Voting Rights, Registration and Requirements

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      The Election Is Over. Now Comes the Battle for Voting Rights in 2024

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      Voters rebuffed the most aggressive efforts to weaken democracy in the midterms. But battles over election districts and ballot restrictions that could prove crucial in 2024 have already resumed.WASHINGTON — With Raphael Warnock’s victory in the Georgia Senate race on Tuesday, the major midterm elections are over.But the battles over voting rules, restrictions and political boundaries that will help determine who wins the next ones barely paused for ballot-counting before resuming in force.Indeed, the day after Mr. Warnock’s election, the Supreme Court heard arguments in a potentially seismic case brought by Republicans in North Carolina that could give state legislatures significantly expanded power over election laws — and virtually unlimited authority to draw gerrymandered maps.The landscape is familiar. Democrats who took control of state legislatures in Michigan and Minnesota are preparing legislation to to broaden voting access, including measures in Michigan that would mandate absentee ballot drop boxes.Republicans, who control a majority of legislatures across the country, are proposing new restrictive legislation they say would combat election fraud, though it remains exceedingly rare. And though both parties have benefited from gerrymanders, Republicans are far more likely to make it a centerpiece of their electoral strategy.In the Ohio Legislature, Republicans are poised to pass bills that would stiffen the ID requirement for casting a ballot, limit the use of drop boxes and end automatic mailings of absentee-ballot applications to voters.In North Carolina, a Republican sweep of state Supreme Court races last month makes it likely that the State Legislature will be able to gerrymander existing nonpartisan maps of congressional and legislative districts before the 2024 elections.In Wisconsin, both parties are girding for an April election that will determine partisan control of the state’s already politicized Supreme Court — and either open or shut the door on a legal challenge to an impregnable Republican gerrymander of the State Legislature.Some of that jockeying for power always goes on beneath the radar of most voters. But in the wake of more direct attacks on democracy by insurrectionists at the U.S. Capitol and by election deniers in last month’s vote, the divergent legislative priorities of the two parties — and particularly Republican reliance on restrictive voting measures and supercharged gerrymanders — reflect what has become a ceaseless tug of war over the rules of American politics and governance.“It’s not the same thing as throwing out the vote count and putting in the wrong count,” said Wendy Weiser, who directs the Democracy Program at the left-leaning Brennan Center for Justice at New York University. “But it’s a form of unfair gaming of the system to gain electoral advantage, in a way that shuts out legitimate voters.”The Aftermath of the 2022 Midterm ElectionsCard 1 of 6A moment of reflection. More

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      North Carolina’s Governor Says a Fringe Claim Before the Supreme Court Would Upend Democracy

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      Over the past six months, the United States Supreme Court has handed down one misguided ruling after another, stripping Americans of the constitutional right to an abortion, curtailing the regulation of guns and industrial emissions, and muddying the divide between church and state. The people have protested. They’ve organized. And in 2022, they voted.In Dobbs v. Jackson Women’s Health Organization, the June decision on abortion, the majority wrote that “women are not without electoral or political power.” That’s one thing they got right, and Republicans found that out the hard way in the November midterm elections that they expected to win big. Now, however, the very ability to exercise electoral and political power at the ballot box is hanging in the balance in a case the court is scheduled to hear on Wednesday.Moore v. Harper is a case from North Carolina that state and national Republicans are using to push an extreme legal premise known as the “independent state legislature theory.” While the United States Constitution delegates the authority to administer federal elections to the states, with Congress able to supersede those state decisions, proponents of this theory argue that state legislatures are vested with the exclusive power to run those elections. This view would leave no room for oversight by state courts and put the ability of governors to veto election-related legislation in doubt.The court’s decision on this alarming argument could fundamentally reshape American democracy. Four justices have suggested that they are sympathetic to the theory. If the court endorses this doctrine, it would give state legislatures sole power over voting laws, congressional redistricting, and potentially even the selection of presidential electors and the proper certification of election winners.Indeed, the North Carolina Supreme Court, in a decision earlier this year, said the theory that state courts are barred from reviewing a congressional redistricting plan was “repugnant to the sovereignty of states, the authority of state constitutions and the independence of state courts, and would produce absurd and dangerous consequences.”You can look to North Carolina to see the potential for dire consequences. In 2010, Republicans took over the state legislature in a midterm election. Since then, North Carolina has been ground zero for Republican attempts to manipulate elections. As the state’s attorney general and now governor since 2017, I’ve dealt with Republican legislative leaders as they advanced one scheme after another to manipulate elections while making it harder for populations they have targeted to vote.These schemes robbed voters from the start to the end of an election: a voter ID requirement so strict that a college ID from the University of North Carolina isn’t good enough. No same-day registration during early voting. No provisional ballots for voters who show up at the wrong precinct. Shorter early voting periods eliminated voting the Sunday before Election Day, a day when African American churches hold popular “souls to the polls” events.Fortunately, these measures were stopped in 2016 by the U.S. Court of Appeals for the Fourth Circuit, which described them as targeting African Americans “with almost surgical precision.”Republicans in the legislature have also gerrymandered districts in diabolical ways. In 2016, state Republicans drew a congressional redistricting map that favored Republicans 10-3. They did so, the Republican chairman of a legislative redistricting committee explained, “because I do not believe it’s possible to draw a map with 11 Republicans and two Democrats.”North Carolinians have relied on courts and my veto power as governor to foil many of these schemes. In 2022 a successful lawsuit in state court challenging a 2021 gerrymandered congressional map resulted in fair districts, splitting the state’s 14 districts (the state gained a district after the 2020 census) so that Democrats and Republicans each won seven seats in November’s elections. It seemed only right, given the nearly even divide between Democratic and Republican votes statewide. Republican efforts to avoid this result led to the Moore v. Harper appeal now before the Supreme Court.As recently as 2019, Chief Justice John Roberts wrote in a majority opinion on partisan gerrymandering claims in Maryland and North Carolina that state courts were an appropriate venue to hear such cases but that those claims were political issues beyond the jurisdiction of the federal courts. Retreating from that position on the role of state courts would be a shocking leap backward that would undermine the checks and balances established in state constitutions across the country.Republican leaders in the North Carolina state legislature have shown us how the elections process can be manipulated for partisan gain. And that’s what you can expect to see from state legislatures across the country if the court reverses course in this case.Our democracy is a fragile ecosystem that requires checks and balances to survive. Giving state legislatures unfettered control over federal elections is not only a bad idea but also a blatant misreading of the Constitution. Don’t let the past decade of North Carolina voting law battles become a glimpse into the nation’s future.Roy Cooper, a Democrat, has been the governor of North Carolina since 2017. He was previously elected to four terms as attorney general.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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      Turnout Was Strong in Georgia, but Mail Voting Plummets After New Law

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      An analysis of November turnout data shows that voting by mail dropped as Georgians increasingly cast ballots in person. The shift hints at the possible impact of a 2021 voting overhaul.While voter turnout remained strong, absentee voting in Georgia dropped off drastically in this year’s midterm election, the first major test of an expansive 2021 voting law that added restrictions for casting ballots by mail.Data released by the Georgia secretary of state showed that mail voting in the state’s November general election plunged by 81 percent from the level of the 2020 contest. While a drop was expected after the height of the pandemic, Georgia had a far greater decrease than any other state with competitive statewide races, according to a New York Times analysis.Turnout data suggests that a large majority of people who voted by mail in 2020 found another way to cast their ballots this year — turning to in-person voting, either early or on Election Day. Turnout in the state was 56 percent of all active voters, shy of the 2018 high-water mark for a midterm election.The numbers are the first sign of how the 2021 law may have affected the election in Georgia, which has recently established itself as a battleground state. The law was signed by Gov. Brian Kemp, a Republican, and backed by G.O.P. state lawmakers who said that the changes would make it “easier to vote, harder to cheat.” It significantly limited drop boxes, added voter identification requirements and prevented election officials from proactively mailing out absentee ballot applications.But civil rights groups, voting rights advocates and Democrats noted that there was no evidence of widespread fraud in elections. They viewed the law, known as S.B. 202, as an attempt to suppress Democratic-leaning voters, especially people of color, who had just helped flip Georgia blue in a presidential election for the first time in decades.President Biden called the law “Jim Crow in the 21st century.” Major League Baseball moved its All-Star game out of suburban Atlanta in protest.This year, after a mostly smooth and high-turnout general election under the new rules, both sides saw validation in their arguments. Republicans pointed to the strong overall turnout as evidence that the law had not suppressed votes. Democrats and civil rights groups argued that their sprawling voter education and mobilization efforts had helped people overcome the new hurdles.The Aftermath of the 2022 Midterm ElectionsCard 1 of 6A moment of reflection. More

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      Georgia Voters Defy Efforts to Suppress Them

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      Tuesday afternoon, I waited over an hour and a half to vote in Atlanta in the Georgia Senate runoff between Democrat Raphael Warnock and Republican Herschel Walker.This is my second election cycle in Georgia, but I still can’t get used to the wait times to vote. It’s a voter suppression tactic in and of itself. It’s a poll tax paid in time.I lived more than 25 years in New York, where I took for granted that voting was a casual affair. For years, I would take my children into the booth with me so that they could see how the electoral process worked. There was never a line. Maybe there was a person or two in front of us, but no real delay.I wouldn’t do that here in Georgia. Forcing a child to wait in a long line in the cold could by itself be considered abusive.But, as I waited, something else occurred to me: Voter suppression is one of the surest cures for apathy. Nothing makes you value a thing like someone trying to steal it from you.The line, and all the people patiently waiting in it, is a symbol of resilience and perseverance. It is a reminder that people will work hard to overcome obstacles to accomplish things they deem essential.Waiting in line is such a feature of Georgia voting that some counties even publish their waiting times online so that voters can plan their arrivals to have the shortest wait.These waits can disproportionately affect nonwhite voters. According to a report by Georgia Public Broadcasting and ProPublica before Election Day in 2020, a shrinking number of polling places “has primarily caused long lines in nonwhite neighborhoods where voter registration has surged and more residents cast ballots in person on Election Day.”According to the report, the nine metro Atlanta counties “have nearly half of the state’s active voters but only 38 percent of the polling places.”Yet those voters would not be deterred.During the general election, voters set a record for the number of early votes cast in a Georgia midterm election, and on Monday and again on Tuesday they set records for single-day early voting in a Georgia runoff. It is interesting to note that an estimated 35 percent of the early votes so far are from African Americans, a slightly greater figure than their percentage of the population of Georgia.This is a testament to the fortitude of those voters, because they were the ones targeted by Georgia’s latest round of voter suppression with “uncanny accuracy,” as the Brennan Center for Justice’s president, Michael Waldman, put it last year. Waldman wrote that Gov. Brian Kemp “signed his voter suppression bill in front of a painting of a plantation where more than 100 Black people had been enslaved. The symbolism, unnerving and ghastly, is almost too fitting.”People who defend voter suppression point to these numbers as proof that their critics are simply being hyperbolic and creating an issue where none exists. But that is the opposite of the truth as far as I can see it. From my perspective, voters are simply responding with defiance to the efforts to suppress.And yet that defiance might still not be enough to overcome all of the obstacles placed in voters’ way. While those record daily numbers are heartening, they are in part a result of a new Republican election law that cut the number of early-voting days roughly in half. Even with the extraordinary turnout, it is unlikely this year’s early voting will match that of last year’s runoff between Warnock and the Republican incumbent, Kelly Loeffler.In addition, Republicans have fielded a singularly offensive candidate in Walker, a man not fit for elective office, a walking caricature of Black competence and excellence, as if Black candidates are interchangeable irrespective of accomplishment and proficiency.The whole time I was waiting in line, I kept thinking about how the wait would have been impossible for someone struggling with child care or elder care, or someone whose job — or jobs — wouldn’t allow for that long a break in the middle of the day.Also, I voted on an unseasonably warm day. What about those whose only opportunity to vote might be a day when it was raining or cold? The line at my polling place was outside for 90 percent of the time I waited.I have nothing but disdain for the efforts to suppress the vote in my new home state, but I have nothing but admiration for the voters’ determination not to be suppressed.Democracy is being saved by sheer force of will, by people climbing a hill that should never have been put in front of them.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 and Twitter (@NYTopinion), and Instagram. More

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      G.O.P. Candidate in Arizona’s Attorney General Race Sues Over Election Results

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      The candidate, Abe Hamadeh, alleged that local and state officials had mismanaged the Nov. 8 election.Abe Hamadeh, the Arizona Republican locked in a tight race to become the state’s next attorney general, filed a lawsuit on Tuesday contesting the preliminary results of an election that had already been headed to an automatic recount.The state’s final tally from the Nov. 8 election, which was set to be certified by counties by next week, has Mr. Hamadeh just 510 votes behind the Democratic candidate, Kris Mayes — 1,254,102 for Mr. Hamadeh and 1,254,612 for Ms. Mayes. That difference was within the margin needed to force an automatic recount under state law.Mr. Hamadeh’s lawsuit, filed in State Superior Court in Maricopa County, names as defendants Arizona’s secretary of state — Katie Hobbs, a Democrat who won the governor’s race — as well as the county recorders and boards of supervisors in the state’s 15 counties. The Republican National Committee joined Mr. Hamadeh in the suit as a plaintiff.Mr. Hamadeh and the R.N.C., in their complaint, ask the court to issue an injunction prohibiting the secretary of state from certifying Ms. Mayes as the winner and an order declaring Mr. Hamadeh the winner. The suit argues that equipment failures and errors in the management of polling places and in ballot tabulation led to an incorrect final vote count. It says there was no “fraud, manipulation or other intentional wrongdoing,” but it claims there were mistakes that affected the final tally, given the contest’s narrow margin.The suit asks the court to allow additional votes to be counted, including 146 provisional ballots and 273 mail-in ballots that were segregated because the election system showed they came from voters who had already cast in-person ballots. It does not seek a rerun of the election, though it does claim that Mr. Hamadeh should be declared the winner. By state law, Arizona’s secretary of state is required to certify the results of the election by Dec. 5.The Aftermath of the 2022 Midterm ElectionsCard 1 of 6A moment of reflection. More

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      Voting Takes Center Stage During US Midterm Elections

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      “I want to do everything I can to use my voice to create the kind of democracy that deserves to exist,” one voter said.They had been assured that they were wasting their time. That the fix was in. That a fair outcome was impossible, what with all that Democratic ballot-rigging — or was it Republican voter suppression?But millions of Americans gave voting a go anyway on Tuesday, dutifully turning up across the country to cast ballots at schoolhouses, libraries and V.F.W. posts.After a campaign marked by the direst of claims, it was, in its way, a small act of faith.“It’s going a little bit too far left,” said one voter, Lucas Boyd, 43, explaining what had brought him to a polling place in Haymarket, Va. “We are trying to bring it back to a middle ground, and that is really why I came today.”Cheryl Arnold, who was also casting a ballot in Haymarket, had a different outcome in mind. A sales worker in her 50s, she said her aim was “not furthering the Republican agenda.”But she and Mr. Boyd, a software salesman, shared at least one fundamental belief: that voting might make a difference.“I want to do everything I can to use my voice to create the kind of democracy that deserves to exist,” Ms. Arnold said.A voter dropping off a ballot in American Fork, Utah, on Tuesday.Kim Raff for The New York TimesStill, it was an Election Day of unusual tensions, in keeping with a campaign in which accusations of voting fraud were sometimes cast even before the ballots themselves were, and in which some private citizens took it upon themselves to take up arms and “guard” absentee ballot boxes.“I definitely know where the exits are,” said one poll worker in Flagstaff, Ariz., Brittany Montague. “Now more than ever, we’re so polarized, and there isn’t a lot of trust in the system.”In Arizona on Tuesday morning, reports of dozens of malfunctioning ballot-counting machines in Maricopa County prompted a surge of voter fraud claims across right-wing media.“None of this indicates any fraud,” said Bill Gates, chairman of the Maricopa County board of supervisors, a Republican. “This is a technical issue.”A video captured election workers trying to reassure voters.“No one’s trying to deceive anybody,” one poll worker says.“No, not on Election Day. No, that would never happen,” the person recording the video replies sarcastically.Even before the day began, more than 40 million Americans had cast early ballots, and millions more were joining them on Tuesday.In Michigan, the abortion issue was a big draw at the polls. After the Supreme Court decision reversing Roe v. Wade, Michigan was one of five states that had abortion-related measures on the ballot. In Birmingham, an affluent community outside Detroit, a slow stream of people turned out to vote on Proposal 3, a ballot measure to protect abortion rights.Outside the Baldwin Public Library, where Birmingham city workers had turned metered parking into “voter-only parking” for the day, Alexandra Ayaub said supporting the measure was her main reason for voting.“Michigan should be a safe place for women,” said Ms. Ayaub, 31, who described herself as leaning Democratic.In nearby Warren, Rosemary Sobol also said the initiative was her main motivation for voting — even if she was still undecided.“I’m not completely anti-abortion, but I’m also a Catholic,” said Ms. Sobol, an 81-year-old retired principal. “It’s a very hard decision.”For some voters, it was a day to reconsider past positions.Andrew O’Connell said that he had been born into a Democratic family and that he had long taken pride in switching up his votes between the parties, but at 6:30 Tuesday morning, he could be seen standing outside a busy polling location on Staten Island holding a sign displaying all of the Republicans on the ballot. Everything changed with the social unrest in 2020, he said.“I believe safety took a back seat back when the protests were going on,” Mr. O’Connell said. “We sat back and watched that happen and some folks didn’t think there was anything wrong with it.”A family voting in Miami Beach, Fla., on Tuesday.Scott McIntyre for The New York TimesFor other voters, it was a day to reconsider life choices — like where to live.When Albert Latta, 67, left a polling place in Kenosha, Wis., he had a weary look. The most important issue for him in this election? “Honesty,” he said.Mr. Latta said that he had voted Democratic in the races for governor and the Senate and that he was so tired of deception from Republicans — on election integrity, among other issues, he said — that he was considering picking up and moving across the state line into the blue of Illinois.“How Wisconsin goes in this election may have a lot to do with that decision,” he said. “I call today’s vote the biggest I.Q. test this country has ever taken.”For some voters, a hop across state lines, it appeared, might not do the trick.In the city of Folsom, in one of liberal California’s more conservative regions, John Butruce, 66, offered a fairly succinct synopsis of his take on things before casting his ballot.“I don’t like the taxes, I don’t like the inflation, I don’t like the crime,” Mr. Butruce said. “I don’t like the state of the country or the state of the state.”In Kenosha, where voters were deciding whether to re-elect Gov. Tony Evers, a Democrat, the shadow of the demonstrations and riots that tore through the city in August 2020 after a police shooting loomed large.“I just want to get him out,” said Abraham Gloria, 40. “He could have stopped what happened with the riots, and he didn’t.”But as she headed into a church in Kenosha to vote, Phyllis Sheets, 60, said she was supporting the Democrats. Democracy, she said, depended on it.“I’m tired of people co-signing foolishness,” Ms. Sheets said. “It’s like people are drinking the silly juice around here: conspiracy theories, not conceding elections, QAnon, Jan. 6. It’s not American.”Christine Grant looking over information while filling out her ballot in Detroit on Tuesday.Brittany Greeson for The New York TimesNot everyone was thinking about this election, even as it was still unfolding. They were too busy talking about the next one, and news of a “very big announcement” from a Republican politician in Florida.In Warren, Mich., Mike Smith, 58, had just one quibble.“I hope he comes back sooner than 2024,” Mr. Smith said. “I still don’t accept 2020.”Word that Donald J. Trump might soon make formal what has long been expected played out at polling sites across a polarized country to a mix of elation and fear.“I am terrified,” said Liz Lambert, 57, a marketing manager in Scottsdale, Ariz., clutching a coffee cup as she headed to work after casting her ballot. “This country has been through enough. We need stability and maturity and leadership.”In Haymarket, Va., Gloria Ugbaja declined to get engaged by a possible Trump announcement about another run for president.“I thought it was a distraction,” said Ms. Ugbaja, 47, who works in health care management.“Whether he announces or not is his business,” she said. “Every American has to keep moving forward. Whether he tries to run or not, it indirectly does not affect what the average American has to do on a daily basis.”Reporting was contributed by More