Voting Rights, Registration and Requirements

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      G.O.P. States Abandon Group That Helps Fight Voter Fraud

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      Five red states have severed ties since last year with the Electronic Registration Information Center, a nonprofit that helps maintain accurate voter rolls.First to leave was Louisiana, followed by Alabama.Then, in one fell swoop, Florida, Missouri and West Virginia announced on Monday that they would drop out of a bipartisan network of about 30 states that helps maintain accurate voter rolls, one that has faced intensifying attacks from election deniers and right-wing media.Ohio may not be far behind, according to a letter sent to the group Monday from the state’s chief election official, Frank LaRose. Mr. LaRose and his counterparts in the five states that left the group are all Republicans.For more than a year, the Electronic Registration Information Center, a nonprofit organization known as ERIC, has been hit with false claims from allies of former President Donald J. Trump who say it is a voter registration vehicle for Democrats that received money from George Soros, the liberal billionaire and philanthropist, when it was created in 2012.Mr. Trump even chimed in on Monday, urging all Republican governors to sever ties with the group, baselessly claiming in a Truth Social media post that it “pumps the rolls” for Democrats.The Republicans who announced their states were leaving the group cited complaints about governance issues, chiefly that it mails newly eligible voters who have not registered ahead of federal elections. They also accused the group of opening itself up to a partisan influence.In an interview on Tuesday, Jay Ashcroft, a Republican who is Missouri’s secretary of state, said that the group had balked at his state’s calls for reforms, some of which were expected to be weighed by the group’s board of directors at a meeting on March 17. He denied that the decision to pull out was fueled by what the organization and its defenders have described as a right-wing smear campaign.“It’s not like I was antagonistic toward cleaning our voter rolls,” Mr. Ashcroft said.Shane Hamlin, the group’s executive director, did not comment about particular complaints of the states in an email on Tuesday, but referred to an open letter that he wrote on March 2 saying that the organization had been the subject of substantial misinformation regarding the nature of its work and who has access to voter lists.Wes Allen, Alabama’s secretary of state, withdrew the state from the Electronic Registration Information Center in January, a day after he was sworn in.Butch Dill/Associated PressDefenders of the group lamented the departures, saying they would weaken the group’s information-sharing efforts and undermine it financially because of lost dues. And, they said, the defections conflict with the election integrity mantra that has motivated Republicans since Mr. Trump’s defeat in 2020.Republicans haven’t always been so sour about the work of the coalition, which Louisiana left in 2022.It was just last year that Gov. Ron DeSantis of Florida mentioned the group’s benefit to his state, which he described as useful for checking voter rolls during a news conference announcing the highly contentious arrests of about 20 people on voter fraud charges. He was joined then by Cord Byrd, Florida’s secretary of state, a fellow Republican who, on Monday, was expressing a much different opinion. In an announcement that Florida was leaving the group, Mr. Byrd said that the state’s concerns about data security and “partisan tendencies” had not been addressed.“Therefore, we have lost confidence in ERIC,” Mr. Byrd said.Representatives for Mr. DeSantis, who is considering a Republican run for president, did not respond to a request for comment.Mr. LaRose, in Ohio, also had a stark shift in tone: After recently describing the group to reporters as imperfect but still “one of the best fraud-fighting tools that we have,” by Monday he was also calling for reforms and put the group on notice.“Anything short of the reforms mentioned above will result in action up to and including our withdrawal from membership,” Mr. LaRose wrote. “I implore you to do the right thing.”The complaints about partisanship seem centered on David Becker, a former Justice Department lawyer who helped develop the group and is a nonvoting board member. Mr. Ashcroft said he didn’t think that Mr. Becker, a former director of the elections program at the Pew Charitable Trusts who has vocally debunked election fraud claims, including disputing Mr. Trump’s false claims that the 2020 election was stolen, should be on the board.Mr. Becker is the founder and director of the Center for Election Innovation and Research, another nonpartisan group that has been attacked by election deniers.“There’s truth and there’s lies,” Mr. Becker said on a video call with reporters on Tuesday. “I will continue to stand for the truth.”Mr. Hamlin vowed that the organization would “continue our work on behalf of our remaining member states in improving the accuracy of America’s voter rolls and increasing access to voter registration for all eligible citizens.”While some Republican states are ending their relationship with the group, California, the nation’s most populous state, could potentially join its ranks under a bill proposed by a Democratic state lawmaker. But in Texas, a Republican lawmaker has introduced a bill with the opposite intention.Still, Sam Taylor, a spokesman for Texas’s Republican secretary of state, said in an email on Tuesday that “We are not currently aware of any system comparable to ERIC, but are open to learning about other potentially viable, cost-effective alternatives.”New York, another heavily populated state, is also not a member of the group.Seven states started the organization more than a decade ago. It charges new members a one-time fee of $25,000 and annual dues that are partly based on the citizen voting age population in each state. The Pew Charitable Trusts provided seed funding to the group, but that money was separate from donations that it had received from Mr. Soros, according to the website PolitiFact.Shenna Bellows, a Democrat who is Maine’s secretary of state, said in an interview on Tuesday that the group had been particularly helpful in identifying voters who have died or may no longer live in the state, which became a member in 2021.“We have a lot of Mainers who retire to Florida for example,” Ms. Bellows said.Ms. Bellows called the recent defections “tragic” and said that her office had received several inquiries from residents who had read criticism of the group online.“Unfortunately, this move by our colleagues in Florida and elsewhere to leave ERIC in part because of misinformation being spread by election deniers deprives all of us of the ability to effectively clean our voter rolls and fight voter fraud,” she said. More

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      Sweep in 3 Special Elections Gives Democrats Control of Pennsylvania House

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      Three Democratic victories flipped the House for the first time in a dozen years by a single seat in the battleground state.Democrats swept three special elections in solidly blue House districts in western Pennsylvania on Tuesday, according to The Associated Press, putting the party in the majority by a single seat and breaking a Republican legislative monopoly that has recently focused on election restrictions and anti-abortion bills.All three races were in Allegheny County, which includes Pittsburgh and is the state’s No. 2 county by population, after Philadelphia.Control of the Pennsylvania House had been shrouded by uncertainty since the midterms in November, grinding legislative business to a halt while the parties clashed over ground rules and the timing of the special elections.Democrats had appeared to flip the chamber in the fall for the first time in a dozen years, but one lawmaker’s death and the election of two others to higher offices delayed the final outcome.The party’s majority — 102 seats to 101 seats — brings clarity to the last unresolved legislative races in a fiercely contested state.The Spread of Misinformation and FalsehoodsDeepfake Rules: In most of the world, the authorities can’t do much about deepfakes, as few laws exist to regulate the technology. China hopes to be the exception.Lessons for a New Generation: Finland is testing new ways to teach students about propaganda. Here’s what other countries can learn from its success.Covid Myths: Experts say the spread of coronavirus misinformation — particularly on far-right platforms like Gab — is likely to be a lasting legacy of the pandemic. And there are no easy solutionsA ‘War for Talent’: Seeing misinformation as a possibly expensive liability, several companies are angling to hire former Twitter employees with the expertise to keep it in check. In the 32nd District, Joe McAndrew, a former executive director of the Allegheny County Democratic Committee, defeated Clayton Walker, a Republican pastor. The seat had been held by Tony DeLuca, a Democrat who was the longest-serving member of the Pennsylvania House before his death in October from lymphoma. Still, Mr. DeLuca was overwhelmingly re-elected in the heavily Democratic district.In the 34th District, Abigail Salisbury, a Democratic lawyer, prevailed against Robert Pagane, a Republican security guard and former police officer. Ms. Salisbury will fill the seat of Summer Lee, a Democrat who in November became the first Black woman elected to Congress from Pennsylvania. Last year, Ms. Salisbury had previously lost to Ms. Lee in a Democratic primary for the legislature..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.In the 35th District, Matt Gergely, a Democrat who is the chief revenue officer of McKeesport, Pa., defeated Don Nevills, a Republican who operates a tattoo shop and ran unsuccessfully for the seat in November. Austin Davis, a Democrat who previously represented the district, was elected as lieutenant governor in the fall.The power shift dealt another blow to Republicans coming off the midterms, when the party failed to meet heightened expectations in Pennsylvania and nationally that were generated by economic turmoil and President Biden’s lackluster job approval ratings.In November, Pennsylvania voters consistently rejected Republicans in marquee races featuring candidates endorsed by former President Donald J. Trump, who espoused false claims about fraud in the 2020 election.Democrats flipped a U.S. Senate seat and held onto the governor’s office when Josh Shapiro, who was previously Pennsylvania’s attorney general, defeated Doug Mastriano, a Republican state senator and an election denier, in an open-seat race.After losing control of the House, Republicans will be unable to override a veto by the governor.In a potential end-run around the governor, G.O.P. lawmakers have resorted to trying to amend the state Constitution in order to pass a voter ID bill. The complex amendment process, which ultimately requires putting the question to voters, is the subject of pending litigation.But both chambers of the General Assembly need to pass the bill this session in order to place it on the ballot.First-time voters and those applying for absentee ballots are currently required to present identification in Pennsylvania, but Republicans want to expand the requirement to all voters in every election and have proposed issuing voter ID cards. Critics say the proposal would make it harder to vote and could be a privacy risk.Mr. Shapiro has not ruled out compromising with Republicans on some voting rules, but has said that he would not support any proposal that hinders voting.Republicans, now likely to be thwarted legislatively, have also sought to use the constitutional amendment process to place new restrictions on abortion in Pennsylvania. More

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      Voter Fraud Unit in Arizona Will Shift Focus to Voter Rights

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      Kris Mayes, the state’s new Democratic attorney general, is shifting gears on election issues in an office her Republican predecessor created.Arizona’s new Democratic attorney general, Kris Mayes, is redirecting an election integrity unit her Republican predecessor created, focusing its work instead on addressing voter suppression. The shift by Ms. Mayes is one of her first acts since she took office this month.The unit’s former leader, Jennifer Wright, meanwhile, has joined a legal effort to invalidate Ms. Mayes’s narrow victory in the November election.“Under my predecessor’s administration, the election integrity unit searched widely for voter fraud and found scant evidence of it occurring in Arizona,” Ms. Mayes said in a statement provided by her office on Monday. “That’s because instances of voter fraud are exceedingly rare.”The former attorney general, Mark Brnovich, a Republican who ran unsuccessfully for the U.S. Senate last year, created the office to investigate voter fraud complaints in Arizona, a battleground state.Ms. Mayes said in the statement that she did not share the priorities of Mr. Brnovich, whom she described as being preoccupied with voter fraud despite isolated cases. The office has five pending voter fraud investigations, as of late October, and a spokesman for Ms. Mayes said on Monday that there was no plan yet for how to proceed with them.Politics Across the United StatesFrom the halls of government to the campaign trail, here’s a look at the political landscape in America.2023 Races: Governors’ contests in Kentucky, Louisiana and Mississippi and mayoral elections in Chicago and Philadelphia are among the races to watch this year.Voting Laws: The tug of war over voting rights is playing out with fresh urgency at the state level, as Republicans and Democrats seek to pass new laws before the next presidential election.2024 Presidential Race: As the 2024 primary approaches, the wavering support of evangelical leaders for Donald J. Trump could have far-reaching implications for Republicans.Democrats’ New Power: After winning trifectas in four state governments in the midterms, Democrats have a level of control in statehouses not seen since 2009.Mr. Brnovich did not immediately respond to a request for comment.Republicans in Arizona have amplified conspiracy theories and fraud claims since the 2020 election and the midterms last year, when the attorney general’s race ended with a recount that was decided by 280 votes.Ms. Mayes said that protecting voting access and limiting voter suppression would be at the forefront of her administration.“I will also use this unit to protect elections officials, election volunteers and poll workers against threats of violence and against interference in our elections,” she said. In addition, the unit will seek to defend vote-by-mail rules, which she said “90 percent of Arizonans enjoy and in many cases depend on.”Ms. Wright, a former assistant attorney general who had led the election integrity unit for Mr. Brnovich, announced last week that she had begun a new role as a lawyer for Abraham Hamadeh, the Republican who lost to Ms. Mayes and is planning to continue his legal efforts to try to overturn the election.Ms. Wright referred questions on Monday about her new role to the campaign of Mr. Hamadeh, who was part of a group of prominent election deniers seeking statewide office in Arizona during the midterms.In December, his legal efforts to overturn his election loss were dismissed in court and a recount confirmed his defeat. The outcome dealt another blow to Arizona Republicans who entered the midterms with heightened expectations for victory, seizing on high inflation and President Biden’s flagging job approval numbers. Instead, Democrats won most of the marquee statewide offices.Election deniers pointed to technical glitches on Election Day, which disrupted some ballot counting in Arizona’s most populous county, Maricopa, to fuel conspiracy theories and baseless claims. They also tried to seize on the undercounting of 500 ballots in Pinal County, outside Phoenix, which officials attributed to human error and which has been the basis of Mr. Hamadeh’s latest efforts to overturn the election.“Not only do I believe Abe is right, but I also believe that he will be successful in his election contest, and that is why I have joined this fight,” Ms. Wright said in a statement provided by Mr. Hamadeh’s campaign. “I look forward to getting Kris Mayes out of the office she should have never occupied in the first place.”In Arizona, a cauldron of election denialism, Mr. Brnovich represented somewhat of an enigma, defending the state’s vote count after the 2020 presidential election. His stance drew the ire of former President Donald J. Trump, who sharply criticized Mr. Brnovich last June and endorsed Mr. Brnovich’s Republican opponent, Blake Masters, who won the Senate primary but lost in the general election.But Mr. Brnovich has also suggested that the 2020 election revealed “serious vulnerabilities” in the electoral system and said cryptically on the former Trump aide Stephen K. Bannon’s podcast last spring, “I think we all know what happened in 2020.” More

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      States Push for New Voting Laws With an Eye Toward 2024

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      Republicans are focused on voter ID rules and making it harder to cast mail ballots, while Democrats are seeking to expand access through automatic voter registration.The tug of war over voting rights and rules is playing out with fresh urgency at the state level, as Republicans and Democrats fight to get new laws on the books before the 2024 presidential election.Republicans have pushed to tighten voting laws with renewed vigor since former President Donald J. Trump made baseless claims of fraud after losing the 2020 election, while Democrats coming off midterm successes are trying to channel their momentum to expand voting access and thwart efforts to undermine elections.States like Florida, Texas and Georgia, where Republicans control the levers of state government, have already passed sweeping voting restrictions that include criminal oversight initiatives, limits on drop boxes, new identification requirements and more.While President Biden and Democrats in Congress were unable to pass federal legislation last year that would protect voting access and restore elements of the landmark Voting Rights Act stripped away by the Supreme Court in 2013, not all reform efforts have floundered.In December, Congress updated the Electoral Count Act, closing a loophole that Mr. Trump’s supporters had sought to exploit to try to get Vice President Mike Pence to overturn the 2020 election results on the day of the Jan. 6, 2021, Capitol riot.Now the focus has returned to the state level. Here are some of the key voting measures in play this year:Ohio Republicans approve new restrictions.Ohioans must now present a driver’s license, passport or other official photo ID to vote in person under a G.O.P. measure that was signed into law on Jan. 6 by Gov. Mike DeWine, a Republican.The law also set tighter deadlines for voters to return mail-in ballots and provide missing information on them. Absentee ballot requests must be received earlier as well.Republicans, who control the Legislature in Ohio, contend that the new rules will bolster election integrity, yet they have acknowledged that the issue has not presented a problem in the state. Overall, voter fraud is exceedingly rare.Several voting rights groups were quick to file a federal lawsuit challenging the changes, which they said would disenfranchise Black people, younger and older voters, as well as those serving in the military and living abroad.Texas G.O.P. targets election crimes and ballot initiatives.Despite enacting sweeping restrictions on voting in 2021 that were condemned by civil rights groups and the Justice Department in several lawsuits, Republican lawmakers in Texas are seeking to push the envelope further.Politics Across the United StatesFrom the halls of government to the campaign trail, here’s a look at the political landscape in America.2023 Races: Governors’ contests in Kentucky, Louisiana and Mississippi and mayoral elections in Chicago and Philadelphia are among the races to watch this year.Democrats’ New Power: After winning trifectas in four state governments in the midterms, Democrats have a level of control in statehouses not seen since 2009.G.O.P. Debates: The Republican National Committee has asked several major TV networks to consider sponsoring debates, an intriguing show of détente toward the mainstream media and an early sign that the party is making plans for a contested 2024 presidential primary.An Important Election: The winner of a seat on the Wisconsin Supreme Court in April will determine who holds a 4-to-3 majority in a critical presidential battleground state.Dozens of bills related to voting rules and election administration were filed for the legislative session that began this month. While many are from Democrats seeking to ease barriers to voting, Republicans control both chambers of the Texas Legislature and the governor’s office. It is not clear which bills will gain the necessary support to become laws.Some G.O.P. proposals focus on election crimes, including one that would authorize the secretary of state to designate an election marshal responsible for investigating potential election violations.“Similar bills have passed in Florida and in Georgia,” said Jasleen Singh, a counsel in the Democracy Program at the Brennan Center for Justice. “We should be concerned about whether this will happen in Texas as well.”Under another bill, a voter could request that the secretary of state review local election orders and language on ballot propositions and reject any that are found to be “misleading, inaccurate or prejudicial,” part of a push by Republicans in several states to make it harder to pass ballot measures after years of progressive victories.One proposal appears to target heavily populated, Democratic-controlled counties, giving the state attorney general the power to appoint a special prosecutor to investigate voter fraud allegations if local officials decline to do so. Another bill goes further, allowing the attorney general to seek an injunction against local prosecutors who don’t investigate claims of voter fraud and pursue civil penalties against them.A 19-year-old registering to vote in Minnesota, where Democrats introduced a bill that would allow applicants who are at least 16 years old to preregister to vote. Tim Gruber for The New York TimesDemocrats in Minnesota and Michigan go on offense.Democrats are seeking to harness their momentum from the midterm elections to expand voting access in Minnesota and Michigan, where they swept the governors’ races and legislative control.In Minnesota, the party introduced legislation in early January that would create an automatic voter registration system and allow applicants who are at least 16 years old to preregister to vote. The measure would also automatically restore the voting rights of convicted felons upon their release from prison and for those who do not receive prison time as part of a sentence.In Michigan, voters approved a constitutional amendment in November that creates a nine-day early voting period and requires the state to fund absentee ballot drop boxes. Top Democrats in the state are also weighing automatic voter registration and have discussed criminalizing election misinformation.Pennsylvania Republicans want to expand a voter ID law.Because of the veto power of the governor, an office the Democrats held in the November election, Republicans in Pennsylvania have resorted to trying to amend the state constitution in order to pass a voter ID bill.The complex amendment process, which ultimately requires putting the question to voters, is the subject of pending litigation.Both chambers of the Legislature need to pass the bill this session in order to place it on the ballot, but Democrats narrowly flipped control of the House in the midterms — and they will seek to bolster their majority with three special elections next month.“If the chips fall in a certain way, it is unlikely that this will move forward and it might quite possibly be dead,” said Susan Gobreski, a board member of the League of Women Voters of Pennsylvania. “But it ain’t dead yet.”Gov. Josh Shapiro has indicated an openness to compromise with Republicans on some voting rules.“I’m certainly willing to have an honest conversation about voter I.D., as long as that is something that is not used as a hindrance to voting,” Mr. Shapiro said in an interview in December.First-time voters and those applying for absentee ballots are currently required to present identification in Pennsylvania, but Republicans want to expand the requirement to all voters in every election and have proposed issuing voter ID cards. Critics say the proposal would make it harder to vote and could compromise privacy.Mr. Shapiro has separately said he hoped that Republicans in the legislature would agree to change the state’s law that forbids the processing of absentee ballots and early votes before Election Day. The ballot procedures, which can drag out the counting, have been a flash point in a series of election lawsuits filed by Republicans.Georgia’s top election official, a Republican, calls to end runoff system.Early voting fell precipitously in Georgia’s nationally watched Senate runoff in December after Republicans, who control of state government, cut in half the number of days for casting ballots before Election Day.Long lines at some early-voting sites, especially in the Atlanta area, during the runoff led to complaints of voter suppression.But the G.O.P. lost the contest, after a set of runoff defeats a year earlier that gave Democrats control of the Senate.Now Brad Raffensperger, a Republican who is Georgia’s secretary of state and its top election official, wants to abandon the runoff system altogether, saying that the condensed timeline had put added strain on poll workers.Critics of ranked-choice voting cited the system as being instrumental to the re-election last year of Senator Lisa Murkowski, a centrist Republican.Ash Adams for The New York TimesRepublicans in Alaska want to undo some voting changes approved in 2020.After a special election last year and the midterms, when Alaska employed a novel election system for the first time, some conservatives reeling from losses at the polls have directed their ire at a common target: ranked-choice voting.At least three Republican lawmakers have introduced bills seeking to repeal some of the electoral changes that were narrowly approved by voters in 2020, which introduced a “top-four” open primary and ranked-choice voting in general elections. In addition to deciding winners based on the candidate who receives the most votes, the bills also seek to return to a closed primary system, in which only registered party members can participate.Supporters of the new system contend that it sets a higher bar to get elected than to simply earn a plurality of votes.But critics have called the format confusing. Some have blamed it for the defeat of Sarah Palin, the Republican former governor and 2008 vice-presidential nominee, in a special House election in August and again in November for the same office.They also cited the system as being instrumental to the re-election last year of Senator Lisa Murkowski, a centrist Republican who angered some members of her party when she voted to convict Mr. Trump at his impeachment trial after the Jan. 6 attack.Still, Republican foes of ranked-choice elections could face hurdles within their own party. According to The Anchorage Daily News, the incoming Senate president, a Republican, favors keeping the system in place.Nebraska Republicans aim to sharply curb mail voting.Nebraska does not require voters to provide a reason to vote early by mail, but two Republican state senators want to make wholesale changes that would mostly require in-person voting on Election Day.Under a bill proposed by Steve Halloran and Steve Erdman, G.O.P. senators in the unicameral legislature, only members of the U.S. military and residents of nursing homes and assisted living facilities could vote by mail.The measure would further require all ballots to be counted on Election Day, which would become a state holiday in Nebraska, along with the day of the statewide primary.The League of Women Voters of Nebraska opposes the bill and noted that 11 of the state’s 93 counties vote entirely by mail under a provision that gives officials in counties with under 10,000 people the option to do so.“This is an extreme bill and would be very unpopular,” MaryLee Mouton, the league’s president, said in an email. “When most states are moving to expand voting by mail, a bill to restrict vote by mail would negatively impact both our rural and urban communities.”In the November election, Nebraskans overwhelmingly approved a ballot initiative that created a statewide photo ID requirement for voting.A Republican bill in Missouri would hunt for election fraud.In Missouri, where Republicans control the governor’s office and Legislature, one G.O.P. bill would create an Office of Election Crimes and Security. The office would report to the secretary of state and would be responsible for reviewing election fraud complaints and conducting investigations.Its investigators would also be authorized to enter poling places or offices of any election authority on Election Day, during absentee voting or the canvass of votes. More

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      Lawyers Who Investigated Trump Start Firm to Combat Threats to Democracy

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      Mark F. Pomerantz, Carey R. Dunne and Michele Roberts, the former head of the N.B.A. players union, will launch a pro bono law firm, the Free and Fair Litigation Group.Last year, Mark F. Pomerantz and Carey R. Dunne were leading the Manhattan district attorney’s investigation into Donald J. Trump’s business practices.Now, they have turned their attention to a broader phenomenon that they say the former president represents: threats to democracy in the United States.Mr. Pomerantz and Mr. Dunne, who resigned last year when the district attorney decided not to seek an indictment of Mr. Trump, said they have formed a pro bono law firm that aims to stem the tide of anti-democratic policies proliferating around the country. The firm — the Free and Fair Litigation Group, which opens its doors this week — is also led by Michele A. Roberts, the former head of the union that represents professional basketball players.All three founders have extensive experience as litigators, and they plan to defend policies they see as just and bring lawsuits challenging those they believe are undemocratic, the three founding partners said in an interview. Their work will initially focus on voting rights, gun control and free speech.“As I see it, we’re now faced with not just one politician, but really with a national movement that’s aimed at rolling back decades of rights and constitutional principles,” Mr. Dunne said.In the two years since Mr. Trump’s false claims that the 2020 election had been stolen helped spark a violent riot at the Capitol, election denial has only grown within the Republican Party. Mr. Trump is once again a leading contender for president, and the House is in the hands of Republicans — many of whom voted against certifying President Biden’s election victory.Against that backdrop of deep political polarization, it remains to be seen how much of the new firm’s ambitious agenda can be accomplished, particularly if its cases reach a Supreme Court that has taken a sharp rightward turn.Michele Roberts, the former executive director of the N.B.A. players union, is an experienced litigator.Gabriella Demczuk for The New York TimesThe three founders will take no salary, and the firm will do all its work for free. They expect to hire a small staff of lawyers — no more than eight employees, including one who recently served as a federal prosecutor — and partner with a number of larger law firms. The firm, a nonprofit, will solicit outside donations from foundations and small donors alike.The new firm differs from larger groups like the American Civil Liberties Union and the Brennan Center for Justice, which conduct lobbying and research in addition to their work in court, because of its singular focus on litigation.The venture was a product of serendipitous timing: three busy lawyers who found themselves with nothing on their dockets in the spring of last year.Ms. Roberts, an experienced litigator, had just retired as executive director of the N.B.A. Players Association. Mr. Pomerantz, a well-known defense lawyer who also served as the criminal division chief at the U.S. attorney’s office in Manhattan, came out of retirement in early 2021 to lead the district attorney’s investigation into Mr. Trump. He resigned in February of last year, as did Mr. Dunne, another prominent litigator who oversaw the Trump investigation and successfully argued before the U.S. Supreme Court twice in the fight over a subpoena for Mr. Trump’s tax returns.Although Mr. Pomerantz and Mr. Dunne had begun to present evidence to a grand jury about the former president’s business practices by early last year, the new district attorney, Alvin L. Bragg, developed concerns about proving the case and decided not to seek to indict Mr. Trump at that time, prompting the resignations. The investigation, which began under the prior district attorney, Cyrus R. Vance Jr., is now continuing under Mr. Bragg, who also recently secured the conviction of Mr. Trump’s company.Carey Dunne won a Supreme Court decision that gave Manhattan prosecutors access to Donald Trump’s tax returns.Jefferson Siegel for The New York TimesWhile the new law firm currently has no plans to take on Mr. Trump directly, its mission was in some sense inspired by his influence over the Republican Party and the Supreme Court, to which he appointed three conservative justices.“Trump is obviously the poster boy for increased authoritarianism,” said Mr. Pomerantz, who has written a book about his time investigating Mr. Trump that Simon & Schuster announced on Wednesday would be published in February. “He personifies the problem, but he’s far from the only manifestation of the problem.”For his part, Mr. Trump has slammed Mr. Pomerantz publicly, calling him a “low-life attorney” who “is a ‘Never Trumper’ and a Hillary Clinton sycophant.”The firm’s first case involves gun control policies under attack in the wake of the Supreme Court’s ruling last year expanding the right to carry firearms outside the home. The firm is defending four Colorado towns, each with bans on carrying assault weapons in public, that were sued by a gun rights group after the court’s decision. The case is scheduled to go to trial this fall.Measures like Florida’s “Stop W.O.K.E.” law, which limits talk of race, gender and nationality in schools and the workplace, are also of interest at the new firm. It has begun examining the possibility of bringing a First Amendment lawsuit focused on similar laws in other states that prohibit diversity training in the workplace.The firm is also developing plans to challenge Florida’s arrest of a number of people with criminal histories who were able to register to vote in the 2020 election even though their past convictions should have barred them from doing so. Although criminal charges against some of those people have been dismissed, the firm is researching the possibility of suing the state for having violated the Voting Rights Act, arguing that the arrests discourage legal voting by people with criminal convictions.“It’s just disgraceful,” Ms. Roberts said, adding that the case had hit home for her as someone who is concerned with voting rights and with “legislative changes to election laws in various states.”To litigate the cases, the firm will turn for support to a roster of prominent law firms and advocacy groups.In the Colorado gun control case, the firm is working with Everytown for Gun Safety, the group founded by the former New York City mayor Michael R. Bloomberg, as well as Davis Polk, Mr. Dunne’s former firm. On the Florida voting rights case, they have met with a group called Protect Democracy, a nonprofit founded by lawyers from the Obama White House, as well as Paul Weiss, where Mr. Pomerantz was a partner for many years.Mark Pomerantz and Mr. Dunne led the Manhattan district attorney’s inquiry into Mr. Trump until they resigned last year.David Karp/Associated PressThe outside firms are providing their resources on a pro bono basis. The new firm’s board of directors will also include a number of boldfaced names from the criminal justice world, including Tali Farhadian Weinstein, a former general counsel at the Brooklyn district attorney’s office who was a Democratic candidate for Manhattan district attorney in 2021.Free and Fair’s executive director will be Danny Frost, a lawyer who served as a senior adviser and spokesman in the district attorney’s office under Mr. Vance, when Mr. Dunne and Mr. Pomerantz were working on the Trump investigation.Thus far, the firm has mostly accepted donations from friends and professional acquaintances but in the coming months will ramp up their fund-raising now that the I.R.S. has certified the firm as a nonprofit.Originally, the principals had expected that getting authorized for tax-exempt status would take half a year. Then they learned that they could make an emergency application to the I.R.S., “but only if what you’re providing is so desperately needed by the country that you can claim emergency treatment status,” Mr. Dunne said.They filed their application in October. Within 14 days, they had received the emergency approval. More

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      After Election Problems in Houston, Republicans Seek to Overturn Results

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      A growing number of contests to elections in Texas’ Harris County are a broad attempt to cast doubt on an Election Day that officials concede had problems.HOUSTON — Jon Rosenthal has seen some close races, but his re-election to the Texas State House in November, in a Houston district redrawn to be a virtual lock for Democrats, was not one of them. Mr. Rosenthal won by 15 points.So it came as a surprise when his Republican challenger in the race contested the results, petitioning the State Legislature to order a new election.Another surprise came late Thursday when the Republican candidate for the top executive position in Harris County, which includes Houston, announced that she, too, would contest her much narrower loss, by about 18,000 votes, to the progressive Democrat who is the county’s incumbent chief executive, Lina Hidalgo. By Friday, more than a dozen losing Republican candidates had filed suits to contest the results of their races.Election Day in Harris County, Texas’ largest county, saw a range of problems at polling places, including some that opened late and others that ran out of paper for printing voted ballots. A court ordered the polls to stay open an extra hour to compensate; then the Texas Supreme Court stepped in and halted the extra voting.Republicans, who have been watching closely for election issues in races around the country, seized on the difficulties in Harris County, which is becoming a Democratic stronghold. Candidates called into question the reliability of the results in a bitter and expensive campaign that failed to dislodge Ms. Hidalgo and a slate of Democratic judges.“It is inexcusable that after two months, the public is no further along in knowing if, and to what extent, votes were suppressed,” said Alexandra del Moral Mealer in explaining her decision to contest her loss to Ms. Hidalgo, adding that her challenge was “fundamentally about protecting the right to vote in free and fair elections.”Candidates called into question the reliability of the results in a bitter campaign that ended with Republicans failing to oust Lina Hidalgo and a slate of Democratic judges. Annie Mulligan for The New York TimesElection contests are not uncommon in Texas, often involving down-ballot races in small counties where the margins are often notably slim. But the challenges in Harris County appeared to be uniquely broad in their attempt to cast doubt on much of the voting process in an election that involved 1.1 million votes. They followed calls from state leaders, including Gov. Greg Abbott, for an investigation into the county’s handling of the election. The local district attorney opened an inquiry in November.The election contests in Harris County have at times resembled the one mounted in Arizona by the Republican candidate for governor, Kari Lake, who has sought to overturn her loss by claiming that election officials in one major county deliberately disenfranchised her voters. A judge dismissed her claims last month for lack of evidence.But the latest contests in Texas have little precedent, said the Harris County attorney, Christian Menefee, a Democrat. “To my knowledge, this is the first election contest filed in Harris County that is wholly focused on these kinds of process failures,” Mr. Menefee said in an interview.The sprawling Texas county has shifted more decisively in the direction of Democrats in the last few election cycles, following in the direction of other major Texas population centers.For a variety of reasons, it has struggled to conduct elections smoothly, drawing repeated scrutiny from Republican lawmakers in the State Capitol. The county’s size has been a challenge, covering an area nearly the size of Delaware with 2.5 million registered voters and more than 700 polling places. It has struggled with newly mandated voting systems and has not had steady leadership at its elections office, with three different administrators since 2020.An audit of the 2020 election, conducted by the secretary of state, highlighted a range of issues, including instances where Harris County did not handle its electronic records properly, though there was no evidence of widespread fraud.Several steps that the county took during the coronavirus pandemic to make it easier to vote in Houston — such as limited 24-hour voting and drive-through polling places — also drew criticism from Republicans, who argued that the changes had made the election less secure. The Republican-dominated State Legislature, in its last session, took steps to curtail many of the measures.Voters waited in line at Damascus Missionary Baptist Church on Election Day in Houston in November.Annie Mulligan for The New York TimesOn Election Day in November, the county experienced problems at a number of polling places, including several that were significantly delayed in opening and others that reported running out of paper ballots.A judge ordered polling places in the county to remain open for an extra hour after the Texas Organizing Project, a nonprofit, filed suit over the issues, claiming that voters were being prevented from casting ballots. The Texas Supreme Court stepped in and stayed the ruling in response to a challenge from the Republican attorney general, Ken Paxton. The court eventually allowed about 2,000 provisional ballots that were cast during the extra voting time to be added to the official count.The county elections administrator, Clifford Tatum, has defended the election process and said the issues that came up reflected small problems in an otherwise well-run election. “Overall, Election Day was a success,” a postelection report from Mr. Tatum’s office concluded.But the report, released last week, also found that the county’s voting system was in “an immediate need of upgrades or replacements” to correct software issues, simplify voting day setup and create a system for the elections administrator to know in the moment whether problems reported at polling places had been resolved.The Harris County Republican Party has focused on a broad range of issues that arose on Election Day, including not only sites that ran out of paper ballots but also others where poll workers incorrectly fed paper ballots into the voting machines.In its report, the election administrator’s office said that officials at 68 voting centers reported running out of the initial allotment of paper on Election Day, and that only 61 of them said they had received deliveries of more paper.But it remained unclear how many voters were turned away because of the paper shortages, in part because, according to the report, some of the election judges “declined to speak after reportedly being advised not to do so by the Harris County Republican Party.”A spokeswoman for the county Republican Party, Genevieve Carter, denied any such instructions. “We encouraged them to provide their firsthand account of any issues that occurred,” she said. “Our goal is to get to the bottom of what went wrong during this election.”The party’s lawyers and leaders have not claimed that they can prove their candidates should have won. Instead, they have argued that the scope of the problems on Election Day were so great — including, they claimed, allowing some voters to cast ballots who were no longer eligible to do so in the county — that the true results in the election cannot be known; they are demanding that new elections be held. (More than two-thirds of the ballots were cast either during early voting or by mail, not on Election Day.)“We have a systematic cancer that has invaded our election process,” said the chair of the county Republican Party, Cindy Siegel.Democrats have not raised public challenges, but have privately complained that the repeated issues in the election process in Houston were not being adequately addressed, giving Republicans fuel for their efforts to pass new restrictive laws and, now, election contests.Jon Rosenthal said he believed the challenge to his election was frivolous, and that allowing it to go forward in the State House could cause future headaches for lawmakers. Kevin Dietsch/Getty ImagesOnly the candidates themselves can initiate the contests, and so far at least 14 have done so, including Ms. Mealer, a first-time candidate who received millions in campaign contributions from top Houston-area donors; Mr. Rosenthal’s challenger, Michael May; a candidate for county district clerk; and nine Republican judicial candidates.One of the earliest challenges came from a judicial candidate, Erin Lunceford, who lost by 2,743 votes, and filed suit late last year. Ms. Lunceford’s suit includes 19 separate claims of issues with the way votes were handled or counted during the November election and asks the court to void the judicial election and “declare that the true outcome of the election cannot be ascertained.” Ms. Lunceford is represented by Andy Taylor, an election lawyer for the county Republican Party.Ryan MacLeod, a lawyer for the Democrat who won the race, Tamika Craft, described the suit in court papers as a “stunt to make headlines” after an election was lost, and said that “no allegations are supported by facts” and that no evidence had been provided.In the latest challenge on Thursday to the outcome of the race for Harris County judge — effectively the county’s chief executive — Ms. Mealer’s lawyers focused primarily on the paper ballot issues, arguing that they had been concentrated in high-turnout Republican areas and that county officials had “suppressed the voting rights” of residents in those places.Ms. Hidalgo’s office referred questions to the county attorney, Mr. Menefee, who described the challenges as “frivolous attempts to overturn the votes of more than a million residents.”Unlike the other challenges, Mr. May’s contest to his loss against Mr. Rosenthal does not go before a judge, because it involved a State House race. Instead, under Texas law, it will be considered by state legislators, who reconvene this month. The House could decide that the challenge is frivolous and reject it quickly, or choose to investigate the allegations by gathering testimony and evidence before deciding whether the result should be voided and a new election held.Mr. May, in his petition, cited the paper ballot issues and argued that eligible voters were turned away and unable to cast ballots. He has not provided evidence and did not respond to a request for comment.Mr. Rosenthal said he believed the challenge was frivolous and that allowing it to go forward could cause future headaches for lawmakers.“If there is life given to this, and there is no consequence for bringing something this frivolous, you’re setting up for election challenges across the state,” he said. “You could have dozens of challenges per cycle.” More

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      Mark Meadows Won’t Face Voting Fraud Charges in North Carolina

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      The state attorney general said there was “not sufficient evidence” to bring charges against Mr. Meadows or his wife, Debra Meadows.Mark Meadows, a former chief of staff in the Trump White House, will not face voter fraud charges after officials determined that he did not fraudulently register to vote and cast a ballot in North Carolina during the 2020 presidential election, the state attorney general said on Friday.The attorney general, Josh Stein, said there was “not sufficient evidence” to bring charges against Mr. Meadows or his wife, Debra Meadows.The State Bureau of Investigation conducted the investigation and found that because Mr. Meadows was “engaged in public service” in Washington, he was qualified for a residency exception, officials said. Under North Carolina law, if a person moves to Washington or other federal territories for government service, then the individual will not lose residency status in the state.The couple also signed a yearlong lease, which was provided by their landlord, for a Scaly Mountain, N.C., residence listed on their voting registration, prosecutors said, and cellphone records showed Mrs. Meadows was in the area in October 2020.Mr. Meadows was a North Carolina member of Congress until March 2020, when he went to work in the White House. Then, six weeks before the 2020 election, the couple registered to vote using the address of a modest, three-bedroom mobile home with a rusted roof in Scaly Mountain.Law enforcement officials in Macon County, a rural community in the mountains of western North Carolina, became aware of questions surrounding Mr. Meadows’s voter registration in early March after The New Yorker revealed that he had registered to vote at a residence where he did not live.The North Carolina Department of Justice then asked the State Bureau of Investigation to investigate if any laws were broken.Before he registered to vote at the Scaly Mountain home, Mr. Meadows had voted in 2018 from a home in Transylvania County, N.C., and in 2016 from Asheville, N.C., according to North Carolina records.“My office has concluded that there is not sufficient evidence to prove guilt beyond a reasonable doubt against either Mr. or Mrs. Meadows, so my office will not prosecute this case,” Mr. Stein said in a statement. “If further information relevant to the allegations of voter fraud comes to light in any subsequent investigation or prosecution by authorities in other jurisdictions, we reserve the right to reopen this matter.”Ben Williamson, a spokesman for Mr. Meadows, declined to comment on Friday.Despite cases of voter fraud being rare, Mr. Meadows has been one of the primary speakers boosting former President Donald J. Trump’s false claims of election fraud both before and after the 2020 election.During an August 2020 interview on CNN, Mr. Meadows warned of fraud in voting by mail and said people are able to register to vote in multiple places at once, leading to fraud. More

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      Democrats, Feeling New Strength, Plan to Go on Offense on Voting Rights

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      After retaining most of the governor’s offices they hold and capturing the legislatures in Michigan and Minnesota, Democrats are putting forward a long list of proposals to expand voting access.NEW ORLEANS — For the last two years, Democrats in battleground states have played defense against Republican efforts to curtail voting access and amplify doubts about the legitimacy of the nation’s elections.Now it is Democrats, who retained all but one of the governor’s offices they hold and won control of state legislatures in Michigan and Minnesota, who are ready to go on offense in 2023. They are putting forward a long list of proposals that include creating automatic voter registration systems, preregistering teenagers to vote before they turn 18, returning the franchise to felons released from prison and criminalizing election misinformation.Since 2020, Republicans inspired by former President Donald J. Trump’s election lies sought to make voting more difficult for anyone not casting a ballot in person on Election Day. But in the midterm elections, voters across the country rejected the most prominent Republican candidates who embraced false claims about American elections and promised to bend the rules to their party’s advantage.Democrats who won re-election or will soon take office have interpreted their victories as a mandate to make voting easier and more accessible.“I’ve asked them to think big,” Gov. Tim Walz of Minnesota said of his directions to fellow Democrats on voting issues now that his party controls both chambers of the state’s Legislature. Republicans will maintain unified control next year over state governments in Texas, Ohio, Florida and Georgia. In Texas and Ohio, along with other places, Republicans are weighing additional restrictions on voting when they convene in the new year.Democratic governors in Arizona and Wisconsin will face Republican-run legislatures that are broadly hostile to expanding voting access, while Josh Shapiro, the Democratic governor-elect of Pennsylvania, is likely to eventually preside over one chamber with a G.O.P. majority and one with a narrow Democratic majority.And in Washington, D.C., the Supreme Court is weighing a case that could give state legislatures vastly expanded power over election laws — a decision with enormous implications for the power of state lawmakers to draw congressional maps and set rules for federal elections.Democrats have widely interpreted that case — brought by Republicans in North Carolina — as dangerous to democracy because of the prospect of aggressive G.O.P. gerrymandering and the potential for state legislators to determine the outcome of elections. But it would also allow Democrats to write themselves into permanent power in states where they control the levers of elections.The Supreme Court’s deliberation comes as many Democrats are becoming increasingly vocal about pushing the party to be more aggressive in expanding voting access — especially after the Senate this year failed to advance a broad voting rights package.The Aftermath of the 2022 Midterm ElectionsCard 1 of 6A moment of reflection. More