant governor is riding very high in the Texas Senate and he has regular appearances on Fox and I think he is running pretty freely right now,” said Joe Straus, a moderate Republican from San Antonio who served as the speaker of the Texas House for a decade until, under pressure from conservatives, he chose not to seek re-election in 2018. “He is very influential in setting the agenda at the moment.”Representatives for Mr. Abbott and Mr. Patrick declined interview requests for this article. The Times spoke with Texas Republicans who know the two men, as well as aides and allies who spoke on the condition of anonymity because they were not authorized to speak publicly.Mr. Abbott, above in 2005, previously served as a Texas Supreme Court judge and the state’s attorney general.Gerald Herbert/Associated PressMr. Abbott and Mr. Patrick have tussled occasionally in recent years over how far to the right to take Texas. This winter, Mr. Patrick implicitly criticized the governor’s stewardship of the state’s electrical grid after a snowstorm caused widespread power failures that led to the deaths of more than 200 people. But though Mr. Abbott is now aligned with Mr. Patrick against the state’s Democrats, he is drawing criticism, even from some Republicans, for pushing his agenda as a matter of political expediency, now that he is facing a crowd of primary challengers from the right. His rivals include Allen West, the former congressman and chairman of the state Republican Party, and Don Huffines, a former state senator who was an outspoken critic of Mr. Abbott’s initial coronavirus restrictions.The governor needs to win at least 50 percent in the primary to avoid a runoff that would pit him against a more conservative opponent — a treacherous position for any Texas Republican.“These are issues that the grass roots and the Republican Party have been working on and filing bills on for 10 years,” said Jonathan Stickland, a conservative Republican who represented a State House district in the Fort Worth area for eight years before opting out of re-election in 2020. “Abbott didn’t care until he got opponents in the Republican primary.”Paul Bettencourt, who holds Mr. Patrick’s old Senate seat and hosts a radio show on the Houston station that Mr. Patrick still owns, was blunt about who he thought was the true leader on conservative policy. “The lieutenant governor has been out in front on these issues for, in some cases, 18 years,” Mr. Bettencourt said.Mr. Abbott’s allies say his priorities have not shifted with the political winds. “To me and anyone who pays attention, it shouldn’t surprise anyone that Greg Abbott is a conservative and he is a border security hawk,” said John Wittman, who spent seven years as an Abbott aide. The governor is being more heavily scrutinized on issues like guns and the transgender bill, Mr. Wittman said, because “these were issues that bubbled up as a result of what’s happening now.”Mr. Patrick, then a state senator, defeated the incumbent during a Republican primary for lieutenant governor in 2014.Smiley N. Pool/Houston Chronicle, via Associated PressMr. Abbott predicted that Democrats would pay a political price for leaving the state.“All they want to do is complain,” he told the Fox News host Sean Hannity on Thursday. “Texas voters are going to be extremely angry at the Texas House members for not showing up and not doing their jobs.”No bill has produced more outrage among Democrats than the proposals to rewrite Texas voting laws, which are already among the most restrictive in the country.The Republican voting legislation includes new restrictions that voting rights groups say would have a disproportionate impact on poorer communities and communities of color, especially in Harris County, which includes Houston and is the state’s largest..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-9s9ecg{margin-bottom:15px;}.css-16ed7iq{width:100%;display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;-webkit-box-pack:center;-webkit-justify-content:center;-ms-flex-pack:center;justify-content:center;padding:10px 0;background-color:white;}.css-pmm6ed{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;}.css-pmm6ed > :not(:first-child){margin-left:5px;}.css-5gimkt{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.8125rem;font-weight:700;-webkit-letter-spacing:0.03em;-moz-letter-spacing:0.03em;-ms-letter-spacing:0.03em;letter-spacing:0.03em;text-transform:uppercase;color:#333;}.css-5gimkt:after{content:’Collapse’;}.css-rdoyk0{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;-webkit-transform:rotate(180deg);-ms-transform:rotate(180deg);transform:rotate(180deg);}.css-eb027h{max-height:5000px;-webkit-transition:max-height 0.5s ease;transition:max-height 0.5s ease;}.css-6mllg9{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;position:relative;opacity:0;}.css-6mllg9:before{content:”;background-image:linear-gradient(180deg,transparent,#ffffff);background-image:-webkit-linear-gradient(270deg,rgba(255,255,255,0),#ffffff);height:80px;width:100%;position:absolute;bottom:0px;pointer-events:none;}.css-uf1ume{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-box-pack:justify;-webkit-justify-content:space-between;-ms-flex-pack:justify;justify-content:space-between;}.css-wxi1cx{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-flex-direction:column;-ms-flex-direction:column;flex-direction:column;-webkit-align-self:flex-end;-ms-flex-item-align:end;align-self:flex-end;}.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-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 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:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}Democrats are most worried about provisions in the Texas bills that would expand the authority of partisan poll watchers, who have become increasingly aggressive in some states, leading to fears that they may intimidate voters and election workers.“We’re seeing backtracking on the progress that has been made in voting rights and access to the ballot box across this country,” State Representative Chris Turner, the Democratic leader in the Texas House, said this week. “There’s a steady drumbeat of Republican voter suppression efforts in Texas and also across the country, all of which are based on a big lie.”Mr. Abbott, Mr. Patrick and other Republicans say the elections legislation will simplify voting procedures across a state with 254 counties and 29 million people.The two Republican leaders have been largely aligned this year on legislative priorities beyond an electoral overhaul. Mr. Patrick has been the driving force for social issues that animate right-wing Texans, pushing for new restrictions on transgender youths and ordering a state history museum to cancel an event with the author of a book that seeks to re-examine slavery’s role in the Battle of the Alamo, a seminal moment in Texas history.Mr. Abbott used an earlier walkout by Democrats over voting rights as an opportunity to place himself at the center of a host of conservative legislation, including a proposal for additional border security funding during the special session that began last week. This follows a regular session in which Texas Republicans enacted a near-ban of abortions in the state and dropped most handgun licensing rules, among other conservative measures.Mr. Abbott’s position, however, has left him without much room to maneuver to reach any sort of compromise that could end the stalemate and bring the Democrats home from Washington. So far he has vowed to arrest them and have them “cabined” in the statehouse chamber should they return to Texas — a threat that has not led to any discussion between the two sides.Mr. Straus, the former State House speaker, said the episode illustrated a significant decline of bipartisan tradition in Texas, one he said was evident under the previous governor, Rick Perry.“I was speaker when Governor Perry was there as well and we had some bumps with him too, but he was always able to work with the Legislature,” Mr. Straus said. “He was able to do this without sacrificing his conservative credentials. That seems to be missing today, as everyone’s dug in doing their tough-guy act.”Manny Fernandez More

    • 150 Shares149 Views

      in Elections

      The Battle Over State Voting Rights Is About the Future of Texas

      by

      The current skirmish is the latest in a tug of war being waged between the state’s increasingly Democratic cities and its deeply conservative rural areas.HOUSTON — The flight of Texas Democrats to Washington, a last-ditch effort this week to stop Republicans from passing new statewide voting rules, is perhaps the most dramatic illustration of a broad national fight over access to the ballot.But it is something more than that in Texas. The battle over voting rights is also the latest in a tug of war over the future of what it means to be Texan, one being waged between the state’s rapidly diversifying and increasingly Democratic cities and its deeply conservative rural areas, which wield overwhelming power in the State Capitol.The tension grew during the coronavirus pandemic, when cities like Houston, Dallas and Austin clashed with Gov. Greg Abbott, a Republican, over mask mandates and business restrictions. But it had already been increasing for years, with each political session marked by Republican state officials rolling back progressive changes made in cities led by Democrats.The most direct new restrictions sought by Texas Republicans, who have maintained control of the state for nearly two decades, are a reaction to local polling innovations, notably in Houston, the state’s largest city, and surrounding Harris County.The county introduced drive-through voting for the first time in November, when people were concerned that traditional polling places would spread the coronavirus, and it proved popular, accounting for more than 130,000 votes. Access also expanded at eight polling sites that held a day of 24-hour voting.Officials believed that drive-through polling, which has been used in three subsequent municipal and state elections in Harris County, would soon expand to other areas. “In a place like Houston and Texas that loves cars so much, why shouldn’t we offer drive-through voting?” said Christopher Hollins, who served as interim election chief in the county last year and oversaw the expansion of voting options during the presidential election.Turnout increased in Harris County as it did throughout the state, and out of more than 11 million votes cast, President Biden got within about 600,000 votes of winning Texas — the closest a Democrat has come in decades.Now Texas cities are ground zero in the fight over whether to expand access to the vote, as state Democrats did during the pandemic, or curtail it, as Republicans are seeking to do with a measure that would ban 24-hour and drive-through polling.Drive-through voting was offered in Harris County, which includes Houston, last fall.Go Nakamura for The New York TimesThe conflict is a national one, heightened by former President Donald J. Trump’s false insistence that he lost in 2020 because of voter fraud. On Wednesday, Democratic members of the Texas House met with senators in Washington and urged the passage of bills aimed at expanding and safeguarding voter access.The group fled Austin on chartered planes this week, just days into a 30-day special legislative session, to delay passage of the state’s voting measure. They vowed to stay out of Texas until early August, when the session expires.But in Texas, the fight over voting is only the latest skirmish in the deepening chasm between progressive and conservative versions of the state.“Harris County is being attacked already at a base level because it is one of the most diverse counties in the country,” Mr. Hollins said. “This certainly predates the pandemic.”Elected officials in Texas cities have found themselves forced to govern with the knowledge that many of the things they do in their backyard will be undone the next time lawmakers meet in the Capitol, which they do every other year.“I see a lot of our job as to do 50 good things a year, knowing that the Legislature will only have time, while it’s in session, to undo half of it,” said Greg Casar, a progressive Democratic councilman in Austin.“Each marquee issue over the last three sessions has been the state wanting to attack local governments,” he added, listing efforts to protect immigrants, transgender Texans and workers that each faced stiff resistance at the state level.Texas House Democrats at an airport outside Washington after fleeing Texas in an effort to block a voting restrictions bill.Kenny Holston for The New York TimesThat view is something more than a hunch on the part of Democrats. Before the previous legislative session, in 2019, the speaker of the Texas House at the time shared an animus toward cities in a private conversation with a Republican lawmaker and a conservative activist.“My goal is for this to be the worst session in the history of the Legislature for cities and counties,” the speaker, Dennis Bonnen, a Republican who represented a district just south of Houston, said in a conversation that was secretly recorded.His comments about cities reflect a commonplace view among some Republicans in Texas, even if they are not always as pointedly expressed. Republican operatives and officials described the dynamic as one of concern over the progressive turn in the state’s cities, a change in culture and politics that has accelerated rapidly over the past decade.And the changes have begun spreading into the suburbs. Populous counties outside of Houston and Austin that once reliably voted Republican have swung in recent years toward the Democrats, said Mark Jones, a professor of political science at Rice University.“With the bluing of the major urban counties and the blushing of many of the major suburbs, what has allowed the G.O.P. to continue to win statewide has been its increasing dominance in the state’s rural counties,” Dr. Jones said.Most states have similar divisions between blue cities and red rural areas. But in Texas, the divisions have taken hold only relatively recently — Houston voted for a Republican, George W. Bush, for president in 2004 — adding to the alarm among Republicans and anticipation among Democrats that the state could soon be up for grabs.In the meantime, said Richard Peña Raymond, a Democratic state representative from Laredo, cities are being punished by the Republican majority in the Capitol for daring to extend voting opportunities, particularly in places where it benefited low-income communities of color and disabled people.“They are trying to thin out the crowd,” Mr. Raymond said of the Republicans in the state. “And that’s just wrong.”Republicans have disputed such characterizations. They have said their efforts to pass the voting bill are a way to instill confidence in future elections and to make uniform the rules that govern Texas elections.“It increases transparency and ensures the voting rules are the same in every county across the state,” the lieutenant governor, Dan Patrick, said in a statement after the State Senate passed its version of the voting measure on Tuesday.Signage in Austin ahead of the presidential election.Tamir Kalifa for The New York TimesThe Senate bill, and one before the House, includes provisions to ban 24-hour voting and drive-through voting; limit third-party collection of ballots; increase criminal penalties on election workers for violating regulations; grant more freedom of movement to partisan poll watchers; and require large counties — which include the state’s largest cities — to make available a livestream video during vote counting.Democratic lawmakers have described the changes as a means of voter suppression in a state with a long history of such tactics.But without enough votes to block the bills, more than 50 Democrats, representing the state’s largest cities and suburbs, opted to leave the state in order to deny Republicans the quorum necessary for the House of Representatives to conduct its business. Mr. Abbott has threatened to arrest Democrats to bring them back to the State Capitol, though his jurisdiction to do so stops at the state line.“Everything that the Democratic cities do, particularly if it’s progressive, they attack it and they say cities can’t do that,” Eddie Rodriguez, a Democrat representing Austin, said on Wednesday as he rushed between meetings in Washington. “Which is ironic because they were the party of local control.”Like other Democrats, he vowed to remain outside Texas until Aug. 7, when the 30-day special session ends.Back in Austin, Mayes Middleton, a Republican representing Galveston, awaited the Democrats’ return and bemoaned their flight as hypocritical.“The Democrats say that the state should not dictate how counties run their election laws, but at the same time, they’re in Washington trying to have the federal government dictate how Texas should run its elections,” Mr. Middleton said. “We’ve got to let Texas run Texas.”Edgar Sandoval More

    • 88 Shares169 Views

      in Elections

      Biden Speaks on Voting Rights in Philadelphia

      by

      WASHINGTON — President Biden said on Tuesday that the fight against restrictive voting laws was the “most significant test of our democracy since the Civil War” and called Donald J. Trump’s efforts to overturn the 2020 election “a big lie.”In an impassioned speech in Philadelphia, Mr. Biden tried to reinvigorate the stalled Democratic effort to pass federal voting rights legislation and called on Republicans “in Congress and states and cities and counties to stand up, for God’s sake.”“Help prevent this concerted effort to undermine our election and the sacred right to vote,” the president said in remarks at the National Constitution Center. “Have you no shame?”But his words collided with reality: Even as Republican-led bills meant to restrict voting access make their way through statehouses across the country, two bills aiming to expand voting rights nationwide are languishing in Congress. And Mr. Biden has bucked increasing pressure from Democrats to support pushing the legislation through the Senate by eliminating the filibuster, no matter the political cost.In fact, the president seemed to acknowledge that the legislation had little hope of passing as he shifted his focus to the midterm elections.“We’re going to face another test in 2022,” Mr. Biden said. “A new wave of unprecedented voter suppression, and raw and sustained election subversion. We have to prepare now.”He said he would start an effort “to educate voters about the changing laws, register them to vote and then get the vote out.”The partisan fight over voting rights was playing out even as the president spoke, with a group of Texas Democrats fleeing their state to deny Republicans the quorum they need to pass new voting restrictions there.In his speech, Mr. Biden characterized the conspiracy theories about the 2020 election — hatched and spread by his predecessor, Mr. Trump — as a “darker and more sinister” underbelly of American politics. He did not mention Mr. Trump by name but warned that “bullies and merchants of fear” had posed an existential threat to democracy.“No other election has ever been held under such scrutiny, such high standards,” Mr. Biden said. “The big lie is just that: a big lie.”About a dozen Republican-controlled states passed laws this spring to restrict voting or significantly change election rules, in part because of Mr. Trump’s efforts to sow doubt about the 2020 results.Republicans, who have called Democrats’ warnings about democracy hyperbolic, argue that laws are needed to tamp down on voter fraud, despite evidence that it is not a widespread problem. They have mounted an aggressive campaign to portray Mr. Biden’s voting-rights efforts as self-serving federalization of elections to benefit Democrats.The president’s speech, delivered against the backdrop of the birthplace of American democracy, was intended to present the right to vote as a shared ideal, despite the realities of a deeply fractured political landscape.Democratic efforts to pass voting rights legislation in Washington have stalled in the evenly divided Senate. Last month, Republicans filibustered the broad elections overhaul known as the For the People Act, and they are expected to do the same if Democrats try to bring up the other measure — the John Lewis Voting Rights Act, named for a former Georgia congressman and civil rights icon — which would restore parts of the Voting Rights Act struck down by the Supreme Court in 2013.In a statement, Danielle Álvarez, the communications director for the Republican National Committee, said that Mr. Biden’s speech amounted to “lies and theatrics.” Republicans had unanimously rejected the For the People Act as a Democratic attempt to “pass their federal takeover of our elections,” she said.There were also concerns among more moderate members of Mr. Biden’s party that the legislation was too partisan. Senators Joe Manchin III of West Virginia and Kyrsten Sinema of Arizona have publicly said they would not support rolling back the filibuster to enact it.But other Democrats see a worrying increase in efforts by Republican-led state legislatures to restrict voting, along with court rulings that would make it harder to fight encroachments on voting rights.A Supreme Court ruling this month weakened the one enforcement clause of the Voting Rights Act that remained after the court invalidated its major provision in 2013. Mr. Biden said last year that strengthening the act would be one of his first priorities after taking office; but on Tuesday, he sought to shift responsibility to lawmakers.“The court’s decision, as harmful as it is, does not limit the Congress’s ability to repair the damage done,” the president said. “As soon as Congress passes the For the People Act and the John Lewis Voting Rights Advancement Act, I will sign it and want the whole world to see it.”His rallying cry only underscored the impossibility of the task: Neither bill currently has a path to his desk.Activists who had wondered whether Mr. Biden would stake out a public position on the filibuster got their answer on Tuesday: “I’m not filibustering now,” the president told reporters who shouted questions after his speech.“It was strange to hear,” Eli Zupnick, a spokesman for the anti-filibuster group Fix Our Senate, said after watching the speech. “He did a great job of laying out the problem, but then stopped short of talking about the actual solution that would be needed to passing legislation to address the problem.”As Mr. Biden spoke in Philadelphia, the group of Texas Democrats had traveled to Washington, where they were trying to delay state lawmakers from taking up restrictive voting measures.Representative Marc Veasey, Democrat of Texas, speaking at a press conference with Democratic members of the Texas Legislature on Capitol Hill on Tuesday.Sarahbeth Maney/The New York TimesBoth measures would ban 24-hour voting and drive-through voting; prohibit election officials from proactively sending absentee ballot applications to voters who had not requested them; add new voter identification requirements for voting by mail; limit the types of assistance that can be provided to voters; and greatly expand the authority and autonomy of partisan poll watchers.In Austin, Republicans vented their anger at the fleeing group, and Gov. Greg Abbott vowed to call “special session after special session after special session” until an election bill passed. The handful of Democratic lawmakers who did not go to Washington were rounded up and ordered onto the Statehouse floor. Shawn Thierry, a Democratic state representative from Houston, posted to Twitter a video of a Statehouse sergeant-at-arms and a state trooper entering her office to order her to be locked in the House chamber.“This is not an issue about Democrats or Republicans,” Vice President Kamala Harris told the Texas lawmakers when she met with them on Tuesday. “This is about Americans and how Americans are experiencing this issue.”James Talarico, 32, the youngest member of the Texas Legislature, said the group of Democrats had gone to Washington, in part, to pressure Mr. Biden to do more.“We can’t listen to more speeches,” Mr. Talarico said. “I’m incredibly proud not only as a Democrat but also an American of what President Biden has accomplished in his first few months in office. But protecting our democracy should have been at the very top of the list, because without it none of these issues matter.”The restrictions in the Texas bills mirror key provisions of a restrictive law passed this year in Georgia, which went even further to assert Republican control over the State Election Board and empower the party to suspend county election officials. In June, the Justice Department sued Georgia over the law, the Biden administration’s first significant move to challenge voter restrictions at the state level.“The 21st-century Jim Crow assault is real,” Mr. Biden said as he listed the details of the Texas bills. “It’s unrelenting, and we are going to challenge it vigorously.”Zolan Kanno-Youngs More

    • 50 Shares189 Views

      in Elections

      The Voter Fraud Fraud

      by

      It was March 3, 2020, the day of the Democratic primary in Texas, and Hervis Rogers, a 62-year-old Black man, was intent on making his voice heard at the ballot box. He arrived at the polling place around 7 p.m. and joined the line. More

    • 138 Shares169 Views

      in Elections

      How G.O.P. Laws in Montana Could Complicate Voting for Native Americans

      by

      STARR SCHOOL, Mont. — One week before the 2020 election, Laura Roundine had emergency open-heart surgery. She returned to her home on the Blackfeet Indian Reservation with blunt instructions: Don’t go anywhere while you recover, because if you get Covid-19, you’ll probably die.That meant Ms. Roundine, 59, couldn’t vote in person as planned. Neither could her husband, lest he risk bringing the virus home. It wasn’t safe to go to the post office to vote by mail, and there is no home delivery here in Starr School — or on much of the reservation in northwestern Montana.The couple’s saving grace was Renee LaPlant, a Blackfeet community organizer for the Native American advocacy group Western Native Voice, who ensured that their votes would count by shuttling applications and ballots back and forth between their home and a satellite election office in Browning, one of two on the roughly 2,300-square-mile reservation.But under H.B. 530, a law passed this spring by the Republican-controlled State Legislature, that would not have been allowed. Western Native Voice pays its organizers, and paid ballot collection is now banned.“It’s taking their rights from them, and they still have the right to vote,” Ms. Roundine said of fellow Blackfeet voters who can’t leave their homes. “I wouldn’t have wanted that to be taken from me.”The ballot collection law is part of a nationwide push by Republican state legislators to rewrite election rules, and is similar to an Arizona law that the Supreme Court upheld on Thursday. In Montana — where Gov. Greg Gianforte, a Republican, was elected in November to replace Steve Bullock, a Democrat who had held veto power for eight years — the effects of that and a separate law eliminating same-day voter registration are likely to fall heavily on Native Americans, who make up about 7 percent of the state’s population.Laura Roundine at home in Starr School, Mont., on the Blackfeet Indian Reservation. She and her husband were two of the last beneficiaries of Western Native Voice’s get-out-the-vote program last year.Tailyr Irvine for The New York TimesIt has been less than a century since Native Americans in the United States gained the right to vote by law, and they never attained the ability to do so easily in practice. New restrictions — ballot collection bans, earlier registration deadlines, stricter voter ID laws and more — are likely to make it harder, and the starkest consequences may be seen in places like Montana: sprawling, sparsely populated Western and Great Plains states where Native Americans have a history of playing decisive roles in close elections.In 2018, Senator Jon Tester, a Democrat, won seven of eight Montana counties containing the headquarters of a federally recognized tribe and received 50.3 percent of the vote statewide, a result without which his party would not currently control the Senate. (One of the eight tribes wasn’t federally recognized at the time but is now.) In 2016, Mr. Bullock carried the same counties and won with 50.2 percent. Both times, Glacier County, which contains the bulk of the Blackfeet reservation, was the most Democratic in the state.In recent years, Republicans in several states have passed laws imposing requirements that Native Americans are disproportionately unlikely to meet or targeting voting methods they are disproportionately likely to use, such as ballot collection, which is common in communities where transportation and other infrastructure are limited. They say ballot collection can enable election fraud or allow advocacy groups to influence votes, though there is no evidence of widespread fraud.On the floor of the Montana House in April, in response to criticism of H.B. 530’s effects on Native Americans who rely on paid ballot collection, the bill’s primary sponsor, State Representative Wendy McKamey, said, “There are going to be habits that are going to have to change because we need to keep our security at the utmost.” She argued that the bill would keep voting as “uninfluenced by monies as possible.”Ms. McKamey did not respond to requests for comment for this article.Geography, poverty and politics all create obstacles for Native Americans. The Blackfeet reservation is roughly the size of Delaware but had only two election offices and four ballot drop-off locations last year, one of which was listed as open for just 14 hours over two days. Many other reservations in Montana have no polling places, meaning residents must go to the county seat to vote, and many don’t have cars or can’t afford to take time off.Renee LaPlant, a Blackfeet community organizer for Western Native Voice, said she couldn’t begin to estimate how many miles she had driven to help people return their ballots.Tailyr Irvine for The New York TimesBrowning, Mont., in June. Glacier County has a satellite election office in Browning, the county’s only office on the 2,285-square-mile reservation.Tailyr Irvine for The New York TimesAdvocacy groups like Western Native Voice have become central to get-out-the-vote efforts, to the point that the Blackfeet government’s website directs voters who need help not to a tribal office but to W.N.V.Ms. LaPlant, who was one of about a dozen Western Native Voice organizers on the Blackfeet reservation last year, said she couldn’t begin to estimate how far they had collectively driven. One organizer alone logged 700 miles.One of the voters the team helped was Heidi Bull Calf, whose 19-year-old son has a congenital heart defect. Knowing the danger he would be in if he got Covid-19, she and her family barely left their home in Browning for a year.Asked whether there was any way she could have returned her ballot on her own without putting her son’s health at risk, Ms. Bull Calf, the director of after-school programs at an elementary school, said no.Members of Western Native Voice at a three-day community organizing training in Bozeman, Mont., in early June. Tailyr Irvine for The New York TimesThe ballot collection law says that “for the purposes of enhancing election security, a person may not provide or offer to provide, and a person may not accept, a pecuniary benefit in exchange for distributing, ordering, requesting, collecting or delivering ballots.” Government entities, election administrators, mail carriers and a few others are exempt, but advocacy groups aren’t. Violators will be fined $100 per ballot.In May, the American Civil Liberties Union and the Native American Rights Fund sued the Montana secretary of state, Christi Jacobsen, a Republican, over the new laws. The lawsuit alleges that the ballot collection limits and the elimination of same-day voter registration violate the Montana Constitution and are “part of a broader scheme” to disenfranchise Native voters. It was filed in a state district court that struck down a farther-reaching ballot collection ban as discriminatory last year.A spokesman for Ms. Jacobsen did not respond to requests for comment. In a statement shortly after the lawsuit was filed, Ms. Jacobsen said, “The voters of Montana spoke when they elected a secretary of state that promised improved election integrity with voter ID and voter registration deadlines, and we will work hard to defend those measures.”The state-level legal process may be Native Americans’ only realistic recourse now, because on Thursday, the Supreme Court upheld a ballot collection law in Arizona, signaling that federal challenges to voting restrictions based on disparate impact on voters of color were unlikely to succeed.Voting difficulties are acute not just for the Blackfeet but also for Montana’s seven other federally recognized tribes: the Crow and Northern Cheyenne, based on reservations of the same names; the Confederated Salish and Kootenai Tribes of the Flathead Reservation; the Assiniboine and Gros Ventre of the Fort Belknap Reservation; the Assiniboine and Sioux of the Fort Peck Reservation; the Chippewa Cree of Rocky Boy’s Reservation; and the Little Shell Chippewa in Great Falls.On the Crow and Northern Cheyenne Reservations, many residents have no internet. Often, the only way to register to vote is in person at election offices in Hardin and Forsyth, 60 miles or more one way from parts of the reservations..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-9s9ecg{margin-bottom:15px;}.css-16ed7iq{width:100%;display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;-webkit-box-pack:center;-webkit-justify-content:center;-ms-flex-pack:center;justify-content:center;padding:10px 0;background-color:white;}.css-pmm6ed{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;}.css-pmm6ed > :not(:first-child){margin-left:5px;}.css-5gimkt{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.8125rem;font-weight:700;-webkit-letter-spacing:0.03em;-moz-letter-spacing:0.03em;-ms-letter-spacing:0.03em;letter-spacing:0.03em;text-transform:uppercase;color:#333;}.css-5gimkt:after{content:’Collapse’;}.css-rdoyk0{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;-webkit-transform:rotate(180deg);-ms-transform:rotate(180deg);transform:rotate(180deg);}.css-eb027h{max-height:5000px;-webkit-transition:max-height 0.5s ease;transition:max-height 0.5s ease;}.css-6mllg9{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;position:relative;opacity:0;}.css-6mllg9:before{content:”;background-image:linear-gradient(180deg,transparent,#ffffff);background-image:-webkit-linear-gradient(270deg,rgba(255,255,255,0),#ffffff);height:80px;width:100%;position:absolute;bottom:0px;pointer-events:none;}.css-uf1ume{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-box-pack:justify;-webkit-justify-content:space-between;-ms-flex-pack:justify;justify-content:space-between;}.css-wxi1cx{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-flex-direction:column;-ms-flex-direction:column;flex-direction:column;-webkit-align-self:flex-end;-ms-flex-item-align:end;align-self:flex-end;}.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-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 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:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}This made same-day voter registration a popular option for people who could make the trip only once. But under a new law, H.B. 176, the registration deadline is noon on the day before the election.Heidi Bull Calf, of Browning, said she would not have been able to vote safely without the help of Western Native Voice.Tailyr Irvine for The New York TimesKeaton Sunchild, the political director at Western Native Voice, said that last year, hundreds of Native Americans had registered to vote after that time.Lauri Kindness, a Western Native Voice organizer on the Crow Reservation, where she was born and lives, said: “There are many barriers and hardships in our communities with basic things like transportation. From my community, the majority of our voters were able to gain access to the ballot through same-day voter registration.”State Representative Sharon Greef, the Republican who sponsored H.B. 176, said its purpose was to shorten lines and reduce the burden on county clerks and recorders by enabling them to spend Election Day focusing only on ballots, without also processing registrations. She said that if people voted early, they could still register and cast their ballot in one trip.“I tried to think of any way this could affect all voters, not only the Native Americans, and if I had felt this in any way would have disenfranchised any voter, discouraged any voter from getting to the polls, I couldn’t in good conscience have carried the bill,” Ms. Greef said. “Voting is a right that we all have, but it’s a right that we can’t take lightly, and we have to plan ahead for it.”At a community organizing training in Bozeman in early June, Western Native Voice leaders framed voting rights within the broader context of self-determination and political representation for Native Americans.With the State Legislature adjourned for the year and the lawsuit in the hands of lawyers, organizers are turning their focus to redistricting.Montana will get a second House seat as a result of the 2020 census, and Native Americans want to maximize their influence in electing members of Congress. But arguably more important are the maps that will be drawn for the State Legislature, which could give Native Americans greater power to elect the representatives who make Montana’s voting laws.Redistricting will be handled by a commission consisting of two Republicans, two Democrats and a nonpartisan presiding officer chosen by the Montana Supreme Court: Maylinn Smith, a former tribal judge and tribal law professor who is herself Native American.Ta’jin Perez, deputy director of Western Native Voice, urged the group’s organizers to map out communities with common interests in and around their reservations, down to the street level. W.N.V. would send that data to the Native American Rights Fund, which would use it to inform redistricting suggestions.“You can either define it yourself,” Mr. Perez warned, “or the folks in Helena will do it for you.”The Northern Cheyenne Reservation in June. On the Crow and Northern Cheyenne Reservations, many residents have no internet and must register to vote in person. Tailyr Irvine for The New York Times More

    • 113 Shares149 Views

      in Elections

      Democrats Face High New Bar in Opposing Voting Laws

      by

      Democrats and voting rights groups say they can no longer count on the federal courts, including the Supreme Court, to serve as a backstop for preventing racially discriminatory voting restrictions.The 6-to-3 decision by the Supreme Court on Thursday that upheld voting restrictions in Arizona has effectively left voting rights advocates with a higher bar for bringing federal cases under the Voting Rights Act: proving discriminatory intent.That burden is prompting civil rights and voting groups to recalibrate their approach to challenging in court the raft of new restrictions that Republican-controlled legislatures have passed this year in the aftermath of Donald J. Trump’s election loss in November. No longer, they say, can they count on the federal courts, including the Supreme Court, to serve as a backstop for preventing racially discriminatory voting restrictions.“We have to remember that the Supreme Court is not going to save us — it’s not going to protect our democracy in these moments when it is most necessary that it does so,” Sam Spital, the director of litigation at the NAACP Legal Defense Fund, said Friday.The high court gutted the central protection of the Voting Rights Act in a 2013 decision, and on Thursday the court further limited the act’s reach in combating discriminatory laws, establishing strict new guidelines for proving the laws’ effects on voters of color and thus requiring litigants to clear the much higher bar of proving purposeful intent to discriminate.Mr. Spital said his group would have to carefully assess its next moves and “think very carefully” before bringing new cases that, if defeated, could set damaging new precedents. The Arizona case, filed in 2016 by the Democratic National Committee, was considered a weak vehicle for challenging new voting laws; even the Biden administration acknowledged that the Arizona law was not discriminatory under the Voting Rights Act. Choosing the wrong cases, in the wrong jurisdictions, could lead to further setbacks, Mr. Spital and other voting rights advocates said.At the same time, Mr. Spital said, it is imperative that voting restrictions enacted by Republicans not go unchallenged.“It will force us to work even harder in the cases that we do bring,” he said. “Once the rules of the game are set, even if they are tilted against us, we have the resources — we have extraordinary lawyers, extraordinary clients, and we have the facts on our side.”Thursday’s ruling also laid bare an uncomfortable new reality for Democrats and voting activists: that under existing law, they can expect little help from the federal courts on election laws that are passed on a partisan basis by the party that controls a state government. Republican lawmakers in Georgia, Florida and Iowa have moved aggressively to push through voting laws, brushing aside protests from Democrats, voting rights groups and even major corporations.Arizona Republicans were candid about the partisan nature of their efforts when the Supreme Court heard the case in March. A lawyer for the Arizona Republican Party told the justices that the restrictions were needed because without them, Republicans in the state would be “at a competitive disadvantage relative to Democrats.”“It’s much harder to prove these things — it takes a lot more evidence,” said Travis Crum, a law professor at Washington University in St. Louis who specializes in voting rights and redistricting cases. “Courts are often reluctant to label legislators racist. That’s why the effects standard was added in 1982.”The high court’s decision also raises the stakes for 2022 contests for governor in the key swing states of Michigan, Pennsylvania and Wisconsin, where Democratic governors are poised to block measures proposed by Republican-controlled legislatures. If a Republican won the governor’s seat in any of those states, the legislature would have a clear path to pushing through new voting laws.Republicans on Friday lauded the Supreme Court ruling, calling it a validation of the need to combat voter fraud — though no evidence of widespread fraud emerged in President Biden’s victory.Justin Riemer, the chief counsel at the Republican National Committee, argued that the new “guideposts” set by Justice Samuel Alito, who wrote the majority opinion, were welcome and would force a recognition of the broader options for voting available in a state.“It reaffirms, for example, that states have an incredibly important interest in protecting against voter fraud and promoting voter confidence,” Mr. Riemer said. “When the court looked at Arizona’s laws, it noted how generous the voting provisions were.”Mr. Riemer noted that Democrats would also have a harder time in meeting new standards for showing that laws impose unreasonable burdens on voters.“I don’t want to say completely shuts them out of Section 2, but it’s going to make it very difficult for them to strike down laws that are really minimally, if at all, burdensome,” Mr. Riemer said, referring to the section of the Voting Rights Act that addresses racially discriminatory practices.Major Supreme Court decisions affirming a new restriction on voting have historically been followed by waves of new state-level legislation. In 2011, 34 states introduced some form of new voter identification legislation after the court upheld Indiana’s voter identification law in 2008.The first immediate test of a newly emboldened legislature will come next week in Texas, where lawmakers are scheduled to reconvene for a special session, in a second attempt by Republicans to pass an election overhaul bill. The first attempt failed after Democrats in the State Legislature staged a contentious late-night walkout, temporarily halting proposals that were among the most restrictive in the country.Those proposals included bans on new methods of voting, a reduction in Sunday voting hours and provisions that would make it easier to overturn elections and would greatly empower partisan poll watchers.The uncertain legal fights will play out in a federal judiciary remade during Mr. Trump’s administration, and Democrats in Congress have failed to enact federal voter protections.The legal defense fund that Mr. Spital represents sued Georgia in May over its new voting laws, arguing that the laws would have a discriminatory effect. Other lawsuits, including one the Department of Justice filed last week, argue that Georgia acted with intent to discriminate against voters of color.But some Democrats, while lamenting the decision by the Supreme Court, noted that they still had plenty of constitutional tools to challenge repressive voting laws.“Obviously, it is now going to be more difficult to litigate,” said Aneesa McMillan, a deputy executive director at the super PAC Priorities USA, who oversees the organization’s voting rights efforts. “But most of our cases that we challenge, we challenge based on the First, the 14th and the 15th amendments of the Constitution.”Among the guideposts Justice Alito articulated is an assessment of “the standard practice” of voting in 1982, when Section 2 of the Voting Rights Act was amended.“It is relevant that in 1982 States typically required nearly all voters to cast their ballots in person on election day and allowed only narrow and tightly defined categories of voters to cast absentee ballots,” Justice Alito wrote.Thursday’s Supreme Court ruling established a series of guideposts for determining whether merely the effect of a voting law is discriminatory, rather than the intent.Stefani Reynolds for The New York TimesThe court did not address the purpose clause of Section 2. But those cases often rely on racist statements by lawmakers or irregularities in the legislative process — trickier elements of a legal case to prove than the effects.“You’re not going to get that smoking gun kind of evidence,” said Sophia Lakin, the deputy director of the A.C.L.U.’s Voting Rights Project. “It’s pulling together a lot of circumstantial pieces to show the purpose is to take away the rights of voters of color.”People protested voting restrictions outside the Texas Capitol in Austin in May.Mikala Compton/ReutersIn Texas, some Democrats in the Legislature had been hoping that they could work toward a more moderate version of the bill in the special session that starts next week; it remains to be seen whether the Supreme Court decision will induce Republicans to favor an even more restrictive bill.Lt. Gov. Dan Patrick and State Representative Briscoe Cain, both Republicans, did not respond to requests for comment. Speaker Dan Phelan and State Senator Bryan Hughes, both Republicans, declined to comment.But whether the Supreme Court decision will open the floodgates for more restrictive voting legislation in other states remains an open question; more than 30 state legislatures have adjourned for the year, and others have already passed their voting laws.“It’s hard to imagine what a spike in voting restrictions would look like now, because we are already seeing such a dramatic surge, more than at any time since Reconstruction,” said Wendy Weiser, the director of the Democracy Program at the Brennan Center for Justice, a research institute. “But passing new waves of legislation has certainly been the response in recent years.”Gov. Tony Evers of Wisconsin is one of the Democratic governors who are holding off voting measures passed by Republican-led legislatures. On Wednesday, he vetoed the first of several pieces of Republican legislation on the electoral process.In an interview, he said Republicans’ monthslong effort to relitigate the 2020 election had had the effect of placing voting rights on the level of health care and education among the top priorities of Wisconsin voters.“It’s rising up as far as people’s recognizing that it’s an important issue,” Mr. Evers said. “They brought it on themselves, frankly, the Republicans have. I don’t think the people of Wisconsin thought the election was stolen. They understand that it was a fair election. And so the Republicans’ inability to accept Donald Trump’s loss is making it more of a bread-and-butter issue here.” More

    • 100 Shares99 Views

      in Elections

      2020 Election Spurs Resignations and Retirements of Officials

      by

      The draining work of 2020 has spurred resignations and retirements. In a recent survey, one in three officials said they felt unsafe in the jobs.WASHINGTON — In November, Roxanna Moritz won her fourth term unopposed as the chief election officer in metro Davenport, Iowa, with more votes than any other candidate on the ballot.Five months later, she quit. “I emotionally couldn’t take the stress anymore,” she said in an interview.For Ms. Moritz, a Democrat, the initial trigger was a Republican-led investigation into her decision to give hazard pay to poll workers who had braved the coronavirus pandemic last fall. But what sealed her decision was a new law enacted by the Iowa legislature in February that made voting harder — and imposed fines and criminal penalties on election officials for errors like her failure to seek approval for $9,400 in extra pay.“I could be charged with a felony. I could lose my voting rights,” she said. “So I decided to leave.”Ms. Moritz is one casualty of a year in which election officials were repeatedly threatened, scapegoated and left exhausted — all while managing a historically bitter presidential vote during a pandemic.She has company. In 14 southwestern Ohio counties, one in four directors or deputy auditors of elections has left. One in four election officials in Kansas either quit or lost re-election in November. Twenty-one directors or deputies have left or will leave election posts in Pennsylvania’s 67 counties, according to a tally by the reporting consortiums Spotlight PA and Votebeat.Some of those represent ordinary churn in a job where many appointees are nearing retirement, and others are subject to the vagaries of elections. In a survey of some 850 election officials by Reed College and the Democracy Fund in April, more than one in six said they planned to retire before the 2024 election.Others are leaving early, and more departures are in the wings. In Michigan, most of the 1,500 clerks who handle elections run for office, said Mary Clark, the president of the state Association of Municipal Clerks. “That said,” she added, “I am beginning to hear rumblings from a few appointed city clerks who are wondering if this ‘climate’ is worth the stress.”Election workers sorting ballots at the Pennsylvania Convention Center in Philadelphia last November.Kriston Jae Bethel for The New York TimesAt a gathering of Florida election officials this month, “multiple people came up to me to say, ‘I don’t know if I can keep doing this,’” said David Becker, the executive director of the nonprofit Center for Election Innovation and Research. “There are the threats, the stress, the attacks on democracy on the officers, on the staff.“We may lose a generation of professionalism and expertise in election administration,” he said. “It’s hard to measure the impact.”In interviews, some election officials said they also worried that a flood of departures in the next two years could drain elections of nonpartisan expertise at a hinge moment for American democracy — or worse, encourage partisans to fill the vacuum. They cite moves by partisans alleging that the last election was stolen in Arizona, Georgia and elsewhere to run for statewide offices that control election administration.That may be less likely at the local level, but the pain is no less acute. “We’re losing awesome election administrators who have tenure and know what they’re doing,” said Michelle Wilcox, the director of the Auglaize County Board of Elections in Wapakoneta, Ohio.The 2020 election was brutal for election officials by any measure. Beyond the added burden of a record turnout, many effectively found themselves conducting two votes — the one they had traditionally overseen at polling places, and a second mail-in vote that dwarfed that of past elections. The pandemic led to shortages of poll workers and money for masks and other protection equipment and vastly complicated voting preparations.Atop that, baseless claims of rigged voting and vote-counting by President Donald J. Trump and other Republicans elevated once-obscure auditors and clerks to public figures. And it made them targets for vilification by Trump supporters.A report issued last week by the Bipartisan Policy Center and the Brennan Center for Justice at New York University underscored the consequences: In a survey of election officials, one in three said they felt unsafe in the jobs. One in five said they were concerned about death threats.Better than three in four said the explosion of disinformation about elections had made their jobs harder. More than half said it had made them more dangerous.“The fact that one in three election workers doesn’t feel safe in their jobs is an extraordinary number and a real challenge to our democracy,” said Miles Rapoport, a senior democracy fellow at Harvard University’s Ash Center for Democratic Governance and Innovation. The center contributed to the report.Election challengers yelled as they watched workers count absentee ballots in Detroit last November. Brittany Greeson for The New York TimesIf lies and misstatements continue to fuel mistrust of elections and a hostility toward those who run them, “the entire infrastructure of how the nation governs itself becomes at risk,” he said.In Ohio, Ms. Wilcox said she and her office staff logged some 200 additional hours to conduct a November election that drew 25,940 voters — an almost 80 percent turnout.The 2020 vote, she said, was the first to include training in de-escalating standoffs with angry voters who refused to wear masks, and the first in which officials spent considerable time addressing baseless claims of fraud.“It was tough,” she said. “I was like, ‘Is this really what I want to do?’”In Butler County, Pa., Shari Brewer resigned as director of the Board of Elections in April 2020 — even before the state’s presidential primary.“I could see what was coming,” she said. “We had already budgeted for extra help and overtime, and this was the first primary in Pennsylvania where mail-in ballots were implemented” — a state law allowing no-excuse absentee balloting had passed the previous year.The workload increased, and no help arrived. So after 10 years — and still at the bottom of the county’s pay scale, she added — she threw in the towel.Indeed, the report issued last week said election officials singled out the crushing workload as a reason for leaving. Behind that, Mr. Rapoport said, is the failure of governments to address what he called an enormously underfunded election system that is a linchpin of democracy.The report called on the Justice Department to create an election threat task force to track down and prosecute those who terrorize election workers and for states to allot money to add security for officials. It recommended that federal and state governments, social media companies and internet search engines develop ways to better combat false election claims and take them offline more quickly.And it also asked states to take steps to shield election officials from political pressure and politically motivated lawsuits and investigations.Officials processing ballots in Madison, Wis., in November.Lauren Justice for The New York TimesParadoxically, Republican-controlled legislatures have moved in the opposite direction on some of those issues. Texas and Arizona have enacted laws explicitly banning private donations to support election work, embracing false claims from the right that private foundations in 2020 directed contributions to Democratic strongholds. Republicans in a dozen states have considered launching Arizona-style investigations of the 2020 vote despite warnings that they are feeding a movement of election-fraud believers.Ms. Clark, the head of the Michigan clerks’ association, said she believed that the pace of departures there would be influenced by the fate of Republican-backed legislation that would tighten voting rules and restrict election officials’ authority.And in Iowa, the Republican-controlled legislature voted this spring to shorten early-voting periods, clamp down on absentee ballot rules, sharply limit ballot drop boxes — and take aim at the county auditors who run elections. One clause eliminates much of their ability to take steps to make voting easier. Another makes it a felony to disregard election guidance from the secretary of state and levies fines of up to $10,000 for “technical infractions” of their duties.In Davenport, Ms. Moritz said, the pandemic and election-fraud drumbeat all but upended preparations for last year’s election. Tensions rose after she sparred with the Republican-run county board of supervisors over accepting donations to offset rising election costs.When poll workers were hired, she said, she checked with officials to make sure there was enough money in her $80-million-a-year budget to cover hazard pay. But the supervisors had set their pay at $12 an hour, and she failed to ask them for permission to increase it.Ms. Moritz says she made a mistake. “Nobody benefited from it but the poll workers,” she said. Two weeks after the election, when the county attorney called to tell her the pay was being investigated, she said, “I literally puked in my garbage can.”The supervisors have said their inquiry was not politically motivated, and the state auditor, a Democrat, is looking into the misstep. But in the storm of publicity that followed the supervisors’ inquiry, Ms. Moritz said, she began to receive threats. And any thought of staying on vanished after the legislature began to consider reining in auditors’ powers and penalizing them for errors like hers.“People are starting to second-guess if this is the profession they want to be in,” she said. “It was always a stressful job, and now it’s more so. And all these things coming down the pipe make it worse.”Susan C. Beachy More