Voter Registration and Requirements

Subterms

    More stories

    • 100 Shares109 Views

      in Elections

      Justice Dept. Sues Georgia Over Voting Restrictions Law

      by

      The lawsuit came after Republicans blocked ambitious federal legislation this week to protect voting rights.WASHINGTON — The Justice Department sued Georgia on Friday over a sweeping voting law passed by the state’s Republican-led legislature, the first significant move by the Biden administration to challenge state-level ballot restrictions enacted since the 2020 election.“The rights of all eligible citizens to vote are the central pillars of our democracy,” Attorney General Merrick B. Garland said in a news conference at the Justice Department. “They are the rights from which all other rights ultimately flow.”The complaint accuses the Georgia law of effectively discriminating against Black voters and seeks to show that state lawmakers intended to violate their rights. It says that several of the law’s provisions “were passed with a discriminatory purpose,” Kristen Clarke, the head of the department’s civil rights division, said at the news conference.The lawsuit, particularly its attempt to prove lawmakers’ intent, is among the most aggressive efforts to expand or preserve voter protections in years. The Supreme Court in 2013 had overturned a key provision of the Voting Rights Act of 1965 that had allowed the Justice Department to stop states from passing laws viewed as facilitating voter discrimination.It comes days after congressional Republicans blocked the most ambitious federal voting rights legislation in a generation, dealing a blow to Democrats’ efforts to preserve voting rights. President Biden and Democratic leaders pledged to continue working to steer federal voting rights legislation into law and to escalate pressure on states and Republicans, with Mr. Biden planning speeches in key states warning against a threat to the democratic process he has compared to Jim Crow.The complaint also shows that the Biden administration intends to invoke the remaining tools the Justice Department has to aggressively fight state actions that it sees as potentially disenfranchising minority voters. “The rights of all eligible citizens to vote are the central pillars of our democracy,” Attorney General Merrick B. Garland said on Friday in a news conference at the Justice Department on Friday.Anna Moneymaker/Getty Images“This lawsuit is the first of many steps we are taking to ensure that all eligible voters can cast a vote, that all lawful votes are counted and that every voter has access to accurate information,” Mr. Garland said, calling on Congress to give the department more help.The Justice Department is also moving to stem increased threats to election officials and poll workers, he said, including creating a task force to investigate and prosecute such cases.The voting lawsuit, filed in the U.S. District Court for the Northern District of Georgia, will almost certainly take years to resolve, while Republican-led state legislatures continue to seek new voting restrictions.Republicans in Georgia cast the suit as political. “The D.O.J. lawsuit announced today is legally and constitutionally dead wrong,” Gov. Brian Kemp, a Republican, said on Friday in a news conference in Savannah, Ga. “Their false and baseless accusations are quite honestly disgusting,”Georgia was the center of President Donald J. Trump’s monthslong effort to overturn the election results. He seized on false conspiracy theories about the outcome there, insisting falsely that it was rife with fraud even as three recounts and audits — including one conducted by hand — reaffirmed the tally.Mr. Kemp, who is trying to stave off a Republican primary challenger after refusing to acquiesce to Mr. Trump’s demands to overturn the election results, tried to use the lawsuit to animate the Republican base.“They are coming for you next,” he said. “They’re coming for your state, your ballgame, your election laws, your business and your way of life.”Some voting rights experts expressed confidence in the Justice Department’s chances of rolling back Georgia’s voting restrictions, noting its strong record on cases that focus on lawmakers’ intent.“When the Department of Justice undertakes a case of this nature, it’s done its homework and is familiar with facts that are not even usually publicly reported,” said Chad Dunn, the legal director of the UCLA Voting Rights Project. “So I believe when the Department of Justice brings a case like this, it has what it needs to meet its evidentiary burden.”But others expressed caution, pointing to the current conservative makeup of the federal judiciary.“It will be an uphill battle,” said Allison Riggs, the director of the voting rights program at the Southern Coalition for Social Justice. “But I don’t think it’s a foregone conclusion that it’s a no-go because I think the Georgia bill was bad and there is less justification than ever before for some of these changes.”Passed in March, the Georgia law ushered in a raft of restrictions to voting access and gave the state legislature more power over election administration. It sought to place strict constraints on ballot drop boxes, bar election officials from sending absentee ballot applications to voters, reduce the time to request absentee ballots and add identification requirements for voting by mail.A ballot recount of Fulton County in Atlanta in November. President Donald J. Trump seized on numerous false conspiracy theories about the election results in Georgia.Nicole Craine for The New York TimesIt followed an election in which Georgia, a once reliably conservative state, turned blue for the second time in 40 years in the presidential race and in runoffs that flipped its Senate seats from Republican to Democratic. The law changed elements of voting that had contributed to those Democratic victories: All were close victories attributable in part to Black voter turnout and the state’s voting options. The law has an outsize effect on Black voters, who make up about one-third of Georgia’s population and vote overwhelmingly Democratic.“These legislative actions occurred at a time when the Black population in Georgia continues to steadily increase, and after a historic election that saw record voter turnout across the state, particularly for absentee voting, which Black voters are now more likely to use than white voters,” Ms. Clarke said.Critics denounced the law as rooted in Mr. Trump’s falsehoods and accused state Republicans of seeking to undo the Democratic wave in Georgia. Mr. Biden called it an “un-American” attack on voter rights that amounted to “Jim Crow in the 21st century” and had promised the Justice Department would examine it.Democrats in Washington are struggling to find an effective strategy for countering laws like Georgia’s that are advancing this year through more than a dozen Republican-led state legislatures. Party activists and policymakers have mostly pinned their hopes on narrow majorities in Congress, where Democratic leaders have insisted they will work through the summer to try to mass a meaningful expansion of voting rights and protections against election subversion tactics by partisan state officials.Democrats have framed the battle as existential, and progressives are plotting a pressure campaign this summer to try to persuade senators to eliminate the legislative filibuster to allow them to act without Republican support. In the meantime, Senator Amy Klobuchar, Democrat of Minnesota, plans to take her influential Rules Committee to Georgia in the coming weeks to convene a field hearing homing in on criticism of the new law there.A rally in Washington this week demanding the passage of ambitious federal voting rights legislation, known as the For the People Act. Republicans used the filibuster to block the measure.Sarahbeth Maney/The New York TimesThis fall, lawmakers also plan to push to pass federal legislation to strengthen the Voting Rights Act. It would reinstate the provision struck down by the Supreme Court in 2013, which requires states with a history of discrimination to clear any voting changes with the Justice Department. The bill is likely to face opposition by congressional Republicans, who argue that discrimination is no longer a factor in voting..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-w739ur{margin:0 auto 5px;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-w739ur{font-size:1.25rem;line-height:1.4375rem;}}.css-9s9ecg{margin-bottom:15px;}.css-16ed7iq{width:100%;display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;-webkit-box-pack:center;-webkit-justify-content:center;-ms-flex-pack:center;justify-content:center;padding:10px 0;background-color:white;}.css-pmm6ed{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;}.css-pmm6ed > :not(:first-child){margin-left:5px;}.css-5gimkt{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.8125rem;font-weight:700;-webkit-letter-spacing:0.03em;-moz-letter-spacing:0.03em;-ms-letter-spacing:0.03em;letter-spacing:0.03em;text-transform:uppercase;color:#333;}.css-5gimkt:after{content:’Collapse’;}.css-rdoyk0{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;-webkit-transform:rotate(180deg);-ms-transform:rotate(180deg);transform:rotate(180deg);}.css-eb027h{max-height:5000px;-webkit-transition:max-height 0.5s ease;transition:max-height 0.5s ease;}.css-6mllg9{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;position:relative;opacity:0;}.css-6mllg9:before{content:”;background-image:linear-gradient(180deg,transparent,#ffffff);background-image:-webkit-linear-gradient(270deg,rgba(255,255,255,0),#ffffff);height:80px;width:100%;position:absolute;bottom:0px;pointer-events:none;}.css-uf1ume{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-box-pack:justify;-webkit-justify-content:space-between;-ms-flex-pack:justify;justify-content:space-between;}.css-wxi1cx{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-flex-direction:column;-ms-flex-direction:column;flex-direction:column;-webkit-align-self:flex-end;-ms-flex-item-align:end;align-self:flex-end;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}The eventual resolution of the Justice Department lawsuit will likely also affect state lawmakers’ future attempts to pass new voting laws.“State legislatures may well take their cue based on what happens,” said Jon Greenbaum, the chief counsel for the nonpartisan Lawyers’ Committee for Civil Rights Under Law and a former Justice Department lawyer.Mr. Greenbaum added that a wave of voter identification laws followed a Supreme Court decision in 2008 that upheld new identification requirements in Indiana. But while that law withstood a legal challenge, he said, similar efforts in Pennsylvania, North Carolina and Texas initially wilted in court.The lawsuit reflects a Justice Department effort to push back on voter restrictions. It began in the spring under Mr. Garland; the associate attorney general, Vanita Gupta; and Pamela Karlan, who ran the civil rights division until Ms. Clarke was confirmed last month and is now the No. 2 official in that office.Mr. Garland also announced that the division was “taking proactive measures to help states understand federal law and best practices,” and that the deputy attorney general, Lisa O. Monaco, will lead the task force aimed at protecting election workers.“Election officials must be permitted to do their jobs free from improper partisan influence, physical threats or any other conduct designed to intimidate,” she wrote in a memo to federal prosecutors and the F.B.I.According to an investigation by The Atlanta Journal-Constitution, more than 272,000 Georgians do not have on file with state election officials the kind of identification to vote that the new law requires. More than 55 percent of them are Black, while Black voters make up only about a third of the voting-age population in Georgia.The law also banned mobile voter units and put stricter requirements on provisional ballots, which are votes cast in person when there are open questions about a voter’s eligibility. The ballot ensures that if the questions are resolved, the vote can still be counted.Any provisional ballot cast in the wrong precinct in Georgia before 5 p.m. on Election Day now requires the voter to instead travel to the correct one or risk being disenfranchised. Showing up at the wrong precinct was by far the most common reason for voting provisionally in 2020 in Georgia, accounting for about 44 percent of provisional ballots, according to the office of Brad Raffensperger, the secretary of state. Of the 11,120 provisional ballots counted in the presidential election, Mr. Biden won 64 percent and Mr. Trump 34 percent.And in a section that Democrats, civil rights groups and voting rights groups described as simply cruel, the new law banned handing out food and water to voters waiting in line. Georgia has for years been notorious for its exceptionally long lines on Election Day, especially in communities of color. More

    • 100 Shares119 Views

      in Elections

      Justice Dept. to Sue Georgia Over Voting Law

      by

      The Justice Department is suing Georgia over a sweeping voting law passed by the state’s Republican-led legislature, a congressional official said on Friday, a major step by the Biden administration to confront state-level ballot restrictions enacted since the 2020 election.Attorney General Merrick B. Garland was expected to announce the lawsuit later Friday morning.The lawsuit is among the highest-profile enforcement actions to be brought under the Voting Rights Act since the Supreme Court in 2013 gutted a key provision that allowed the Justice Department to stop states from passing laws viewed as facilitating voter discrimination.The lawsuit shows that the Justice Department under the Biden administration intends to use the remaining tools at its disposal to aggressively fight state actions that it sees as potentially disenfranchising minority voters.Mr. Garland said earlier this month that the department would deploy all of its available tools to combat voter discrimination.The lawsuit comes days after congressional Republicans blocked the most ambitious federal voting rights legislation in a generation, dealing a blow to Democrats’ efforts to preserve voting rights. President Biden and Democratic leaders pledged to continue working to steer federal voting rights legislation into law.The Justice Department lawsuit is expected to accuse the Georgia law of effectively discriminating against nonwhite voters and seeks to show that Georgia lawmakers intended to do so.The Georgia law ushered in a raft of new restrictions to voting access and dramatically altered the balance of power over election administration. The law followed an election that saw Georgia, a once reliably red state, turn blue for the first time in nearly 40 years in the presidential race, followed by two quick successive Senate seats flipping from Republican to Democratic.Georgia was the epicenter of former President Donald J. Trump’s monthslong effort to overturn the election results. He seized on numerous false conspiracy theories about the Georgia election, and continued to claim that it was rife with fraud despite three separate recounts and audits — including one conducted entirely by hand — reaffirming the results.Critics were quick to cry that the law was rooted in the former president’s falsehoods and was seeking to undo the Democratic wave in Georgia, taking aim at the state’s no excuse absentee voting provision, which had been passed by Republicans in 2005 but became the preferred method of voting for Democrats in the 2020 election amid the pandemic. More

    • 138 Shares179 Views

      in Elections

      A Bill Destined to Fail May Now Spawn More Plausible Options

      by

      The For the People Act had little chance of testing the limits of what if anything is still possible in Washington. Oddly, it was so far from passage that it may provide some hope, because so many avenues remain to be pursued.The demise of the For the People Act — the far-reaching voting rights bill that Republicans blocked in the Senate on Tuesday — will come as a crushing blow to progressives and reformers, who have portrayed the law as an essential tool for saving democracy.But it was a flawed bill that had little chance of testing the limits of what if anything is still possible in Washington. Voting rights activists and Democratic lawmakers may even find that the collapse of this law opens up more plausible, if still highly unlikely, paths to reform.The law, known as H.R. 1 or S. 1, was full of hot-button measures — from public financing of elections to national mail voting — that were only tangentially related to safeguarding democracy, and all but ensured its failure in the Senate. Its supporters insisted the law should set the floor for voting rights; in truth, it set the floor at the ceiling, by guaranteeing a level of voting access that would be difficult to surpass.At the same time, reformers did not add provisions to tackle the most insidious and serious threat to democracy: election subversion, where partisan election officials might use their powers to overturn electoral outcomes.Instead, it focused on the serious but less urgent issues that animated reformers at the time the bill was first proposed in 2019: allegations of corruption in the Trump administration, the rise of so-called dark money in the aftermath of the Supreme Court’s decision in Citizens United, or the spate of voter identification laws passed in the aftermath of President Barack Obama’s election victories.Even a cursory look at the effort by former President Donald J. Trump to subvert the 2020 election revealed a number of vulnerabilities in the electoral system, from the risk that a partisan election administrator might simply refuse to certify an unfavorable election result to the possibility that a vice president might choose not to count a certified electoral slate. None of those vulnerabilities were addressed.Those concerns have only escalated over the last several months as Republicans have advanced bills that not only imposed new limits on voting, but also afforded the G.O.P. greater control over election administration. The new powers include the ability to strip secretaries of state of some of their authority and remove members of local election boards. The New York Times reported over the weekend how some Democrats on local boards in Georgia, including people of color, were losing their positions.Senate Republicans used the filibuster on Tuesday to block debate on an ambitious Democratic bill aimed at countering a wave of ballot restrictions in G.O.P.-controlled states.Erin Schaff/The New York TimesIt’s true that the 2020 election and Mr. Trump’s unprecedented attempt to undermine it revealed the fragility of American democracy in different and more fundamental ways than even the most perspicacious legislator could have anticipated. Originally, the bill was seen as a “political statement,” a progressive “wish list” or a “messaging bill,” not as the basis for a realistic legislative effort.It was not designed to appeal to the moderate Senate Democrats, who progressives nonetheless hoped would eliminate the filibuster even as they insisted on different proposals and a bipartisan approach.Yet oddly, the bill was so far from passage that reformers still have cause for some semblance of hope. Nearly every stone was left unturned.As a result, many other avenues for reform remain to be pursued. None seem likely to be enacted in today’s political climate. All are more plausible than the bill that died in the Senate on Tuesday.One of those avenues emerged in the final days of the push for H.R. 1: a grand bargain, like the one recently suggested by Joe Manchin III, the moderate Democratic senator from West Virginia who provoked outrage among progressives when he said he would oppose the bill in its current form.Senator Joe Manchin III, Democrat of West Virginia, opposed the voting bill in its current form but proposed several compromises that gained favor with advocates. Sarahbeth Maney/The New York TimesThe Manchin compromise resembles H.R. 1 in crucial ways. It does not address election subversion any more than H.R. 1 does. And it still seeks sweeping changes to voting, ethics, campaign finance and redistricting law. But it offers Republicans a national voter identification requirement, while relenting on many of the provisions that provoke the most intense Republican opposition.Mr. Manchin’s proposal nonetheless provoked intense Republican opposition. Senator Roy Blunt of Missouri derided it as a “Stacey Abrams” bill. Mitch McConnell, the minority leader from Kentucky, appeared to suggest that no federal election law would earn his support.More generally, it is hard to imagine how Republicans could be enticed to accept stringent limits on gerrymandering, given the lopsided partisan consequences of such a ban.But the strategy behind the Manchin proposal could nonetheless serve as a basis for serious legislative efforts: Democrats can offer Republicans provisions they actually want on voting, like new photo identification requirements, and see what that buys them.The willingness of Ms. Abrams, who leads the Georgia-based voting rights group Fair Fight, to support the Manchin compromise, despite its embrace of voter ID measures — an archetypal voter suppression provision — suggests that there may be room to explore options that might attract support from Republicans and haven’t previously been considered..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-w739ur{margin:0 auto 5px;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-w739ur{font-size:1.25rem;line-height:1.4375rem;}}.css-9s9ecg{margin-bottom:15px;}.css-16ed7iq{width:100%;display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;-webkit-box-pack:center;-webkit-justify-content:center;-ms-flex-pack:center;justify-content:center;padding:10px 0;background-color:white;}.css-pmm6ed{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;}.css-pmm6ed > :not(:first-child){margin-left:5px;}.css-5gimkt{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.8125rem;font-weight:700;-webkit-letter-spacing:0.03em;-moz-letter-spacing:0.03em;-ms-letter-spacing:0.03em;letter-spacing:0.03em;text-transform:uppercase;color:#333;}.css-5gimkt:after{content:’Collapse’;}.css-rdoyk0{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;-webkit-transform:rotate(180deg);-ms-transform:rotate(180deg);transform:rotate(180deg);}.css-eb027h{max-height:5000px;-webkit-transition:max-height 0.5s ease;transition:max-height 0.5s ease;}.css-6mllg9{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;position:relative;opacity:0;}.css-6mllg9:before{content:”;background-image:linear-gradient(180deg,transparent,#ffffff);background-image:-webkit-linear-gradient(270deg,rgba(255,255,255,0),#ffffff);height:80px;width:100%;position:absolute;bottom:0px;pointer-events:none;}.css-uf1ume{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-box-pack:justify;-webkit-justify-content:space-between;-ms-flex-pack:justify;justify-content:space-between;}.css-wxi1cx{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-flex-direction:column;-ms-flex-direction:column;flex-direction:column;-webkit-align-self:flex-end;-ms-flex-item-align:end;align-self:flex-end;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}Another avenue is a version of the John Lewis Voting Rights Act, which would again subject Southern states to obtain federal clearance before making changes to their voting system — a requirement that a 2013 Supreme Court decision gutted.Restoring the preclearance condition is of considerable symbolic significance, but it offers far less to reformers than the Manchin compromise. It does nothing to address the laws that Republicans have enacted this year. It would do little to protect against election subversion. It does not check Republican efforts outside the South. And it relies on the federal court system, which has a more limited view of the Voting Rights Act than reformers would like.But unlike H.R. 1, restoring federal preclearance does have the support of Mr. Manchin and Lisa Murkowski, a Republican from Alaska. Mr. Manchin also seemed willing to embrace a variety of largely unspecified changes that might make preclearance somewhat more amenable to the Republicans, including an objective test to determine whether jurisdictions should be subjected to or relieved from preclearance and limits on the power of the attorney general. It remains doubtful that any changes would attract significant Republican support, but it also remains untested.A final avenue is an even narrower bill, comprising only provisions that attract bipartisan support. It remains to be seen whether even a single idea falls into this category. But many of the hypothesized proposals for addressing election subversion might have some chance to find Republican support, like reforms to the rules for counting electoral votes, and funding for election administration.Other potential areas of agreement are a requirement for paper ballots; ballot chain-of-custody requirements; standards for certification of federal elections and establishing voter eligibility; and clarifying whether and when judges or local officials can defy a state legislature.None of these proposals necessarily advantage either political party. All would have a chance to avoid the central, politicized debate over voter suppression and voting rights.Realistically, even the most innocuous proposals would have a challenging path to passage. The window for bipartisan cooperation on these issues may have closed several months ago, as memories of the Jan. 6 attack on the Capitol by Trump supporters were supplanted by politically charged fights over voting rights and voter suppression. Republicans have few incentives to support a bill, even if watered down considerably.Yet all of these new avenues for reformers have something simple in common: They involve an earnest attempt to win 60 votes in the Senate, something that H.R. 1 did not. Many progressives scoff at the idea, but if moderate Democrats can be taken at their word, then reformers never had a choice but to at least try to find Republican support.Voting rights activists on Tuesday called for a new push to ensure voting rights, and Senator Chuck Schumer, the majority leader from New York, pledged to keep fighting, calling the Senate vote “the starting gun, not the finish line.”Perhaps reformers will surprise themselves and pull off a rare legislative win. More likely, their effort will fail and they can hope that their failure will demonstrate the impossibility of bipartisanship to Senate moderates, perhaps reopening the conversation about eliminating the filibuster.Wherever the effort might end, a more realistic legislative push begins with an earnest effort to write a bill that is more responsive to the current threats to the system and is designed to win enough votes to pass. More

    • 138 Shares129 Views

      in Elections

      Republicans Block Voting Rights Bill, Dealing Blow to Biden and Democrats

      by

      All 50 G.O.P. senators opposed the sweeping elections overhaul, leaving a long-shot bid to eliminate the filibuster as Democrats’ best remaining hope to enact legal changes.WASHINGTON — Republicans on Tuesday blocked the most ambitious voting rights legislation to come before Congress in a generation, dealing a blow to Democrats’ attempts to counter a wave of state-level ballot restrictions and supercharging a campaign to end the legislative filibuster.President Biden and Democratic leaders said the defeat was only the beginning of their drive to steer federal voting rights legislation into law, and vowed to redouble their efforts in the weeks ahead.“In the fight for voting rights, this vote was the starting gun, not the finish line,” said Senator Chuck Schumer, Democrat of New York and the majority leader. “We will not let it go. We will not let it die. This voter suppression cannot stand.”But the Republican blockade in the Senate left Democrats without a clear path forward, and without a means to beat back the restrictive voting laws racing through Republican-led states. For now, it will largely be left to the Justice Department to decide whether to challenge any of the state laws in court — a time-consuming process with limited chances of success — and to a coalition of outside groups to help voters navigate the shifting rules.Democrats’ best remaining hope to enact legal changes rests on a long-shot bid to eliminate the legislative filibuster, which Republicans used on Tuesday to block the measure, called the For the People Act. Seething progressive activists pointed to the Republicans’ refusal to even allow debate on the issue as a glaring example of why Democrats in the Senate must move to eliminate the rule and bypass the G.O.P. on a range of liberal priorities while they still control Congress and the presidency.They argued that with former President Donald J. Trump continuing to press the false claim that the election was stolen from him — a narrative that many Republicans have perpetuated as they have pushed for new voting restrictions — Democrats in Congress could not afford to allow the voting bill to languish.Senator Mitch McConnell, the minority leader, denounced any attempt to gut the filibuster.Sarahbeth Maney/The New York Times“The people did not give Democrats the House, Senate and White House to compromise with insurrectionists,” Representative Ayanna Pressley, Democrat of Massachusetts, wrote on Twitter. “Abolish the filibuster so we can do the people’s work.”Liberal activists promised a well-funded summertime blitz, replete with home-state rallies and million-dollar ad campaigns, to try to ramp up pressure on a handful of Senate Democrats opposed to changing the rules. Mounting frustration with Republicans could accelerate a growing rift between liberals and more moderate lawmakers over whether to try to pass a bipartisan infrastructure and jobs package or move unilaterally on a far more ambitious plan.But key Democratic moderates who have defended the filibuster rule — led by Senators Joe Manchin III of West Virginia and Kyrsten Sinema of Arizona — appeared unmoved and said their leaders should try to find narrower compromises, including on voting and infrastructure bills.Ms. Sinema dug in against eliminating the filibuster on the eve of the vote, writing an op-ed in The Washington Post defending the 60-vote threshold. Without the rule there to force broad consensus, she argued, Congress could swing wildly every two years between enacting and then reversing liberal and conservative agenda items.“The filibuster is needed to protect democracy, I can tell you that,” Mr. Manchin told reporters on Tuesday.In their defeat, top Democrats appeared keen to at least claim Republicans’ unwillingness to take up the bill as a political issue. They planned to use it in the weeks and months ahead to stoke enthusiasm with their progressive base by highlighting congressional Republicans’ refusal to act to preserve voting rights at a time when their colleagues around the country are racing to clamp down on ballot access.Vice President Kamala Harris spent the afternoon on Capitol Hill trying to drum up support for the bill and craft some areas of bipartisan compromise.Erin Schaff/The New York Times“Once again, Senate Republicans have signed their names in the ledger of history alongside Donald Trump, the big lie and voter suppression — to their enduring disgrace,” Mr. Schumer said. “This vote, I’m ashamed to say, is further evidence that voter suppression has become part of the official platform of the Republican Party.”Democrats’ bill, which passed the House in March, would have ushered in the largest federally mandated expansion of voting rights since the 1960s, ended the practice of partisan gerrymandering of congressional districts, forced super PACs to disclose their big donors and created a new public campaign financing system.It would have pushed back against more than a dozen Republican-led states that have enacted laws that experts say will make it harder for people of color and young people to vote, or shift power over elections to G.O.P. legislators. Other states appear poised to follow suit, including Texas, whose Republican governor on Tuesday called a special legislative session in July, when lawmakers are expected to complete work on a voting bill Democrats temporarily blocked last month.After months of partisan wrangling over the role of the federal government in elections, the outcome on Tuesday was hardly a surprise to either party. All 50 Senate Democrats voted to advance the federal legislation and open debate on other competing voting bills. All 50 Republicans united to deny it the 60 votes needed to overcome the filibuster, deriding it as a bloated federal overreach.Republicans never seriously considered the legislation, or a narrower alternative proposed in recent days by Mr. Manchin. They mounted an aggressive campaign in congressional committees, on television and finally on the floor to portray the bill as a self-serving federalization of elections to benefit Democrats. They called Democrats’ warnings about democracy hyperbolic. And they defended their state counterparts, including arguments that the laws were needed to address nonexistent “election integrity” issues Mr. Trump raised about the 2020 election.“The filibuster is needed to protect democracy, I can tell you that,” Senator Joe Manchin III said.Erin Schaff/The New York TimesSenate Republicans particularly savaged provisions restructuring the Federal Election Commission to avoid deadlocks and the proposed creation of a public campaign financing system for congressional campaigns.“These same rotten proposals have sometimes been called a massive overhaul for a broken democracy, sometimes just a modest package of tweaks for a democracy that’s working perfectly and sometimes a response to state actions, which this bill actually predates by many years,” said Senator Mitch McConnell, Republican of Kentucky and the minority leader. “But whatever label Democrats slap on the bill, the substance remains the same.”His top deputy, Senator John Thune of South Dakota, also threw cold water on any suggestion the two parties could come together on a narrower voting bill as long as Democrats wanted Congress to overpower the states.“I don’t think there’s anything I’ve seen yet that doesn’t fundamentally change the way states conduct elections,” he said. “It’s sort of a line in the sand for most of our members.”At more than 800 pages, the For the People Act was remarkably broad. It was first assembled in 2019 as a compendium of long-sought liberal election changes and campaign pledges that had energized Democrats’ anti-corruption campaign platform in the 2018 midterm elections. At the time, Democrats did not control the Senate or the White House, and so the bill served more as a statement of values than a viable piece of legislation..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-w739ur{margin:0 auto 5px;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-w739ur{font-size:1.25rem;line-height:1.4375rem;}}.css-9s9ecg{margin-bottom:15px;}.css-16ed7iq{width:100%;display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;-webkit-box-pack:center;-webkit-justify-content:center;-ms-flex-pack:center;justify-content:center;padding:10px 0;background-color:white;}.css-pmm6ed{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;}.css-pmm6ed > :not(:first-child){margin-left:5px;}.css-5gimkt{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.8125rem;font-weight:700;-webkit-letter-spacing:0.03em;-moz-letter-spacing:0.03em;-ms-letter-spacing:0.03em;letter-spacing:0.03em;text-transform:uppercase;color:#333;}.css-5gimkt:after{content:’Collapse’;}.css-rdoyk0{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;-webkit-transform:rotate(180deg);-ms-transform:rotate(180deg);transform:rotate(180deg);}.css-eb027h{max-height:5000px;-webkit-transition:max-height 0.5s ease;transition:max-height 0.5s ease;}.css-6mllg9{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;position:relative;opacity:0;}.css-6mllg9:before{content:”;background-image:linear-gradient(180deg,transparent,#ffffff);background-image:-webkit-linear-gradient(270deg,rgba(255,255,255,0),#ffffff);height:80px;width:100%;position:absolute;bottom:0px;pointer-events:none;}.css-uf1ume{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-box-pack:justify;-webkit-justify-content:space-between;-ms-flex-pack:justify;justify-content:space-between;}.css-wxi1cx{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-flex-direction:column;-ms-flex-direction:column;flex-direction:column;-webkit-align-self:flex-end;-ms-flex-item-align:end;align-self:flex-end;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}When Democrats improbably won control of them, proponents insisted that what had essentially been a messaging bill become a top legislative priority. But the approach was always flawed. Mr. Manchin did not support the legislation, and other Democrats privately expressed concerns over key provisions. State election administrators from both parties said some of its mandates were simply unworkable (Democrats proposed tweaks to alleviate their concerns). Republicans felt little pressure to back a bill of its size and partisan origins.Senator Amy Klobuchar, right, announced that she would use her gavel on the Rules Committee to hold a series of hearings on election issues.Sarahbeth Maney/The New York TimesDemocratic leaders won Mr. Manchin’s vote on Tuesday by agreeing to consider a narrower compromise proposal he drafted in case the debate had proceeded. Mr. Manchin’s alternative would have expanded early and mail-in voting, made Election Day a federal holiday, and imposed new campaign and government ethics rules. But it cut out proposals slammed by Republicans, including one that would have neutered state voter identification laws popular with voters and another to set up a public campaign financing system.Mr. Manchin was not the only Democrat keen on Tuesday to project a sense of optimism and purpose, even as the party’s options dwindled. Senator Amy Klobuchar, Democrat of Minnesota, announced she would use her gavel on the Rules Committee to hold a series of hearings on election issues, including a field hearing in Georgia to highlight the state’s restrictive new voting law.Vice President Kamala Harris, who asked to take the lead on voting issues for Mr. Biden, spent the afternoon on Capitol Hill trying to drum up support for the bill and craft some areas of bipartisan compromise. She later presided over the vote.“The fight is not over,” she told reporters afterward.Facing criticism from party activists who accused him of taking too passive a role on the issue, Mr. Biden said he would have more to say on the issue next week but vowed to fight on against the dawning of a “Jim Crow era in the 21st century.”“I’ve been engaged in this work my whole career, and we are going to be ramping up our efforts to overcome again — for the people, for our very democracy,” he said in a statement.But privately, top Democrats in Congress conceded they had few compelling options and dwindling time to act — particularly if they cannot persuade all 50 of their members to scrap the filibuster rule. The Senate will leave later this week for a two-week break. When senators return, Democratic leaders, including Mr. Biden, are eager to quickly shift to consideration of an infrastructure and jobs package that could easily consume the rest of the summer.They have also been advised by Democratic elections lawyers that unless a voting overhaul is signed into law by Labor Day, it stands little chance of taking effect before the 2022 midterm elections.Both the House and the Senate are still expected to vote this fall on another marquee voting bill, the John Lewis Voting Rights Advancement Act. The bill would put teeth back into a key provision of the Voting Rights Act of 1965 that made it harder for jurisdictions with a history of discrimination to enact voting restrictions, which was invalidated by the Supreme Court in 2013. While it does have some modest Republican support, it too appears to be likely doomed by the filibuster.“This place can always make you despondent,” said Senator Christopher S. Murphy, Democrat of Connecticut. “The whole exercise of being a member of this body is convincing yourself to get up another day to convince yourself that the fight is worth engaging in. But yeah, this certainly feels like an existential fight.”Jonathan Weisman More

    • 75 Shares149 Views

      in Elections

      She Was Raped: The Enduring Trauma

      by

      More from our inbox:The Republican Attack on Our DemocracyThe Power of Physical Books  Damon Winter/The New York TimesTo the Editor:Re “I Am Breaking My Silence About the Baseball Player Who Raped Me,” by Kat O’Brien (Opinion guest essay, nytimes.com, June 20):Ms. O’Brien’s essay broke my heart. Why should she have to suffer for 18 years because a professional athlete raped her and she (probably completely accurately) believed that she had no recourse?How many more stories like this must we read before managers, executives, owners and players take seriously the fact that they create the culture that allows such behavior to happen? Were their wives, sisters or daughters working in professional sports, would they want them to be vulnerable to such a traumatizing experience?Professional sports, like the military, needs to take a hard look at what their indifference and even encouragement (showing porn films in the clubhouse!) are doing to women, maybe even the women they love.Edie LyckeSan Luis Obispo, Calif.To the Editor:Because Kat O’Brien opened up about her rape and the many ways it has constricted her life over the years, I feel finally able to include myself in the statistic that one in five women experience rape or attempted rape.I was lucky enough to escape the rape because of the intervention of another person. It was terrifying at the time, and I quit my summer job because I no longer felt safe coming home alone from work late at night. I lost weeks of income because of it. But, because I escaped with just a punch, a kick and broken glasses, I never thought of myself in terms of the rape statistics.I am sure that all women at various times in their lives fear for their physical safety when out in public or working at their job. What do we women have to do to get men, who seldom fear for their physical safety, to empathize with what it is like to live with that constant fear?Hazel LutzMinneapolisTo the Editor:Kat O’Brien’s piece on her rape and how it affected her entire life was incredibly powerful and brought me to tears. As a woman who came up in the advertising and publishing world in the ’80s and ’90s, I have my own stories and #MeToo moments that happened over and over again, and I applaud her for finally speaking her truth.I hope that coming out publicly about this horrible, life-changing experience will allow her to continue down the path of recovery.Lauren MichaelsVero Beach, Fla.To the Editor:Kat O’Brien’s disturbing account of being raped by a professional baseball player reminded me of an attempted rape when I was 15. I was tricked into being separated from the group at an after-dark beach party, and once out of sight, a schoolmate began to forcibly remove my clothes. I assured him that if he was trying to prove he was bigger and stronger than me, there was no contest, but he should keep in mind that my dad was the best shot in our county and “he knows where you live.”That jerk couldn’t wait to get back to the group, and I learned that the human brain responds faster to fear than anything else. I hope that other women will learn from my experience and conjure up an uncle in the police force or any other story that would instill fear in their attacker.Margaret CurtisAtlantaTo the Editor:Kat O’Brien describes an all-too-familiar story of violence against women followed by self-blame, shame and symptoms of PTSD. Oftentimes it is hard to seek psychological treatment, fearing that talking about what happened will only exacerbate the emotional pain. I hope that Ms. O’Brien’s courage in making public her victimization will help others reach out to friends and family and, if necessary, to seek psychological support.Larry S. SandbergNew YorkThe writer is a psychoanalyst.To the Editor:How many stories of rape or sexual harassment and their lifelong effects on the victims do we need to hear before we all say “it’s not your fault”? I don’t care if you were friendly. If you smiled. I don’t care if you had a few drinks. I don’t care if you looked sexy. If you wore a skirt that day. It’s not your fault.Joan SolotarNew YorkThe Republican Attack on Our DemocracyTo the Editor:The Republicans’ voter suppression, gerrymandering, reduction of voting places in urban minority areas, and baseless audits and challenges to the 2020 election results in Republican-led states are the greatest threat to our democracy since our country’s founding. And not a word of objection from most Republican leaders.I am reminded of a brief conversation recently with an immigrant repairman from Ukraine who has lived in the United States for many years and has his family here and relatives still in Ukraine. When asked if he fears for Ukraine these days, his response was swift: “No, I fear more for this country.”Ken GoldmanBeverly Hills, Calif.The Power of Physical BooksThe new location will offer new services, including food and drinks from a coffee bar.Jeenah Moon for The New York TimesTo the Editor:Re “How ‘Hamilton’ Brought a Bookstore Back to Life” (Arts pages, June 7):The laudable actions of Lin-Manuel Miranda, the director Thomas Kail, the producer Jeffrey Seller and the theater owner James Nederlander in saving the Drama Book Shop in Manhattan for future generations of theater lovers, professional and amateur, serves as an affirmation of the immutable fact that being in a room surrounded by physical books is a powerful experience that sometimes magically leads to creative inspiration.So long as humans remain a material species and not a digital one, no number of downloaded texts invisibly stored in a hard drive can ever do the same.M.C. LangChevy Chase, Md. More

    • 125 Shares149 Views

      in Elections

      In Congress, Republicans Shrug at Warnings of Democracy in Peril

      by

      As G.O.P. legislatures move to curtail voting rules, congressional Democrats say authoritarianism looms, but Republicans dismiss the concerns as politics as usual.WASHINGTON — Senator Christopher S. Murphy concedes that political rhetoric in the nation’s capital can sometimes stray into hysteria, but when it comes to the precarious state of American democracy, he insisted he was not exaggerating the nation’s tilt toward authoritarianism.“Democrats are always at risk of being hyperbolic,” said Mr. Murphy, Democrat of Connecticut. “I don’t think there’s a risk when it comes to the current state of democratic norms.”After the norm-shattering presidency of Donald J. Trump, the violence-inducing bombast over a stolen election, the pressuring of state vote counters, the Capitol riot and the flood of voter curtailment laws rapidly being enacted in Republican-run states, Washington has found itself in an anguished state.Almost daily, Democrats warn that Republicans are pursuing racist, Jim Crow-inspired voter suppression efforts to disenfranchise tens of millions of citizens, mainly people of color, in a cynical effort to grab power. Metal detectors sit outside the House chamber to prevent lawmakers — particularly Republicans who have boasted of their intention to carry guns everywhere — from bringing weaponry to the floor. Democrats regard their Republican colleagues with suspicion, believing that some of them collaborated with the rioters on Jan. 6.Republican lawmakers have systematically downplayed or dismissed the dangers, with some breezing over the attack on the Capitol as a largely peaceful protest, and many saying the state voting law changes are to restore “integrity” to the process, even as they give credence to Mr. Trump’s false claims of rampant fraud in the 2020 election.They shrug off Democrats’ warnings of grave danger as the overheated language of politics as usual.“I haven’t understood for four or five years why we are so quick to spin into a place where part of the country is sure that we no longer have the strength to move forward, as we always have in the past,” said Senator Roy Blunt of Missouri, a member of Republican leadership, noting that the passions of Republican voters today match those of Democratic voters after Mr. Trump’s triumph. “Four years ago, there were people in the so-called resistance showing up in all of my offices every week, some of whom were chaining themselves to the door.”For Democrats, the evidence of looming catastrophe mounts daily. Fourteen states, including politically competitive ones like Florida and Georgia, have enacted 22 laws to curtail early and mail-in ballots, limit polling places and empower partisans to police polling, then oversee the vote tally. Others are likely to follow, including Texas, with its huge share of House seats and electoral votes.Because Republicans control the legislatures of many states where the 2020 census will force redistricting, the party is already in a strong position to erase the Democrats’ razor-thin majority in the House. Even moderate voting-law changes could bolster Republicans’ chances for the net gain of one vote they need to take back the Senate.And in the nightmare outcome promulgated by some academics, Republicans have put themselves in a position to dictate the outcome of the 2024 presidential election if the voting is close in swing states.“Statutory changes in large key electoral battleground states are dangerously politicizing the process of electoral administration, with Republican-controlled legislatures giving themselves the power to override electoral outcomes on unproven allegations,” 188 scholars said in a statement expressing concern about the erosion of democracy.Demonstrators protesting new voting legislation in Atlanta this month. Fourteen states, including Georgia, have enacted laws to restrict practices like early voting. Brynn Anderson/Associated PressSenator Angus King, an independent from Maine who lectured on American politics at Bowdoin College before going to the Senate, put the moment in historical context. He called American democracy “a 240-year experiment that runs against the tide of human history,” and that tide usually leads from and back to authoritarianism.He said he feared the empowerment of state legislatures to decide election results more than the troubling curtailments of the franchise.“This is an incredibly dangerous moment, and I don’t think it’s being sufficiently realized as such,” he said.Republicans contend that much of this is overblown, though some concede the charges sting. Senator Patrick J. Toomey, Republican of Pennsylvania, said Democrats were playing a hateful race card to promote voting-rights legislation that is so extreme it would cement Democratic control of Congress for decades.“I hope that damage isn’t being done,” he added, “but it is always very dangerous to falsely play the race card and let’s face it, that’s what’s being done here.”Mr. Toomey, who voted to convict Mr. Trump at his second impeachment trial, said he understood why, in the middle of a deadly pandemic, states sharply liberalized voting rules in 2020, extending mail-in voting, allowing mailed ballots to be counted days after Election Day and setting up ballot drop boxes, curbside polls and weeks of early voting.But he added that Democrats should understand why state election officials wanted to course correct now that the coronavirus was ebbing.“Every state needs to strike a balance between two competing values: making it as easy as possible to cast legitimate votes, but also the other, which is equally important: having everybody confident about the authenticity of the votes,” Mr. Toomey said.Mr. Trump’s lies about a stolen election, he added, “were more likely to resonate because you had this system that went so far the other way.”Some other Republicans embrace the notion that they are trying to use their prerogatives as a minority party to safeguard their own power. Senator Rand Paul of Kentucky said the endeavor was the essence of America’s system of representative democracy, distinguishing it from direct democracy, where the majority rules and is free to trample the rights of the minority unimpeded.“The idea of democracy and majority rule really is what goes against our history and what the country stands for,” Mr. Paul said. “The Jim Crow laws came out of democracy. That’s what you get when a majority ignores the rights of others.”Democrats and their allies push back hard on those arguments. Mr. King said the only reason voters lacked confidence in the voting system was that Republicans — especially Mr. Trump — told them for months that it was rigged, despite all evidence to the contrary, and now continued to insist that there were abuses in the process that must be fixed.“That’s like pleading for mercy as an orphan after you killed both your parents,” he said.Senator Angus King, an independent from Maine, said he feared the empowerment of state legislatures to decide election results more than the troubling curtailments of the franchise.Anna Moneymaker for The New York TimesSenator Tim Kaine, Democrat of Virginia, said in no way could some of the new state voting laws be seen as a necessary course correction. “Not being able to serve somebody water who’s waiting in line? I mean, come on,” he said. “There are elements that are in most of these proposals where you look at it and you say, ‘That violates the common-sense test.’”Missteps by Democrats have fortified Republicans’ attempts to downplay the dangers. Some of them, including President Biden, have mischaracterized Georgia’s voting law, handing Republicans ammunition to say that Democrats were willfully distorting what was happening at the state level.The state’s 98-page voting law, passed after the narrow victories for Mr. Biden and two Democratic candidates for Senate, would make absentee voting harder and create restrictions and complications for millions of voters, many of them people of color.But Mr. Biden falsely claimed that the law — which he labeled “un-American” and “sick” — had slapped new restrictions on early voting to bar people from voting after 5 p.m. Senator Chuck Schumer of New York, the majority leader, said the Georgia law had ended early voting on Sunday. It didn’t.And the sweep — critics say overreach — of the Democrats’ answer to Republican voter laws, the For the People Act, has undermined Democratic claims that the fate of the republic relies on its passage. Even some Democrats are uncomfortable with the act’s breadth, including an advancement of statehood for the District of Columbia with its assurance of two more senators, almost certainly Democratic; its public financing of elections; its nullification of most voter identification laws; and its mandatory prescriptions for early and mail-in voting.“They want to put a thumb on the scale of future elections,” Senator John Cornyn, Republican of Texas, said on Wednesday. “They want to take power away from the voters and the states, and give themselves every partisan advantage that they can.”Senator Mitt Romney, Republican of Utah, who could conceivably be a partner in Democratic efforts to expand voting rights, called the legislation a “fundamentally unserious” bill.Republican leaders have sought to take the current argument from the lofty heights of history to the nitty-gritty of legislation. Senator Mitch McConnell of Kentucky, the minority leader, pointed to the success of bipartisan efforts such as passage of a bill to combat hate crimes against Asian Americans, approval of a broad China competition measure and current talks to forge compromises on infrastructure and criminal justice as proof that Democratic catastrophizing over the state of American governance was overblown.But Democrats are not assuaged.“Not to diminish the importance of the work we’ve done here, but democracy itself is what we’re talking about,” said Senator Brian Schatz of Hawaii. “And to point at other bills that don’t have to do with the fair administration of elections is just an attempt to distract while all these state legislatures move systematically toward disenfranchising voters who have historically leaned Democrat.”Mr. King said he had had serious conversations with Republican colleagues about the precarious state of American democracy. Authoritarian leaders like Vladimir V. Putin, Viktor Orban and Adolf Hitler have come to power by election, and stayed in power by warping or obliterating democratic norms.But, he acknowledged, he has yet to get serious engagement, largely because his colleagues fear the wrath of Mr. Trump and his supporters.“I get the feeling they hope this whole thing will go away,” he said. “They make arguments, but you have the feeling their hearts aren’t in it.” More

    • 100 Shares119 Views

      in Elections

      Garland Pledges Renewed Efforts to Protect Voting Rights

      by

      The attorney general’s commitment served notice to Republican-led states imposing new voting restrictions, and included a vow to protect the voting rights of people of color.WASHINGTON — Attorney General Merrick B. Garland laid out an expansive plan on Friday for protecting voting rights, announcing that the Justice Department would double enforcement staff on the issue, scrutinize new state laws that seek to curb voter access and take action if it sees a violation of federal law.In his first public speech on an issue that has provoked intense partisan conflict in statehouses and in Washington, Mr. Garland served notice to Republicans pushing a raft of restrictive voting laws that he was determined to ensure the right to vote for all Americans.Mr. Garland did not outline any investigations or specific actions the department might take against states. Nevertheless, his pledge is an about-face from the department’s near abdication of voting rights enforcement under the Trump administration. Over the past four years, the department did not file any new cases under the Voting Rights Act until May of last year, a rare period of silence for one of the most consequential arms for protecting voting rights in the country.“To meet the challenge of the current moment, we must rededicate the resources of the Department of Justice to a critical part of its original mission: enforcing federal law to protect the franchise for all eligible voters,” Mr. Garland said in an address at the department headquarters.Mr. Garland made a specific commitment to protect the voting rights of people of color, reflecting a return to the traditional role the Justice Department has played in preventing discrimination based on race. Voting rights groups and civil rights activists have argued that many of the new voting laws would have a disproportionate impact on voters of color, and President Biden described the restrictions Georgia passed in March as “Jim Crow in the 21st Century.’’Without identifying specific states, Mr. Garland made an apparent allusion to the hourslong lines many Black voters faced last year in Georgia’s June primary elections, citing studies showing that “in some jurisdictions, nonwhite voters must wait in line substantially longer than white voters to cast their ballots.’’He also made a clear reference to Arizona’s Republican-led — and widely derided — recount of two million votes in Maricopa County, saying the department would scrutinize postelection audits “to ensure they abide by federal statutory requirements to protect election records and avoid the intimidation of voters.”In a statement Friday evening, the department said it had sent a letter to the Arizona Senate, expressing concern over, and explaining federal legal constraints on, the conduct of its continuing postelection audit.The drive to enact new voting laws has become a core mission of the Republican Party, as former President Donald J. Trump and his allies continue to peddle false claims about a rigged election and call for more states he lost to audit their results despite no evidence of fraud. Pledges to restrict access to voting under the banner of “election integrity” have become commonplace in fund-raising emails and campaign ads from G.O.P. candidates.Republican-led legislatures in several states including Georgia, Florida and Iowa have passed laws imposing new voting restrictions, and Texas, New Hampshire, Arizona and Michigan, among other states, are considering changes to their electoral systems. At the same time, hopes have dimmed on the left that Congress will pass two major election bills after Senator Joe Manchin III, Democrat of West Virginia, said he would not support abolishing the filibuster to advance such measures.Mr. Garland has said that protecting the right to vote is one of his top priorities as attorney general, and his top lieutenants include high-profile voting rights advocates such as Vanita Gupta, the department’s No. 3 official, and Kristen Clarke, the head of the Civil Rights Division. The division currently has about a dozen employees on its enforcement staff, which is focused on protecting the right to vote, according to a department official familiar with the staff.Despite his pledge, Mr. Garland is still limited in what he can do unless Democrats in Congress somehow manage to pass new voter protection laws. He can sue states that are found to have violated any of the nation’s four major federal voting rights laws. He can notify state and local governments when he believes that their procedures violate federal law. And federal prosecutors can charge people who are found to have intimidated voters, a federal crime.The Justice Department’s most powerful tool, the Voting Rights Act, was significantly weakened by a 2013 Supreme Court decision that struck down pieces of the act forcing states with legacies of racial discrimination to receive Justice Department approval before they could change their voting laws.Now the department can only sue after a law has been passed and found to violate the act, meaning that a restrictive law could stand through multiple election cycles as litigation winds its way through the courts.Any new steps to protect voting rights are unlikely to move quickly, said Joanna Lydgate, a former deputy attorney general of Massachusetts who co-founded the States United Democracy Center. “People will need to be patient,” she said.Still, progressive groups praised the announcement, which is seen as an important bulwark against the new voting laws introduced in all but two states that have Republican-controlled legislatures. There are nearly 400 in total, according to the Brennan Center for Justice, a progressive public policy institute that is part of the New York University School of Law.As of May 14, lawmakers had passed 22 new laws in 14 states to make the process of voting more difficult, according to the group.Democrats have filed lawsuits against some new voting laws, but that litigation could take years to wind its way through the courts and may have little power to stop those laws from affecting upcoming elections. And so far, the federal government has not joined the legal fight.“We need to make sure that the federal government is an active participant in protecting the right to vote,” said Tom Perez, a former Democratic National Committee chairman who led the Justice Department’s Civil Rights Division during President Barack Obama’s first term. “We can’t simply rely on private lawsuits.”Conservatives who have crafted and pushed for the new voting laws scoffed at Mr. Garland’s announcement.“Americans have been clear: they support laws making it easy to vote and hard to cheat in states across the country,” said Jessica Anderson, the executive director of Heritage Action, which helped write and then organized support for many of the new laws. “Despite the false narrative coming out of the White House and now the Department of Justice, Americans support secure, fair elections, even if the left does not.”The Justice Department’s curbed abilities to fight voter fraud were amplified under the Trump administration.“It was a really low point for voting rights enforcement,” said Wendy R. Weisser, the director of the Democracy Program at the Brennan Center. “There’s a lot of ground to be made up obviously, and now there’s unprecedented challenges to voting rights.”During the 2020 election, the department publicly appeared to be more concerned with hunting for fraud than protecting voting rights. In September, then-Attorney General William P. Barr made numerous false statements about voting by mail in an interview with CNN, and amplified the importance of a minor ballot error in Luzerne County, Pa., making it appear as if it warranted a major fraud investigation.Mr. Garland expressed skepticism about the use of unorthodox postelection audits, saying they could undermine faith in the nation’s ability to host free and fair elections. He said that some jurisdictions had used disinformation to justify such audits.Assertions of material voter fraud in the 2020 election “have been refuted by the law enforcement and intelligence agencies of both this administration and the previous one, as well as by every court — federal and state — that has considered them,” Mr. Garland said.The Justice Department will publish guidance explaining the civil and criminal statutes that apply to postelection audits, as well as guidance on early voting and voting by mail, and will work with other agencies to combat disinformation, Mr. Garland said.Republicans have taken aim at specific pillars of voting access, particularly ones utilized during the 2020 election as voters sought safer options amid the coronavirus pandemic.In an effort to restrict voting by mail, they have sought to limit the number of drop boxes in multiple states, limit who can request mail ballots and add new identification requirements for absentee ballots.Republican legislatures are also seeking to greatly empower partisan poll watchers across the country. The role, which is meant to simply be an observational check granted to both political parties and all candidates, has grown increasingly controversial as party leaders, including Mr. Trump, have sometimes used militarist language to describe them.Mr. Garland said that the Justice Department had taken note of a sharp rise “in menacing and violent threats” against state and local election workers. Such threats, he said, undermined the electoral process and violated federal laws.Mr. Perez said the timing of the department’s involvement in voting laws was crucial. “The most important year in voting is always the year that ends in a 1,” he said. “That’s the year of redistricting, that’s the year in which there’s often a lot of change in state legislatures and that’s the year when you always have a dramatic increase in shenanigans.” More