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    How N.Y. Democrats Are Leading a ‘Master Class’ in Gerrymandering

    The maps approved by Democrats in the New York State Legislature could lead their party to seize as many as three House seats from Republicans.Democrats across the nation have spent years railing against partisan gerrymandering, particularly in Republican states — most recently trying to pass federal voting rights legislation in Washington to all but outlaw the practice.But given the same opportunity for the first time in decades, Democratic lawmakers in New York adopted on Wednesday an aggressive reconfiguration of the state’s congressional districts that positions the party to flip three seats in the House this year, a greater shift than projected in any other state.The new lines would shape races in New York for a decade to come, making Democrats the favorites in redrawn districts currently held by Republicans on Long Island, Staten Island and in Central New York. They would also help tighten the party’s hold on swing seats ahead of what is expected to be a strong Republican election cycle, all while eliminating a fourth Republican seat upstate altogether.Legal and political experts immediately criticized the new district contours as a blatant and hypocritical partisan gerrymander. And Republicans, who were powerless to stop it legislatively in Albany, threated to challenge the map in court under new anti-gerrymandering provisions in New York’s Constitution, though it was unclear if they could prove partisan intent.Overall, the new map was expected to favor Democratic candidates in 22 of New York’s 26 congressional districts. Democrats currently control 19 seats in the state, compared with eight held by Republicans. New York is slated to lose one seat overall this year because of national population changes in the 2020 census.“It’s a master class in how to draw an effective gerrymander,” said Michael Li, senior counsel for the Democracy Program at the Brennan Center for Justice, which has also sounded alarms about attempts by Republicans to gerrymander and pass other restrictive voting laws.“Sometimes you do need fancy metrics to tell, but a map that gives Democrats 85 percent of the seats in a state that is not 85 percent Democratic — this is not a particularly hard case,” he said. Democratic leaders in Albany rejected the charge, saying they were confident that the new districts were entirely legal and largely wrought by adjusting for population shifts that favor their candidates.State Senator Michael Gianaris, the deputy majority leader and leader of a task force that drew the lines, said that mapmakers had been “very conscious of potential legal pitfalls” and “more than complied” with the extensive list of standards outlined by the state. He said the maps were fair.“It’s a dangerous game to prognosticate on how elections are going to turn out before they are held,” he said. “Voters have the final say in all these districts, but it shouldn’t surprise anyone in a state as deep blue as New York, the results would reflect the reality on the ground.”Understand Redistricting and GerrymanderingRedistricting, Explained: Answers to your most pressing questions about the process that is reshaping American politics.Understand Gerrymandering: Can you gerrymander your party to power? Try to draw your own districts in this imaginary state.New York: Democrats’ aggressive reconfiguration of the state’s congressional map is one of the most consequential in the nation.Texas: Republicans want to make Texas even redder. Here are four ways their proposed maps further gerrymandered the state’s House districts.Many of the party’s operatives and voters were less bashful in their support of gerrymandering, arguing that Democrats could not afford to take the high road when Republicans have shown no similar inclination.Both parties have weaponized redistricting for years in the larger battle for control of the House of Representatives, but Republicans recently have been more effective in doing so, based on their control of large states like Texas and Florida, and the decision by liberal bastions like California to adopt nonpartisan redistricting commissions to handle the process.On balance, their practices have also drawn greater legal scrutiny, often related to charges of racial gerrymandering. So far, state and federal courts have considered challenges to maps advanced by Republicans in several states, including Ohio, North Carolina and Alabama, and late last year the Justice Department sued Texas over new congressional maps that it said violated the Voting Rights Act’s protections for Black and Latino voters.At the same time, Republican-led states have attracted attention from the Justice Department after they advanced a series of new election laws making it more difficult to vote.In New York, the redistricting cycle began, perhaps naïvely, in the hopes that a bipartisan outside commission — approved by voters in 2014 — would deliver a balanced, common-sense map.Instead, the commission stuck to party lines and was unable to reach consensus last month, kicking control of the process back to the State Legislature, where Democrats have amassed rare supermajorities in recent years. Those majorities, plus control of the governorship, gave them the power for the first time in decades to draw maps as they saw fit.Democratic leaders swiftly released their own maps in a matter of days, forgoing any public hearings and largely keeping even their own members in the dark about the new lines until they became public.Wednesday’s vote fell mostly along party lines, as Democrats limited defections to narrowly pass the map in the Assembly, 103 to 45, and the Senate, 43 to 20.The Legislature planned to proceed as soon as Thursday to pass state legislative maps drawn by Democrats divvying up State Senate and Assembly districts. Most notably, they were expected to help solidify Democrats’ hold of the State Senate in an election year when Republicans are trying to reclaim a chamber they controlled for all but three years between the mid-1940s and 2019.Gov. Kathy Hochul, a Democrat, is widely expected to sign all the maps into law in the coming days.But Republicans were already taking steps on Wednesday to prepare a lawsuit challenging at least the congressional lines as unconstitutional in state court. Several good-governance groups in the state said they agreed with the Republicans’ view, though it was unclear if they would sign onto a suit.“The congressional maps are clearly unconstitutional under the new anti-gerrymandering provisions,” said John Faso, a former Republican congressman who is helping coordinate the effort between Albany Republicans and the National Republican Redistricting Trust. “There is a decent likelihood that there will be litigation as a result of it, but when and where I could not say.”Senator Michael Gianaris, the deputy majority leader, defended the Democrats’ redrawn maps as being fair and constitutional.Hans Pennink/Associated PressAny court case would likely hinge on how judges interpret language included in the same 2014 constitutional amendment that created the defunct redistricting commission and how Democrats actually arrived at their lines. The language has not previously been tested in court and says that districts “shall not be drawn to discourage competition” or boost one party or incumbent candidate over another.New York State courts have historically been reluctant to overturn plans passed by the Legislature. But Richard H. Pildes, a constitutional law professor at New York University, said that could change this year based on the new anti-gerrymandering language and the example set by other states’ courts that have grown more comfortable blocking gerrymandered plans.“The provision is written in a strict prohibitory language,” Mr. Pildes said. “Proving that was what actually took place will inevitably trigger these debates about were these lines drawn to preserve particular communities of interest or a range of legitimate purposes.”How U.S. Redistricting WorksCard 1 of 8What is redistricting? More

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    Amanda Gorman’s Message to the World

    More from our inbox:Teaching During Omicron: A Dinner Party AnalogyLet’s Consider SecessionAmerica Needs a Long GameA National Identity CardReasons to Be VeganAmanda Gorman delivering “The Hill We Climb” on Jan. 20, 2021.Pool photo by Patrick SemanskyTo the Editor:“If You’re Alive, You’re Afraid,” by Amanda Gorman (Opinion guest essay, Sunday Review, Jan. 23), was one of the most insightful, provocative and emotionally uplifting pieces I have read in a very long time. It should be required reading for all world and American leaders.In just a relatively few words, Ms. Gorman, the poet at the inauguration a year ago, managed to touch my heart and the hearts of so many others who are in constant emotional turmoil because of events over the past several years: fear of getting sick, fear of losing one’s life or the lives of loved ones, and a fear of democracy on the edge of collapse, here and around the world.The rise of overt racism, antisemitism and hatred of immigrants that has taken hold of so many of us has been sheer torture.It is time for us to heal. That will not come from hatred, it will not come from greed and it will not come from destructive behavior. It will come only from compassion, love, patience and tolerance.Morton H. GruskySanta Fe, N.M.To the Editor:In this time of widespread fear in America, Amanda Gorman sends an important message: Strength comes from actively coping with fear rather than suppressing it. Recognizing that fear is an automatic and necessary alert to danger, Ms. Gorman provides an implied rebuttal to the common advice parents often give to their children, “Don’t be afraid.”Instead, worried families can best comfort their understandably anxious children by asking them, “How can I help you feel safe, in spite of your scary feelings?” That discussion can reassure children, validate their feelings and let them know that their own actions, words and/or play can make them feel safer and less overwhelmed.Robert AbramovitzNew YorkThe writer, a child psychiatrist and child trauma expert, is a senior consultant at the National Child Trauma Workforce Institute.To the Editor:As an American abroad, I was moved to tears by Amanda Gorman’s openness, clarity and courage! In a time of flagging hopes, spiraling hatred and wholesale despair, her words shone with their resilience and honesty.Any time I worry about being overtaken by my own fears I will reread it and continue my efforts to produce positive change in our country.Reavis Hilz-WardFrankfurtTeaching During Omicron: A Dinner Party AnalogyDeborah Aguet, the principal at Normont Early Education Center in Los Angeles, took Mila Gomillion’s temperature before school.Allison Zaucha for The New York TimesTo the Editor:What is it like teaching during Omicron?Imagine you are assigned to cater a dinner party, only you don’t know how many people are expected to show up. You are given a list of the guests, their allergies, food preferences, who is vegan, kosher, halal. Perhaps half the guests will stay home. You will know who is coming to dinner only when you open your door. You are expected to provide an excellent dinner, regardless of who is present to enjoy it.The next night, you are scheduled to have another party for those same guests. But with a slightly different menu. Something that builds upon the previous meal. Except for the people who didn’t show up for the first party. They need to have the meal they missed and the new meal. Again, you will not know who is coming to your dinner party until you open your doors.And the people who are still home need to have all the meals they missed. Even if they don’t have an appetite.And that is sort of what it is like to teach during Omicron.The remarkable thing is, you would not know how crazy this is if you joined me in visiting our classes. What you would see are teachers thoroughly engaged in their work. You would see our students enthusiastically engaged in the topics at hand. You would hear laughter and animated conversations, complex discussions and thoughtful questions. You would see learning taking place.David GetzNew YorkThe writer is a middle school principal.Let’s Consider Secession Damon Winter/The New York TimesTo the Editor:Re “We Need to Think the Unthinkable About the U.S.,” by Jonathan Stevenson and Steven Simon (Opinion guest essay, Jan. 14):I agree with the article, but here’s my unthinkable: secession — no war, no violence, just go separate ways. It is increasingly clear that there are two competing stories of American values.Let’s actually consider what will happen if Texas splits from the United States and is followed by a number of other red states. Maybe by thinking the unthinkable we can prevent it. Or maybe it is better to live in two different countries, separated by philosophical differences, while cooperating for economic and defense reasons, as in Europe.Think of how productive both countries could be if they didn’t have to waste time arguing over the things that currently divide us.Dan EvansHuntington, N.Y.America Needs a Long Game  Illustration by Shoshana Schultz/The New York Times; photographs by Aurelien Meunier, Chip Somodevilla, Mikhail Svetlov, Ira Wyman via Getty ImagesTo the Editor:Re “Playing a Long Game, Putin Has America Where He Wants It,” by Fiona Hill (Opinion guest essay, Jan. 25):Ms. Hill’s excellent essay underscores a serious weakness in the government of the United States. Simply stated, this country does not have a long game, and our cultural bias toward short-term results means that we have little idea how to play it.Whoever is in political power disregards thinking the long game in favor of retaining political superiority and one-upmanship against adversaries in our own country.Playing against China’s long game of attracting foreign companies, many U.S. firms moved manufacturing to China to achieve short-term profits. The pandemic exposed the inherent weakness of manufacturing far away. Now our country is faced with the difficult task of unwinding the supply chain of various goods, cheap and expensive, after we victimized ourselves with critical, even lifesaving, goods in short supply during this pandemic.Economics, business, politics, the military and foreign relations are all very much intertwined. Except for strategic thinkers like Ms. Hill, we tend to compartmentalize them, to our detriment. It behooves the leaders of this nation, both political and business, to understand our close allies and our adversaries well in all aspects, so we can take the best actions in our long-term national interests. I am not sure I will live long enough to see this happen.Ben MyersHarvard, Mass.A National Identity CardTo the Editor:Re “Democrats Face Costly New Slog on Voting Curbs” (front page, Jan. 16):Many of the issues regarding the new voting regulations being implemented by both Democratic- and Republican-controlled state legislatures could be mitigated if the United States adopted a national identity card issued — free — by the federal government to everyone 18 years and older.The card would confirm both citizenship and identity, and could be used as an ID for voting, banking, domestic travel, and purchases of tobacco and alcoholic beverages. In fact, a prototype of this card already exists: the U.S. passport card.Many of the concerns voiced by Democrats regarding burdensome paperwork requirements that impedes voting by disadvantaged Americans and by Republicans regarding alleged fraud by voters would be eliminated. Anyone who believes that a mandatory national identity card raises a privacy issue should avoid using a smartphone!Ira SohnNew YorkReasons to Be VeganIn Tel Aviv, Eager Tourist offers vegan culinary tours that visit food markets, farmers and restaurants.Eager TouristTo the Editor:Re “Vegan Travel: It’s Not Fringe Anymore” (Travel, nytimes.com, Jan. 21):It was heartening to hear that veganism is being taken seriously in the travel industry. The article cites an elevated environmental awareness that is prompting people to go vegan. Preventing further environmental degradation is indeed an important reason to become vegan.But an equally vital reason is the world’s nonhuman animals that are regularly abused and exploited in our agricultural system as well as in fashion, entertainment and science.Veganism is so much more than a diet; it’s a commitment to live as compassionate a life as possible.April LangNew York More

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    Are New Voting Bill Talks for Real or for Show?

    Senators involved in the negotiations underway say the discussions are serious and substantive, but some Democrats remain wary.WASHINGTON — Senator Richard Blumenthal, Democrat of Connecticut, was finally closing in on a hard-fought agreement with Republicans on a gun safety measure, following a string of horrific shootings in 2019, when the talks suddenly collapsed.New plans in the House to impeach President Donald J. Trump meant that Republicans were no longer in the mood to compromise with Democrats on anything, and the emerging accord went the way of so many seemingly promising ones on Capitol Hill in recent years, stymied by Republicans who said they were willing to accept some sort of deal — just not that one.“The world has become so polarized that our Republican colleagues come so very close to closing a deal, but then they begin staring down the abyss of their base and they recoil,” said Mr. Blumenthal, who attributed the Republican recalcitrance to fear of a political backlash for any cooperation with Democrats.The same has been true for other politically charged issues where efforts at compromise have ended up going nowhere in Congress. Republicans initially seemed willing to engage on legislation addressing immigration and police misconduct, for example, only to abruptly pull back, blaming Democrats for what they called unreasonable demands or a refusal to take hard steps that might anger their liberal supporters.So as a rump group of senators in both parties has recently ramped up discussions aimed at reaching a compromise on voting legislation, leading Democrats who saw their far broader voting rights package stall in the Senate last week have been wary.They worry that the emerging legislation could be a distraction from the pressing issue their bill was meant to address — Republican voter-suppression efforts at the state level — and amount to little more than cover for Republicans who want to appear interested in protecting election integrity despite uniformly opposing Democrats’ voting rights bill.They have taken note that Senator Mitch McConnell, the Kentucky Republican and minority leader, has blessed the effort — a telltale sign, say Democrats who have learned to be endlessly suspicious of his motives, that it might go nowhere.The Democratic fear is that once the moment passes and attention shifts away from election law to spending issues and now a contentious Supreme Court nomination, the talks will fizzle and Democrats will be left with nothing to show for their voting rights drive, even as the 2022 midterms loom and the 2024 election is just over the horizon.But leaders of the talks that now include at least 16 senators divided between Republicans and Democrats say they are substantive, gaining momentum and could produce legislation that might prevent another Jan. 6-style confrontation by focusing on fixing the deficiencies in the 135-year-old Electoral Count Act.They point to the bipartisan infrastructure measure that many of the same lawmakers were able to produce last year as their model for negotiations, and as proof that compromise is still possible.“I’m encouraged by the fact that almost every day, someone calls me and asks to join our group,” said Senator Susan Collins, the centrist Republican from Maine and a leader of the compromise effort. She characterized its members, who met virtually this week, as ranging from “pretty conservative to pretty liberal.”“This is a serious, committed group of senators from both sides of the aisle,” she said in an interview. “This is not a surface effort.”Aiding the outlook for the talks is the fact that Senator Chuck Schumer, Democrat of New York and the majority leader, is also now encouraging them. He is taking what one ally described as a wait-and-see attitude after initially lashing out at the potential compromise as a ruse to undercut the Democratic voting rights package.A separate group that includes Senator Amy Klobuchar, Democrat of Minnesota and chair of the Rules Committee, and Angus King, the Maine independent, is drafting comparable legislation.Virtually all Democrats back the idea of fixing the Electoral Count Act, which lays out the ceremonial process by which Congress makes an official count of the presidential election results to confirm the victor, to guard against its being exploited in the way that Mr. Trump and his allies attempted to do so.But they caution that it is no substitute for their proposals, which focus on countering efforts to make it harder for minorities to vote and restoring parts of the landmark Voting Rights Act.“I don’t think anybody is against fixing the piece,” Senator Chris Van Hollen, Democrat of Maryland, said about the electoral vote counting process. “But nobody should pretend that this in any way solves the bigger issues regarding the attack on our democracy.”Ms. Collins, however, says that the focus on how presidential electoral votes are tallied should be the aim of any new voting legislation as a direct response to the assault on the Capitol last January by Mr. Trump’s supporters seeking to interfere with the tally.“That the Democrats didn’t put anything on the Electoral Count Act in their 735-page bill is astounding to me given the link to Jan. 6,” Ms. Collins said.Understand the Battle Over U.S. Voting RightsCard 1 of 5Why are voting rights an issue now? 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    Georgia and Voting Rights: Deep Distrust Over a Plan to Close Polling Places

    As legislation to expand voting rights was blocked in Washington, local residents debate a plan from officials in Lincoln County, Ga., who say they want to streamline and modernize their system.LINCOLN COUNTY, Ga. — The showdown over voting rights in the U.S. Senate may be over for now. But the issue is still smoldering in a stretch of Northeast Georgia countryside where local officials recently introduced a plan to close seven polling sites and consolidate them into one.The proposal in Lincoln County has attracted the attention and ire of major voting rights groups and suspicion among some Black residents who say the effort is just the latest example of voter suppression in a state where Republicans recently passed a restrictive new law. Hundreds of upset residents have filed protest petitions that could cause local officials to scale it back.But local officials say the current polling spots are in need of modernization — and that in a county where about two-thirds of the 7,700 residents are white, the plan is simply an effort to make it easier to manage elections. The remaining site would be located close to the polling place that currently serves the county’s one majority-Black precinct.“They seem to think that I’m trying to stop Black people from voting,” said the elections director, an African American woman named Lilvender Bolton. She would administer the plan that was under consideration last week by a mostly Republican-appointed board of two Black members and three white ones.In Georgia, a state where razor-thin voting margins have helped swing the White House and control of the Senate, any effort to change the process of voting has become fiercely contested. And after recent efforts by Republicans in Georgia and around the country to restrict voting, suspicions are high.Lilvender Bolton, who leads the Board of Elections, supports a plan to consolidate voting into one location.Nicole Craine for The New York TimesFor decades, a proposal like Lincoln County’s would have been subject to review from the Department of Justice to determine whether it was discriminatory, a step mandated by the 1965 Voting Rights Act and often referred to as “preclearance.” But this system was effectively gutted by a 2013 Supreme Court decision, Shelby County v. Holder, and has not returned since, despite efforts to revive it like last week’s Senate debate.David J. Becker, executive director of the Center for Election Innovation & Research, said the failure to reinstitute preclearance this year was a missed opportunity.Mr. Becker was careful to note that he could not tell whether Lincoln County’s consolidation plan was politically motivated or well-intentioned. But with preclearance, he said, residents of areas like Lincoln County would at least have had a sense that a third party had taken a hard look at whether a proposed change to voting in their community would make it harder for minority groups to vote.“Preclearance was a stamp of approval that elections officials could use to tamp down exactly this kind of divisive rhetoric that’s going around,” he said.In 2019, the Leadership Conference Education Fund, a civil rights nonprofit based in Washington, issued a report analyzing the areas formerly subject to federal review and found a loss of 1,173 polling places between the 2014 and the 2018 midterm elections.Fully understanding the “potentially discriminatory impact of these closures,” the report’s authors wrote, would require “precisely the kind” of analysis “that the DOJ conducted under preclearance.”Even voting rights groups acknowledge that there are sometimes legitimate reasons for closing polling places: Populations shift, and sometimes the way people cast their vote changes, too. More voters may begin choosing to vote by mail or at early voting locations rather than their precinct.Officials want all voting to take place in Lincolnton, the county seat.Nicole Craine for The New York TimesIn Lincoln County, Ms. Bolton, the county elections director, argues that the change would make it easier for her to manage Election Day. Her tiny staff is stressed, she said, by the responsibility of setting up and breaking down the complicated electronic voting machines in seven locations spread around the county’s 257 square miles.The failure of the voting overhaul effort in Washington comes after Republican state lawmakers, in the wake of former President Donald J. Trump’s defeat in 2020, have moved to overhaul election systems in dozens of states, including Georgia, often in the name of protecting against dubious allegations of voter fraud promulgated by Mr. Trump and his allies.The Georgia legislature has also handed control of some or all appointments to local election boards in six counties to conservative judges or Republican-controlled county commissions.Given these recent developments, and the long history of racist disenfranchisement of Black voters in the South, some Lincoln County voters say they would be foolish not to suspect that they are being targeted.“How could you not see it as a pattern?” said Charlie Murray, 68, a Black resident who votes at a nearby church far from the county seat.“They’re making it harder for people to vote,” said another Black resident, Franklin Sherman, 29, a truck driver who usually votes in the same spot.Franklin Sherman, 29, opposes consolidating the precincts: “They’re making it harder for people to vote.”Nicole Craine for The New York TimesLincoln County was among the six Georgia counties in which the rules for selecting members of the local elections board were recently changed by the state legislature.County officials originally asked legislators for the change because they wanted to be able to stagger the members’ terms, said Walker T. Norman, the longtime chair of the county commission and a Republican.Another change — ending the tradition of letting the Democratic and Republican Parties each choose one board member — was prompted by a State Supreme Court ruling, which has been interpreted to hold that private entities cannot appoint members to government bodies, he said.The legislation mandating the changes was sponsored by State Senator Lee Anderson, a Republican who co-sponsored last year’s restrictive Georgia voting bill. He also publicly supported a baseless and unsuccessful U.S. Supreme Court challenge to the 2020 presidential election results in Georgia and three other states. In a recent interview, Mr. Anderson said that in making the changes to the local elections board, he was simply responding to the wishes of Lincoln County officials.Mr. Norman is something of a legend in the county: The community gym proposed as the sole new voting site bears his name — “I got a road named after me too,” he said — and two years ago he changed his party affiliation from Democrat to Republican because he said it had become too hard to get elected as a Democrat. In an interview, he dismissed the idea that Black voters would be discriminated against by a consolidation. He noted that in all but one precinct, white voters outnumber Black ones.“You can see that they’re not for all the people,” Charlie Murray, 68, said of Lincoln County officials.Nicole Craine for The New York Times“So if we’re suppressing anybody, I’m afraid we’re suppressing the white vote,” he said. “But that’s not our intent, to suppress any vote.”Mr. Norman said that in recent elections, a majority of participants have voted early at a centralized location in Lincolnton. He also described a litany of problems with the current system: Three polling places are within about two and a half miles of one another. Some of the facilities are antiquated. Consolidation, he said, will require less equipment. “We don’t have to use but about half of the voting machines,” he said.But opponents, both Black and white, expressed more concern for the convenience of voters than for that of the voting officials and poll workers.Racy Smith, 56, the owner of a Lincolnton antique and curio shop, said it seemed “ridiculous” to close rural polling places in a county with limited public transportation. “My 86-year-old mom can still drive,” said Mr. Smith, who is white, “but there are so many that aren’t that active who live out in the county.”The Rev. Denise Freeman, a former member of the school board and an activist leading the fight against the consolidation, expressed skepticism about the board’s true motivation. “I think it’s the good ol’ boys flexing their muscle for more power and more control,” she said.On Thursday, Ms. Freeman gave a tour of some of the more remote areas of the county, a few miles from the J. Strom Thurmond reservoir, named for the Republican senator who was known as a segregationist but ended up voting to reauthorize the Voting Rights Act.Ms. Freeman talked about her role in the other major racially charged issue that rocked the county in recent decades: an allegation, in the early 1990s, that Black children had been told to sit in the back of a school bus by a driver.The Rev. Denise Freeman, a local activist, outside the proposed site for the new polling station, a gymnasium named after the longtime chair of the county commission. Nicole Craine for The New York TimesBlack parents discussed keeping their children out of school. Ms. Freeman spoke up about this issue and other perceived injustices, earning her share of enemies.Eventually, she said, an outside group came in to broker a sort of peace: the Department of Justice.Three decades later, the residents of Lincoln County will most likely need to sort out their disagreement over polling places on their own. On Tuesday, Ms. Bolton’s office was in the process of verifying hundreds of protest petitions from voters in two precincts. Under Georgia law, those two polling places will have to stay open if the petitioners amount to 20 percent or more of the total electors in each precinct.But Jim Allen, a board member, does not believe that the plan is dead. Some form of consolidation, he said, was likely to be considered eventually.Michael Wines More

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    Republicans Think There Is a ‘Takeover’ Happening. They Have Some Reading to Do.

    Much of what’s in the Constitution is vague, imprecise or downright unclear. But some parts are very straightforward.For example, Article 1, Section 4 states that “the Times, Places and Manner of holding Elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of choosing Senators.”Or, as Justice Antonin Scalia — quoting a previous ruling — argued in 2013 in his opinion for the court in Arizona v. Inter Tribal Council of Arizona, “The power of Congress over the ‘Times, Places and Manner’ of congressional elections ‘is paramount, and may be exercised at any time, and to any extent which it deems expedient; and so far as it is exercised, and no farther, the regulations effected supersede those of the State which are inconsistent therewith.’”The legal scholar Pamela S. Karlan put it this way in a 2006 report on the Voting Rights Act: “The Supreme Court’s recent decisions under the elections clause have confirmed the longstanding interpretation of the clause as a grant of essentially plenary authority.” In other words, Congress has absolute, unbending power to regulate federal elections as it sees fit.For this reason among many, it has been strange to see Republican politicians — including some self-described “constitutional conservatives” — denounce the Democrats’ proposed new voting rights legislation as an illegitimate “federal takeover” of federal elections.In an op-ed for The Washington Post, former Vice President Mike Pence denounced the bills and the effort to pass them as a “federal power grab over our state elections” that would “offend the Founders’ intention that states conduct elections just as much as what some of our most ardent supporters would have had me do one year ago.”On Twitter, the governor of Mississippi, Tate Reeves, called the bill — which would allow for same-day voter registration, establish Election Day as a national holiday and expand mail-in voting — “an unconstitutional federal takeover of our elections” that would “make it easier to cheat.”Not to be outdone, Mitch McConnell slammed the bill as a “sweeping, partisan, federal takeover of our nation’s elections.”“We will not be letting Washington Democrats abuse their razor-thin majorities in both chambers to overrule state and local governments and appoint themselves a national Board of Elections on steroids,” the Senate Republican leader declared.Although Reeves is the only lawmaker in this group to have called the Democratic election bill “unconstitutional,” the clear implication of the Republican argument is that any federal regulation of state elections is constitutionally suspect. We already know that this is wrong — again, the Constitution gives Congress the power to regulate state elections for federal office — but it’s worth emphasizing just how wrong it is.In addition to the Supreme Court, which has affirmed — again and again — the power of Congress to set “the Times, Places and Manner” of federal elections, there are the framers of the Constitution themselves, who were clear on the broad scope of the clause in question.Alexander Hamilton defends it in Federalist 59 as a necessary bulwark against the interests of individual states, which may undermine the federal union. “Nothing can be more evident than that an exclusive power of regulating elections for the national government, in the hands of the State legislatures, would leave the existence of the Union entirely at their mercy,” Hamilton writes.“If the State legislatures were to be invested with an exclusive power of regulating these elections,” he continues, “every period of making them would be a delicate crisis in the national situation, which might issue in a dissolution of the Union.”“Every government,” he says with emphasis, “ought to contain in itself the means of its own preservation.”Similarly, as the historian Pauline Maier recounted in “Ratification: The People Debate the Constitution, 1787-1788,” James Madison saw the Election Clause as a measure that would “allow Congress to use its power over elections against state electoral rules that were ‘subversive of the rights of the People to a free & equal representation in Congress agreeably to the Constitution.’”The 15th Amendment to the Constitution, ratified in 1870, expanded and reaffirmed the power of Congress to regulate federal elections, stating, “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude” and “The Congress shall have power to enforce this article by appropriate legislation.”Both the Enforcement Act of 1870, which established criminal penalties for interfering with the right to vote, and the Enforcement Act of 1871, which created a system of federal oversight for congressional elections, were passed under the authority granted by the Elections Clause and the 15th Amendment. The proposed Federal Elections Bill of 1890, which would have allowed voters to request direct federal supervision of congressional elections, was also written pursuant with the government’s expressly detailed power under the Constitution.It is one thing to say that a new election bill is unnecessary and that it attempts to solve a problem that does not exist. In large part because of the efforts of voting rights activists trying to overcome the obstacles in question, voter suppression laws do not appear to have a substantial impact on rates of voting, and overall voter turnout has increased significantly since the Supreme Court undermined the Voting Rights Act in 2013.But there is no question, historically or constitutionally, that Congress has the authority to regulate federal elections and impose its rules over those adopted by the states. Nor does this have to be bipartisan. Nothing in Congress does.The 1960s were one of the few times in American history when support for voting rights — or at least the voting rights of Black Americans — did not fall along strictly partisan lines. For a part of the 19th century, Republicans took the lead as the party of expanding the vote. Today, it is the Democratic Party that hopes to secure the right to vote against a political movement whose clear ability to win votes in fair elections has not tempered its suspicion of easy and unrestricted access to the ballot.There are times when the federal government needs to take election rules out of the hands of the states. Looking at the restrictions and power grabs passed by state Republican lawmakers in the wake of Donald Trump’s defeat, I’d say now is one of those times. It may not happen anytime soon — the voting rights legislation in question went down in defeat this week — but it should remain a priority. The right to vote is fundamental, and any attempt to curtail it should be fought as fiercely and as aggressively as we know how.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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    ‘I Will Not Sit Quietly’: 3 Black Senators in Spotlight on Voting Rights

    Senators Cory Booker, Tim Scott and Raphael Warnock brought vastly different perspectives to proceedings that highlighted the Senate’s striking lack of diversity.Senators Tim Scott and Cory Booker clashed over calling Republican-backed voting legislation “Jim Crow 2.0.”Sarahbeth Maney/The New York TimesWASHINGTON — The Senate has only three Black members, a paltry number that is unrepresentative of the country, so when the chamber took up a voting rights bill this week aimed at preventing the disenfranchisement of voters of color, Senators Cory Booker, Tim Scott and Raphael Warnock played an outsized role in the debate.During a more than 10-hour discourse on Wednesday that highlighted the Senate’s lack of diversity, the three men brought vastly different perspectives to an issue that each said had affected them in deeply personal ways, with the two Democrats — Mr. Warnock of Georgia and Mr. Booker of New Jersey — serving as self-described witnesses to Republican-engineered voter suppression, and Mr. Scott, Republican of South Carolina, countering that the real threat to democracy was coming from the left.The protracted proceedings underscored how heavily the white leaders of both parties lean on the few Black members of their rank-and-file when issues of race arise. When Vice President Kamala Harris, a former senator from California who was the first Black woman to serve in that post, briefly presided over the debate on Wednesday night, nearly half of the 11 African Americans who have ever served in the Senate were present at once.But it also showed the power of representation and biography in a debate over policy.The moral force that the three senators could marshal to their causes was clear. The back-and-forth between Mr. Scott, the son of a struggling single mother in working-class North Charleston, S.C., and Mr. Booker, a former Rhodes Scholar and big-city mayor, provided a striking moment, as they fought over the meaning of Jim Crow in the present day.Mr. Scott used the elections of all three Black men — but especially himself and Mr. Warnock — to back up his case that America is a nation of expanding democratic opportunity, not voter suppression and inequity.“It’s hard to deny progress when two of the three come from the Southern states which people say are the places where African American votes are being suppressed,” he said.Mr. Warnock, who ministers from Ebenezer Baptist Church in Atlanta, the pulpit from which the Rev. Dr. Martin Luther King Jr. preached, closed the debate with an appeal to every senator.“Let the message go out: You cannot honor Martin Luther King and work to dismantle his legacy at the same time,” Mr. Warnock said Wednesday night, two days after King’s holiday, when virtually every senator of every political stripe produced an obligatory tribute to the slain civil rights leader.“I will not sit quietly while some make Dr. King the victim of identity theft.”The groundbreaking positions of the men, no doubt, are at least part of the reason they were thrust onto center stage. Mr. Scott was the first Black senator from the South since Reconstruction. Mr. Warnock is the first African American to represent Georgia in the Senate and the first Black Democrat to be elected to the Senate by a former state of the Confederacy. Mr. Booker is his state’s first Black senator.Donna Brazile, a Black Democratic strategist who headed Al Gore’s 2000 presidential campaign, recalled watching Wednesday’s debate and “thinking, ‘I thank God we have in 2022 three Black members of the United States Senate, regardless of party affiliation,’ because they all spoke uniquely from their own experiences of the journey of Black Americans.”But it can be a bit overwhelming, said Carol Moseley Braun, who was the first Black woman to serve in the Senate and the only Black person in the entire chamber when she served.“If it had to do with women, I got trotted out. If it had to do with Black people, I got trotted out,” she recalled in an interview on Thursday. “I couldn’t win.”In the end, no amount of pressure from Mr. Warnock could sway a single Republican to back the voting rights and election protection bill, or persuade the two balking Democrats, Senators Kyrsten Sinema of Arizona and Joe Manchin III of West Virginia, to support weakening the filibuster to advance it over G.O.P. opposition.Nor could Mr. Scott save his party from the fallout of defending voting restrictions passed by Republican legislatures that Democrats say are intended to disenfranchise minority voters. The South Carolina senator’s ardent defense of Georgia’s new voting law may have been lost amid the repercussions from a faux pas uttered on Wednesday by Senator Mitch McConnell of Kentucky, the Republican leader.Asked about protests from voters of color over new restrictions, Mr. McConnell said, “The concern is misplaced because if you look at the statistics, African American voters are voting in just as high a percentage as Americans.” Critics interpreted the comment as implying that either Black voters are not wholly American, or that the top Senate Republican considered “American” synonymous with white.Mr. Warnock is the obvious face of the Democratic cause, not because of his skin color but because his tight election victory in 2020 — along with an even tighter win by his colleague, Senator Jon Ossoff, Democrat of Georgia — gave the party its Senate majority, and because Mr. Warnock must face Georgia voters again this November, now under new election rules signed into law by the state’s Republican governor.Indeed, in an evenly divided Senate where the net loss of a single seat would cost Democrats control, Mr. Warnock is perhaps the most endangered Democrat, and the party’s cause célèbre.“Reverend Warnock is the moral authority and conscience on this issue by virtue of his background, his election and his extraordinary rhetorical capabilities,” said Marc Elias, the party’s top election lawyer. “He speaks for so many people, and articulates what so many people feel in their hearts about the importance of voting rights.”Last year, at least 19 states passed 34 laws restricting access to voting, according to the nonpartisan Brennan Center for Justice, but in the Senate on Wednesday, Georgia’s law was front and center.Mr. Scott fiercely defended the law — “supposedly the poster child of voter suppression” — as actually expanding access to the ballot, saying Democrats were distorting its effects to inject race into the voting rights fight when their real aim was political power.Senator Raphael Warnock of Georgia is perhaps the chamber’s most endangered Democrat.Sarahbeth Maney/The New York TimesHe leaned in hard to his biography, which included a grandfather he escorted to the polls because he could not read, to burnish his credentials as he laid into the Democrats’ case for a far-reaching rewrite of election laws that have traditionally been the purview of state and local governments.Speaking for “Americans from the Deep South who happen to look like me,” the conservative Republican recounted the Jim Crow era that his grandfather had lived through, when literacy tests, job losses, beatings and lynchings kept Black Southerners from the polls. The Georgia law is nothing like the “Jim Crow 2.0” that President Biden and other Democrats have called it, he said.“To have a conversation and a narrative that is blatantly false is offensive, not just to me or Southern Americans but offensive to millions of Americans who fought, bled and died for the right to vote,” Mr. Scott said.That brought a sharp response from Mr. Booker. “Don’t lecture me about Jim Crow,” he said, adding: “It is 2022 and they are blatantly removing more polling places from the counties where Blacks and Latinos are overrepresented. I’m not making that up. That is a fact.”But it was Mr. Warnock who brought to the debate the names of his own constituents: a woman who has not been able to vote for a decade because of long lines and constantly moving polling places; a student who could not vote for him in 2020 because the epic waits near her college would have made her miss class; another who waited eight hours in the rain to cast her ballot.“One part of being a first of any kind is thinking, ‘How do I educate people?’” said Minyon Moore, who was a political director in the Clinton White House and a senior aide to Hillary Clinton. “I see that as a badge of honor, not a burden, and I know that Senators Warnock and Booker do, too. They have a responsibility to educate and explain. If they don’t do it, who will?”Mr. Warnock, too, brandished his biography, which included growing up in the Kayton Homes housing project in Savannah, Ga., the youngest of 12 children. His mother picked cotton in Waycross, Ga., as a child, he said, and “the 82-year-old hands that used to pick somebody else’s cotton helped pick her youngest son as a United States senator” in 2021.It was difficult enough when he beat the incumbent Republican, Kelly Loeffler, by about 93,000 votes with a huge minority turnout; this November will be worse with the state’s new law, he said.Georgia’s legislators “have decided to punish their own citizens for having the audacity to show up,” Mr. Warnock said, adding, “Those are the fact of the laws that are being passed in Georgia and across the nation.”Democrats have been wowed by such rhetorical performances, but the senator’s first year in electoral politics has yielded little in the way of victories. The voting rights push that he has framed as a moral imperative has been blocked. Another effort, to secure health care for the working poor in states like Georgia that have refused to expand Medicaid under the Affordable Care Act, got a boost when it was included in the Build Back Better Act that passed the House. But that, too, has been stymied in the Senate.He was blunt on Wednesday, when he said during the voting rights debate that he believed in bipartisanship, but then asked, “Bipartisanship at what cost?”“Raphael Warnock feels that he went up there with this idea he can work with anyone,” said Jason Carter, a grandson of former President Jimmy Carter who was the Democratic candidate for governor in Georgia in 2014 and speaks regularly to Mr. Warnock. “There may come a time where he throws up his hands and says we can’t get anything done. I haven’t heard the frustration boiling over yet.” More

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    Republicans Want New Tool in Elusive Search for Voter Fraud: Election Police

    Republicans in three states have proposed strike forces against election crimes even though fraud cases remain minuscule.WASHINGTON — Reprising the rigged-election belief that has become a mantra among their supporters, Republican politicians in at least three states are proposing to establish police forces to hunt exclusively for voter fraud and other election crimes, a category of offenses that experts say is tiny at best.The plans are part of a new wave of initiatives that Republicans say are directed at voter fraud. They are being condemned by voting rights advocates and even some local election supervisors, who call them costly and unnecessary appeasement of the Republican base that will select primary-election winners for this November’s midterms and the 2024 presidential race.The next round of voting clashes comes after the apparent demise of Democratic voting rights legislation in Washington on Thursday. It is a reminder that while the Democratic agenda in Washington seems dead, Republican state-level efforts to make voting harder show no sign of slowing down.Supporters say the added enforcement will root out instances of fraud and assure the public that everything possible is being done to make sure that American elections are accurate and legitimate. Critics say the efforts can easily be abused and used as political cudgels or efforts to intimidate people from registering and voting. And Democrats say the main reason Republican voters have lost faith in the electoral system is because of the incessant Republican focus on almost entirely imagined fraud.The most concrete proposal is in Florida, where Gov. Ron DeSantis asked the State Legislature last week for $5.7 million to create a 52-person “election crimes and security” force in the secretary of state’s office. The plan, which Mr. DeSantis has been touting since the fall, would include 20 sworn police officers and field offices statewide.Gov. Ron DeSantis asked the Florida Legislature for $5.7 million to create a 52-person “election crimes and security” force in the secretary of state’s office.Chris O’Meara/Associated PressThat was followed on Thursday by a pledge by David Perdue, the former Georgia senator who is a Republican candidate for governor, to create his own force of election police “to make Georgia elections the safest and securest in the country.” Mr. Perdue, who lost his Senate seat in 2020, claimed that Gov. Brian Kemp, a Republican who is seeking re-election, weakened election standards and refused to investigate claims of fraud following President Biden’s narrow win in the state.And in Arizona, a vocal supporter of former President Donald J. Trump’s lies about a stolen election, State Senator Wendy Rogers, has filed legislation to establish a $5 million “bureau of elections” in the governor’s office with the power to subpoena witnesses and impound election equipment.Ms. Rogers’s bill probably faces an uphill road in the Legislature, where Republicans are only narrowly in control and have been battered for their support of a widely ridiculed multimillion-dollar inquiry into 2020 election results. Prospects for the Florida and Georgia proposals are less clear.The proposals are the latest twist in a decades-long crusade by Republicans against election fraud that has grown rapidly since Mr. Trump’s election loss in 2020 and his false claim that victory was stolen from him.Mr. DeSantis took a tough line in November when he unveiled his proposal, saying that the new unit would chase crimes that local election official shrug at. “There’ll be people, if you see someone ballot harvesting, you know, what do you do? If you call into the election office, a lot of times they don’t do anything,” he said at an appearance in West Palm Beach.“I guarantee you this,” he added. “The first person that gets caught, no one is going to want to do it again after that.”None of the three states — and for that matter, none of the other 47 and the District of Columbia — reported any more than a minuscule number of election fraud cases after the 2020 races. Mr. DeSantis said after the 2020 vote that his was “the state that did it right and that other states should emulate.” The only notable hint of irregularity in Florida was the recent arrest on fraud charges of four men in a retirement complex north of Orlando. At least two of them appeared to be winter Floridians accused of casting ballots both there and in more frigid states to the north.Trump supporters gathered outside the Maricopa County Recorder’s Office in downtown Phoenix as ballots were counted in November 2020.Adriana Zehbrauskas for The New York TimesBut Mr. DeSantis and Mr. Perdue say their strike forces are still needed to root out other election irregularities and to bolster their constituents’ sagging faith in the honesty of the vote. The same rationale has powered so-called audits of election results and clampdowns on election rules by Republican-run legislatures across the country.Sweeping election-law revisions enacted by Florida and Georgia legislators last spring sharply limit the use of popular drop boxes for submitting absentee ballots, require identification to obtain mail-in ballots, make it harder to conduct voter-registration drives, and restrict or ban interactions — such as handing out snacks or water — with voters waiting in line to cast ballots.Mr. Trump comfortably won Florida by about 370,000 votes in 2020, and his narrow losses in Arizona and Georgia were confirmed by expert audits, recounts and even the notorious Cyber Ninjas inquiry into the vote in Maricopa County.“We don’t need further investigations into elections that are freely and fairly conducted,” said Alex Gulotta, the Arizona director of the advocacy group All Voting Is Local. “We’ve established that again and again and again. This is more pablum to the people who believe in fraud and conspiracy theories and lies that the last election was stolen.”Neither the new laws nor election autopsies appear to have shaken the conviction of many Trump supporters that the election system is suspect. Some scholars say they see the police forces as the latest bid by politicians to scratch that itch.Bids to curb so-called fraud are becoming standard for Republican candidates who want to win over voters, Barry Burden, the director of the Elections Research Center at the University of Wisconsin-Madison, said in an interview. “Whoever is the nominee in 2024, whether it’s Trump or anyone else, it will likely be part of their platform,” Mr. Burden said.The idea of an election police force is not new, even in the states where they are being proposed. In Georgia, Secretary of State Brad Raffensperger already oversees 23 investigators whose purview includes election irregularities, and an assistant state attorney general exclusively prosecutes crimes in elections, the judiciary and local governments. The Arizona attorney general manages a relatively new “election integrity” investigative unit, and Florida election violations are prosecuted by both state and local authorities, as is true in most states. More

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    Emily’s List Presses Kyrsten Sinema Over Filibuster Stance

    The powerful political action committee said the Arizona senator could find herself “standing alone” in 2024 if she refuses to change Senate rules to force through voting rights legislation.WASHINGTON — One of the largest contributors to Senator Kyrsten Sinema’s political rise announced on Tuesday that it would cut off its financial support if the senator continues to refuse to change the Senate’s filibuster rules to allow for passage of far-reaching voting rights legislation.Emily’s List, the largest funder of female Democratic candidates who support abortion rights, made the extraordinary announcement as the Senate barreled toward votes this week on a bill to reverse restrictions on voting passed by a number of Republican-led state legislatures.If, as expected, Republicans block the bill with a filibuster, Democratic leaders plan to try to change the Senate’s rules to overcome the minority party’s opposition. To do that, Democratic leaders would need all 50 members of their caucus on board. But Ms. Sinema, Democrat of Arizona, has said she will not vote to change the rules, making her — along with another holdout from her party, Senator Joe Manchin III of West Virginia — a target of liberal activists’ ire.“Understanding that access to the ballot box and confidence in election results are critical to our work and our country, we have joined with many others to impress upon Senator Sinema the importance of the pending voting rights legislation in the Senate,” Laphonza Butler, the president of Emily’s List, said in a statement. “So far those concerns have not been addressed.”She added, “Right now, Senator Sinema’s decision to reject the voices of allies, partners and constituents who believe the importance of voting rights outweighs that of an arcane process means she will find herself standing alone in the next election.”In a statement on Tuesday night, Ms. Sinema noted that the filibuster “has been used repeatedly to protect against wild swings in federal policy, including in the area of protecting women’s health care.”“Different people of good faith can have honest disagreements about policy and strategy,” she said. “Such honest disagreements are normal, and I respect those who have reached different conclusions on how to achieve our shared goals of addressing voter suppression and election subversion, and making the Senate work better for everyday Americans.”Emily’s List faced growing pressure from liberal activists and its own donors to take a stand ahead of this week’s showdown. The group was by far Ms. Sinema’s biggest donor in her run for the Senate in 2018, and potential primary challengers for her next run in 2024, such as Representative Ruben Gallego of Arizona, have begun making some noise.Senator Elizabeth Warren, Democrat of Massachusetts, pointedly declined on Tuesday to rule out backing a primary challenge to Ms. Sinema.“We’ll address that when we get past this week,” Ms. Warren said on “CBS Mornings” when pressed on the matter.Senator Bernie Sanders, independent of Vermont, also hinted that he could support a primary challenge to Ms. Sinema or Mr. Manchin.Understand the Battle Over U.S. Voting RightsCard 1 of 6Why are voting rights an issue now? More