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    The Improvement Association, Chapter Two: ‘Where Is Your Choice?’

    Listen and follow The Improvement Association.Apple Podcasts | Spotify | StitcherFrom the makers of Serial: The Improvement Association. In this five-part audio series, join the reporter Zoe Chace as she travels to Bladen County, N.C., to investigate the power of election fraud allegations — even when they’re not substantiated.In this episode: Zoe talks to people in North Carolina who believe the Bladen Improvement PAC has been cheating for years. She tries to get beyond the rumors and into specifics; in the process, she comes face to face with the intense suspicion and scrutiny leveled against the organization. In the middle of another election, Zoe follows members of the PAC to watch how they operate and tries to make sense of all these allegations against them.In this series, the reporter Zoe Chace describes Bladen County’s notorious case of election fraud from 2018 as “individual people, in a tight-knit place, using their relationships to either make money or take revenge. Or both.”Jeremy M. Lange for The New York TimesBehind this series:Zoe Chace, the reporter for this series, has been a producer at This American Life since 2015. Before that, she was a reporter for NPR’s Planet Money team, as well as an NPR producer.Nancy Updike, the producer for this series, is a senior editor at This American Life and one of the founding producers of the show.Transcripts of each episode of The Improvement Association will be available by the next workday after an episode publishes.The Improvement Association was reported by Zoe Chace; produced by Nancy Updike, with help from Amy Pedulla; edited by Julie Snyder, Sarah Koenig, Neil Drumming and Ira Glass; editorial consulting by R.L. Nave and Tim Tyson; fact-checking and research by Ben Phelan; and sound design and mix by Phoebe Wang.The original score for The Improvement Association was written and performed by Kwame Brandt-Pierce.Special thanks to Sam Dolnick, Julie Whitaker, Seth Lind, Julia Simon, Nora Keller, Emanuele Berry, Ndeye Thioubou, Alena Cerro and Lauren Jackson. More

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    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

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    The Improvement Association, Chapter One: ‘The Big Shadoo’

    Listen and follow The Improvement Association.Apple Podcasts | Spotify | Stitcher From the makers of Serial: The Improvement Association. In this five-part audio series, join the reporter Zoe Chace as she travels to Bladen County, N.C., to investigate the power of election fraud allegations — even when they’re not substantiated.A few years ago, Bladen County was at the center of a major news story — the only time in recent history a congressional election was thrown out for fraud. In a hearing that followed, a Black political advocacy group was mentioned and dragged into the scandal. The group was the Bladen County Improvement Association PAC, and after the hearing, Horace Munn, one of the group’s leaders, reached out to Zoe with an invitation to come to the county.In chapter one, Zoe goes to North Carolina to hear what’s behind all these cheating allegations.A tree in the water at Jones Lake State Park in Bladen County, N.C.Jeremy M. Lange for The New York TimesBehind this series:Zoe Chace, the reporter for this series, has been a producer at This American Life since 2015. Before that, she was a reporter for NPR’s Planet Money team, as well as an NPR producer.Nancy Updike, the producer for this series, is a senior editor at This American Life and one of the founding producers of the show.Transcripts of each episode of The Improvement Association will be available by the next workday after an episode publishes.The Improvement Association was reported by Zoe Chace; produced by Nancy Updike, with help from Amy Pedulla; edited by Julie Snyder, Sarah Koenig, Neil Drumming and Ira Glass; editorial consulting by R.L. Nave and Tim Tyson; fact-checking and research by Ben Phelan; and sound design and mix by Phoebe Wang.The original score for The Improvement Association was written and performed by Kwame Brandt-Pierce.Special thanks to Sam Dolnick, Julie Whitaker, Seth Lind, Julia Simon, Nora Keller, Emanuele Berry, Ndeye Thioubou, Alena Cerro and Lauren Jackson. More

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    ‘Tell Us if He’s Dead’: Abductions and Torture Rattle Uganda

    Hundreds have been detained, many brutalized, after a bloody, contested election. The government of Yoweri Museveni appears intent on breaking the back of the opposition.KAMPALA, Uganda — Armed men in white minivans without license plates picked up people off the streets or from their homes.Those snatched were taken to prisons, police stations and military barracks where they say they were hooded, drugged and beaten — some left to stand in cellars filled with water up to their chests.The fear is still so palpable in the capital, Kampala, that many others have gone into hiding or left the country.Three months after Uganda’s president, Yoweri Museveni, won a sixth five-year term in office in the most fiercely contested election in years, his government appears to be intent on breaking the back of the political opposition. The president of Uganda, a strategically located country in East Africa, is a longtime U.S. military ally and major recipient of American aid.His principal challenger, Bobi Wine, a magnetic musician-turned-lawmaker who galvanized youthful crowds of supporters, is now largely confined to his house in Kampala. Mr. Wine’s party said on Friday that 623 members, supporters and elected officials have been seized from the streets and arrested in recent weeks, many of them tortured.The musician-turned-oppostion politician Bobi Wine is now largely confined to his home, his party members and supporters arrested.Esther Ruth Mbabazi for The New York TimesFor many Ugandans, the enforced disappearances suggest a slide toward the repressive policies of dictators such as Idi Amin and Milton Obote — who was ousted by Mr. Museveni. Ugandans now say they worry that President Museveni, after 35 years in power, is adopting some of the harsh tactics used by the autocrats he railed against decades ago.“I didn’t know if I was going to make it out dead or alive,” said Cyrus Sambwa Kasato, his eyes darting as he spoke, his hand tugging at the rosary around his neck. A district councilor with Mr. Wine’s opposition party, he said he was held at military intelligence headquarters, his hands chained to the ceiling, whipped by several men at once.President Museveni has acknowledged arresting 242 people, branding them “terrorists” and “lawbreakers,” and admitted that an elite commando unit had “killed a few.” But he denied that his government was disappearing its own citizens.Cyrus Sambwa Kasato, a district councilor with the opposition party,  said he was held at military intelligence headquarters, chained to the ceiling and whipped.Esther Ruth Mbabazi for The New York TimesA military spokesman, Lt. Col. Deo Akiiki, said in an email, “Terrorism has changed the modus operandi of some security operations across the world.”He defended the use of the unmarked white vans, saying that using “unidentifiable means of transport” was not unique to Uganda and that other countries — including the United States and Britain — have deployed similar methods to deal with “hard-core criminals.” He added that military officers are well trained in upholding human rights.The detentions and disappearances, in Uganda’s central region and elsewhere in the country, have targeted both young and middle-aged men and women.Some of those detained say they had collected evidence of vote tampering to present to the Supreme Court to challenge the official election results — which gave Mr. Museveni 59 percent of the vote to 34 percent for Mr. Wine. Mr. Wine has since dropped his challenge.Many of those who agreed to be interviewed were initially afraid to meet, fearing that journalists were actually government operatives. They asked to meet in public spaces or in party offices. Most did not want their names used for fear of retribution.They said uniformed soldiers or plainclothes gunmen whisked them away in unmarked minivans, known as “drones,” and shuffled them between prisons, police stations and military barracks — making it hard for their families and lawyers to find them.Campaign billboards for President Museveni, who was elected to his sixth five-year term.Esther Ruth Mbabazi for The New York TimesThey were ordered to turn over evidence of vote-rigging, accused of orchestrating violence and participating in an American plot to start a “revolution.” Mr. Museveni has claimed that the opposition was receiving support from “outsiders” and “homosexuals” who don’t like the “stability of Uganda.”Some said they were charged in a military court with possessing “military stores,” including the red berets worn by supporters of Mr. Wine, which the government banned in 2019.David Musiri, a member of Mr. Wine’s National Unity Platform Party, said he was shopping at a supermarket in Kampala on Jan. 18 when six gunmen in plainclothes assaulted him and injected him twice with a substance that made him lose consciousness.Mr. Musiri, 30, said he was placed in solitary confinement with his hands and feet tied together. Like most of those arrested, he said that his jailers interrogated him about what they called “Plan B” — Mr. Wine’s postelection strategy.Soldiers made him listen to recordings of his own phone calls with party officials, and kicked and hit him so much that he started urinating blood, he said. When he was released four days later, he couldn’t walk.“We are the very people funding the dictator to do this to us,” he said.David Musiri, a member of the opposition party, said soldiers beat him so badly he couldn’t walk, and interrogated him about a suspected “Plan B.”Esther Ruth Mbabazi for The New York TimesMr. Kasato, the district councilor, said that plainclothes officers picked him up from a church meeting on Feb. 8, threw him, hooded, into a car and clobbered him.He said the men asked him for the evidence of election rigging he’d collected, and whether he had sent it to Mr. Wine’s party. He said, yes, he had.Mr. Kasato, a 47-year-old father of 11, said that while he was chained to the ceiling, his feet barely touching the ground, military officers whipped him with a wire and pulled at his skin with pliers. “It was a big shock,” he said. “I was praying deeply that I really survive that torture.”In late February, Mr. Kasato was charged with inciting violence during the November protests in which security forces killed dozens of people — accusations he denies. He has been released on bail, but said he was still in intense physical pain, and that his doctors advised he seek medical attention abroad.Analysts say that Mr. Museveni, 76, who has ruled Uganda since 1986, is trying to avoid history repeating itself. He himself was a charismatic young upstart who accused his predecessor, Mr. Obote, of rigging an election, and led an armed rebellion that after five years managed to take power.Mr. Wine, 39, whose real name is Robert Kyagulanyi, has become the face of this young movement, promising to shake up the country’s stifled politics. As his campaign gained ground last year, he was arrested and beaten and placed under de facto house arrest.“We are seeing a movement toward full totalitarianism in this country,” said Nicholas Opiyo, a leading human rights lawyer. He was abducted last December and released, charged with money laundering after his legal advocacy group received a grant from American Jewish World Service, a New York-based nonprofit.“I have never felt as restricted and constrained as I am today,” said Nicholas Opiyo, a human rights lawyer, who was detained.Esther Ruth Mbabazi for The New York TimesAfter years of working to defend civil liberties in Uganda, Mr. Opiyo said, “I have never felt as restricted and constrained as I am today,” adding, “It feels like the noose is tightening on our neck.”Authorities have started releasing some of those forcibly disappeared following weeks of public outcry.On a March morning in Kyotera, a town 110 miles southwest of the Ugandan capital, news spread that 18 of the 19 local people who went missing had been returned.One was Lukyamuzi Kiwanuka Yuda, a 30-year-old trader who was taken from his home on the night of Jan. 8. Mr. Yuda said that 15 to 20 men in black counterterrorism police uniforms broke down his door, beat him and asked whether he was training “the rebels.”Lukyamuzi Kiwanuka Yuda, embraced by friends upon his release, said he was detained for more than 70 days in a hood and shackles.Esther Ruth Mbabazi for The New York TimesFor more than 70 days, he said, he and others detained with him remained hooded and shackled, allowed to lift their hoods only up to their lips when eating their one meal a day.“We would count the days based on when the meal for the day arrived,” he said, while continuously gazing at the sky. When asked why he kept looking up, he said, “I miss the sun.”In the hours after the reunion, neighbors and local officials gathered, cheering, ululating and hugging the returnees. A tent was pitched, and soon families arrived dressed in their best as a pastor delivered a prayer of thanks.But one resident quietly slipped out.After rushing over, Jane Kyomugisha did not find her brother among those released. Her brother, who is 28, had run in the local council election as an independent. He was taken away on Jan. 19 and has not been seen since. Ms. Kyomugisha said she has asked about him at numerous police stations, but in vain.“I feel a lot of pain that others have come back and my brother is not here,” she said in an interview at her convenience store in town. With each passing day, she feels more hopeless.“They should tell us if he’s dead,” she said. “Give us back the body and let our hope end there.”Jane Kyomugisha said that her brother, who ran as an independent in a local council election, was abducted in January and has not been seen since.Esther Ruth Mbabazi for The New York Times More

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    How Brian Kemp Is Rebounding Against Trump’s Wrath

    After resisting Donald Trump’s demands to overturn Georgia’s election results, Gov. Brian Kemp was an outcast in his own party. Now he’s embraced the state’s new voting bill as a way to rebuild his standing.Three years ago, Brian Kemp was elected governor when Republicans embraced his nearly decade-long quest to restrict voting access in Georgia. Now he has tied his re-election hopes to making voting in the state even harder.After infuriating former President Donald J. Trump by resisting his demands to overturn the state’s election results, Mr. Kemp became an outcast in his own party. He spent weeks fending off a daily barrage of attacks from right-wing media, fellow Republican lawmakers and party officials, and Mr. Trump vowed to retaliate by sending a hard-right loyalist to oppose him in the primary next year.But the sweeping new voting bill Mr. Kemp signed two weeks ago has provided a lifeline to the embattled governor to rebuild his standing among the party’s base. The bill severely curtails the ability to vote in Georgia, particularly for people of color. Mr. Kemp has seized on it as a political opportunity, defending the law as one that expands voting access, condemning those who criticize it and conflating the criticism with so-called cancel culture.It’s an argument he believes may restore him to the good graces of Georgia Republicans after being publicly derided by Mr. Trump, a predicament that has proved fatal to the career aspirations of other ambitious conservatives.Since signing the bill into law on March 25, Mr. Kemp has done roughly 50 interviews, 14 with Fox News, promoting the new restrictions with messaging that aligns with Mr. Trump’s baseless claims that the election was rigged against him.“He knows that this is a real opportunity and he can’t blow it, because I don’t think he gets another layup like this again anytime soon,” said Randy Evans, a Georgia lawyer whom Mr. Trump made ambassador to Luxembourg, and is also a close ally of Mr. Kemp.A political ascent would represent an unlikely turnaround for Mr. Kemp, making him the most prominent Republican to find a way to overcome Mr. Trump’s campaign of retribution, and perhaps providing an early test of the former president’s ability to impose his will on the party’s electoral future. Mr. Kemp’s argument is designed to pump adrenaline into the conservative vein, by focusing on two of the most animating topics of the political right: election mechanics and an ominous portrayal of the Democratic left.“They folded like a wet dishrag to the cancel culture,” he said, responding to businesses that publicly objected to the legislation, in an interview on Fox Business on Tuesday. “It is woke in real life, and Americans and Georgians should be scared. I mean, what event are they going to come after next? What value that you have — the way that you live your life — are they coming after next? Are they going to come after your small business?”Mr. Kemp declined an interview request.Whether Mr. Kemp will be able to make amends with Mr. Trump remains unclear. Late Tuesday, the former president signaled how difficult it would be to win him over, releasing a statement slamming Mr. Kemp and Georgia Republicans for not going far enough to restrict voting access in the new law.“Kemp also caved to the radical left-wing woke mob who threatened to call him racist if he got rid of weekend voting,” Mr. Trump said. “Well, he kept it, and they still call him racist!”Mr. Kemp was the subject of right-wing attacks after resisting demands to overturn Georgia’s election results.John Bazemore/Associated PressIf Mr. Trump’s animosity lingers, he has the potential to complicate Mr. Kemp’s re-election effort by endorsing a rival and attacking the governor. Some political allies of Mr. Kemp are trying to broker a truce. Mr. Evans, for instance, is in South Florida this week aiming to engage in a delicate round of diplomacy that would get Mr. Trump on board with Mr. Kemp. He said he’s talking to Mr. Kemp daily but isn’t particularly optimistic.“There are some times,” Mr. Evans said, “when the hate is so deep and so ingrained that there’s nothing, and that’s when you just have to go to divorce. There’s no gift, no diamond, no car, no flowers, no nothing that will ever repair it.”Mr. Trump’s harsh stance notwithstanding, there are many conservatives in the state who remain fixated on the losses by Mr. Trump and the state’s two Republican senators, and are happy to see Mr. Kemp finally joining their fight, no matter how opportunistic it might seem.“I’ve not seen our party in Georgia as united in five and half years,” said Chip Lake, a longtime Republican strategist in the state. “This has allowed people who are angry at Brian Kemp for not doing enough for Donald Trump to get back on board with Brian Kemp.”Not every Republican has signed on. Debbie Dooley, a conservative activist in Georgia, said that the Republican base remembered Mr. Kemp’s denying Mr. Trump’s request to call for a special session to address the presidential election results, and that it remained eager to punish him for what it views as failing to fully investigate claims of fraud.“He is hoping Trump voters forget he was a coward,” she said. “He undermined us at every turn during investigation of election fraud, and now because he is talking tough in regard to M.L.B., Delta and Coke, he thinks we will forgive him. We won’t.”The most recent polling, conducted before Mr. Kemp signed the voting bill, showed that 15 percent to 30 percent of Georgia Republicans disapproved of his time as governor, largely because of his performance during the 2020 election.The new law Mr. Kemp is championing makes it harder to acquire an absentee ballot, creates new restrictions and complications for voting and hands sweeping new power over the electoral process to Republican legislators. It has drawn harsh criticism from local companies like Coca-Cola and Delta, and prompted Major League Baseball to move its All-Star Game out of suburban Atlanta as a form of protest.Mr. Kemp has used the rebukes to fire up the Republican base. He made little effort to calm tensions with some of his state’s most prominent corporate leaders, and said that baseball executives had “caved to fear, political opportunism, and liberal lies” in deciding to relocate the All-Star Game. Through it all, he has positioned himself as a fierce defender of Georgia’s sovereignty, saying, “Georgians will not be bullied.’’Mr. Kemp’s embrace of the voting law appears to have helped his standing among Georgia Republicans. Former Representative Doug Collins, Mr. Trump’s preferred intraparty rival for the governorship, is now leaning toward a 2022 Senate bid instead, according to strategists and activists in the state. The two remaining Republicans weighing a bid are not as well known and would face a tougher time mounting a serious challenge to Mr. Kemp, who has already banked more than $6.3 million for his re-election campaign. He’s now fund-raising off the voting bill, wrapping his re-election website in a plea for funds to help “defend election integrity.”“Activists in my own county who were dead set to finding someone to primary him are saying maybe he does deserve another chance,” said Jason Shepherd, the chairman of the Republican Party in Cobb County, who is running to lead the state party. “It’s going to make people less likely to wade into the race.”Mr. Kemp was first elected in 2018 after receiving President Donald J. Trump’s endorsement in the Republican primary.Gabriella Demczuk for The New York TimesThe two other lawmakers mulling primary bids are Vernon Jones, the former Democratic state legislator who became a Republican in January, and Burt Jones, a state senator. Both say they are assessing the political landscape and expect to make a decision soon. The two men took different approaches to Mr. Kemp, underscoring how quickly the politics have shifted for the governor.In an email, Vernon Jones said Mr. Kemp’s appeal to the base was “too little, too late,” casting him as profiting off a cause he neglected in November.“Governor Kemp sat back and allowed the legislature to come in and hammer out the new bill, and then in an effort to mislead the public, he chose himself as the poster boy for election reform in Georgia,” he said. Yet Burt Jones praised Mr. Kemp’s management of the moment, admitting that “what has gone on the last week has not hurt him among his base.”Every week that potential challengers deliberate over whether to enter the race gives Mr. Kemp more time to make his case to grass-roots conservatives.“You can’t beat somebody with nobody,” said Mr. Lake, the Republican strategist. “As every day goes by, you’re getting farther and farther away from Donald Trump’s presidency and Brian Kemp gets stronger with the base.”In many ways, Mr. Kemp’s embrace of the legislation signifies a return to the conservative language — and voting issues — that defined his political career. Billing himself as a “politically incorrect conservative,” Mr. Kemp has long been one of the left’s most enduring villains because of his defeat of Stacey Abrams, who was vying in 2018 to become the nation’s first Black female governor.Mr. Kemp, then the secretary of state overseeing Georgia’s elections, stalled 53,000 voter registrations, which were disproportionately from Black voters. Ms. Abrams and her allies argued that Mr. Kemp had used his position to engineer a “stolen” election, a charge he denied.Since then the two have spent years engaged in a contentious argument over voting rights, an issue that rallies their parties’ bases in the state. In an interview with a sports radio program this week, Mr. Kemp accused Ms. Abrams of running the “biggest racket in America right now” with her claims of voter suppression.Democrats say his ardent support of the law and attacks on Ms. Abrams are a cynical effort to bolster his standing among his conservative base while suppressing votes for his general election opponents.“This is all politics,” said Representative Nikema Williams, the chairwoman of the state Democratic Party, who replaced the civil rights icon John Lewis in Congress. “Let’s also be clear that a part of that politics is keeping Black and brown people away from the polls so he can continue to win elections in Georgia.” More

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    Crystal Mason Was Sentenced to Five Years Behind Bars Because She Voted

    The G.O.P.’s war on voting has human casualties. Here’s one.Whenever you hear Republican rants about widespread voter fraud supposedly undermining Americans’ faith in the integrity of their elections, remember the story of Crystal Mason.Ms. Mason, a 46-year-old grandmother from the Fort Worth area, has been in the news on and off since 2016, when Texas prosecutors decided she was a vote fraudster so dangerous that justice demanded she be sentenced to five years behind bars.Her offense? Visiting her local precinct on Election Day that year and casting a provisional ballot for president. Ms. Mason was not eligible to vote at the time because she was on supervised release after serving a prison term for federal tax fraud. Texas, like many states, bars those with criminal records from voting until they have finished all terms of a sentence.Ms. Mason, who had only recently returned home to her three children and had gone to the polls that day at the urging of her mother, said she did not realize she wasn’t allowed to cast a ballot. When poll workers couldn’t find her name on the rolls, they assumed it was a clerical error and suggested she fill out the provisional ballot.Provisional ballots are a useful way to deal with questions about a voter’s eligibility that can’t be resolved at the polling place. Since 2002, Congress has required that states offer them as part of the Help America Vote Act, a law passed in the aftermath of the 2000 election debacle, when millions of ballots were disqualified. Ms. Mason’s ballot was rejected as soon as a search of the database determined that she was ineligible. In other words, the system worked as it was intended to.Tarrant County prosecutors went after her for illegal voting anyway. They said she should have known she was not allowed to vote. The state had sent her a letter telling her so in 2012, shortly after she had been sentenced in the tax-fraud case. The letter was delivered to her home, even though she had already begun serving her sentence. “They sent it to the one place they knew she was not going to be,” said Alison Grinter, Ms. Mason’s lawyer.The prosecutors also pointed out that when she cast her ballot in 2016, she signed an affidavit stating that she had completed all terms of her sentence. Ms. Mason said she had not read the fine print; she was focused on writing down her address in exactly the form it appeared on her driver’s license. She was convicted after a one-day trial and sentenced to five years behind bars for casting a ballot that was never counted.“It’s a surreal experience to be in a courtroom for these trials,” said Christopher Uggen, a professor of law and sociology at the University of Minnesota who has studied the impact of felon disenfranchisement for decades, and has testified as an expert in prosecutions of people charged with illegal voting. “You’ve got the judges, you’ve got the lawyers. You’ve got somebody who often is a model probationer called in, and what’s at issue is whether they voted. I have this overriding sense of, gosh, don’t we have other crimes to prosecute? It really should be a consensus issue in a democracy that we don’t incarcerate people for voting.”Mr. Uggen said that there is a stronger case for criminal punishment of certain election-law offenses, like campaign-finance violations or sabotaging voting machines, that can do more widespread damage to our election system. But in his own work he has found that the people who get punished are more likely to fit Ms. Mason’s description: female, low-level offenders who are doing relatively well in the community. “These are not typically folks who represent some great threat to public safety,” he said.You wouldn’t get that sense from how Ms. Mason has been treated. After her voting conviction, a federal judge found she had violated the terms of her supervised release, and sentenced her to 10 extra months behind bars. That punishment, which she began serving in December 2018, earned her no credit toward her five-year state sentence.Ms. Mason has continued to fight her case, but so far she has lost at every step. In March 2020, a three-judge panel on a state appellate court rejected her challenge to her sentence. The court reasoned that she broke the law simply by trying to vote while knowing she was on supervised release. It didn’t matter whether she knew that Texas prohibits voting by people in that circumstance.This appears to be a clear misapplication of Texas election law, which criminalizes voting only by people who actually know they are not eligible, not those who, like Ms. Mason, mistakenly believe that they are. It’s as though Ms. Mason had asked a police officer what the local speed limit was, and he responded: “Beats me. Why don’t you start driving and see if we pull you over?”Last week, the Texas Court of Criminal Appeals, the state’s highest court for criminal cases, agreed to rule on Ms. Mason’s appeal. It’s her last chance to avoid prison for voting. Tossing her conviction would bring a small measure of justice to a woman whose punishment should have been limited to, at most, not being able to cast a ballot.But it wouldn’t give her back the last four years of fear and uncertainty she has endured for no good reason. Ms. Mason’s first grandchild was born a few months ago, another reminder of how much she would miss if she were to lose the appeal and end up back behind bars. “This is very overwhelming, waking up every day knowing that prison is on the line, trying to maintain a smile on your face in front of your kids and you don’t know the outcome,” Ms. Mason told The Times in an interview. “Your future is in someone else’s hands because of a simple error.”Identifying errors like these is the whole point of offering provisional ballots: The crazy quilt of voting rules and regulations that Americans face from state to state can trip up even the best-informed voters, and honest mistakes are common. By prosecuting Ms. Mason, just one of more than 44,000 Texans whose provisional ballot in 2016 was found to be ineligible, the state is saying that you attempt to participate in democracy at your own risk.That risk is almost always higher for people of color. Texas’ attorney general, Ken Paxton, likes to brag about the 155 people his office has successfully prosecuted for election fraud in the last 16 years — an average of fewer than 10 per year. What he doesn’t say out loud is what The Houston Chronicle found in an analysis of the cases he has prosecuted: almost three-quarters involved Black or Latino defendants, and nearly half involved women of color, like Ms. Mason.At this point you might be wondering why Ms. Mason was ineligible to vote in the first place. She had been released from prison, after all, and was trying to work her way back into society. As more states are coming to understand, there is no good argument for denying the vote to people with a criminal record, and that’s before you consider the practice’s explicitly racist roots. There is even a strong case to be made for letting those in prison vote, as Maine, Vermont and most Western European countries do. And yet today, more than five million Americans, including Ms. Mason, are unable to vote because of a criminal conviction. That has a far greater impact on state and national elections than any voter fraud that has ever been uncovered.Given the disproportionate number of Black and brown people caught up in the criminal justice system, it’s not hard to see a connection between cases like Ms. Mason’s and the broader Republican war on voting, which so often targets people who look like her. The nation’s tolerance of prosecutions for the act of casting a ballot reveals a complacency about the right to vote, Mr. Uggen said, and a troubling degree of comfort with voting restrictions generally. “There’s a slippery slope: If you start exempting individuals from the franchise, it’s easy to exempt other individuals by defining them outside the citizenry,” he said. “What is shocking to me is that people view this as acceptable in a political system that calls itself a democracy.”The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    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

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    Her Ballot Didn’t Count. She Faces 5 Years in Prison for Casting It.

    A Texas woman is appealing her conviction of voting illegally in the 2016 election. A lawyer says her prosecution “guts the entire purpose of the provisional ballot system.”On Election Day 2016, Crystal Mason went to vote after her mother insisted that she make her voice heard in the presidential election. When her name didn’t appear on official voting rolls at her polling place in Tarrant County, Texas, she filled out a provisional ballot, not thinking anything of it.Ms. Mason’s ballot was never officially counted or tallied because she was ineligible to vote: She was on supervised release after serving five years for tax fraud. Nonetheless, that ballot has wrangled her into a lengthy appeals process after a state district court sentenced her to five years in prison for illegal voting, as she was a felon on probation when she cast her ballot.Ms. Mason maintains that she didn’t know she was ineligible to vote.“This is very overwhelming, waking up every day knowing that prison is on the line, trying to maintain a smile on your face in front of your kids and you don’t know the outcome,” Ms. Mason said in a phone interview. “Your future is in someone else’s hands because of a simple error.”Her case is now headed for the Texas Court of Criminal Appeals, the highest state court for criminal cases, whose judges said on Wednesday that they had decided to hear it. Ms. Mason unsuccessfully asked for a new trial and lost her case in an appellate court.This new appeal is the last chance for Ms. Mason, 46, who is out on appeal bond, to avoid prison. If her case has to advance to the federal court system, Ms. Mason would have to appeal from a cell.Alison Grinter, one of Ms. Mason’s lawyers, said the federal government made it clear in the Help America Vote Act of 2002 that provisional ballots should not be criminalized because they represent “an offer to vote — they’re not a vote in themselves.”She said that Ms. Mason didn’t know she was ineligible and was still convicted, and that Texas’ election laws stipulate that a person must knowingly vote illegally to be guilty of a crime.“Crystal never wanted to be a voting rights advocate,” Ms. Grinter said Thursday. “She didn’t want to be a political football here. She just wanted to be a mom and a grandmother and put her life on track, but she’s really taken it and run with it, and she refuses to be intimidated.”A Tarrant County grand jury indicted Ms. Mason for a violation of the Texas election laws, a spokeswoman for the Tarrant County Criminal District Attorney’s Office said in a statement.“Our office offered Mason the option of probation in this case, which she refused,” the statement said. “Mason waived a trial by jury and chose to proceed to trial before the trial judge.”In March 2018, Judge Ruben Gonzalez of Texas’ 432nd District Court found Ms. Mason guilty of a second-degree felony for illegally voting.According to Tommy Buser-Clancy, a lawyer at the American Civil Liberties Union of Texas, Ms. Mason should never have never been convicted. If there is ambiguity in someone’s eligibility, the provisional ballot system is there to account for it, he said.“That’s very scary,” he said of Ms. Mason’s conviction, “and it guts the entire purpose of the provisional ballot system.”If her eligibility was incorrect, he said, “that should be the end of the story.”The appeals court’s decision could set an important precedent for the future of how the public interprets voting, especially if they’re confused, according to Joseph R. Fishkin, a law professor at the University of Texas at Austin. He said he hoped that the court establishes a principle not to “criminalize people for being confused about the complexities of the interaction between the criminal law and election law.”Professor Fishkin said that he and many other law experts believe that if the court upholds Ms. Mason’s conviction, the state would be in direct conflict with the federal Help America Vote Act.“It’s very important for basic fairness and for participation around the country that people are confident that when they act in good faith and aren’t trying to pull a fast one, that you’re not going to start charging them for crimes,” Professor Fishkin said Thursday. “If this case stands, that’s obviously concerning, because a lot of people who may not understand the details of their status or who is allowed to vote will be deterred from voting.”Across the United States, 5.2 million Americans cannot vote because of a prior felony conviction, according to the Sentencing Project, a research organization dedicated to crime and punishment.The office of the Texas attorney general, Ken Paxton, said that 531 election fraud offenses have been prosecuted since 2004. The outcomes of those cases were not immediately available. At least 72 percent of Mr. Paxton’s voter fraud cases have targeted people of color, according to The Houston Chronicle.Ms. Mason’s cause has received support from the Cato Institute, a libertarian think tank. Clark Neily, a senior vice president for criminal justice at the institute, said the case represented an example of excessive criminalization.“It’s putting people in a position where they can commit a criminal offense without even knowing that they’re in violation of any law,” he said.Celina Stewart, chief counsel at the League of Women Voters, which has filed supporting briefs on Ms. Mason’s behalf, said her case sent “a very clear message” that people with felony convictions should be cautious.“She’s being made an example, and the example is that you don’t want returning citizens, Black people, Black women to vote,” she said. “That’s an egregious narrative, and we have to push back on that because that’s not how democracy works.” More