More stories

  • in

    How a Very Weird Quirk Might Let Michigan Republicans Limit Voting Rights

    State Republicans are pushing a voting law that Gov. Gretchen Whitmer has said she will veto. But a rarely used option for a voter-driven petition could allow the G.O.P. to circumvent her veto.At first glance, the partisan battle over voting rights in Michigan appears similar to that of many other states: The Republican-led Legislature, spurred by former President Donald J. Trump’s lies about election fraud, has introduced a rash of proposals to restrict voting access, angering Democrats, who are fighting back.But plenty of twists and turns are looming as Michigan’s State Senate prepares to hold hearings on a package of voting bills beginning Wednesday. Unlike Georgia, Florida and Texas, which have also moved to limit voting access, Michigan has a Democratic governor, Gretchen Whitmer, who said last month she would veto any bill imposing new restrictions. But unlike in other states with divided governments, Michigan’s Constitution offers Republicans a rarely used option for circumventing Ms. Whitmer’s veto.Last month, the state’s Republican chairman told activists that he aimed to do just that — usher new voting restrictions into law using a voter-driven petition process that would bypass the governor’s veto pen.In response, Michigan Democrats and voting rights activists are contemplating a competing petition drive, while also scrambling to round up corporate opposition to the bills; they are hoping to avoid a replay of what happened in Georgia, where the state’s leading businesses didn’t weigh in against new voting rules until after they were signed into law.The maneuvering by both parties has turned Michigan into a test case of how states with divided government will deal with voting laws, and how Republicans in state legislatures are willing to use any administrative tool at their disposal to advance Mr. Trump’s false claims of fraud and pursue measures that could disenfranchise many voters. The proposal puts new restrictions on how election officials can distribute absentee ballots and how voters can cast them, limiting the use of drop boxes, for example. “These bills contain some of the most outlandish voter suppression ideas that Michigan has ever seen,” said State Senator Paul Wojno, the lone Democrat on the Michigan Senate’s elections committee. “We’ll find out if what was adopted in Georgia may have backfired, causing legislation like this to be put under a bigger microscope.”Michigan’s two largest companies, the iconic automakers Ford and General Motors, have not weighed in on the proposals specific to the state. But both have indicated they opposed changes to Michigan’s election laws that would make voting harder — an apparent effort to get ahead of the issue, rather that come under pressure after laws are passed, as happened to two big Georgia-based companies, Coca-Cola and Delta Air Lines.On Tuesday, GM posted a statement calling on the state legislature to ensure that any new voting law protect “the right for all eligible voters to have their voices included in a fair, free and equitable manner.’’“Anything less falls short of our inclusion and social justice goals,’’ it added, an apparent shot across the bow of G.O.P. lawmakers.The Republican push to tighten Michigan’s election laws comes as the state faces a major spike in coronavirus cases, with the number nearing the peak in late December. Ms. Whitmer, who declined to be interviewed, on Friday called for a two-week pause in youth sports, in-person school and indoor dining and asked President Biden for more vaccine. Republican opposition to Ms. Whitmer in Michigan has intensified during the pandemic.Gov. Gretchen Whitmer, a Democrat, said last month she would veto any bill imposing new restrictions on voting.Matthew Hatcher/Getty ImagesMichigan is one of just nine states that allow voters to petition lawmakers to take up a piece of legislation; if passed, the law is not subject to a governor’s veto. If the Legislature does not pass the bill within 40 days of receiving it, the measure goes before voters on the next statewide ballot. It is a rarely used procedure: Lawmakers have passed only nine voter-initiated bills since 1963, according to the state Bureau of Elections.But last month, Ron Weiser, the state’s Republican Party chairman, told supporters in a video reported on by The Detroit News that the state party planned to subsidize a petition drive to cut Ms. Whitmer out of the lawmaking process.To do so would require 340,047 voter signatures, or 10 percent of the vote in the last governor’s election. Mr. Weiser said that the signatures would be gathered through county committees with party funding. So far, the signature gathering has not begun, nor has the secretary of state’s office received a proposed bill needed to start a petition drive, as required by law.A spokesman for the state G.O.P., Ted Goodman, said the party could easily gather the needed signatures for the initiative if Ms. Whitmer vetoes a bill that emerges from the Legislature. “We’re confident we can ensure election integrity reforms ahead of the 2022 elections,’’ Mr. Goodman said.A preview of what might be in a voter-initiated bill was suggested by a package of 39 bills to change the state’s voting laws that Republicans in the State Senate introduced on March 24. Democrats denounced most of the proposals.The package would prohibit the secretary of state from mailing unsolicited applications for absentee ballots to voters, require voters to mail in a photocopied or scanned ID to receive an absentee ballot, and restrict the use of absentee ballot drop boxes, among other rule changes. These measures would roll back some of the expanded access to absentee ballots that Michigan voters approved, by a two-to-one margin, in a 2018 vote to amend the Constitution.The bills also include some provisions to make voting easier, such as adding an extra day of early voting on a Saturday and allowing 16-year-olds to preregister to vote.But the bulk of proposed changes would impose new hurdles to absentee voting, after Mr. Trump and Michigan Republicans last year spread misinformation about wide fraud and “irregularities” in the use of mail ballots. They particularly targeted Detroit, the state’s largest city, which has a majority-Black population.Ron Weiser, left, Michigan’s Republican Party chairman, with Ronna McDaniel, the Republican National Committee chairwoman. Mr. Weiser said the state party planned to subsidize a petition drive to collect the signatures necessary to circumvent a veto by the governor.David Guralnick/Detroit News, via Associated PressIn November’s election, 3.3 million absentee ballots were cast in the midst of a pandemic, out of 5.5 million total votes. Citing scores of audits, Secretary of State Jocelyn Benson, a Democrat, called the election one of the most secure in Michigan history. Ms. Benson said only 15,300 absentee ballots were rejected, less than 0.5 percent, for reasons such as arriving too late. Mr. Biden carried Michigan by 154,000 votes, or 2.8 percentage points.Ms. Benson refused to appear last week before a legislative hearing on the 2020 election, saying it could “further the lies” that undermine faith in voting. The secretary of state has proposed her own election changes, including making Election Day a holiday and allowing clerks two weeks before that date to open absentee ballots and begin processing them; the goal is to shorten the wait for results — one factor that fed misinformation about the 2020 outcome.Despite the courts’ near-universal rejection of claims of fraud, including the Michigan Supreme Court, Ruth Johnson, a Republican state senator and former secretary of state, said there was a “lot of gaming of the system.”“There was more cheating last year in an election than I’ve ever seen in Michigan,” said Ms. Johnson, who is chairwoman of the State Senate’s elections committee.Ms. Johnson, who represents a district in the Detroit suburb of Oakland County, said the suite of Republican voting bills would receive a fair hearing before her committee and said there was “no predetermined outcome” about which ones would be advanced to the full Senate.Michigan Democrats are working under the presumption that they will have to fight off both the legislative proposals and a major petition drive.Lavora Barnes, the party chairwoman, said she was weighing plans that include a competing petition drive and tailing Republican signature gatherers to speak directly to voters and counter G.O.P. claims. She said Democrats might also argue in court that the new voting legislation violates the state Constitution.“We will have our grass-roots folks on the ground making sure folks are educated about what they are signing,” Ms. Barnes said. “I’m imagining a world where they are standing out in front of folks’ grocery stories and we are actively communicating on the ground during that entire process.”Republicans’ proposed measures would roll back some of the expanded access to absentee ballots that Michigan voters approved by a two-to-one margin in 2018.Sylvia Jarrus for The New York TimesNancy Wang, the executive director of a group called Voters Not Politicians, which drove support for the 2018 constitutional amendment, said she was preparing a campaign to pressure Michigan corporations to oppose any new restrictions on voting before a law is passed.“We’re making it known what is happening and what the impact would be if these bills were to pass,” Ms. Wang said. “We’re trying to get the same result they had in Georgia, but earlier.”Jim Farley, Ford’s chief executive, said last Friday that the company supports “initiatives that promote equitable access and do not disproportionately affect any segment of the population.’’ Michigan Democrats said the prospect of a citizen initiative to bypass the normal lawmaking process would serve to allow a fraction of the state’s white population to disenfranchise Black voters.“It feels almost criminal to me,’’ said Sarah Anthony, a state representative from Lansing. “As an African-American woman who has worked for years now to expand the right to vote, to mobilize and educate people about why it’s so important to vote, and to lower barriers to people, and now be in the Legislature and see these crafty ways that folks are trying to strip us of the right to vote, words can’t describe it.’’ More

  • in

    Why Kentucky Just Became the Only Red State to Expand Voting Rights

    At a time when states with Republican-led legislatures are rushing to restrict ballot access, Kentucky proved the exception to the rule. The reasons are both political and logistical.Jennifer Decker has solid conservative credentials. A first-term Republican state lawmaker in Kentucky who used to work for Senator Rand Paul, she represents a county that voted for Donald J. Trump last year by nearly 30 percentage points.Yet at a time when many of her Republican counterparts around the country are racing to pass stringent new restrictions on voting — fueled in part by Mr. Trump’s falsehoods about the 2020 election — Ms. Decker’s first major bill swerved.It aimed to make it easier for people to vote in the state.Kentucky on Wednesday became the only state in the country with a Republican-controlled legislature to expand voting rights after a bitter presidential election that tested the country’s democratic institutions and elevated ballot access as an animating issue for both parties.In a signing ceremony on Wednesday, Gov. Andy Beshear, a Democrat, hailed the bill as a bipartisan effort that cut against the push in other Republican legislatures to put up barriers to voting.“When much of the country has put in more restrictive laws, Kentucky legislators, Kentucky leaders were able to come together to stand up for democracy and to expand the opportunity for people to vote,” Mr. Beshear said.The law in Kentucky establishes three days of early voting in the state; introduces voting centers that would allow for more in-person balloting options; creates an online portal to register and request ballots; and allows voters to fix problems with absentee ballots, a process known as curing.The reasons that Kentucky Republicans have diverged on voting rights range from the political to the logistical. For one, they had an easier sell: With sweeping new rules allowing the election to be held safely during the coronavirus pandemic, Republicans in Kentucky had one of their best cycles in years, with both Senator Mitch McConnell and Mr. Trump easily winning in the state.And expanding voting access in Kentucky was a low bar to clear; the state had some of the tightest voting laws in the country before 2020, with not a single day of early voting, and strict limits on absentee balloting.The push in Kentucky and other states — including the Democratic-controlled Virginia, Connecticut, Delaware, Hawaii and Massachusetts — reflects an odd outcome of the pandemic: The most challenging election in nearly a century brought about expansive changes across the country to ease access to the ballot box.“We did things a little bit differently because of Covid, and I just thought that some of that might help us going forward,” Ms. Decker said in an interview. “And election reform should not be partisan. Partisan majorities can change at any time.”Republicans and Democrats alike in Kentucky have overwhelmingly supported and celebrated the bill, heralding it as a welcome bipartisan achievement. But voting rights advocates have been more muted, pointing to the legislation’s relatively limited scope and its mixture of measures, like the introduction of a short early voting period, as well as new restrictions heralded under the banner of election security. They caution that the proposal represents a modest improvement in a state long hostile to voting rights — a fact even conservatives have acknowledged.“Kentucky actually had probably, until this point, the most restrictive laws in the country on voting,” said Michael Adams, the Republican secretary of state, who was the leading force behind the bill. “And that’s what we’re trying to change.”Michael Adams, the Republican secretary of state of Kentucky, led the push to pass the voting bill. Jon Cherry for The New York TimesIndeed, even with its newly expanded voting access, Kentucky’s voting rules remain comparatively stricter than those of Georgia, which recently overhauled its electoral system with new restrictions on voting. Even under Georgia’s new law, for example, the state still has no-excuse absentee voting and a much longer earlier voting period than Kentucky.Voting rights experts note that three days of early voting is still a short window compared with other states that offer the process, and that the law does not have a provision for no-excuse absentee voting. It also includes restrictions like the banning of ballot collection, a practice in which one person gathers and drops off multiple voters’ ballots.Nearly all of the country’s current efforts to expand voting access are unfolding in states with Democratic-led legislatures, and they go much further in expanding access to the ballot than Kentucky’s law does.Connecticut is trying to make no-excuse absentee voting permanent after the method worked successfully in last year’s election, and Delaware is working on a constitutional amendment to add no-excuse absentee voting. Hawaii is progressing toward the introduction of automatic voter registration. And Massachusetts is seeking a host of changes, including adding same-day voter registration and extending early voting.“The election in 2020 helps give them confidence that they could act quickly in expanding access and not have to go slowly,” Sylvia Albert, the director of the voting rights group Common Cause, said of these states.She said that Kentucky did not fall into the category of true expansion, because its new law will provide fewer options than the emergency orders of 2020. “This might be a political calculation made by Democrats in the state, so that Republicans don’t go even further in suppressing the vote like other states have,” she said. “But as an election, voter access bill, it is not successful.”While Kentucky’s compromise — expanding voting access while enacting some more restrictive policies in the name of election security — could serve as a model for other Republican-controlled states, it is more likely to be a blip in a year of G.O.P.-led pushes for voting restrictions.Gov. Andy Beshear of Kentucky at the State Capitol in Frankfort.Ryan C. Hermens/Lexington Herald-Leader, via Associated PressIndeed, it was a unique set of circumstances and an unlikely coalition in Kentucky that led to the state’s first steps in a generation to expand voting access.Fresh off a successful free, fair and safe election conducted with a host of temporary policies during the pandemic, Mr. Adams began the dutiful task of surveying county election administrators about the new rules. He had expected complaints, but instead found strong support for some of the measures, particularly the multiple days of early voting.So Mr. Adams went to the Republican leadership in the Legislature to gauge its interest in adopting some of the policies. After a 2020 election in which Republicans picked up seats in the State Legislature and Mr. McConnell cruised to an easy victory, G.O.P. leaders in Kentucky had a far different political calculus than Republicans in Georgia, who saw their state turn blue for the first time in a generation. They were open, they said, though not necessarily eager to shake things up.“The hard part at first was finding a sponsor,” Mr. Adams said, “because this was seen as so unlikely that no one wanted to be the sponsor.”Enter Mr. Paul. The junior senator from Kentucky, who is up for re-election next year and has repeatedly made false statements about the 2020 election, had reached out to Mr. Adams with some concerns of his own regarding Kentucky election law. But he soon came around to the idea of a compromise effort, expanding some points of access while restricting others.And he had an idea for a sponsor: Ms. Decker, who had been interested in an election overhaul after the high turnout in last year’s vote.“I’ve been a lifelong Republican, I was chairman of the Republican Party in my county for a long time, and I’ve never felt like voter turnout was anything but good,” Ms. Decker said.The bill quickly began gaining momentum in the Legislature. And Democrats, who eyed the effort warily, would soon come on board.“We saw a bill come forward this year, and you’ve got to recognize some political realities of Kentucky,” said Morgan McGarvey, the Democratic minority leader in the State Senate. “This bill does not do everything that I would like to see in an election reform law, but it is definitely a step in the right direction.”For years, Democrats in the State Legislature had worked to expand voting in Kentucky, both by putting forward large, transformative bills that never had a chance of passing, and pared down efforts like simply seeking to keep polls open until 8 p.m. (Kentucky currently closes polls at 6 p.m. on Election Day, the earliest shuttering time in the country along with Indiana’s.) The party was consistently rebuffed by the State Senate, which has been controlled by Republicans since 1999.“No one can argue: This expands voting options in Kentucky,” Mr. McGarvey said. “Every Kentuckian has more choices of when and how to vote than they did before this law. So that’s something we have been fighting for for years, and I’m not going to slow it up.”Republicans have been quick to praise the bill. Mr. Paul said in a statement that he was “proud” of the effort, and that it would ensure “our elections are accurate and accessible.” The Honest Elections Project, a conservative group that has joined legal efforts seeking to roll back voting access, said the bill had found “a balance” on “the need for both access and security.”Joshua Douglas, a professor of election law at the University of Kentucky who was part of a small team of county election officials and other experts who consulted with Mr. Adams on the initial effort, said that “it’s not the bill I would have written by any means.”He added: “But it has a lot of stuff I like and not a ton I hate.” More

  • in

    How Georgia's New Law Risks Making Election Subversion Easier

    A reminder from a January phone call that the reform bill by congressional Democrats may not have the proper protections.What would have happened if the Georgia secretary of state, Brad Raffensperger, had responded, “OK, I’ll try,” in a January phone call after President Trump asked him to “find” 11,000 votes?No one can be sure. What is clear is that the question has been overlooked in recent months. Public attention has mostly moved on from Mr. Trump’s bid to overturn the election; activists and politicians are focused more on whether to restrict or expand voting access, particularly by mail.But trying to reverse an election result without credible evidence of widespread fraud is an act of a different magnitude than narrowing access. A successful effort to subvert an election would pose grave and fundamental risks to democracy, risking political violence and secessionism.Beyond any provisions on voting itself, the new Georgia election law risks making election subversion easier. It creates new avenues for partisan interference in election administration. This includes allowing the state elections board, now newly controlled by appointees of the Republican State Legislature, to appoint a single person to take control of typically bipartisan county election boards, which have important power over vote counting and voter eligibility.The law also gives the Legislature the authority to appoint the chair of the state election board and two more of its five voting members, allowing it to appoint a majority of the board. It strips the secretary of state of the chair and a vote.Even without this law, there would still be a risk of election subversion: Election officials and administrators all over the country possess important powers, including certification of election results, that could be abused in pursuit of partisan gain. And it’s a risk that H.R. 1, the reform bill congressional Democrats are pushing, does relatively little to address.The new Georgia law does not inherently make it easier to “find” 11,000 votes. Almost all of the powers that the Legislature might use already existed — they were just vested in other people or bodies. They could have been abused before and could be in the future, regardless of the new law.And the law has eligibility requirements for a chair that exclude many of the sort of people who would seem likeliest to abuse their authority, including anyone who has been a political candidate, campaign contributor or party organizer in the two years before the appointment. This is not guaranteed to preclude a rabid partisan leading the board, but no such checks had existed on the secretary of state. (Mr. Raffensperger, a Republican, previously served in the Georgia House of Representatives.)The law takes power from the very person, Mr. Raffensperger, who a mere three months ago rebuffed Mr. Trump’s plea to find 11,000 votes. State legislators demoted Mr. Raffensperger for a reason: Many were probably sympathetic to Mr. Trump’s allegations. And if the Legislature had a problem with how Mr. Raffensperger handled the 2020 election, it is reasonable to wonder whether it might have supported board members aggressively backing the claims advanced by Mr. Trump.Can state boards, county boards or anyone else use their administrative powers to flip electoral outcomes? After the November election, a majority of Republican members of Congress and state attorneys general signed on to efforts that would have invalidated millions of votes and brought about a constitutional crisis. With that backdrop, it seems naïve to assume that no one would try to abuse such power, whether in Georgia or elsewhere.It’s worth going back to Mr. Trump’s infamous call. While the oft-quoted line about “finding” votes makes it sound as if he wanted Mr. Raffensperger to manufacture votes out of thin air, Mr. Trump said he had already found the votes, in the form of thousands of ballots he said were cast illegally:“We have all the votes we need. You know, we won the state. If you took, these are the most minimal numbers, the numbers that I gave you, those are numbers that are certified, your absentee ballots sent to vacant addresses, your out-of-state voters, 4,925. You know when you add them up, it’s many more times, it’s many times the 11,779 number.”In addition to the 4,925 out-of-state voters mentioned, Mr. Trump baselessly asserted in the call that there were hundreds of thousands of absentee ballots with forged signatures. He alleged, based on imperfect matches between lists of voters, that there were 4,502 voters who voted but weren’t registered; 18,325 voters with vacant addresses; 904 voters who voted only with a P.O. box address; and nearly 5,000 votes by dead people. And with virtually no evidence whosever, he alleged great malfeasance in Atlanta’s Fulton County, including 18,000 votes having to do with someone who did something nefarious and “3,000 pounds” of shredded ballots.County and state election officials hold a variety of powers relevant to such claims. They evaluate whether to accept or reject ballots, and they certify results. In Georgia, they hear eligibility challenges. It would have been hard to employ these powers to aid Mr. Trump, let alone to survive a subsequent court challenge. But there are levers that they could have at least tried to pull, even if it’s not clear what would have come of it.One option is that the state board could have usurped the power of Fulton County, based on the president’s allegations in the general election and other allegations from the primary (the law requires evidence of failed administration in at least two elections over the prior two years). The state board could have either used the president’s allegations as a basis to refuse to certify the result or to disqualify otherwise eligible voters.It would be hard or even impossible to pull this off immediately after an election. The law requires a fairly drawn-out hearing process before the state can interfere in county elections. The preliminary hearing can’t be held for at least 30 days after an initial petition, which is after the Georgia certification deadline. But perhaps a nefarious board could lay the groundwork earlier, potentially putting a newly appointed superintendent in control before the elections, when he or she would have the ability to pre-emptively disqualify voters and ballots.County election boards heard similar kinds of challenges to voter eligibility during the Georgia runoff. The state Republican Party and a Texas group challenged the eligibility of hundreds of thousands of voters in December, based on whether a voter appeared to match someone on the Postal Service list of people in the National Change of Address Registry. A few small counties actually went through with trying to invalidate voters on this basis.This eligibility challenge was rejected by the U.S. District Court Judge Leslie Abrams Gardner, who happens to be the sister of Stacey Abrams, who narrowly lost the 2018 governor’s race in Georgia to Brian Kemp. But although the eligibility challenge faltered in the runoff, it is not obvious that ironclad protections exist against eligibility challenges, either as a matter of court precedent or federal law. A narrower challenge could have had a better chance of surviving a court challenge. And the new Georgia law makes these kinds of challenges easier, by allowing a single person to challenge the eligibility of an unlimited number of voters.Another option to thwart an election might be to stop certification. The new Georgia law does not do much to make it easier to block certification, as the secretary of state — not the board or the Legislature — still certifies results statewide.But county election boards, including in Georgia, generally certify their election results, which the secretary of state then certifies statewide. Mr. Trump tried to thwart efforts to certify the results certification, turning routine hearings into televised events. In the end, Mr. Trump’s effort failed. Election officials overwhelmingly acted to preserve the integrity of the election, despite immense political pressure to act. Even so, the president did manage to persuade a handful of officials to vote against certification on dubious grounds.If secretaries of state had not certified election results, whether in Georgia or elsewhere, it might have plunged the country into crisis with uncertain consequences. It is not unreasonable to wonder whether there’s a chance of something similar occurring in the future, given how many House Republicans refused to certify the electoral count.Election administrators may have other options to undermine elections, besides disqualifying ballots and voters or decertifying the results, either in Georgia or in other states.All of this represents an obvious threat to American democracy. And yet the risk of election subversion has been overshadowed by the fight over new restrictions on voting, especially by mail. Progressives have been concerned about these kinds of restrictions for years, and the reform bill H.R. 1 was written in part as a response. But since the law was mainly devised before the 2020 election, its provisions don’t directly address the new risk that election officials could subvert election results. There’s no provision, for instance, requiring nonpartisan administration or certification of federal elections.H.R. 1 does have provisions that would indirectly limit the options available to actors who might try to subvert elections. One notable example is a provision against voter caging, which precludes eligibility challenges based on matched lists, like the change of address notification challenge attempted in December. It also includes provisions that ensure basic election administration, like requiring that people don’t wait in line longer than 30 minutes.But with the main focus of the proposed law being to improve democracy, by expanding voting access and more, it is not at all obvious whether H.R. 1 amounts to a comprehensive effort to protect democracy. And even if it does have the protections it needs, the risk of election subversion has received such little attention that relevant provisions might not be included in a slimmed-down bill. Those provisions have not been mentioned in most proposals for a narrower bill. More

  • in

    Texas Senate Advances Bill That Would Make Voting More Difficult

    Lawmakers in Texas, a state that already claims the most onerous voting laws in the nation, on Thursday took a major step toward making it even tougher to cast a ballot, the latest in a bevy of Republican-backed efforts to restrict voting ahead of the 2022 midterm elections.The State Senate approved an overhaul of election law that would roll back many steps taken by counties last year to facilitate voting during the pandemic and impose new curbs in their place, including statewide limits on polling-place hours, a new formula for locating polling places and a ban on drop boxes that were widely used nationwide last year to assist mail-in voters.The proposal also would ban anyone except the voter who filled out a ballot from dropping it in a mailbox or delivering it to an election official. It adds new paperwork requirements for voters who need help because of language problems or disabilities. And it would give so-called poll watchers — untrained monitors, usually chosen by candidates or party officials, who are stationed inside polling places — the right to videotape voters if they deem them suspicious.The Texas measure comes on the heels of efforts in Iowa and Georgia, where lawmakers significantly tightened voting rules last month. The Georgia measure has been criticized by executives of several major companies with headquarters in the state. In Arizona, two Republican-backed bills that would erect roadblocks to voting by mail — the method used by eight in 10 voters — are approaching final votes in the State Legislature.American Airlines, which is based in Fort Worth, said in a statement on Thursday that it was “strongly opposed” to the bill that passed the Texas Senate “and others like it.” A similar bill moved through the Texas House’s elections committee on Thursday. Lt. Gov. Dan Patrick, a Republican, made tougher voting laws a priority for the current legislative session after party leaders and some legislators embraced the baseless claim that a wave of fraudulent votes was responsible for President Biden’s election last fall. (Though President Donald J. Trump won Texas, drawing 52 percent of the vote.)Despite no evidence of significant election fraud in Texas last year, supporters of the bills in both chambers say those and other measures are necessary to make the state’s elections more secure.“This bill is designed to address areas throughout the process where bad actors can take advantage, so Texans can feel confident that their elections are fair, honest and open,” State Senator Bryan Hughes, a Republican from Mineola, about 100 miles east of Dallas, said during Senate debate on the measure.But David Becker, an expert on election administration who directs the Center for Election Innovation and Research in Washington, said the legislation ultimately would make voting less secure by encouraging voters who would normally vote by mail or in person during early voting periods to vote on Election Day. What little fraud exists can often be spotted by analyzing the ballots cast before Election Day, he said, while fraud or cyberattacks are harder to detect and address in the crush of a big Election Day turnout.Another provision would delay a statewide requirement to use auditable paper ballots until 2026, a move that would almost certainly make Texas the last state in the nation to carry out that basic security measure.Critics of the Senate bill said most of its provisions were less about making voting secure than about making it harder, particularly for urban voters and minority voters, two groups that tend to vote for Democrats.They called the clause allowing partisan monitors to videotape voters an invitation to intimidation, and noted that the voters most likely to be recorded — those with language problems who need assistance filling out a ballot — were disproportionately people of color.Similarly, they said, clauses limiting voting hours to 6 a.m. to. 9 p.m., banning drive-through voting and changing the formula for allotting polling places in counties with more than one million residents would apply largely to counties with big cities like Houston, which expanded its voting hours and allowed for drive-through balloting in November.The Senate bill was widely opposed by the state’s local election officials, including those in many of the biggest urban areas.Stephanie Gómez, the associate director of the advocacy group Common Cause Texas, said in a video conference with reporters that the two bills were “weaponizing legislation to codify widespread voter intimidation.”“If you want to know which state is going to be the next Georgia,” she said, “it’s Texas.” More

  • in

    A National Campaign to Restrict Voting

    Listen and follow The Daily Apple Podcasts | Spotify | StitcherIn the weeks after the 2020 election, Georgia’s Republican leaders emerged as defenders of election integrity, rebuffing demands by former President Trump to overturn the results. But now voting rights in the state are under threat. The Republicans in the state legislature watched as the state flipped for a Democratic presidential candidate for the first time in decades and two Democrats — Jon Ossoff and Raphael Warnock — won their Senate runoff elections. Their response was a package of voting restrictions. Today, we look at the measures introduced in Georgia and how similar laws may be passed elsewhere in the country. On today’s episodeNick Corasaniti, a domestic correspondent covering national politics for The New York Times. Three Democratic state representatives, Kim Schofield, second from left, Viola Davis and Sandra Scott, at a protest outside the Georgia Capitol as House members debated a bill on voting restrictions last week.Nicole Craine for The New York TimesBackground reading Georgia Republicans have moved early in a campaign to rewrite voting rules. Republicans in other states are determined to follow them.The country’s most hotly contested state has calmed down after months of drama, court fights and national attention. But new storms are on the horizon.There are a lot of ways to listen to The Daily. Here’s how.Transcripts of each episode are available by the next workday. You can find them at the top of the page.Nick Corasaniti contributed reporting.The Daily is made by Theo Balcomb, Lisa Tobin, Rachel Quester, Lynsea Garrison, Annie Brown, Clare Toeniskoetter, Paige Cowett, Michael Simon Johnson, Brad Fisher, Larissa Anderson, Wendy Dorr, Chris Wood, Jessica Cheung, Stella Tan, Alexandra Leigh Young, Lisa Chow, Eric Krupke, Marc Georges, Luke Vander Ploeg, Sindhu Gnanasambandan, M.J. Davis Lin, Austin Mitchell, Neena Pathak, Dan Powell, Dave Shaw, Sydney Harper, Daniel Guillemette, Hans Buetow, Robert Jimison, Mike Benoist, Bianca Giaever, Liz O. Baylen, Asthaa Chaturvedi, Rachelle Bonja, Alix Spiegel, Diana Nguyen, Marion Lozano and Soraya Shockley.Our theme music is by Jim Brunberg and Ben Landsverk of Wonderly. Special thanks to Sam Dolnick, Mikayla Bouchard, Lauren Jackson, Julia Simon, Mahima Chablani, Nora Keller, Sofia Milan, Desiree Ibekwe, Laura Kim, Erica Futterman and Shreeya Sinha. More

  • in

    Georgia Law Kicks Off Partisan Battle Over Voting Rights

    Civil rights groups quickly challenged a new law placing restrictions on voting, while President Biden denounced it as “Jim Crow.” Republicans in other states are determined to follow suit with their own measures.The fight over voting rights is emerging as one of the defining conflicts of the Biden era, and Georgia fired the opening shot with a set of new restrictions underscoring the political, legal and financial clashes that will influence whether Republicans retake Congress and the White House.President Biden on Friday called Georgia’s new law an “attack on the Constitution” and said the Justice Department was “taking a look” at Republican voting efforts in the state, without offering any specifics.“This is Jim Crow in the 21st century, it must end,” Mr. Biden said, a day after Gov. Brian Kemp signed the bill into law. “I will take my case to the American people — including Republicans who joined the broadest coalition of voters ever in this past election to put country before party.“If you have the best ideas, you have nothing to hide. Let the people vote.”Civil rights groups immediately challenged the Georgia law in federal court, backed by prominent Democratic voting rights lawyers. Several Black leaders described the legal skirmishes to come as an existential fight for representation, saying the law clearly puts a target on Black and brown voters. Protests against voting restrictions unfolded this week in state capitols like Austin, Texas, and Atlanta, and more lawsuits are expected.In more than 24 states, Republican-led legislatures are advancing bills in a broad political effort that is the most aggressive attack on the right to vote since the civil rights movement of the 1960s. It follows months of Republican efforts to tarnish Mr. Biden’s presidential victory, which scores of high-level G.O.P. officials still refuse to acknowledge as legitimate.Democrats, who have limited power in many state capitols, are looking to Mr. Biden and congressional Democrats for a new federal law to protect voting. Many in the party see the fight over voting as not just a moral cause but also a political one, given their narrow margins of victory in presidential and Senate elections in Georgia, Arizona and other battlegrounds.Georgia’s sweeping new provisions, passed by a Republican-controlled Legislature, represent the most substantive overhaul of a battleground state’s voting system since last November’s election. It would impose stricter voter identification requirements for absentee balloting, limit drop boxes and forbid giving water and snacks to voters waiting in line.But in a state where former President Donald J. Trump tried to persuade Republican election officials to reverse his loss, the measure went even further: It shifts the power and oversight of elections to the Legislature by stripping the secretary of state from chairing the state Board of Elections and authorizing the Legislature to name members to the board. It further empowers the state Board of Elections to have sweeping jurisdiction over county elections boards, including the authority to suspend officials.Mr. Biden on Friday called Georgia’s new voting restrictions “un-American,” and sought to tie them to the Democrats’ push in Washington to enact the federal voting rights bill, which the House passed this month. The measure would put in place a raft of requirements intended to protect voting rights, including weakening restrictive state identification requirements, expanding early and mail-in voting and restoring voting rights to former felons.The president said the new Georgia law was expressly what the House bill was designed to prevent. While Democrats in Congress debate abolishing the filibuster in order to pass the voting rights bill through the Senate, Republican legislators in more than 40 states have introduced hundreds of bills targeting voting access and seizing authority over administering elections.And another crucial conflict looms this fall: the fights over redistricting to account for growing and changing populations, and the gerrymandering that will allow partisan majorities to limit the impact of votes by packing or splitting up population centers.The gerrymandering disputes will determine the look of the House and dozens of state legislatures, in many cases locking in majorities for the next decade.Gov. Bryan Kemp of Georgia signed the voting bill into law hours after it was passed on Thursday.@GovKemp, via ReutersBitter struggles over voting rights loom even in states with Democratic governors who can veto the legislation. In Michigan, Pennsylvania and Wisconsin, Republican-controlled legislatures are planning to advance restrictive bills, and new Republican governors would most likely sign them into law if they are elected next year.“The 2020 election is behind us, but the war over the future of our democracy is escalating,” said Jocelyn Benson, a Democrat who is the secretary of state in Michigan, where Republicans this week introduced numerous proposed restrictions on voting. “For anyone to believe that they can sit down and rest because the 2020 election is behind need look no further than what happened in Georgia as an indication that our work is far from over.”Republicans, borrowing language from their previous efforts at curtailing voting access, have described the new bills as a way to make voting easier while limiting fraud. Mr. Kemp, upon signing the bill into law, said it would “make it easier to vote and harder to cheat,” even though the state’s own Republican election officials found no substantive evidence of fraud.Mr. Kemp on Friday pushed back at Mr. Biden’s criticism, saying, “There is nothing ‘Jim Crow’ about requiring a photo or state-issued ID to vote by absentee ballot.”“President Biden, the left and the national media are determined to destroy the sanctity and security of the ballot box,” Mr. Kemp said. “As secretary of state, I consistently led the fight to protect Georgia elections against power-hungry, partisan activists.”Jessica Anderson, the executive director of Heritage Action for America, the political arm of the conservative Heritage Foundation, said Georgia would serve as a model for other Republican-run states.“The country was watching closely what Georgia would do,” Ms. Anderson said in an interview. “The fact that they were able to get these reforms through sets the tone and puts Georgia in a leadership role for other states.”The Justice Department was aware of Georgia’s voting law, a spokeswoman said on Friday, but provided no further comment. A White House official said the president, in his comments, was assuming this was an issue the department would review.The department’s civil rights division would most likely have lawyers investigate whether to file an independent lawsuit, said Tom Perez, the former labor secretary who also previously ran the department’s Civil Rights Division during the Obama administration. It could also take part in the case that was filed by civil rights groups by filing a so-called statement of interest or moving to intervene as the plaintiff, he said.But this is a precarious time for the federal protections in place. In 2013, the Supreme Court gutted one of the core provisions of the Voting Rights Act, clearing the runway for much of the current legislation aimed at restricting voting. The remaining protection, in Section 2 of the act, is facing a new challenge before the Supreme Court, with arguments heard last month.The debate is also spilling over into the corporate arena. Activists across the country have been chastising companies they see as silent on the issue of voting rights. In Georgia on Friday, numerous civil rights groups and faith leaders issued a call to boycott some of the standard-bearers of the Georgia business community — including Coca-Cola — until they took action against the effort to restrict voting access.The early battle lines are increasingly centering on two key states that flipped from Republican to Democratic in 2020, Arizona and Georgia. Those states are also home to large populations of voters of color, who have historically faced discriminatory laws at the polls.Two battleground states that remained in Republican control in 2020 — Texas and Florida — are also moving forward with new laws restricting voting.A drive-through voting station in Houston in October. Bills being considered by the Texas Legislature would ban the practice.Go Nakamura for The New York TimesIn Florida, lawmakers are looking to ban drop boxes and limit who can collect ballots for other voters, among other provisions, even after an election that the Republican chair of the state party touted as the “gold standard” and that Republicans won handily.Blaise Ingoglia, a Republican state representative who has sponsored some of the legislation, said that while the election was successful, it was “not without challenges and problems that we think we needed to fix.” He cited the use of ballot drop boxes, which he helped write into law but he said were not adequately being administered.“They said the same thing with the last election bill, that we wrote it and they said it was voter suppression, and the exact opposite happened: We had more people vote in the state of Florida than ever before,” he said. “We have 40 days of election with three different ways to vote. How can anyone say voter suppression?”In Arizona, Republican lawmakers have advanced legislation that would drop voters who skip consecutive election cycles from the permanent early voting list. The list currently consists of roughly 3.2 million voters, and critics of the legislation estimate it would purge roughly 100,000 voters.Lawmakers in Florida are seeking to limit drop boxes for ballots.Eve Edelheit for The New York TimesWisconsin Republicans have proposed many restrictions on the disabled, new limits on who can automatically receive an absentee ballot and a requirement that absentee voters provide photo identification for every election — as opposed to having one on file with their municipal clerk.The measures are certain to be vetoed by Gov. Tony Evers, a Democrat, but their sponsor, the Republican State Senator Duey Stroebel, said Friday that the legislation would encapsulate the party’s principles heading into the midterm elections.“It will define that we as Republicans are people who want clean and fair elections in the state,” Mr. Stroebel said. Wisconsin Democrats, confident in Mr. Evers’s veto, are eager to have a voting rights fight be front and center ahead of the 2022 elections, said State Senator Kelda Roys, a Democrat.“People hate the idea that their right to vote is under attack,” Ms. Roys said. “The freedom to vote is just popular. It’s a great issue for Democrats.”The torrent of Republican voting legislation, Democrats say, undermines faith in elections.“Even in states where they won’t be passed and have been introduced, like in Colorado, they’re dangerous,” said Jena Griswold, the secretary of state in Colorado. “The rhetoric of lying and trying to manipulate Americans to keep political power is dangerous. It led to all the death threats that secretaries of state and election officials received in 2020. It led to the insurrection.”Reporting was contributed by More

  • in

    Louisiana Special Election Sets Up a Democratic Showdown

    The first competitive special congressional election of 2021 will unfold on Saturday, with two rival Democrats poised for a runoff to succeed the Biden adviser Cedric Richmond.DONALDSONVILLE, La. — The first competitive special congressional election of the Biden era is most likely heading to a runoff next month, but the battle lines are already drawn ahead of the initial balloting on Saturday in the race to succeed former Representative Cedric L. Richmond of Louisiana.At the center of the debate: which of two New Orleans Democrats positioned to face off in April can better leverage their connections to lift a South Louisiana district hit hard by the coronavirus pandemic.“I would be a freshman with the relationships of a senior member,” State Senator Troy Carter, one of the two lawmakers, said after a sign-waving session on Thursday morning at a busy New Orleans intersection. He was alluding to his endorsements from Mr. Richmond, who left Congress to become a senior White House aide, and from prominent members of the Congressional Black Caucus like Representative James E. Clyburn of South Carolina, the third-ranking House Democrat.But after a meet-and-greet 60 miles up the Mississippi River, his chief rival, State Senator Karen Carter Peterson, said the extensive contacts she had made serving in the State Legislature and on the Democratic National Committee would better benefit voters — and she poked fun at her opponent and his patron, Mr. Richmond.“I don’t need to have the ear of the ear of the ear of the toe of the thumb of someone,” Ms. Peterson said, adding that she would not “have to call the White House” to reach cabinet members because she already knew many of them.After sending a succession of powerhouse Democrats to Washington, from Longs to Landrieus, Louisiana has become so red that its only Democratic representation in the nation’s capital hails from its lone predominantly Black seat, the Second Congressional District, which stretches from New Orleans along the so-called river parishes to Baton Rouge. This small foothold of power brings obvious limitations, but it also confers outsize influence in the party — and never more so than when Democrats have full control of the federal government, as they do now.The eventual winner will have clout not only with a range of political and judicial appointees in the state but also over how Louisiana benefits from the infrastructure bill that is among the next priorities for President Biden. And few regions in the country have the varying needs of South Louisiana, with its dependence on two sectors of the economy that suffered heavily from the coronavirus: tourism and oil and gas.The all-party vote on Saturday, which will head to a runoff between the top two vote-getters if no one reaches a 50 percent threshold, is not the state’s only special congressional election. Voters in the heavily Republican Fifth District in North Louisiana will go to the polls to fill a seat that was supposed to be held by Luke Letlow, 41, who won election in November before dying of Covid-19 the next month. His widow, Julia Letlow, has the support of most state and national Republicans and is heavily favored.It’s in New Orleans, however, where the politics are, as ever, most complex, competitive and more than a little piquant.State Senator Karen Carter Peterson is a former chair of the Louisiana Democratic Party and served as a vice chair on the Democratic National Committee.Chris Granger/The New Orleans Advocate, via Associated PressThe field to replace Mr. Richmond is 15 strong and includes the Baton Rouge-based civil rights activist Gary Chambers Jr., who has developed a following in the state capital.Yet the race has been dominated by the two New Orleans state senators, who would largely vote the same way but represent competing political factions and are running sharply different races as it relates to the seat’s previous occupant.When he announced in December that he was resigning to take a senior position in the White House, Mr. Richmond said he would most likely offer an endorsement. Anyone with more than a passing interest in New Orleans’s byzantine web of political relationships and rivalries knew what that translated to: He would support whoever emerged as the strongest candidate against Ms. Peterson.With its one-party dominance, New Orleans is a city riven not by partisan divisions but by the sort of personal feuds that often shape municipal politics. And, to put it mildly, Mr. Richmond and Ms. Peterson are not allies.“New Orleans is a city of neighborhoods, and this is a multigenerational turf war between the political organizations they came up in,” said Clancy DuBos, a longtime political analyst in the city.This, of course, all mattered very little outside the land between the Mississippi River and Lake Pontchartrain.But then Mr. Richmond joined the White House and Ms. Peterson jumped in the race to succeed him. She was quickly joined by Mr. Carter, who, with the departing congressman’s blessing, boasted, “I would have the ear of the guy who has the ear of the president of the United States of America.”Which is why Ms. Peterson, sitting in a folding chair as her supporters helped themselves to a post-event jambalaya feast near the levee in Donaldsonville, was grinning as she cracked to a visiting reporter about ears, toes and thumbs.A former state Democratic chair and national party vice chair, Ms. Peterson said she would be able to deliver for the district without going through the West Wing.Citing the names of the transportation, energy and housing secretaries, she said, “They personally know me and my work.”Without directly mentioning Mr. Richmond in her remarks to the group, Ms. Peterson implicitly contrasted herself with the former congressman. In a part of the state known as “cancer alley” because of its convergence of illness and petrochemical plants, she presented herself as more pro-environment and said she had heard complaints “that people have been absent.”Julia Letlow has the support of most state and national Republicans and is heavily favored to win the special election in Louisiana’s Fifth Congressional District.Brett Duke/Associated PressMr. Richmond has been criticized by some for being too close to industry and insufficiently attentive to the district’s rural communities.Ms. Peterson’s best applause line, though, might also reflect her best chance to prevail.“There’s never been an African-American woman to serve, in the history of Louisiana, in Washington in the federal delegation,” she said. “When women aren’t at the table, we’re usually on the menu.”At a moment when Black women want to see more of their counterparts in positions of power — a view much of the Democratic base shares as Black women run this year in high-profile elections in places like New York City, Virginia and Ohio — the message plainly resonated.“I’m all for women right now, we just need representation,” said Angela Steib, a Donaldsonville resident who attended the get-together.For his part, Mr. Carter is quick to highlight his support from an array of local female leaders, including the New Orleans City Council president, Helena Moreno — and to intimate that he would be more effective in Washington than Ms. Peterson because of what she acknowledges is her hard-charging approach.“We have a very different style,” he said.Philosophically, the two have not been that far apart in the past. But Ms. Peterson has sought to outflank Mr. Carter on the left in this race, portraying herself as an insurgent even as she trumpets her service as a former state chair and her roster of endorsements, which include the backing of Stacey Abrams and Emily’s List, the group that supports women who are in favor of abortion rights.Asked to describe her style of politics, though, she avoided an ideological label, instead calling herself “responsive” and “honest.” Mr. Carter said, “I am center-left.”In a sleepy spring special election, though, the winner may be determined by which of the two leading candidates has a stronger organization. Both have a long history in local office, both have sought this seat in the past and they have been competitive financially, although Emily’s List has given Ms. Peterson third-party help that Mr. Carter lacks on the airwaves.The early voting ahead of Saturday was dismal, with most of the ballots mailed in by older voters. In a city that loves its politics, there is an unmistakable somnolence to this race, one that locals attribute to the pandemic and fatigue from the 2020 election.That, however, could change once it becomes a head-to-head contest — and especially if the state’s two other Democratic power brokers in office join the fray and make the proxy war complete. Mayor LaToya Cantrell of New Orleans is a Peterson ally who has, notably, not yet endorsed anyone, and Gov. John Bel Edwards, who is closer to Mr. Carter, has also stayed on the sidelines.Asked about the mayor’s potential support, Ms. Peterson suggested that the race was about to become enlivened.“She will speak to her position on the race at the appropriate time,” she said, failing to suppress a smile. More

  • in

    Can Andrew Cuomo Continue to Lead?

    AdvertisementContinue reading the main storyOpinionSupported byContinue reading the main storyCan Andrew Cuomo Continue to Lead?The governor has lost his political allies and the public’s confidence.The editorial board is a group of opinion journalists whose views are informed by expertise, research, debate and certain longstanding values. It is separate from the newsroom.March 13, 2021Credit…Damon Winter/The New York TimesFew political families have had more of an impact on New York politics than the Cuomos. Father and firstborn son both had public service woven deep in their DNA, and both developed a reputation for toughness in service of the common good and their own political ambitions.When we endorsed Andrew Cuomo for another term as governor in 2018, we noted that he was “strategic and at times bullying in his use of power, driven and maddeningly evasive.” Supporters and critics, we wrote, agree that Mr. Cuomo is “a formidable political animal.”There is a lot Mr. Cuomo can be proud of. The governor used his considerable political talents to great effect. He persuaded the State Legislature to legalize same-sex marriage, pass strong gun-control legislation and raise the minimum wage, and he saw New York through several crises, from Superstorm Sandy in 2012 to the coronavirus pandemic. Few people understand how to make government work as Mr. Cuomo does.But those same traits translated into a ruthlessness and power that Mr. Cuomo failed to control. Several female staffers have come forward with accounts of sexual misconduct and harassment. These allegations are under investigation by New York Attorney General Letitia James and the State Assembly. Mr. Cuomo says he is confident that investigations will clear his name.Undergirding these specific accusations is the widespread description of his administration by many former aides as a toxic workplace in which Mr. Cuomo and others ruled by fear and emotional abuse — and drew women whom Mr. Cuomo saw as attractive closer into his orbit, actively encouraging them to wear heels and dress in tightfitting clothing whenever he was around. In New York politics, Mr. Cuomo’s bullying style was an open secret. But the public caught only a glimpse of the dangers of Mr. Cuomo’s behavior recently.It is always preferable to let official investigations run their course, to establish evidence from accusation. If crimes were committed, they should be fairly adjudicated. But the question of the governor’s continued fitness for office is about more than a criminal matter, with different standards.The reality is that Mr. Cuomo has now lost the support of his party and his governing partners. The Democrats who control the State Legislature appear willing to impeach him, to say nothing of the Republicans. New York’s congressional delegation and city leaders, key to his base, have called on him to resign.Voters, who returned him easily to office, will not have their say until the next election, should he decide to run for re-election.The governor has jeopardized the public’s trust at the worst possible moment. The state is facing the hard and urgent task of vaccinating millions of people and recovering from a pandemic that has killed nearly 50,000 of its residents, sickened hundreds of thousands more and devastated the economy.Mr. Cuomo, unsurprisingly to anyone who knows him, brushed off calls to step down and railed against what he called “cancel culture.” Asked whether he had a consensual relationship with any of the women who have come forward, Mr. Cuomo dodged: “I have not had a sexual relationship that was inappropriate. Period.”What the governor failed to grasp during his news conference on Friday was that he owes the public a far more robust explanation for the slew of credible harassment complaints against him, as well as an articulation of why the public should give him their trust.At this point, it is hard to see how Mr. Cuomo can continue to do the public’s important business without political allies or public confidence.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram.AdvertisementContinue reading the main story More