More stories

  • in

    Wisconsin Elections Official Targeted in Partisan Clash Over Voting

    Meagan Wolfe, the Wisconsin Elections Commission administrator since 2018, has been demonized by former President Donald J. Trump’s allies in the battleground state.Republicans in Wisconsin pushing to oust the state’s nonpartisan head of elections clashed on Tuesday with voting rights advocates and some local clerks during a rancorous public hearing in Madison, sowing further distrust about voting integrity.With their new supermajority in the State Senate, Republicans fought over the reappointment of Meagan Wolfe as the Wisconsin Elections Commission administrator.The agency’s head since 2018, Ms. Wolfe has become a steady target of right-wing attacks, fueled by former President Donald J. Trump’s grievances about his defeat in the battleground state in 2020. Many of them hinge on his falsehoods about election fraud and the use of electronic voting machines and ballot drop boxes.Ms. Wolfe did not attend the hearing, where a stream of critics told a Senate election oversight committee that she should be ousted. Among them was Michael J. Gableman, a conservative former Wisconsin Supreme Court justice whom Republicans tasked with leading a 14-month investigation into the 2020 election results in the state. The review, which cost taxpayers $1.1 million, found no evidence of significant fraud.“A majority of people in Wisconsin have doubts about the honesty of elections in this state,” he said at the hearing. “That’s disgraceful.”On Tuesday, Ms. Wolfe declined to comment through a spokesman for the elections commission, who shared a copy of a letter that she sent to legislators in June that had sought to dispel election misinformation.“I believe it is fair to say that no election in Wisconsin history has been as scrutinized, reviewed, investigated and reinvestigated as much as the November 2020 general election,” her letter said. “The outcome of all those 2020 probes produced essentially the same results: the identification of a relatively small number of suggestions for procedural improvements, with no findings of wrongdoing or significant fraud.”Meagan Wolfe, the administrator, did not attend the hearing, where a stream of critics told a Senate election oversight committee that she should be removed.Ruthie Hauge/Wisconsin State Journal, via Associated PressAt the hearing, Ms. Wolfe’s supporters described her as a model of competency who guided a network of state, county and local election officials through the pandemic and has done so in an impartial manner. They warned that her removal would result in chaos.“Considering what happened after the 2020 elections and since, we are in a world of crazy for next year,” said Lisa Tollefson, the clerk of Rock County, in the southern part of the state. “With the actions and accusations that have been made toward election officials, we are certainly seeing the highest turnover in county clerks and municipal clerks in our history.”Dan Knodl, a Republican who is the chairman of the Senate committee, challenged her “world of crazy” remark.“Are you predicting something, or you have information that something is on the horizon?” he said.Ms. Tollefson answered that the political climate was only likely to intensify in Wisconsin and pointed to the hard-fought election in April that flipped Wisconsin’s Supreme Court from conservative to liberal.Several times during Tuesday’s hearing, Democrats argued that the Legislature did not have the authority to vote on Ms. Wolfe’s reappointment, noting that state law requires her renomination to come from the commission.A June vote by the commission on whether to appoint her to another four-year term ended in an impasse, with three Democrats abstaining over concerns that Republicans would use their supermajority in the Senate to remove her. By doing nothing — declining to renominate or take any other action — the commission can effectively keep Ms. Wolfe in her current role under state law.Republicans have challenged the statute, and the issue is expected to end up being decided by the courts.Ann S. Jacobs, a Democratic commissioner, referred to the move by G.O.P. lawmakers to oust Ms. Wolfe as a “circus.”Mr. Knodl bristled at her language and said he was not about to abdicate oversight.“Whether it’s circuslike or not, that’s what we’ll do,” he said. “Thank you for attending the circus.”Jay Heck, executive director of Common Cause in Wisconsin, a government watchdog group, said Ms. Wolfe’s removal would be a major blow to the state, which is likely to once again be a crucial battleground for the presidential race.“The vast majority of Wisconsin’s voters and citizens can and will lose confidence and trust in our elections,” he said. More

  • in

    What Fani Willis Got Wrong in Her Trump Indictment

    By assembling a sprawling, 19-defendant RICO indictment with 41 counts, District Attorney Fani Willis of Fulton County has brought the sort of charging instrument that has typically led to monthslong trials, complicated appeals and exhaustion for the participating attorneys. Now, as some co-defendants seek federal removal while others demand speedy trials in state court, we are starting to see the costs of complexity.In federal and state cases, Donald Trump’s legal game plan has always been the same: delay often and everywhere with the goal of winning the 2024 election and hoping the charges go away. Special Counsel Jack Smith’s election interference indictment — just four counts brought solely against Mr. Trump — makes that difficult. On Monday, the judge set the trial for March 4, 2024.By contrast, the Georgia indictment is a sprawling account of a conspiracy among the former president, his closest advisers and state and local Republican officials to change the outcome of the 2020 Georgia election through an escalating series of falsehoods. For many, it is a satisfying political document. But as a legal instrument, its ambitious scope will provide the co-defendants with many opportunities for delay, appeals, and constitutional challenges.And even though Fulton might very will win in the end, a simpler, more direct approach would likely lead to a better result, faster, here’s why.Much of the Georgia indictment is about how Mr. Trump and others tried to get public officials to do implausible things to hand him the election — things like asking state senators to appoint an alternate slate of electors, calling a special session of the General Assembly or asking the secretary of state to “find” the votes Mr. Trump needed to win.The state chose to charge this conduct in two ways. One of them is strong and simple: Team Trump lied to elected officials and tried to forge documents.The other — that they were aware of the officials’ oaths of office and were hoping specifically to get them to violate it — is unusual and hard to prove.Solicitation requires you to ask someone else to commit a felony intentionally. In this case, the oath of office the defendants were being asked to violate was a promise to follow the Constitution and do what’s best for their constituents. It is indeed a crime in Georgia for a public officer to “willfully and intentionally” violate the terms of his oath.Here’s the problem: It’s hard enough to prove that Mr. Trump’s request violates the Constitution, since the Constitution allows states to figure out how to select electors. But then the state must also prove that Mr. Trump knew this would violate the electors’ oath of office.It seems possible that Mr. Trump had no idea what these officials’ oath of office was, maybe even no idea that they swore an oath at all. Under Georgia’s “mistake of fact” affirmative defense, if Mr. Trump has some evidence that he was operating under a “misapprehension of fact” that would justify his actions, the state must disprove it beyond a reasonable doubt.There are a few reasons this could be a strong defense. First, Mr. Trump surrounded himself with individuals who told him what he was doing was legal. Georgia does not normally have an “advice of counsel” defense, but in this context it seems relevant that people he apparently trusted were not telling him this would violate any oath of office.And to put it gently, Mr. Trump is plausibly ignorant on a variety of subjects, ranging from how hurricanes are formed to whether it’s a good idea to use or inject disinfectants as a possible Covid cure. Even if prosecutors can meet the burden of showing that what he requested was unconstitutional — not necessarily an easy thing to establish with a jury of non-lawyers — it may be difficult to prove that Donald Trump knew, or cared, what the Constitution had to say on the subject.Then there’s the Hawaii precedent. Mr. Trump’s advisers were relying on an incident from the 1960 presidential election, when Richard Nixon looked as though he had won the state of Hawaii by a few dozen votes. But the results were so uncertain that three Democrats submitted their Electoral College votes just in case, and when, after a recount, it looked like John F. Kennedy was the actual winner, the Senate (headed by Nixon) unanimously agreed to the alternate slate.Even though no court ever blessed this procedure, or even held that it wasn’t criminal, Mr. Trump’s team could argue with a straight face that they believed their request was legally possible.There’s also the possibility of a First Amendment defense. Typically, people are allowed to petition the government to do things, even unconstitutional things. That a court might, down the line, find those things to be unconstitutional seems like a dangerous basis to criminalize that petitioning.I’d understand bringing these charges to get at some obviously bad and immoral conduct by the president if there were nothing else available. But there are other, much stronger charges in the same indictment without the same constitutional concerns. Take the false statement counts: The very best case that Mr. Trump and his team could cite is United States v. Alvarez, where the Supreme Court held that there is a First Amendment right to lie about having received the Medal of Honor. But the Supreme Court also specifically said that this protection vanishes when lying for material gain, or to the government.Rudy Giuliani told state legislators that election workers were passing around flash drives like “vials of heroin” and that thousands of dead and felonious voters participated, but he can’t claim those statements have constitutional protection. All Mr. Giuliani can do is show the court what evidence supported those statements. There is none. And what’s more, Mr. Giuliani recently admitted in a civil filing that his claims against two Fulton County election workers had been false. Despite claiming that it was for “this litigation only,” that’s an admission.Similarly, the forgery charges simply need to establish a conspiracy to create fake elector votes that could potentially be counted on Jan. 6. It’s irrelevant whether the parties thought it was legal to do this, so long as they knew they were not, in fact, the duly appointed electors.So it is an odd legal choice to drag a jury through weak, disputed counts in a monthslong trial when you could just focus on the counts that are hard to challenge and easy to explain, saving weeks in the process. The RICO count will already require dozens of witnesses and some complicated instructions, so tossing in these oath of office charges seems like a recipe for confusion and delay.And it’s not just the charges that complicate things, but the sheer number of defendants. A judge granted one co-defendant, Ken Chesebro, a speedy trial, which will require Fulton County to bring this case to trial by Nov. 3 or acquit him as a matter of law. (Sidney Powell has also requested a speedy trial.)Ms. Willis reacted by requesting an October date for the entire case, but at least for the moment, a judge has declined her request. This puts the prosecutors in a bind. Mr. Chesebro’s trial would give Mr. Trump a useful preview of the entire case, from voir dire to closing arguments, which could weaken the effectiveness of Ms. Willis’s prosecution of Mr. Trump and the other defendants. It would allow Mr. Trump’s lawyers to dig into witness testimony and perhaps encourage Georgia Republicans to step in.Additionally, it might be very difficult for Fulton County to actually grant these parties the speedy trial they’ve requested. There is some Georgia authority to suggest that a trial does not “begin” under the statutory speedy trial act until a jury is empaneled and sworn. What happens if Fulton County needs a month, or two months, to actually select the jury that will be sworn?And for all the talk of potentially flipping co-defendants, many of the people in this case don’t have all that much criminal exposure. With no mandatory minimums for prison time and no criminal history, many of the participants could reasonably expect probation, and maybe even a first-offender sentence that would not count as a felony. A simpler case, with fewer co-defendants, would go more swiftly, with less legal uncertainty.As a general, George Washington was known for unworkable battle plans. Where an ordinary commander might send all his troops to one location at one time, Washington would split them into three columns, expecting them to arrive all at one spot with precision timing. It rarely worked out. Despite those mistakes, he’s now best known for winning.For all the potential problems with this indictment, I would still expect Ms. Willis to secure a conviction against Mr. Trump on one or more counts if this case goes to trial as it intends.But there are a dozen ways that things can go sideways, and it is very possible that history will remember the two years that Fulton County took to bring these charges as a wasted opportunity to make a simpler case.Andrew Fleischman is an attorney at Sessions & Fleischman in Atlanta.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

  • in

    Trump Supporters’ Calls for Georgia to Stymie Prosecution Fall Flat

    Appeals by the former president’s supporters to change the state’s rules on pardons, and to investigate or even impeach the prosecutor in the case, will likely go nowhere, at least for now.The racketeering case against Donald J. Trump and his allies in Georgia has ignited outrage among staunch supporters of the former president, pushing some to urge the Republican-controlled state legislature to find a way to intervene.Change the state’s rules on pardons to empower the governor to absolve Mr. Trump and his associates should they be convicted — that has been one suggestion making the rounds on social media and conservative talk shows this week.And on Thursday, a state senator from rural northwest Georgia sent a letter to the Republican governor, Brian Kemp, demanding an emergency special session for “the review and response to the actions of Fani Willis,” the Fulton County district attorney who is leading the case.The odds of any of that coming to fruition anytime soon: slim to nonexistent.“It ain’t going to happen,” said Charles S. Bullock III, a political science professor at the University of Georgia, who is considered a leading scholar on politics in Georgia and the South, which he has studied for more than five decades.There are not only procedural hurdles standing in the way but the political reality in Georgia. Mr. Kemp, who would have to call a special session, has signaled he has no interest in doing so. He and Mr. Trump parted ways in 2020 after he refuted Mr. Trump’s claims of election fraud in the state; this week, he once again pushed back on such claims.And while Republicans control the legislature, they do not appear to have the votes needed to achieve what Mr. Trump’s supporters are seeking. For one thing, they lack a two-thirds majority in the State Senate.State Senator Colton Moore, who wrote the letter calling for the special session, has argued that the prosecution of Mr. Trump was politically motivated, and that the Legislature should investigate Ms. Willis, an elected Democrat, and possibly impeach her.In interviews with conservative commentators on Thursday, Mr. Moore asserted that Ms. Willis was “using taxpayer money, using her government authority, to persecute her political opponent.”The Fulton County district attorney’s office declined to comment on Mr. Moore’s letter.Separately, some Trump supporters have pushed for changes in how pardons are given in the state. In Georgia, the power to pardon rests with a state board appointed by the governor, not with the governor himself. A pardon is a possibility only for an individual who has completed the sentence and “lived a law-abiding life” for five years before applying.Changing the law would require amending the state Constitution, which would require the approval of two-thirds of the Legislature.Cody Hall, a senior adviser to the governor, strongly suggested to The Atlanta Journal-Constitution on Thursday that Mr. Kemp was opposed to challenging the Trump prosecution. “Where have I heard special session, changing decades-old law and overturning constitutional precedent before?” Mr. Hall asked, referring to unsuccessful calls from Mr. Trump and others for a special session to overturn President Biden’s win in the state. “Oh right, prior to Republicans losing two Senate runoffs in January of 2021.”He was referring to the runoff races that Republican incumbents lost that month to Senators Jon Ossoff and Raphael Warnock, both Democrats, as Mr. Trump clung to claims of election fraud in Georgia.“What are people hoping to learn in the second kick of the election-losing mule?” Mr. Hall added.Asked on Thursday about the new call for a special session, a spokesman for Mr. Kemp referred a reporter to Mr. Hall’s comments to the Journal-Constitution.Representative Jon Burns, the Republican speaker of the Georgia House of Representatives, declined through a spokesman to comment.Still, the state’s Republican leadership was not completely averse to the idea of challenging local prosecutors. Legislation signed this year by Mr. Kemp establishes a state commission that could investigate local prosecutors or remove them from office.Ms. Willis was a principal critic. More

  • in

    Republicans Won’t Stop at Banning Abortion

    There is no way to regulate and control pregnancy without regulating and controlling people. States that have enacted abortion bans in the wake of the Supreme Court’s ruling last year in Dobbs v. Jackson Women’s Health have also considered the establishment of new regimes for the surveillance and criminalization of anyone who dares to circumvent the state’s dictates for the acceptable use of one’s body.This is why the war on abortion rights is properly seen as a war on bodily autonomy and why the attack on reproductive freedom has moved hand in hand with a renewed attack on the gay, queer and transgender community. It’s all part of the same tapestry of reaction. And this reactionary impulse extends to the means of the anti-abortion political project as well as its ends.The same lawmakers who want to rob their constituents of the right to bodily autonomy have also begun to treat democracy as an obstacle to avoid, not a process to respect. If the people stand in the way of ending abortion, then it’s the people who have to go.We just witnessed, in fact, an attempt by anti-abortion lawmakers to do exactly that — to try to remove the public from the equation.A majority of Ohio voters support the right to an abortion. The Ohio Legislature — gerrymandered into an seemingly perpetual Republican majority — does not. In many states, this would be the end of the story, but in Ohio voters have the power to act directly on the state constitution at the ballot box. With a simple majority, they can protect abortion rights from a Legislature that has no interest in honoring the views of most Ohioans on this particular issue.Eager to pursue their unpopular agenda — and uninterested in trying to persuade Ohio voters of the wisdom of their views — Republican lawmakers tried to change the rules. Last week, in what its Republican sponsors hoped would be a low-turnout election, Ohioans voted on a ballot initiative that would have raised the threshold for change to the state constitution from a simple majority to a supermajority. They defeated the measure, clearing the path for a November vote on the future of abortion rights in the state.In his opinion for the court in Dobbs, Justice Samuel Alito cast the decision to overturn Roe and Casey as a victory for democracy. “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives,” he wrote. Reproductive rights, Alito continued, quoting Justice Antonin Scalia’s 1992 dissent in Casey, are “to be resolved like most important questions in our democracy: by citizens trying to persuade one another and then voting.”Citizens can persuade each other, and they can vote. But our political system is not designed to turn the aggregate preferences of a majority into direct political power. (If that were true, neither Alito nor his Republican colleagues, save for Clarence Thomas, would be on the Supreme Court.) More important, Alito’s vision of voting and representation only works if that legislative majority, whoever it represents, is interested in fair play.But as the Ohio example illustrates, the assault on bodily autonomy often includes, even rests on, an assault on other rights and privileges. In Idaho, to give another example, the No Public Funds for Abortion Act, which passed before Dobbs was decided, would punish state employees with the termination of employment, require restitution of public funds and possible prison time for counseling in favor of an abortion or referring someone to an abortion clinic. Other legislatures, such as those in Texas and South Carolina, have pushed similar restrictions on speech in pursuit of near total abortion bans in their states.There’s something that feels inevitable in this anti-abortion turn toward political restriction. The attack on bodily autonomy is not general. It is aimed, specifically, at women. It subjects their bodies to state control and in the process degrades their citizenship. “Without the ability to decide whether and when to have children, women could not — in the way men took for granted — determine how they would live their lives, and how they would contribute to the society around them,” the dissenters in Dobbs wrote. For women to take their place as “full and equal citizens,” they “must have control over their reproductive decisions.”In other words, the attack on bodily autonomy is an assault on both political equality and reproductive freedom. It creates a class of citizens whose status is lower than that of another group. And once you are in the business of degrading the citizenship of one group of people, it’s easy to extend that pattern of action to the citizenship of other groups of people. The authoritarian habits of mind that you cultivate diminishing one form of freedom may lead you to view other forms of freedom with equal contempt.For now, the anti-abortion project is an assault on one form of freedom. But don’t be surprised if, to secure whatever victories it wins, it becomes an attack on all the others.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

  • in

    How Are Iowa Democrats? ‘I Can’t Even Describe to You How Bad It Is.’

    Not long ago, Iowa was the center of the Democratic political universe.In 2019, two dozen presidential candidates roamed the Iowa State Fair to grill pork chops and admire the famed butter cow as they vied for the state’s caucusgoers. Some Democrats still saw the state’s rightward jolt in 2016 as temporary, believing that their flipping of two congressional seats in 2018 had reaffirmed Iowa’s purple status. Days before the 2020 general election, Joseph R. Biden Jr. campaigned in Des Moines.Now, as Republican presidential candidates flock to the fair, Iowa Democrats are at their lowest point in decades.“It is so bad,” said Claire Celsi, a Democratic state senator from West Des Moines. “I can’t even describe to you how bad it is.”Ms. Celsi and others described themselves as exhausted by repeated defeats at the ballot box, an inability to slow Republicans at the State Capitol and the loss to South Carolina of the first-in-the-nation status in Democratic presidential contests. Deep in the minority, Democrats in the State Legislature have squabbled among themselves, ousting their party’s State Senate leader in June after a dispute over personnel.In interviews this week, Iowa Democrats said the state now stood as a warning sign for what happens when their party falls out of touch with voters who once made up key parts of its electoral coalition.“There’s no question that Democrats are at a low point in Iowa,” said former Representative Dave Loebsack, whose eastern Iowa seat, which he had held for 14 years, flipped to a Republican when he chose not to seek re-election in 2020. “It’s difficult even to recruit people to run when we’re so far down.”Iowa’s transition to a deep-red state has taken place with remarkable speed. Democrats controlled the State Senate as recently as 2016. In 2018, Democrats won three of the state’s four congressional seats and three of the six statewide offices. But after the party’s bungling of its 2020 presidential caucuses, President Donald J. Trump cruised to victory in Iowa that November.Claire Celsi, a Democratic state senator from West Des Moines, said simply of the situation for Iowa Democrats, “It is so bad.”Hilary Swift for The New York TimesThe midterm elections last year were a Democratic blood bath in Iowa, even though the party had over-performed in much of the rest of the country.The underfunded, little-known Democratic nominee for governor lost by 19 percentage points to Gov. Kim Reynolds, a Republican, and carried only four of the state’s 99 counties. Republicans took all four congressional seats for the first time in 50 years, enacted a gun rights amendment in the State Constitution, ousted two of the three Democrats in statewide office and took supermajority control of both chambers of the Legislature.The three congressional seats Democrats held as recently as 2020 are still winnable, Democrats say, but the party doesn’t have 2024 candidates for any of them so far.“We should have candidates out there thinking, ‘If I get a few breaks, I can win,’” said Pete D’Alessandro, a senior aide to Senator Bernie Sanders’s presidential campaigns in Iowa. “That we don’t is a direct reflection of having an incompetent party for the last couple of years.”Democrats, including Mr. D’Alessandro, express optimism about the party’s new chairwoman, Rita Hart, who has sought to empower county-level leaders. Ms. Hart, who in 2020 lost the congressional race for Mr. Loebsack’s seat by six votes, said Iowa Democrats would have to fight for a focus on local issues.Ms. Hart took over the party in January, after a period in which Iowa Democrats had four leaders in less than two years. She has sought to instill some continuity while reorienting the party’s priorities away from the presidential cycle and toward local needs.“The way the media has changed, the way people have gotten their information, we have not shifted to understanding that we’ve got to talk to our fellow Iowans,” she said. “I’m very convinced that we’ve got to empower our county parties to do just that.”The struggles of Iowa Democrats reflect the broader migration of white, rural voters to Republicans, a long-term trend that has accelerated during Mr. Trump’s political career. Iowa has just two big cities, Des Moines and Cedar Rapids, and two college towns that state Democrats can still count on winning.Interviews with two dozen Democrats in the state suggest that the party has suffered from a confluence of problems, including diminished campaigning during the coronavirus pandemic; Mr. Trump’s appeal to the white, rural voters who dominate state politics; and weak messaging in the 2022 elections.Democrats have faced numerous setbacks this year, including Republicans’ passage of a six-week abortion ban — which has been temporarily halted by a court order — and a new program that allocates state money toward private school vouchers.“It’s just been so exhausting and frustrating to continue to take losses,” said Sarah Trone Garriott, a Democratic state senator who was the party’s rare bright spot last year when she flipped a suburban Des Moines district to beat the Republican president of the chamber.She added, “If I had known everything that I was getting into, I don’t think I would have run in the first place, because it’s just been really hard, but I see so much opportunity in Iowa.”Losing the first presidential contest after the state party had suffered international ridicule for the 2020 caucuses fiasco forced what several Democrats described as a long-overdue reckoning. No longer can the party rely on a periodic influx of fund-raising and attention. Internal discussions now center on how to act more like successful red-state Democrats elsewhere, nominating moderate candidates who can attract independent voters who have been tilting more conservative with each election.“I’m hopeful that now our attention is on getting people elected and getting Democrats to turn out the vote rather than a national entity that overtakes everything,” said J.D. Scholten, a state representative from Sioux City who in 2018 nearly defeated Representative Steve King, a hard-right Republican with a history of racist remarks.Mr. Scholten, who spent years playing professional baseball in several countries, will not attend the State Fair because he’s pitching for a team in the Netherlands this summer. Ms. Celsi said she wouldn’t go because it is “Kim Reynolds’s show.” And Mr. Loebsack said he was staying home because the country music acts at the fair’s amphitheater did not appeal to him and his wife.Gov. Kim Reynolds of Iowa, a Republican, holding an interview at the State Fair. She easily won re-election last year.Maddie McGarvey for The New York TimesIt’s clear that Iowa Democrats have a long way to go.Republicans, with a hammerlock on the state’s politics, dominate fund-raising and media attention — and that was before the G.O.P. presidential candidates made themselves regulars at local fund-raisers and other political events.That has left Democrats doing a lot of finger-pointing and soul-searching about what has gone wrong, whether they have hit rock bottom yet and how to maneuver their way back to political relevance.“The Iowa Democratic Party didn’t prepare for the transition to understanding and using social media,” said Jack Hatch, a longtime state legislator who was the Democratic nominee for governor in 2014. “Some individual campaigns understood, but not the party. As a result, we had one message for all campaigns, which weakened all our campaigns. One message doesn’t work in Iowa.” More

  • in

    Anti-Abortion Republicans Don’t Want You to Notice Ohio’s Issue 1

    There’s an extraordinarily important referendum in Ohio next week that the anti-abortion movement hopes most citizens don’t notice. It’s a vote that demonstrates why reproductive rights and the preservation of democracy, two issues that have catalyzed recent Democratic victories, are intertwined. That’s almost certainly why it’s being held in the torpid month of August, a time when a great many people would rather think about almost anything other than politics.Issue 1, which Ohio Republican legislators put on the ballot, would make future ballot measures to change the state Constitution harder to pass in two key ways. If it’s approved, citizens who hope to put amendments to the voters would first have to collect signatures in each of the state’s 88 counties, up from 44 now. And to pass, constitutional ballot initiatives would need to win 60 percent of the vote, rather than a simple majority.The measure’s import may not be immediately clear to voters, but it’s meant to thwart a November ballot initiative that will decide whether reproductive rights should be constitutionally protected in Ohio, where a sweeping abortion ban is tied up in court. Publicly, Ohio’s Republican secretary of state, Frank LaRose, has denied that abortion is the motivation behind Issue 1. But at a private event in May, he told a group of supporters, “It’s 100 percent about keeping a radical pro-abortion amendment out of our Constitution.”The outcome of next Tuesday’s vote will resonate nationally, because the strategies of both Ohio abortion-rights supporters and opponents are being replicated elsewhere. Throughout the country, reproductive-rights advocates, faced with legislatures that have insulated themselves from the popular will, are turning to referendums to restore some of what was lost when the Supreme Court overturned Roe v. Wade. And throughout the country, abortion opponents understand that to keep abortion illegal, they need to change the rules.Most voters, as we’ve seen repeatedly, want abortion to be legal. Last August, a Kansas measure declaring that abortion isn’t protected by the state’s Constitution was defeated by an overwhelming 18 percentage points. In the midterms, there were abortion-related initiatives on the ballots in five states, including Kentucky and Montana, and the pro-choice side won all of them. Encouraged by these victories, activists are planning ballot measures to restore reproductive rights in states including Arizona, Florida, Missouri and, of course, Ohio.Ohio has been trending right for years, but gerrymandering ensures that the State Legislature is far more extreme than the population. As The Statehouse News Bureau, a news organization devoted to Ohio politics, has reported, “Ohio’s voter preference over the past 10 years splits about 54 percent Republican and 46 percent Democratic.” Yet under Ohio’s highly gerrymandered maps, Republicans control 67 of 99 State House seats and 26 of 33 State Senate seats. The Ohio Supreme Court has repeatedly ruled these maps unconstitutional, but before the last election, federal judges appointed by Donald Trump ordered the state to use them.“This August election is sort of a final vote that gives the people any chance to say, at some point we still exert power here,” said David Pepper, former head of the Ohio Democratic Party and author of “Laboratories of Autocracy,” a book about undemocratic right-wing statehouses.Ohio, you might remember, is the state that forced a 10-year-old rape victim to flee to Indiana for an abortion. Its prohibition on abortion once fetal cardiac activity is detectable — usually at around six weeks of pregnancy — has no exceptions for rape or incest. The Republican governor, Mike DeWine, told The Statehouse News Bureau that even though he signed the law, he thinks it goes farther than voters want, and he urged lawmakers to amend it, though he didn’t specify how. But with Republicans in gerrymandered districts more worried about primary challenges from the right than about general election challenges from the center, they have little incentive to respond to public sentiment. Instead, some anti-abortion lawmakers want even stricter anti-abortion laws, and one, Representative Jean Schmidt, has said she’d consider a ban on birth control.The November ballot initiative to make abortion a constitutional right is a chance for Ohio voters to circumvent their unrepresentative representatives. With this August initiative, the Republicans are working to head off the voters by essentially asking them to disenfranchise themselves. Because most people are unlikely to give up their rights quite so easily, Republicans scheduled the vote at a time when few are paying attention. Just last December, Ohio Republicans voted to effectively eliminate August special elections because of their expense and low turnout. But for this election, they reversed themselves.It is not just Democrats who oppose Issue 1; the former Ohio governors John Kasich and Bob Taft, both of whom are Republicans, do as well. “This is a fundamental change in Ohio’s voting rights,” Taft said during a League of Women Voters forum in June, adding, “I just think it’s a major mistake to approve or disapprove such a change at the lowest-turnout election that we have.”The task for opponents of Issue 1 isn’t to convince voters, but to alert them. “It’s just a math question: Can you reach enough people on a short timeline?” said Yasmin Radjy, executive director of the progressive group Swing Left, which is running a get out the vote drive in Ohio. Polling has been mixed: A July USA Today/Suffolk University poll found that 57 percent of voters oppose the measure, but one from Ohio Northern University shows a tossup, with a little more than 42 percent supporting Issue 1, 41 percent opposing it, and the rest neutral or undecided. (Interestingly, the Ohio Northern poll also shows that almost 54 percent of voters support a constitutional amendment to protect reproductive rights, suggesting that some voters aren’t connecting Issue 1 to abortion.) As The Columbus Dispatch points out, there hasn’t been an August vote on a ballot initiative in Ohio in almost a century, making the outcome unpredictable.Issue 1’s backers are doing their best to confuse Ohioans with ads suggesting, bizarrely, that the initiative is about defending parents’ rights against those who, as one spot said, “put trans ideology in classrooms and encourage sex changes for kids.” This is such dishonest agitprop that it’s challenging to even parse the logic behind it, but essentially, Issue 1 proponents are pretending that language in the November referendum saying that “individuals” have the right to make their own “reproductive decisions” implies that children have the right to transition without parental consent.If the right prevails on Issue 1 — and probably even if it doesn’t — you can expect to see the blueprint repeated in other places. Already, Republicans in states including Florida, Missouri and North Dakota, recognizing the danger that direct democracy poses to their own abortion bans, are trying to make the ballot initiative process much more onerous.In May, Dean Plocher, the Republican speaker of the Missouri House, angry that a bill creating new obstacles to citizen-led ballot initiatives had stalled in the State Senate, warned that, in the law’s absence, there would be a referendum to “allow choice,” which would “absolutely” pass. If that were to happen, he said, the Senate “should be held accountable for allowing abortion to return to Missouri.” It’s not clear whom exactly he thought the Senate should be accountable to. He certainly didn’t mean the voters.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

  • in

    Alabama Scrambles to Redraw Its Voting Map After a Supreme Court Surprise

    State lawmakers have until Friday to come up with new congressional districts that do not illegally dilute the power of Black voters.Under orders from the Supreme Court to produce a voting map that no longer illegally dilutes the power of Black voters in Alabama, the state’s lawmakers are now facing a high-stakes scramble to come up with an acceptable replacement by the end of this week.A little over a month after the court’s surprise ruling, the Alabama legislature will convene for a special five-day session on Monday, with the Republican supermajority having given little public indication of how it plans to fulfill a mandate to craft a second district that allows Black voters to elect a representative of their choice — one who could well be a Democrat.The effects of the revised map, which must be passed by Friday and approved by a federal court, could reverberate across the country, with other states in the South confronting similar voting rights challenges and Republicans looking to hold onto a razor-thin majority in the U.S. House of Representatives next year.The session also comes at a pivotal moment in the debate over the constitutionality of factoring race into government decisions, as conservatives have increasingly chipped away at the 1965 Voting Rights Act and other longstanding judicial protections centered on equality and race.“The eyes of the nation are looking at you,” Evan Milligan, one of several Alabama residents who had challenged the legality of the map, told lawmakers during a committee hearing in Montgomery on Thursday. “If you can cut out the noise, look within — you can look to history, you can make a mark in history that will set a standard for this country.”Alabama has a long list of bitter disputes over the enforcement of the Voting Rights Act, a landmark law born out of the civil rights movement whose key provisions were gutted by a 2013 Supreme Court decision. Litigation forced the creation of Alabama’s first majority-Black congressional district in 1992, and the seat has been represented by a Black Democrat ever since then.But the current fight stems from lawsuits filed to oppose the map drawn after the 2020 census. In a state where 27 percent of the population is Black, the Republican-controlled legislature packed nearly a third of the Black population into that one district. The state’s remaining six districts each elected a white Republican.There is little disagreement that voting in Alabama is highly polarized, but lawyers for the state legislature attributed the situation to politics rather than race. (The Supreme Court ruled in 2019 that a gerrymander that discriminates against one party’s voters is a political problem, not a legal one.)Evan Milligan, an Alabama resident who sued over the state’s voting map, speaking with reporters outside the Supreme Court in Washington last year.Patrick Semansky/Associated Press“Black Alabamians’ ‘candidates of choice’ tend to lose elections in Alabama not because they are Black or because they receive Black support, but because they are Democrats,” the state’s lawyers wrote.And with about 80 percent of Black voters in Alabama identifying as Democrats or leaning toward Democratic candidates, according to the Pew Research Center, “that just makes them easy prey in terms of redistricting,” said Seth C. McKee, a University of Oklahoma professor who has written about political realignment in the South. “And once Republicans get control, it’s just difficult for them not to dominate.”But a federal panel of three judges unanimously said the map had most likely violated the Voting Rights Act and ordered it redrawn, four months before the 2022 primary elections. The Supreme Court, while agreeing to consider the challenge, allowed the map to go into effect ahead of the November elections.Many experts expected the Supreme Court to say in the Alabama case what it essentially said in its decision outlawing affirmative action in education: Making allowances to remedy discrimination against one group inevitably ends up discriminating against other groups.However, in June, the court narrowly upheld Section 2 of the Voting Rights Act, the principal remaining clause of the law, which outlaws any election law or rule that discriminates based on race, color or language. That decision has already had ramifications elsewhere: a similar lawsuit is now moving forward in Louisiana, while voting rights advocates in Georgia have begun sparring with the state over whether the ruling affects similar lawsuits there.“We’re already showing how this opinion is going to have ripple effects,” said Abha Khanna, who represented some of the Alabama plaintiffs as the head of the Elias Law Group’s redistricting practice. She added, “You are sending a message to states and jurisdictions.”The Alabama legislature now has until Friday to create another map that gains approval from a federal court, and has solicited public proposals. Should the legislature fall short, the map could again be challenged, leaving open the possibility that the court would draw its own map and cut out the legislature altogether.“It is critical that Alabama be fairly and accurately represented in Washington,” said Gov. Kay Ivey, a Republican, as she formally summoned the legislature back for the special session. “Our legislature knows our state better than the federal courts do.”But it leaves Republicans with a task that could jeopardize the electoral security of one of their own in Congress. The nonpartisan Cook Political Report now marks the once solidly Republican First and Second Congressional Districts as toss-ups, citing “the presumption that one of their seats will ultimately become a Montgomery and Mobile-based Black majority seat that comfortably elects a Democrat.”On Thursday, multiple Black Republicans spoke during the committee hearing, including Belinda Thomas, a Dale County councilwoman and Republican Party official who later described herself as “living proof” that the current map made it possible for Black candidates to succeed. Some residents and officials also raised concerns about diminishing the representation of rural communities and economic opportunity under some of the proposed maps.State Senator Rodger Smitherman comparing congressional maps during a special session on redistricting at the Alabama Statehouse in Montgomery in 2021.Mickey Welsh/The Montgomery Advertiser, via Associated PressDemocrats appeared divided over which plan to back, with some lawmakers supporting one that relies on a combination of traditionally Democratic voting blocs to create a new district in order to avoid drawing on racial lines. At least one of the plaintiffs wore a T-shirt emblazoned with their preferred map, which would enshrine the 18 counties of Alabama’s Black Belt, the stretch of historically rich soil that fueled cotton plantations worked by slave labor, into two districts with at least 50 percent of the Black voting population.“I want myself and my community to have a seat at the table, rather than be on the menu,” said Shalela Dowdy, a Mobile resident and one of the plaintiffs.But notably absent from the public discussion on Thursday was any plan backed by the Republican supermajority. State Representative Chris Pringle, a Republican from Mobile, said that a final map would be shared before a committee meeting on Monday, although Democrats balked at being left out of the process and at the public getting little time to review a final plan.“This is a really tortured process,” said State Representative Chris England, a Democrat from Tuscaloosa. He added that “everybody else has been presenting the maps that they believe best represent the state of Alabama, give everybody an opportunity to be represented, but the supermajority has not.”Mr. Pringle said that the committee tasked with overseeing the creation of the new map had been overwhelmed with a number of submissions, including from as far away as France and New Zealand. A little over a dozen had been made public online or in a hearing, with Mr. England sharing a few more maps circulated among the committee on Twitter on Friday evening.“We have been pretty much overwhelmed,” Mr. Pringle said.Adam Liptak More

  • in

    A Century Ago, Golf Fans Watched a ‘Do-or-Die’ Moment

    Bobby Jones won the first of his four U.S. Opens at a course near what is now Kennedy Airport. The New York Times was there.Good morning. It’s Friday. Today we’ll look at a moment in the history of golf that will be recreated where it happened 100 years ago tomorrow. We’ll also get details on why there will probably be more squabbling over the maps for New York’s congressional districts.Bobby Jones in 1927, four years after he won the U.S. Open at Inwood Country Club.Fox Photos/Getty ImagesOn July 15, 1923, 100 years ago tomorrow, a 21-year-old golfer named Bobby Jones stood just off the 18th fairway at Inwood Country Club, now just across from Kennedy International Airport. My colleague Corey Kilgannon explains how Jones made history:Jones had squandered a commanding lead in a playoff for the U.S. Open the day before, but he still had a chance to salvage a victory over the Scottish star Bobby Cruickshank — if Jones made a daunting shot. The New York Times described what happened as “truly miraculous.”“Without a moment’s hesitation,” The Times said, “Jones drew his No. 1 iron out of the bag, took a momentary look at the lie, glanced at the flag and swung. The ball flew off the face of his club, rose in the air and carried squarely on the green, 190 yards away.” The ball landed within six feet of the cup.That moment will be memorialized on Saturday at Inwood, where several of Jones’s descendants are expected at a club tournament and dinner. Among them is a grandson, Dr. Bob Jones IV, who said his grandfather had been on a losing streak and was considering quitting championship golf until his “do-or-die moment” in 1923.“When he got to Inwood, he was really considering that this might be his last tournament,” Dr. Jones said. “If he had not executed that shot and won, I think he would have given up tournament golf and become an obscure sports trivia item.”Instead, Jones drilled the ball next to the hole and two-putted to win the first of his four U.S. Opens.It jump-started golf’s most successful amateur career, one that would include Jones’s 13 majors, four of them in a single calendar year (1930) — golf’s Grand Slam. He became a lawyer but later designed the Augusta National Golf Club and co-founded the Masters tournament.Bobby Jones receiving the trophy after winning the U.S. Open in 1923.Edwin LevickHis triumph at Inwood came at a time when golf had assumed a place in the debonair lives of the well-to-do in the Jazz Age, when the New York area was the cradle of golf in America. There’s a reason F. Scott Fitzgerald made the blasé Jordan Baker a golfer in “The Great Gatsby,” published two years after Jones’s Inwood victory. Babe Ruth and the Three Stooges used to frequent Van Cortlandt, a public course in the Bronx.Inwood will try to recapture the old-fashioned vibe on Saturday. On several holes, players will have to use hickory-shafted replicas of Jones’s clubs. For the putting contest, they will have to use a replica of Jones’s favorite putter, which was known as Calamity Jane, and old-fashioned golf balls. For the dinner in the clubhouse, guests are encouraged to wear Jazz Age dress.But first, during the cocktail hour, they will get a chance to replicate Jones’s storied shot from the same spot. If they can. It is still a daunting shot, even with modern high-compression golf balls and titanium-shafted clubs.“With a wooden shaft, it’s a lot harder to get the ball up in the air,” said Kyle Higgins, the club’s head pro, who added that Jones often played in a long-sleeve dress shirt and tie — something Higgins has tried himself, to get the feel of hitting the way Jones did. (“It’s definitely restrictive and makes it pretty tough to swing,” he said.)Jones had wasted a three-shot lead in the final round to let Cruickshank into a playoff. But Jones’ shot on 18 “sealed the fate of the little Scottish gamecock,” The Times reported, and “opened up the portals of fame” to Jones.The celebration, with spectators carrying Jones triumphantly toward the clubhouse as a kilted bagpiper wailed away, is known to many club members even today.“The day is less about competition and more about celebrating the anniversary,” said the club’s golf chairman, Brian Ziegler. “We try to make sure everyone who joins is aware of the club’s history, and we knew we needed to celebrate the 100th anniversary.”WeatherIt’s going to be mostly cloudy, with temperatures in the 80s. There’s a chance of showers and thunderstorms in the afternoon persisting into the evening. At night, temps will fall to the mid-70s.ALTERNATE-SIDE PARKINGIn effect until Aug. 15 (Feast of the Assumption).The latest New York newsSeth Harrison/USA Today NetworkPolice fatally shoot man after report of stolen fruit: A 37-year-old man was shot by the police in New Rochelle, N.Y., on July 3 after he was accused of eating grapes and a banana without paying, his family’s lawyer said. The man died a week later.Mayor turns to his religious base: As signs of trouble have arisen in recent weeks, Mayor Eric Adams has leaned heavily on the religious segment of his multiethnic, outer Manhattan base for support.One man’s war on pickleball: “Paddleball Paul” is making his last stand to eradicate pickleball from the handball courts of Central Park. It’s not going very well.More squabbling over mapsCarlos Bernate for The New York TimesA New York appeals court ordered the state’s congressional map redrawn yet again. Or re-re-redrawn.Language aside, the Appellate Division of the State Supreme Court in Albany sided with Democrats in a long-running legal fight, saying that the districts drawn last year on orders from the state’s highest court had been only a temporary fix. The justices ordered the state’s bipartisan redistricting commission to restart a process that would effectively give the Democrat-dominated State Legislature final say over the contours of New York’s 26 House seats for the rest of the decade.My colleague Nicholas Fandos writes that if that decision is upheld, as many as six Republican-held seats could go the Democrats’ way.The state’s highest court, the Court of Appeals, will have the final say, because Republican leaders immediately said they would appeal. And it was the Court of Appeals that blocked Democrats’ attempt to gerrymander the maps of the state’s congressional districts last year. The high court said then that the Democrats had violated the state Constitution and ignored the will of voters who approved a 2014 constitutional amendment intended to limit political influence in redistricting.The current district lines were drawn by a court-appointed expert last year to maximize competition. The new map helping Republicans flip four seats on the way to taking control of the House.If Thursday’s ruling stands, both parties believe that Democrats could draw maps that would pass muster legally while making re-election almost impossible for incumbent Republicans, such as Representatives Mike Lawler and Marc Molinaro in the Hudson Valley, or Anthony D’Esposito and George Santos on Long Island and in Queens.New Democratic seats in New York could help offset expected Republican gains in North Carolina, where a newly conservative top court is allowing the G.O.P. to replace a more neutral map. Separately, Democrats won an unexpected victory at the U.S. Supreme Court. The court said Alabama had used a map that watered down the power of Black voters in a decision that could affect redistricting in several southern states.Representative Hakeem Jeffries of New York, the top House Democrat, praised Thursday’s ruling and called the current New York congressional map undemocratic. METROPOLITAN diaryBarefoot on the FDear Diary:It was a hot summer day in the late 1990s. Dressed in a sundress and slide-style sandals, I was about to step onto an arriving F at 14th Street when one of my sandals slipped off and fell between the train and the platform and then down onto the tracks.I sheepishly entered the car and looked for a seat, praying that no one had noticed. Of course, several people had“Well, that’s a first!” said one of them, an older man.With my bare foot tucked behind my sandaled one, I spent the rest of the ride home to Brooklyn pondering what I would do once I got off.Should I walk through the station and the three blocks to my apartment with one sandal and one bare foot? Should I remove the other shoe and go fully barefoot?As we pulled into the station, a woman sitting a few seats away approached me and pulled something from her bag.“Excuse me,” she said, “but I saw what happened when you got on the train, and I wanted to offer you this pair of flip-flops.”— Megan WormanIllustrated by Agnes Lee. Send submissions here and read more Metropolitan Diary here.Glad we could get together here. See you on Monday. — J.B.P.S. Here’s today’s Mini Crossword and Spelling Bee. You can find all our puzzles here.Johnna Margalotti and Ed Shanahan contributed to New York Today. You can reach the team at nytoday@nytimes.com.Sign up here to get this newsletter in your inbox. More