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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

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    Biden and the Democratic Party Failed Us Badly on Voting Rights

    It has been less than a week since President Biden and Vice President Kamala Harris came to Atlanta and gave speeches supporting federal legislation to protect and ensure voting rights. Now the legislation is as good as dead. It happened that quickly, but many of us in Georgia saw it coming a long way off.African Americans, and most specifically faith leaders, have cried out during the last year, challenging various racist anti-voting bills — and we have heard virtually nothing from the White House or the Democratic Party.This lack of response, especially at the local level, has created concern within the Black community, as well as political apathy: In November’s governor’s race in Virginia, for instance, Black voters made up 16 percent of the electorate, compared with 20 percent four years earlier. In recent months, Georgia’s AME churches and other denominations have held virtual town halls of thousands of local faith leaders to discuss what is happening in Georgia. What we hear from our communities is clear: The late-to-the-game D.C.-focused strategy allowed extremists to march state to state and change our local election laws. It has been far too passive and does not represent the “good trouble” John Lewis preached.After all, it has been 10 long months since Georgia Republicans — following the historic victories of Joe Biden and Senate Democrats in the state — passed the “Election Integrity Act,” which will make it harder for many African Americans and people of color to vote. Among other things, it limits the ability to request absentee ballots and minimizes other voting opportunities. Last week, in their speeches, Mr. Biden and Ms. Harris strongly and passionately denounced the law. But as they spoke, I kept asking myself where had that strength and passion been during the past 10 months? We saw the administration’s strong commitment on behalf of the infrastructure bill and the Build Back Better Act, but not on voting rights. The White House slept on voting rights — and now our very democracy is at risk.Being a native Delawarean, I know Mr. Biden and worked on several of his campaigns for the U.S. Senate. No one should ever question his commitment to civil rights or the African American community. He is a genuine and great public servant.However, Mr. Biden, having been a member of the Senate for 36 years, wrongly thought the solution to ensuring voting rights lay in Washington, D.C. He expected elected officials would work across the aisle to pass meaningful legislation, as they often did when he was a senator. But, as so many of us have witnessed in recent years, Joe Biden’s Senate simply does not exist anymore. Instead, extremist Trump loyalists, desperate to keep their power, began an efficient and well-funded campaign to minimize Black and brown voters, first in Georgia, and then, in a domino effect, in state legislatures across the country.So what do we do now?First, President Biden must show his strength as a leader. The American people have little respect or patience for a weak leader, but they will support and stand with a strong one. Extreme Trump loyalists have been gutting voting rights with an ax, while Democrats have tried to defend them with a butter knife.It’s time for Mr. Biden to show the 50 senators who reliably back the Democratic agenda that the nation did not elect 51 presidents. He needs to use his powers as president to show that opposing him comes with consequences, not unlike how President Johnson played hardball during negotiations on the Civil Rights Act of 1964. Neither friendships nor history with the Senate has worked, and inaction is unacceptable, so Mr. Biden must now draw a line in the sand. Our elected officials in Washington need the president to sign their bills, approve funding for their local projects, and secure their nominations for appointments. If senators are not going to support this top priority of the Biden administration, then the president needs to make clear that democracy will come first, before their own special projects, interests and priorities.Second, the White House and the Democratic Party need to create a massive education campaign on the changes that have been made to our local voting rights laws. The reality is that most people still do not know what’s happening. Building this narrative cannot be done with one trip to Georgia or with one speech, nor will it be done with overzealous rhetoric. This fight must be about educating and informing people, not politics as usual. Mr. Biden and his administration need to consistently share with the American people what these new pieces of anti-voting legislation across the country are doing to our democracy and to our people. He must share the stories of those who will now struggle to exercise their democratic right. The facts must be showcased until every American understands what has occurred over the past year.Third, the president needs to move the conversation on voting rights away from the failed Senate Democratic caucus and toward an energized voter registration effort that builds on what was achieved in Georgia, Arizona and other states in 2020. While there never is going to be a quick fix for what extremists have done to our democracy over the last year, we have to organize to counter the new roadblocks. Mr. Biden’s legislative efforts must transition to a nationwide campaign to register voters and help people make plans to vote. Unlike what happened during the last year, there needs to be much more consistent communication, coordination, engagement and support between the White House and those promoting and defending our democracy at the local level.Our collective history prepares Black and brown voters for potential voting battles on Election Day, and it’s imperative that our communities take on even greater responsibility in 2022. It is incumbent that African Americans not allow the events of the last year to create apathy in 2022. But the historic challenge we now face must also be extended to President Biden.As we observe the Martin Luther King Jr. holiday on Monday, let us remember his words, “The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy.” Mr. President, at this historic moment, I have great confidence that you are strong enough, passionate enough and love this country enough to lead this army. But we need you to lead this fight as our president, not as a senator. This must not be the end of our fight; it needs to be our beginning. And to paraphrase King once again, please, listen to your conscience, and do what you know to be right. Lead us in the fight to save our great democracy — and we will follow.Bishop Reginald T. Jackson is presiding prelate of the 6th Episcopal District of the African Methodist Episcopal (AME) Church, which comprises 534 Georgia churches, totaling more than 90,000 parishioners. He also directed Georgia’s “Operation Voter Turnout,” a nonpartisan, multi-faith coalition to support voting rights during the 2020 general and runoff elections.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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    With Voting Rights Bill Dead, Democrats Face Costly Fight to Overcome GOP Curbs

    Party officials now say they are resigned to spending and organizing their way around the new voting restrictions passed in Republican-controlled states.With the door slammed shut this week on federal legislation to create new protections for access to voting, Democrats face an electoral landscape in which they will need to spend heavily to register and mobilize voters if they are to overcome the hodgepodge of new voting restrictions enacted by Republicans across the country.Democrats rode record turnout to win the presidency and control of the Senate in 2020 after embracing policies that made it easier to vote with absentee ballots during the pandemic. But Republican-controlled state legislatures have since enacted a range of measures that undo those policies, erect new barriers to voting and remove some of the guardrails that halted former President Donald J. Trump’s drive to overturn the election.Now, Democrats’ best chance for counteracting the new state laws is gone after Senator Kyrsten Sinema, Democrat of Arizona, declared her opposition on Thursday to President Biden’s push to lift the filibuster to pass the party’s two voting access bills.That failure infuriated Democrats and left them contemplating a long and arduous year of organizing for the midterm elections, where they already face headwinds from Mr. Biden’s low approval ratings, inflation, congressional redistricting and the persistent pandemic.Democratic officials and activists now say they are resigned to having to spend and organize their way around the new voting restrictions — a prospect many view with hard-earned skepticism, citing the difficulty of educating masses of voters on how to comply with the new rules.They say it would require them to compensate by spending tens or even hundreds of millions of dollars more on voter-registration and turnout programs — funds that might otherwise have gone to promoting Democratic candidates.“All these voter protection measures are not cheap,” said Raymond Paultre, executive director of the Florida Alliance, a statewide network of progressive donors. “This is going to draw a lot of resources away from candidates, campaigns and organizations.”Republicans, whose decades-long push to curtail voting access was put into overdrive by Mr. Trump’s false claims of election fraud after his defeat, are planning a renewed push to enact new restrictions during this year’s state legislative sessions.They are also pushing to recruit thousands of Trump supporters as election workers come November.The bottom line, Democrats say, is that in many Republican-run states, voting in 2022 may be more difficult — and more charged — than it has been in generations, especially if the coronavirus pandemic does not subside.The stakes are highest in key battleground states where governors and top election officials on the ballot in November will determine the ease of voting in the 2024 presidential contest.A conservative judge in Wisconsin has banned the use of drop boxes for absentee ballots.Chang W. Lee/The New York TimesIn Wisconsin on Thursday, a judge in Waukesha County, the largest county in the state among those run by Republicans, ruled that drop boxes for absentee ballots are illegal statewide — a reversal of longstanding practice, and a ban set to take effect in municipal primary elections on Feb. 15.The ruling by Michael O. Bohren, a circuit court judge, invalidated years of guidance from the Wisconsin Elections Commission allowing municipalities to collect absentee ballots in drop boxes before Election Day.Judge Bohren, who routinely attests to his bona fides as a conservative, was appointed to the bench in 2000 by former Gov. Tommy Thompson, a Republican, and presides over a courtroom displaying portraits of a handful of American presidents, all of them Republicans except for George Washington. He declined to be interviewed.His decision, if not reversed on appeal, could also forbid Wisconsinites to turn in ballots other than their own and jeopardize city-sponsored ballot-collection events like Democracy in the Park in Madison, in which city workers gathered 17,000 early votes in public parks in the weeks before the 2020 election.“When you try to suppress the vote, somebody is going to be at the losing end of things,” said Gov. Tony Evers of Wisconsin, a Democrat who faces a difficult re-election this fall. “Those people are the people of Wisconsin.”The federal voting rights legislation also would have contained funding for election administration processes, including automatic voter registration. Without it, election officials say they will be hamstrung in training staff members and buying needed equipment, running the risk of disruptions. Hundreds of officials from 39 states sent a letter to Mr. Biden on Thursday asking for $5 billion to buy and fortify election infrastructure for the next decade. The letter was organized by a group largely funded by Mark Zuckerberg, Facebook’s founder and chief executive.Despite that need, at least 12 states have passed laws preventing nongovernmental groups from financing election administration — a wide-reaching legislative response to false right-wing suspicions that $350 million donated for that purpose by another organization with ties to Mr. Zuckerberg was used to increase Democratic turnout. (The money mainly covered administrative expenses, including safety gear for poll workers, and was distributed to both Republican and Democratic jurisdictions.)Some Democrats and civil rights leaders say they fear that the failure of Democrats in Washington to enact a federal voting law could depress turnout among Black voters — the same voters the party will spend the coming months working to organize.“Voting rights is seen by Black voters as a proxy battle about Black issues,” said Mr. Paultre, in Florida. “The Democratic Party is going to be blamed.”In Texas, whose March 1 primary will be the first of the midterms, some results of the sweeping new voting law passed by the Republican-controlled Legislature last year are already clear. In populous counties such as Harris, Bexar, Williamson and Travis, as many as half of absentee ballot applications have been rejected so far because voters did not comply with new requirements, such as providing a driver’s license number or a partial Social Security number.In Harris County — the state’s largest, which includes Houston — roughly 16 percent of ballot applications have been rejected because of the new rules, a sevenfold increase over 2018, according to Isabel Longoria, a Democrat who is the county’s elections administrator. About one in 10 applications did not satisfy the new identification requirements, she said.In Travis County, home to Austin, about half of applications received have been rejected because of the new rules, officials said. “We’re now seeing the real-life actual effect of the law, and, ladies and gentlemen, it is voter suppression,” said Dana DeBeauvoir, a Democrat who oversees elections there as county clerk.Both counties have received far fewer absentee ballot applications than in 2018. Officials attributed the drop to a new rule barring election officials from sending ballot applications unrequested.With the Texas primary fast approaching, election officials are growing increasingly worried about their ability to recruit poll workers. A variety of criminal penalties enacted in the state’s new voting law, they said, raise the risk that an honest mistake could land a low-paid worker in jail.Republicans, whose most avid voters remain animated by Mr. Trump’s false stolen-election claims, have had no such trouble recruiting election workers. For Virginia’s November election, Republicans placed volunteers at 96 percent of precincts, up from 37 percent for the 2020 election, according to John Fredericks, a conservative talk-radio host who was Mr. Trump’s Virginia state chairman in 2020 and was a booster of the new Republican governor, Glenn Youngkin.Understand the Battle Over U.S. Voting RightsCard 1 of 6Why are voting rights an issue now? More

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    Democrats Face a Dilemma on Voting: Compromise or Keep Pressing?

    With their broad voting rights push nearing a dead end, Democrats must soon decide whether to embrace a far narrower bipartisan effort to protect vote counting and administration.WASHINGTON — With their drive to secure far-reaching voting rights legislation nearing a dead end, Senate Democrats face a decision they had hoped to avoid: Should they embrace a much narrower, bipartisan effort to safeguard the vote-counting process, or continue what increasingly looks like a doomed push to protect access to the ballot box?A growing group of Senate Republicans and centrist Democrats is working on legislation to overhaul the Electoral Count Act, the 19th-century law that former President Donald J. Trump sought to exploit to overturn the 2020 presidential election. That effort is expanding to include other measures aimed at preventing interference in election administration, such as barring the removal of nonpartisan election officials without cause and creating federal penalties for the harassment or intimidation of election officials.Democratic leaders say they regard the effort as a trap — or at least a diversion from the central issue of voter suppression that their legislation aims to address. They argue that the narrower measures are woefully inadequate given that Republicans have enacted a wave of voting restrictions in states around the country that are geared toward disenfranchising Democratic voters, particularly people of color.Still, even if there is no consensus to be found on a bill addressing how votes are cast, proponents say there is a growing sentiment in favor of ensuring that those that are cast are fairly counted.“There is a lot of interest, a lot of interest,” said Senator Susan Collins, Republican of Maine, who is leading one effort with Senators Kyrsten Sinema of Arizona and Joe Manchin III of West Virginia, both centrist Democrats, and Senators Mitt Romney of Utah, Thom Tillis of North Carolina, Roger Wicker of Mississippi and Joni Ernst of Iowa, all Republicans.Senators Susan Collins, Republican of Maine, and Joe Manchin III, Democrat of West Virginia, are part of a group working on a narrower bill to ensure votes are fairly counted.Stefani Reynolds for The New York TimesSenator Jeanne Shaheen, Democrat of New Hampshire, also listened in on a call on the matter this month but remains noncommittal.“I’m not saying this is going to be easy,” Ms. Collins added, “but I’m optimistic.”A separate group — including two Democratic senators, Richard J. Durbin of Illinois and Amy Klobuchar of Minnesota, and Senator Angus King, a left-of-center independent from Maine — is looking at changing how Congress formalizes the election results to head off another attempt like the one Mr. Trump made to have allies on Capitol Hill try to toss out state electoral votes.But most Democrats are reluctant even to discuss the matter until after the far more comprehensive voting rights bill they call the Freedom to Vote Act is put to rest next week, a near certainty after Ms. Sinema and Mr. Manchin said this week that they would not vote to change Senate rules on the filibuster to enable their party to push it through unilaterally.“There are two issues going on right now in the country. One is voter suppression — these subtle laws that make it harder for people to vote,” Mr. King said. “The other piece is voting administration, where you get into substituting partisan people for nonpartisan administrators, purging voter election boards, allowing election boards to eliminate polling places and also the whole mechanics of counting.”He added, “There’s a reasonable opportunity here for a bipartisan bill, but my concern is that it will be viewed as a substitute for the Freedom to Vote Act, and that’s just not the case.”Members of both parties are concerned about the counting and certification of ballots after they have been cast. President Biden was emphatic on the point when he emerged Thursday from a fruitless lunch with Senate Democrats, pleading with them to change the filibuster rules around voting.“The state legislative bodies continue to change the law not as to who can vote, but who gets to count the vote, count the vote, count the vote,” he said, his voice rising in anger. “It’s about election subversion.”And some academic experts say protecting election administration and vote counting, at this moment, is actually more critical than battling restrictions on early and absentee voting and ballot drop boxes.“I’ve been saying this for the last year: The No. 1 priority should be ensuring we have a fair vote count,” said Richard L. Hasen, a law professor at the University of California, Irvine, who has drafted his own prescriptions for safeguarding elections after Election Day. “We are in a new level of crisis. I never expected in the contemporary United States that we would have to have legislation around a fair vote count, but we have to have it now.”Senator Mitch McConnell of Kentucky, the Republican leader, has opened the door a crack to changing the Electoral Count Act, which Mr. Trump and his legal advisers speciously claimed gave the vice president the power to unilaterally reject the electors from states deemed contested.“It obviously has some flaws. And I think it should be discussed,” Mr. McConnell told reporters on Tuesday. “That is a totally separate issue from what they’re peddling on the Democratic side.”Senator Mitch McConnell, the Republican leader, has opened the door to a narrower effort by saying the Electoral Count Act has flaws.Tom Brenner for The New York TimesDemocrats are leery. They fear Republicans want to reassure Mr. Manchin and Ms. Sinema that if, as promised, they reject their party’s efforts to do away with the filibuster to pass voting rights legislation, they will have the bipartisan alternative they crave.Senator Chuck Schumer of New York, the majority leader, has said not only would that alternative be wholly insufficient, but it also would probably not materialize.In 2019, as Democrats were pushing for gun safety legislation after a pair of mass shootings, Republican leaders who opposed the bill raised the prospect of narrower legislation to help law enforcement take guns from those who pose an imminent danger. Once the Democratic bills failed, the more modest one did, too.Understand the Battle Over U.S. Voting RightsCard 1 of 6Why are voting rights an issue now? More

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    Before Elections, Georgia Republicans Again Consider Voting Restrictions

    A sweeping 2021 law drew a legal complaint from the Justice Department. Legislators in the state are considering several new measures focused on ballot access and fraud investigations.ATLANTA — Butch Miller, a Republican leader of the Georgia State Senate, is running for lieutenant governor and faces a tough fight this spring against a primary opponent backed by former President Donald J. Trump.So perhaps it is no surprise that Mr. Miller, a co-sponsor of a sweeping and restrictive state voting law last year, has once again jumped into the fray, promoting a new measure to prohibit the use of drop boxes for absentee ballots, which he says would increase security — though no problems with their use by voters have been verified.“Drop boxes are the weakest link in our election security,” Mr. Miller said in a statement. “This change removes that weakest link without doing anything to prevent access. It’s actually easier to vote early in person — and we provide far more days than most states for that.”Georgia was a key to President Biden’s victory as well as the Democratic takeover of the Senate, and this is the second year that the state’s Republicans are focused on voting restrictions. Mr. Miller’s proposal is among a raft of new bills that underscore how much Republicans have embraced Mr. Trump’s false narrative that voter fraud cost him the 2020 election.One measure under consideration would allow Georgians to use paper ballots if they have concerns about the recently purchased touch-screen voting machines that were the subject of fantastical fraud claims promulgated by some of Mr. Trump’s supporters.Another proposal would allow the Georgia Bureau of Investigation to open inquiries into allegations of voter fraud. Yet another would create a constitutional amendment to prevent noncitizens from voting — even though they are already barred from voting under existing state law.An absentee ballot box in Atlanta before the 2020 general election. Republicans have zeroed in on the Democratic stronghold with an investigation into the Fulton County election board. Lynsey Weatherspoon for The New York TimesAt the same time, the elections board in Fulton County, the most populous in the state and a Democratic stronghold, is the subject of a state investigation of its management practices. In theory, this investigation could lead to a Republican-directed takeover of the local election board — one that was made possible by the 2021 election law.The investigation, and the new proposals before the Republican-controlled legislature, has triggered fresh anger among Democrats who believe that the measures could contribute to an already unfair playing field in a state where numerous Trump-backed candidates are running for statewide offices.“The most disturbing thing is that the people who have an iron grip on power in the General Assembly believe that they have to continue to suppress voting in order to maintain that iron grip,” said David Worley, a Democrat and former member of the state elections board. “And they’re willing to try any method at hand to do that.”Though Republicans dominate the state legislature, some of the proposals may prove to be, at most, performative gestures by lawmakers eager to show the party’s base that they are responsive to Trump-fueled concerns about voter fraud. The measure that would expand the role of the state investigations bureau, backed by the powerful House speaker, David Ralston, may have the greatest chance of success.Gov. Brian Kemp, a Republican, sounded a less than enthusiastic note this week about going much further than the 2021 voting law, which he called “the No. 1-ranked elections integrity act in the country.”More than any other state, Georgia was the linchpin of Democrats’ fortunes in 2020, said Larry Sabato, a veteran political analyst and the director of the University of Virginia Center for Politics. The Republican stronghold not only flipped for Mr. Biden but delivered the Senate to him.“That’s why the new voting rules in Georgia and elsewhere matter so much,” he said. “Will they shave just enough votes from the Democratic column to put Republicans firmly back in the driver’s seat? If the G.O.P. sees that no penalty is paid for voter suppression, surely that will encourage Republicans to do it wherever they can get away with it.”He added: “In both 2022 and 2024, Georgia is going to be the canary in the coal mine. And it’s a pretty damn big canary.”State Senator Mike Dugan of Georgia shook hands last year with a fellow Republican state senator, Jeff Mullis, after the passage of a bill that would enact new voting restrictions. Ben Gray/Associated PressIn a year that saw Republican-led legislatures nationwide pile new restrictions on voting, the elections law that Georgia lawmakers passed last spring was less notable for its severity than for its specificity. The measure took dead aim at the record 1.3 million absentee votes cast the previous November, disproportionately by Democrats. It did so by sharply reining in the use of drop boxes that were favored by mail-in voters, imposing ID requirements on absentee ballots and raising stiff barriers to the distribution of mail-in ballot applications by both local officials and voting drives.Atop that, the law allowed for state takeovers of county election boards, banned mobile voting sites in heavily Democratic Atlanta and even barred residents from providing food and water to voters waiting in line at the polls.The 2021 statute drew a number of legal challenges, including by the U.S. Department of Justice, which argues that the law violates the federal Voting Rights Act by making it harder to vote and that it was racially motivated. Major League Baseball moved its All-Star Game out of the state in protest.The state law, as well as federal voting rights legislation praised by Mr. Biden in a visit to Atlanta this week, is expected to be front and center in upcoming statewide campaigns. The governor’s race is likely to pit the country’s best-known voting rights advocate, Stacey Abrams, a Democrat, against either Mr. Kemp, whom Ms. Abrams has openly accused of voter suppression in her 2018 race against him, or former Senator David Perdue, Mr. Kemp’s Republican primary challenger, who has echoed Mr. Trump’s baseless fraud claims.In Atlanta on Tuesday, President Biden urged passage of federal legislation to protect the right to vote and the integrity of elections.Doug Mills/The New York TimesOn Tuesday, Mr. Kemp, in a news conference preceding Mr. Biden’s speech, defended the 2021 election law, saying that the Biden administration had “lied” about it — a reference to Mr. Biden’s untrue assertion that the law “ends voting hours early.”He blamed Mr. Biden, Ms. Abrams and Vice President Kamala Harris for the backlash to the law, including the loss of the All-Star Game, which he said had cost the state $100 million. He warned that the federal voting rights laws Mr. Biden was pushing for amounted to a political grab by Democrats.“Make no mistake,” he said, “Georgia is ground zero for the Biden-Harris assault on election integrity, as well as an attempt to federalize everything from how hard-working Georgians run their businesses, to what our kids are taught in school, to how we run elections.”Mr. Kemp and Brad Raffensperger, Georgia’s Republican secretary of state, have both earned places atop Mr. Trump’s list of enemies for defying the former president’s demands that they help overturn his narrow electoral loss in Georgia.The Trump InvestigationsCard 1 of 6Numerous inquiries. More

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    How the Voting Rights Bills Miss the Target on Election Subversion

    The proposed legislation and the push to reform the Electoral Count Act leave open a variety of pathways to subvert a presidential election. More than a year after the attack on the Capitol, President Biden and congressional Democrats still seem nowhere close to enacting robust safeguards against another attempt to overturn a presidential election. One reason is obvious: There’s not enough support in the Senate for Democrats to enact the two voting rights proposals that Mr. Biden pushed in his speech in Atlanta on Tuesday. But there’s another less obvious reason: Neither of the voting rights bills, nor the emerging bipartisan effort to reform the Electoral Count Act, is sure to close off some of the most probable avenues for election subversion. While the various legislative paths might protect access to voting or hold the promise of clarifying how Congress counts electoral votes, the proposals are largely silent on a crucial time frame — the period between the polls closing in November to January, when Congress gathers to count electoral votes. This is when election administrators go about the once routine business of counting and certifying election results. Many analysts believe the electoral process may be at its most vulnerable during this period, when the actions of even a handful of officials could precipitate a constitutional crisis. The risks were evident after the last election, when former President Donald J. Trump and his allies relentlessly sought to persuade election officials to refuse to certify results or invalidate ballots. Virtually no election administrators joined Mr. Trump’s effort. A friendlier voice might answer the phone the next time a president calls a secretary of state in search of another 11,000 votes.Yet the arcane workings of tabulating and certifying the vote have received less attention, whether in legislative proposals or in the news media, than the spectacle of violence at the Capitol or the wave of new Republican laws to restrict voting access. The two legislative paths — the Freedom to Vote Act and the John Lewis Voting Rights Advancement Act — that the president promoted on Tuesday do offer at least some protection against election subversion.The Freedom to Vote Act has evolved considerably since the summer, when its predecessor contained almost no provisions to address the issue. Now it attempts to respond to the numerous Republican election laws that target election workers and nonpartisan election officials, while including other provisions that indirectly protect the process of counting votes — including paper ballot and chain of custody requirements, and safeguards against discarding mail ballots because of a missing security envelope or inexact signature match. But the proposed laws do not regulate the process of certifying the vote — the focal point for Mr. Trump and his allies as they tried to overturn the last election. While their attempt ended in failure, some of their efforts came close enough to represent a credible path for future election subversion. The certification of elections by local election administrators is one example. In Wayne County, Mich., which includes the overwhelmingly Democratic and majority Black city of Detroit, two Republicans initially blocked certification in 2020 before quickly reversing themselves. And one of the two Republican members of a statewide Michigan board refused to certify the results. If the other Republican on the board had done the same, Michigan would have failed to certify — and it is not clear what would have happened as a result.Next time, the outcome might be different. Today, Republicans who believe the 2020 presidential election was stolen are poised to assume greater power across the country, from sitting on local election boards to winning or running for secretary of state positions. With Republican voters remaining loyal to Mr. Trump, many G.O.P. officials might have a very different understanding of what is expected of them by the voters than they did heading into the last election. Similarly, the Democratic voting rights bills would do little to guard against the other paths that Mr. Trump pursued to invalidate the 2020 election, such as pressuring the vice president and congressional Republicans to ignore or overturn Electoral College delegates, or pressuring state legislatures to ignore the certified election result and appoint Trump electors.The Freedom to Vote Act’s anti-gerrymandering provisions have been construed as offering indirect protection against a congressional effort to overturn a presidential election, on the assumption that it would reduce the likelihood of Republican control of Congress. But even that provision seems to be of waning utility, as Democrats appear poised to gerrymander enough Democratic-leaning seats in New York, Illinois and other states so as to ensure a relatively fair national fight for control of Congress. And the proposal does not include a ban on state legislative gerrymandering, a tactic Republicans have sometimes used in states like Wisconsin, Georgia or Texas to create such lopsided majorities that it’s plausible to imagine how there might be enough support to overturn a closely contested election. Former Vice President Mike Pence and House Speaker Nancy Pelosi presided over the counting of Electoral College votes on Jan. 6, 2021.Erin Schaff/ The New York TimesIn contrast to the Democratic voting rights bills, an attempt to reform the Electoral Count Act — the 1887 law that established the procedures for counting electoral votes — might be more likely to more directly address the risk of an intentional campaign to reverse the result of a certified election in Congress. Over the last few weeks, a variety of lawmakers from both parties in the House and Senate have been mulling possible fixes to the law. Senator Mitch McConnell, Republican of Kentucky and the minority leader, signaled openness to revising the act, though many progressives see the push as part of an attempt to derail their own voting rights initiatives.Understand the Battle Over U.S. Voting RightsCard 1 of 6Why are voting rights an issue now? More