Voting Rights, Registration and Requirements

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      The U.S. Lacks What Every Democracy Needs

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      The history of voting in the United States shows the high costs of living with an old Constitution, unevenly enforced by a reluctant Supreme Court.Unlike the constitutions of many other advanced democracies, the U.S. Constitution contains no affirmative right to vote. We have nothing like Section 3 of the Canadian Charter of Rights and Freedoms, providing that “every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein,” or like Article 38 of the Basic Law of the Federal Republic of Germany, which provides that when it comes to election of the Bundestag, “any person who has attained the age of 18 shall be entitled to vote.”As we enter yet another fraught election season, it’s easy to miss that many of the problems we have with voting and elections in the United States can be traced to this fundamental constitutional defect. Our problems are only going to get worse until we get constitutional change.The framers were skeptical of universal voting. The original U.S. Constitution provided for voting only for the House of Representatives, not for the Senate or the presidency, leaving voter qualifications for House elections to the states. Later amendments framed voting protections in the negative: If there’s going to be an election, a state may not discriminate on the basis of race (15th Amendment), gender (19th Amendment) or status as an 18-to-20-year old (26th Amendment).We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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      Vanessa Joy, Transgender Candidate in Ohio, Is Disqualified for Not Disclosing Birth Name

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      Vanessa Joy, who wanted to run for a state House seat, said she was unaware of a statute that said candidates must disclose previous names on nominating petitions.A transgender woman was disqualified from a race for the Ohio House of Representatives after she did not include her previous name in election materials, raising the prospect that transgender candidates would face similar barriers elsewhere.Vanessa Joy, a real estate photographer running as a Democrat in Ohio’s 50th District, was informed in a letter from the Stark County Board of Elections on Tuesday that she had been disqualified from the state House race.The board cited a state law that requires a person running for office to list on the candidacy petition any name changes within five years of an election, and it gave Ms. Joy until Friday afternoon to appeal.Ms. Joy, who hopes to be among the first openly transgender elected officials in Ohio, said in an interview that she had appealed the board’s decision and planned to challenge the law in court.“Had I known this law existed, I likely would have bit the bullet and put my deadname next to my legal name,” she said, using a term for a transgender person’s birth name.“I would have done it because I care enough to get on the ballot, but this will be a huge barrier to entry for transgender people,” she said, adding that many transgender people have their birth names sealed out of concern for their safety.Ms. Joy noted in her appeal letter that Ohio’s candidate guide made no mention of the law and that the county elections board had not raised any concerns when she submitted the dozens of signatures required to secure a place on the ballot.She also argued that the law had been “applied unevenly.” At least two other transgender legislative candidates will appear on ballots in Ohio this year despite not having included prior names in their election paperwork, according to the L.G.B.T.Q.+ Victory Fund, a national organization that supports L.G.B.T.Q. candidates. The organization said it was not clear if those candidates changed their names within the last five years.Ms. Joy, 42, grew up in a conservative Christian household. She came out as transgender two years ago after the death of her father, who she said would have disapproved of her decision to transition. She also left her job running the family’s manufacturing company to work as a photographer.She said she chose to publicize her transition on social media and in a podcast as Republicans have advanced a wave of measures nationwide restricting medical care for transgender people, regulating which public bathrooms they can use and dictating which youth sports teams they can play on.“The Republicans have an absolute stranglehold supermajority in Ohio, and I want to give other people my age the courage to get out and run or vote,” she said. “If they can see a trans girl in red Ohio running for office, maybe they’ll be like, Well, I can do it, too.”Rick Hasen, a law professor at the University of California, Los Angeles, who focuses on voting rights, said the Ohio statute had a practical purpose.“The reason you’d want to know prior names of a candidate is if they have something in their past they were trying to hide, like a criminal history or some embarrassing incidents,” he said. “Voters want to be able to judge backgrounds.”However, in the history of voting rights in the United States, many laws that appeared neutral had the consequence of being exclusionary, said Atiba Ellis, a law professor at Case Western Reserve University in Cleveland.“In the anti-transgender political environment in Ohio, this disqualification raises that specter of concern that this becomes a new mechanism of exclusion,” he said.Melanie Amato, a spokeswoman for the Ohio secretary of state, said the office was aware of the disqualification.“The law applies to everyone and there is no discussion to have this law amended at this time,” Ms. Amato said in an email.A record number of transgender candidates sought and won office last year, according to Sean Meloy, the vice president of political programs for L.G.B.T.Q.+ Victory Fund, and he expects that trend to continue in 2024.Mr. Meloy said there was no accounting of how many states had laws like Ohio’s that could pose a barrier for such candidates.In 2017, there were no known openly transgender legislators in the United States, according to an LGBTQ+ Victory Fund database. This year, at least 14 transgender people are serving in state legislatures. More

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      Ramaswamy Repeats Call for Ballots to Be English Only

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      Vivek Ramaswamy, the Republican tech entrepreneur running a long-shot campaign for president, doubled down Friday on his pledge to tighten voting laws if he is elected.In his remarks in Ames, Iowa, he reiterated his promise to make English the only language on ballots. The language minority provisions of the Voting Rights Act prohibit such English-only ballots in many cases. His promise, which he has highlighted frequently in recent months, is one of many voting reforms that have become popular among Republican voters that he has seized on.“One thing I will work with Congress to deliver is a minimal federal standard for our federal elections,” he told voters at the Friday event. That standard would include “single-day voting on Election Day, as a national holiday with paper ballots, government-issued voter ID to match the voter file, and yes, English as the sole language that appears on a ballot.”Mr. Ramaswamy, who is polling far behind his Republican rivals in Iowa at fourth place, has long called for extraordinary rollbacks to voting rights in other ways as well. Early on in his campaign, he generated attention by calling for Americans under 25 to be barred from voting, unless they pass the civics test required of immigrants seeking citizenship or unless they serve in the U.S. military or as a first responder.He said over the summer that had he been in former Vice President Mike Pence’s position on Jan. 6, 2021, he would not have certified Joseph R. Biden Jr.’s victory until Congress agreed to pass huge changes to the electoral system.“In my capacity as president of the Senate, I would have led through that level of reform, then on that condition certified the election results,” he told NBC News in August.Mr. Ramaswamy, the son of Indian immigrants, has also called for English to be made the national language in the country.Leah McBride Mensching More

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      Conservative Group Wins Legal Victory Over 2020 Voting Challenges in Georgia

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      The group, True the Vote, had been accused by the liberal organization Fair Fight of violating the Voting Rights Act by intimidating voters. A judge rejected the claims.A federal judge ruled on Tuesday that a conservative group’s efforts to challenge the eligibility of hundreds of thousands of voters in the Senate runoff elections in Georgia in early 2021 did not violate the Voting Rights Act under a clause outlawing voter suppression.In a 145-page opinion, the judge, Steve C. Jones of the United States District Court for the Northern District of Georgia, wrote that the court “maintains its prior concerns” regarding how the group, True the Vote, sought to challenge voters’ eligibility. But he said that Fair Fight, the liberal voting rights group that brought the lawsuit against True the Vote, had failed to show that the efforts were illegal.The decision was relatively narrow, applying only to Judge Jones’s district in northern Georgia, and will do little to change the status quo: Right-wing election groups have already tried to help bring thousands of challenges to voter registrations in states across the country.But the opinion is likely to encourage conservative activists hunting for voter fraud during the 2024 presidential election. Election officials and voting rights groups have expressed worries about these efforts, warning that an expanded campaign to challenge voters en masse could intimidate people away from the ballot box. True the Vote and similar groups, taking a cue from former President Donald J. Trump, have often spread false theories about election fraud.“Any of these decisions that allows these kinds of mass challenges to go forward embolden that movement,” said Sophia Lin Lakin, the director of the Voting Rights Project at the A.C.L.U.In his opinion, Judge Jones wrote that evidence from Fair Fight and individual voters in the trial did not amount to intimidation under an important section of the Voting Rights Act known as Section 11(b), which outlaws any attempt to “intimidate, threaten, or coerce, or attempt to intimidate” any voter or act of voting.“While the court believes that actions increasing the difficulty to vote if paired with other conduct might give rise to a Section 11(b) violation in some circumstances, increased difficulty alone does not constitute voter intimidation,” Judge Jones wrote.Voting rights experts said the ruling could raise the bar of what constitutes voter intimidation under the Voting Rights Act, and said it was yet another court decision that chipped away at the protections in the landmark law.“He took a very narrow view of what constitutes intimidation,” Ms. Lakin said. “But raising the bar of what you need to show altogether will make demonstrating voter intimidation claims more difficult, at least in the Northern District of Georgia.”In a footnote in the decision, Judge Jones, who was appointed to his post by President Barack Obama, was careful not to give a blessing to tactics like True the Vote’s.“In making this conclusion, the court, in no way, is condoning TTV’s actions in facilitating a mass number of seemingly frivolous challenges,” he wrote. He added: “TTV’s list utterly lacked reliability. Indeed, it verges on recklessness.”Fair Fight sued True the Vote three years ago, after the conservative group organized challenges in December 2020 questioning the eligibility of more than 250,000 registered Georgia voters. To spur right-wing activists to help challenge voters, True the Vote created a $1 million reward fund and offered bounties for evidence of “election malfeasance.”Fair Fight argued in its lawsuit that finding actual fraud or ineligible voters was only a secondary concern for True the Vote, and that the real intention was to frighten Democratic-leaning voters from turning out in what were expected to be razor-thin runoff elections that would determine control of the United States Senate.Catherine Engelbrecht, the president of True the Vote, celebrated the ruling as “an answer to the prayers of faithful patriots across America.”“Today’s ruling sends a clear message to those who would attempt to control the course of our nation through lawfare and intimidation,” Ms. Engelbrecht wrote in a statement. “American citizens will not be silenced.”Fair Fight, in a lengthy statement, said that federal courts were not adequately protecting Americans from ramped-up attacks on voting rights.“While there is much to make of the court’s 145-page opinion, Fair Fight is disappointed that Georgians and voters nationwide must continue to wait for our federal courts to impose accountability in the face of widespread and mounting voter intimidation efforts,” Cianti Stewart-Reid, the executive director of Fair Fight, said in the statement.It was unclear whether the group planned to appeal the decision. More

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      Primaries, Polls and Party Shares: It’s Time for the Mailbag.

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      Readers have questions, including on switching over to another side’s primary, and a quick comment on Swift.A sign that voting is near.Geoff Stellfox/The Gazette, via Associated PressI hope everyone is enjoying the holiday season. We haven’t received many questions about the Republican primary recently, even though the Iowa Caucus is less than three weeks away. But we have gotten a few, and many on other topics, so let’s dive into the mailbox one last time in 2023.Switching parties for a primary?What if some of us former Republicans, now independents or Democrats thanks to Trump, registered as Republicans in order to vote for Nikki Haley in the primary? As a New Jersey voter, it wouldn’t really matter here, because the primaries are usually decided before they get to us. I would much rather see her on the ballot than Trump. Would a push like that do anything? — Nancy DriesMs. Haley trails by 50 points in the national polls, so realistically it’s going to take a lot more than moderate Democrats switching for the race to become competitive.But that doesn’t mean that Democrats and independents won’t play a role. Unlike New Jersey, many states have open primaries where Democrats will be able to vote in the Republican primary without changing their registration at all. It wouldn’t surprise me if Ms. Haley fares especially well in states like those, including South Carolina. She’ll also probably fare well in states where independent voters can participate, like New Hampshire.What about a one-on-one race?When I look at a recent poll of Iowa voters, I see that Trump is at 44 percent with DeSantis and Haley tied at 17 percent. Trump is clearly leading, but there are a lot of voters who are aligning themselves with DeSantis, Haley, Ramaswamy and Christie. And a small number of voters who are undecided.If the Republican field were to narrow down to one candidate who runs against Trump, where do the supporters of those other candidates go? — Steven BrownWhen we surveyed Iowa back in July, we found Donald J. Trump leading Ron DeSantis by 16 points, 55 percent to 39 percent, in a hypothetical one-on-one matchup. Mr. DeSantis won just 51 percent of the voters who didn’t back him or Mr. Trump, and I’d guess the tally is worse for him today, given the trend in the polls since then. I’d also guess it’s worse for Ms. Haley, who would need to win over relatively conservative DeSantis voters.Wrong tack for “wrong track”I’m frustrated with “right track-wrong track” polling — well, maybe more specifically, media coverage of it. It always seems to be presented as poor numbers reflecting badly on the president. But if I’m asked that question, I will say “wrong track” but because of the G.O.P. threat to democracy. Any way to fix that? — Jack CowanTo be honest, Jack, I’ve never been a big fan of the question and we don’t always ask it. That said, I do think it has its place: It’s useful to have a longstanding rough proxy for the national mood, even if it doesn’t yield any insight into the “why.” For that, we have other questions.What are they conserving?The term “conservatives” used to have a specific political meaning. But today what are they conserving? I believe the media needs to adopt more accurate terms to call them, such as right wing populists, or right wing ideologues, or right wing radicals. What they are practicing is no longer true conservatism. Am I wrong? Thank you. — Don NationsI don’t think I agree that “conservative” has always had a consistent, specific and clear political meaning. “Liberal” and “progressive” haven’t had consistent, specific and clear political meanings either.And at least to my mind, today’s conservatives are still true to the most basic definition: a political ideology aimed at conserving a traditional way of life — customs, culture, ideas, institutions, hierarchies, values, beliefs and more.Clearly, some conservatives today see tension between preserving certain traditional institutions — like a democratic republic, which risks empowering those opposed to conservatives — and other conservative aims. But this is not exactly unprecedented in the conservative tradition: Beyond “radical” or “populist” that you offered, terms like reactionary or counterrevolutionary have also been used to describe conservatives who aren’t so conservative in defense of some long-established values.But are they enthusiastic about Trump?Do the polls reflect an increasing popularity for Trump among the young, Black or Hispanic voter sets?I hear a great deal about disaffection toward Biden. But does that mean they are happy or enthusiastic about Trump? — Bryan WatsonIt does not mean they’re happy or enthusiastic about Mr. Trump. In fact, most of the voters who backed President Biden in 2020, but have backed Mr. Trump in recent New York Times/Siena College polling, do not have a favorable view of Mr. Trump at all. They’re also far less likely to say they’ll actually vote, or to have a record of doing so in the past.Who else is out there?Are there any polls that show a Democrat who could beat Trump? Gavin Newsom? — Michele SayreWell, “could” is a pretty loose term! President Biden could beat Mr. Trump, you know. There’s even a perfectly reasonable case he’s still the favorite, despite trailing in polling today.But the polls don’t show any other Democrats beating Mr. Trump, at least outside of their home states. In fairness to them, they’re not especially well known — and, relatively speaking, neither is Mr. Newsom.Hello? Cellphones?If this poll is using the tired old method of calling landline phone numbers, forget it.Especially for young, Black and Hispanic voters, if the pollsters are not using cellphone contacts, they aren’t reaching those voters. None of them has a landline anymore!And, in fact, in my age group (over 65), half or more of the ones I know no longer have a landline. — Robin C. KennedyThe Times/Siena poll is not using the tired old method of calling landline phone numbers. At this point, more than 90 percent of our respondents are reached on their cellphones, and more than 99 percent of our young respondents are reached by cellphone.Taylor Swift effect?I know very little about this person except she’s exceedingly popular with young people and encourages them to vote, apparently Democratic. Could this affect the elections in ’24? If so, is there such a precedent? — Jerry FrankelMy first instinct was to say, “No, of course not,” but …I did not expect her Eras Tour to be the tour of the century, so I’m not sure I’m the best judge of the power of her appeal — which has clearly proven to be extraordinary. I’m not sure her 40-16 favorability rating in a recent NBC/WSJ poll quite does justice her appeal, either.So I asked someone in my household who is far more knowledgeable on the matter whether Ms. Swift could be important in the election and she said: “I think she could. I think she has a ton of power.”Now, even if she does make a difference, it would only be at the margin (right?). But if she did make a marginal difference, it wouldn’t be entirely without precedent. If you have a long memory, you might remember that Oprah Winfrey’s endorsement really might have decided the 2008 Democratic primary in Barack Obama’s favor, though I don’t think a T-Swift endorsement of Mr. Biden would be nearly as symbolic or surprising, given her previous support for Democratic candidates.What are the shares by party?What’s the latest data on the breakdown of Republicans, independents and Democrats? Thanks. — Liz GeorgesIn our last poll, Democrats, Republicans and independents each represented 30 percent of the electorate. I can’t remember getting a clean, 30-30-30 break before (7 percent weren’t sure and 3 percent identified with another party). I thought there was something kind of elegant about it. More

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      Casey DeSantis Invited Outsiders to Caucus in Iowa. The State Party Said No.

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      The Iowa Republican Party reminded supporters that only residents can vote in the first-in-the-nation caucuses, which will be held on Jan. 15.Casey DeSantis, the wife of Gov. Ron DeSantis of Florida, drew criticism on Saturday from the rival campaign of former President Donald J. Trump for seeking to recruit out-of-state supporters to participate in the nation’s first Republican nominating contest.The backlash came a day after Ms. DeSantis, during a Fox News appearance with her husband, urged supporters from elsewhere to “descend upon the state of Iowa to be a part of the caucus.”“You do not have to be a resident of Iowa to be able to participate in the caucus,” said Ms. DeSantis, who has been a key player in her husband’s campaign and was specifically addressing mothers and grandmothers who support him.But the call to action is at odds with caucus rules, according to the Republican Party of Iowa, which hours later said that nonresidents were barred from caucusing.“Remember: you must be a legal resident of Iowa and the precinct you live in and bring photo ID with you to participate in the #iacaucus!” the party wrote on the social media platform X.Mr. Trump’s campaign on Saturday accused the DeSantis campaign of spreading misinformation about the caucuses, which will be held on Jan. 15. It suggested that the move was part of a broader scheme to change the outcome in the state, where polls show that Mr. Trump, the Republican front-runner, has a significant lead.“The Trump campaign strongly condemns their dirty and illegal tactics and implores all Trump supporters to be aware of the DeSantises’ openly stated plot to rig the caucus through fraud,” the campaign said in a statement.In an email on Saturday, Andrew Romeo, a spokesman for the DeSantis campaign, drew attention to comments made later on Friday by Ms. DeSantis on X, attempting to clarify her earlier remarks.“While voting in the Iowa caucus is limited to registered voters in Iowa, there is a way for others to participate,” Ms. DeSantis wrote.Mr. DeSantis also addressed the controversy while speaking to reporters on Friday in Iowa.“While voting in the Iowa caucus is limited to registered voters in Iowa, there is a way for others to participate,” he said. “They even let people go and speak on behalf of candidates, and they have all these precincts, so you may have people who really can speak strongly about our leadership that are going to come.”The Trump campaign continued to seize upon Ms. DeSantis’s remarks on Saturday, calling on Gov. Kim Reynolds of Iowa, who has endorsed Mr. DeSantis and snubbed Mr. Trump, to clarify the caucus eligibility rules. It also demanded that Ms. Reynolds disavow the tactics promoted by Ms. DeSantis as “flagrantly wrong that could further disenfranchise caucusgoers.”A spokesman for Ms. Reynolds did not immediately respond to a request for comment on Saturday.Kellen Browning More

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      Georgia County Signs Up to Use Voter Database Backed by Election Deniers

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      The decision ignores warnings from voting rights groups and some election experts.A suburban county in Georgia agreed on Friday to use a new voter information database endorsed by the election denial movement, a move that defied warnings from voting rights groups, election security experts and state election officials.Columbia County, a heavily Republican county outside Augusta, is the first in the country known to have agreed to use the platform, called EagleAI. Its supporters claim the system will make it easier to purge the rolls of ineligible voters.Among the leading backers for this new system is Cleta Mitchell, a central figure in former President Donald J. Trump’s efforts to subvert the 2020 election and the leader of the Election Integrity Network, a national coalition of activists built around the false idea that the 2020 election was stolen.Ms. Mitchell and others have billed EagleAI as an alternative to the Election Registration Information Center, a widely used interstate system that made it easier for officials to track address changes and deaths as they maintain the voter rolls. That system, known as ERIC, has become the subject of conspiracy theories and misinformation that prompted nine states to withdraw with few backup plans.Ms. Mitchell declined to answer questions about the county’s decision.At an election board meeting Friday, around 40 people packed a room, with all speakers favoring the new system, according to Larry Wiggins, a Democratic member of the board who said he voted in favor.Mr. Wiggins said he was hopeful the tool would help the county handle an expected influx of voter eligibility challenges next year. A 2021 law made it easier for individuals to challenge large numbers of other voters’ registrations at once. Those challenges have often come from the same community of Republican activists now helping to push the EagleAI software.EagleAI was developed by a retired doctor in Columbia County, John Richards Jr., who did not response to a request for comment.Georgia state officials, who reviewed the EagleAI presentations, have found them riddled with errors and said the tools were unnecessary, according to documents provided by the groups American Oversight and Documented.In May, William S. Duffey Jr., the chairman of the State Election Board in Georgia, sent a letter to the county board of elections warning that EagleAI’s software might violate state privacy laws and state election statutes.The county responded in November that it would not allow access to private voter information and that the use of the tools would be limited.In a statement, the Georgia secretary of state’s office noted that the state still belonged to the Election Registration Information Center and that counties needed to follow state laws.Election experts have labeled the new system unnecessary and flawed.“EagleAI cannot be trusted to provide reliable information regarding who on the voter rolls is not eligible to remain there,” wrote seven voting rights and election organizations in a letter to Columbia County commissioners. It continued: “It will point you towards false positives and waste your staff’s time.”But Mr. Wiggins said the board wasn’t convinced. “We don’t put much faith in letters from outside groups,” Mr. Wiggins said. “We pay more attention to local individuals.” More

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      Is Trump Disqualified From Holding Office? The Question Matters, Beyond Him.

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      State courts in Colorado, Michigan, Minnesota and elsewhere have so far declined to rule in favor of challenges asserting that Donald Trump should be disqualified from holding the presidency again under Section 3 of the 14th Amendment. (Cases in Michigan and Colorado have been appealed.)Challengers assert that Mr. Trump is barred because, as stated in Section 3, he was an officer of the United States who, after taking an oath to support the Constitution, “engaged in insurrection or rebellion against” the country, or gave “aid or comfort to the enemies thereof,” before and during the Jan. 6, 2021, attack on the Capitol.Mr. Trump and his campaign have called this claim an “absurd conspiracy theory” and efforts to bar him “election interference.” Some election officials and legal scholars — many of them otherwise opposed to the former president — have also been critical of the efforts.The Georgia secretary of state, Brad Raffensperger, writes that invoking Section 3 “is merely the newest way of attempting to short-circuit the ballot box.” Michael McConnell, a former judge and professor at Stanford Law School, claims that keeping Mr. Trump off the ballot on grounds that are “debatable at best is not something that will be regarded as legitimate.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.We are confirming your access to this article, this will take just a moment. However, if you are using Reader mode please log in, subscribe, or exit Reader mode since we are unable to verify access in that state.Confirming article access.If you are a subscriber, please  More