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    Wisconsin supreme court seems hostile to 1849 abortion ban in oral arguments

    During heated oral arguments on Monday morning, the Wisconsin supreme court appeared poised to find an 1849 law banning most abortions cannot be enforced.The legal status of abortion in Wisconsin has been contested since the US supreme court overturned Roe v Wade and ended the right to abortion nationwide, triggering bans across the country – including in Wisconsin, where a 175-year-old ban immediately went into effect.Democrats in Wisconsin have seized on abortion as a campaign issue, with Justice Janet Protasiewicz expressing her support for abortion rights and winning a seat on the court in spring 2023. Protasiewicz’s election to the court helped flip the ideological balance on the bench, which is now controlled by a narrow liberal majority.It is highly unlikely the liberal-controlled court will uphold the ban.The 1849 statute, which was nullified by Roe v Wade and then reanimated when the landmark decision was overturned, declares that ending “the life of an unborn child” is a felony, except when required to save the life of the mother. In July 2023, a Dane county judge ruled that the 1849 ban applies only to feticide and not “consensual” abortion, citing a previous ruling that interpreted the statute as an anti-feticide law, and in September, providers including Planned Parenthood resumed offering abortion care.The Sheboygan county district attorney Joel Urmanski appealed the ruling, which is now before the Wisconsin supreme court.“The position of the circuit court below … is ultimately indefensible,” said Matthew Thome, an attorney representing Urmanski, during his opening argument. Thome argued that the 1849 law should be interpreted to “prohibit consensual abortions from conception until birth, subject to an exception when it is necessary to save the life of the mother”.Justice Jill Karofsky interrogated Urmanski’s interpretation of the law, asking if it would provide exceptions for rape, incest, the health of the mother, or fetal abnormalities.“Just to be clear, a 12-year-old girl who was sexually assaulted by her father and as a result, became pregnant, under your interpretation … she would be forced to carry her pregnancy to term?” asked Karofsky. She noted that the “penalty for aborting after a sexual assault would be more severe than the penalty for the sexual assault”.In response to a question about the medical consequences of a ban, Thome responded that he was unsure, given that he is “not a doctor”.“I fear that what you are asking this court to do is to sign the death warrants of women and children and pregnant people in this state, because under your interpretation, they could all be denied life saving medical care, while the medical professionals who are charged with taking care of them are forced to sit idly by,” said Karofsky.The court weighed the question of whether laws that were passed regulating abortion while Roe was in effect “impliedly repealed” the 1849 ban and rendered it unenforceable.“All of those statues” passed after 1973 and before it was overturned, “just go to the dust pile?” asked Karofsky.Justice Brian Hagedorn, a conservative-leaning judge, argued, of the 1849 ban, that “the law is still there”, adding that “the judiciary doesn’t get to edit laws, the judiciary doesn’t get to rewrite them, we didn’t delete it, we prevented its enforcement”.The assistant attorney general Hannah Jurss disagreed, arguing that “there is nothing in the text of these statutes that says in the event that Roe is overturned we somehow go back to the old law and throw out all of the new ones,” drawing a distinction between Wisconsin’s more than a century old law and “trigger” laws passed in certain states that were specifically designed to go into effect after Roe v Wade was overturned.A separate case, which the Wisconsin supreme court has also agreed to hear, would decide whether the right to abortion is protected under the state’s constitution – possibly opening the door to challenge other laws regulating abortion in the state. More

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    Swing state voters process Trump win with hope and fear: ‘This is a powder keg moment’

    “I am still processing my feelings, but what I do know is that my country keeps finding ways to break my heart,” said Adrienne Pickett, a 42-year-old single mother of two who lives in suburban Detroit.The Kamala Harris voter lives in one of seven states that helped decide the US presidential election on Tuesday. All appear to have voted in Trump’s favor by small but significant margins .Like many Democrats in these states, Pickett is coming to terms with a victory by Donald Trump and a new political reality for America. Republicans in these states are also looking ahead – some with excitement, but not all. We spoke with voters for both parties to hear their reactions.These are Pickett’s worries for the future: “We can expect exactly what Trump promised: mass deportations, pardoning criminals who destroyed the capitol and injured and killed police officers on January 6th, vendettas carried out against his perceived enemies, and maybe most frightening of all, a Project 2025 house of horrors brought to life.”In North Carolina, meanwhile, Jess St Louis, 34, a trans woman in Greensboro who canvassed during the election with the progressive group Carolina Federation, said she was nervous and scared about the future under a second Trump presidency. But she also drew comfort from the defeat on Tuesday night of the Republican gubernatorial candidate Mark Robinson who has been embroiled in a scandal over his alleged racist and sexist comments on a chat board, which he has denied.“It’s a mixed bag,” St Louis said. “I am scared, but I’m also proud about the governor’s race and about breaking the Republican supermajority in the North Carolina House. I can feel a rising tide of folks in North Carolina actually pushing back against hatred and extremism.”There had been fears that the devastation wrought by Hurricane Helene would suppress turnout, in the western part of North Carolina, where 23 of the 25 stricken counties were won by Trump in 2020. But record-breaking early voting and the creation of makeshift polling stations in areas devastated by floods and landslides appeared to have mitigated the problem.While Trump grew his base in North Carolina’s large rural areas, Harris failed to build on Joe Biden’s showing in 2020 in the big cities, despite significant investment in ad spending and field operations.View image in fullscreenWinning should have felt better, thought Jen Dopke, 51, a retail worker from north-east Wisconsin, as the results came in on Tuesday night. Counting still continues Thursday, but Trump has a lead of about 1% – 30,000 votes out of 3.4m cast. Dopke hopes Trump will usher in an improved economy and end American involvement in foreign wars. But she isn’t celebrating yet.“I don’t feel like this was a big win, because we’re not all on the same page,” Dopke said. She watched nervously as people in her life blocked each other on social media the day after Trump secured a second term in office. Dopke supported Trump, but her friends who voted for Harris don’t know that, and she’s wary about them finding out — worried her support for the former president could jeopardize a friendship.“I [hear] what they’re saying, and I think, ‘I just totally don’t believe the same thing, and I don’t think you’re ever going to be able to hear where I’m coming from,’” said Dopke. “It’s terrifying to me. I don’t know what we’re going to do to come together.”Georgia proved a political comeuppance for Trump on Tuesday after his razor-thin loss by 11,799 votes in 2020. This year he was winning by well over 100,000 votes at press time.Alejandro Lopez, a military veteran and social services advocate from Stone Mountain, Georgia, said he was “pissed off at the Republican party for not holding up the rule of law against one of their own,” he said.“To have seen all these members of congress in support of a felon just made me sick to my stomach. The laws created by the US congress now seem to apply to the people and not the legislators themselves.”View image in fullscreenLopez, who has been a close observer of Georgia politics for years, was also with Democrats – in Georgia the Trump campaign pitted Latino citizens against the undocumented with a deftness that went unrecognized by the Harris campaign. Nationally, too, there was a collapse in Democratic turnout and a realignment of Latino voters from a Democratic bloc to a near 50-50 split, which provided the margin of Trump’s victory in swing states even as other demographic groups largely held steady.“I just did not see the Democrats engaging the Latino community as much,” Lopez said.He fears being targeted for his sexual orientation, ethnicity and politics.… “I will keep my nose down so not to create any attention to myself.”The Associated Press has yet to project a winner in Nevada, as the state continues to tally mail-in ballots in its most populous counties. But early results suggest it may be poised to select a Republican for president for the first time since George W Bush in 2004.James, 23, who had cast a vote for Kamala Harris – unbeknownst to his family and coworkers, who are die-hard Trump supporters – said he yearned for a time when he and his loved ones could have civilized conversations about politics.“I would love to say I think things will calm down after this,” said James, who didn’t want to provide his last name so he could avoid further conflict over politics. “But I my heart I know it won’t.”“This is a powder keg moment,” he added.skip past newsletter promotionafter newsletter promotionIn Pennsylvania, Rick Carrick, a 69-year-old retiree, was walking his dog Elvis outside the Lackwanna county courthouse in downtown Scranton as he processed the election results on Wednesday. He said he was ready to move out of the country.“I just told my daughter, I said guarantee first thing he does when he’s sworn in is he gives everybody from January 6 a full pardon,” said Carrick.Lackawanna county, home to Scranton, was one of several key areas in Pennsylvania where Donald Trump improved his performance compared with 2020. Joe Biden carried the county by eight points in 2020, Kamala Harris carried it by about three points this year. The county was once a Democratic stronghold – Barack Obama won it by nearly 28 points in 2012.Carrick said he had no idea why Trump had been able to do so well in the county.“I’m just looking at the big picture. OK, maybe Trump is better on the economy, and to be honest with you, the first time he ran I liked a lot of his ideas, like we can’t be the bank for the entire world,” he said. “But then other things that he does, it’s like he wants to be king.”Debbie Patel, a retired attorney and progressive activist from the Milwaukee area, said she sees a “dark road ahead” – “for Americans generally”.“The first targets will be the ones he’s been vocal about, and then, because he lacks the capacity to empathize with others. it’s anybody’s guess who he will go after next.”Still, Patel is hopeful about the possibility of establishing common ground among “all people”. She cited efforts by groups like Braver Angels, a nonprofit that seeks to depolarize US politics through facilitated conversations between Democratic and Republican Party voters, as exemplary models for seeking common ground.Ali Asfari, 33, lives in Dearborn, Michigan, which has a large Arab American population. The Biden-Harris administration’s response to Israel’s war on Gaza influenced his decision to vote for Trump, but that wasn’t the only issue.“When he [Trump] was in office there were no wars, and inflation nowadays is bad because of the Joe Biden administration. But hopefully now, with the promises that Donald Trump has given us, it’s going to be better,” Asfari said.“We’re going to have a better economy. We’re going to have better family values, in schools, especially. And we’re going to make this country great again. We’re going to have the entire planet to respect this country again as usual. Because with the Biden administration, nobody had respect for us.”Asfari , who voted for Biden in 2020, added:“She did a terrible job, her and Joe. Look at the wars around the world. Look at the economy over here, with inflation. You know, we middle classes, we go for groceries, everything is double the price. The jobs, we barely find jobs, they’re barely hiring and everything is expensive. Family values went down, down, down, especially in schools. You know, they want to join the boys and girls in one bathroom. They’re doing terrible stuff. So that’s why we have to end all this kind of things and go back to Republicans.”Read more of the Guardian’s 2024 US election coverage

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    A polarized America goes to the polls: ‘I’m in a house divided’

    America had previously always been “somebody else’s country,” said Christopher La Rose, a health researcher, as he waited just before 7am in Pine Lake, a village that’s too small for postal delivery just outside of Atlanta, Georgia.But that changed recently for La Rose, who is of Guyanese descent, when he became an American citizen. He had the jitters on Monday night, before using his first-ever vote in a US election to back Kamala Harris.View image in fullscreen“I am sincerely concerned about the way that the country could devolve if the other chap got into office,” La Rose said. “I’m concerned about the political party that has coalesced around him, and how they have, in my mind, lost their way, and I’m voting to protect my kids.”Georgia is one of the seven swing states where election results are close enough to fight over and voters in all of those states say they definitely feel fought over.At a busy polling place in Scottsdale, Arizona, the conservative youth organization Turning Point brought out a bright pink party bus adorned with “Trump train” signs, which they will use to take voters to other Scottsdale polling places if the lines become too long. The group also put up signs imploring voters to stay put: “stay in line, don’t leave your country behind,” one sign said.View image in fullscreenA man was also gathering signatures for America Pac, Elon Musk’s group that is paying circulators to sign up other people who could win a $1m prize. “Elon Musk needs our help,” the man told one voter.Musk’s controversial effort to drive turnout is late to the race. In many swing states, most people who are going to vote have already done so. More than 80 million people cast ballots before election day across the country, with 4 million in Georgia alone – 80% of Georgia’s 2020 vote total.Georgia’s in-person votes will be counted and announced about an hour after polls close at 7pmlocal time, elections officials said last week. Georgia officials have meticulously tried to avoid giving election integrity denialists something to wrap a grievance around this year. The election interference attempts of 2020 still resonate.View image in fullscreenGabriel Sterling, election operations chief for Georgia’s secretary of state, at midday on Tuesday that all polling locations were working smoothly, with an average wait – if there is a wait – of two minutes and an average check-in time of 49 seconds.Cyndi Keen, a lifelong Republican, voted a straight Republican ticket on Tuesday. “When it comes down to looking at having a better life for my children, for my grandkids and for myself, I like the Republican policies better,” she said. She thought the results will be close – and her household had voted for different candidates. “I’m in a house divided, my sweetie went the other way. He’s straight Republican but he voted for Harris.”View image in fullscreenCathy Garcia, an activist with the Working Families party from Santa Fe, New Mexico, flew to Atlanta this week. Tuesday morning with eight hours to go, she was beating on doors in Atlanta’s south-eastern suburbs, looking to put the last voter in line. She was accompanied by a far-flung team visiting from safe Democratic states – Massachusetts, California, New York – putting in work where it might count the most.They wrestled with the cellphone app showing them where to find clusters of registered voters who had not yet voted. The apartment complex in south DeKalb county gave them some density to work with, but low-income people tend to be more transient … and less likely to be at home in the middle of the day.Their effort demonstrates the effort the campaigns are making to get every last voter they can to a poll.Kamala Harris was spending the day on Tuesday at the Naval Observatory, the vice-president’s residence in Washington. The public is not expected to see the Democratic nominee until Tuesday night, where she is poised to deliver remarks at Howard University, her alma mater, in Washington DC. But she has been blitzing radio stations with calls across the country in a last-effort push for votes.Trump has ratcheted up outrage in the waning days of the election, wrapping himself and Republican voters in the politics of extreme grievance over descriptions of himself and his supporters as “garbage”, Nazis and fascists. And yet, his comments at rallies have included increasingly strident attacks on undocumented people, who he has called “animals” and “monsters”, and personal attacks on Harris.Trump partisans have cheered him on and adopted his tone.“He’s a big daddy. He’ll smack you if you’re an asshole,” said Joanne Kelchner, 77, a retiree from Bethlehem, Pennsylvania, who voted for Trump had harsh words for Harris. “Why is she not proud of her Brahmin heritage?” Kelchner asked. “I mean the elite class of India and pretending that she’s not Black, whatever … God bless us all.”View image in fullscreenBut partisan rancor abounds.“Donald Trump is crazy. I mean, he’s a lunatic and the people I think that vote for him are lunatics because he is crazy,” said Jeannie Strickland, a retiree from Georgia. “He’s trying to get people revved up to fight for him. I think if they put his butt in jail, like they should have done at least two years ago, it might calm him down a little bit, but they don’t do anything to him. I’m scared he’s going to win, and I might have to find an island somewhere and go live somewhere else, because he likes Hitler, and he liked the things Hitler did.”View image in fullscreenBoth sides have armies of lawyers in anticipation of legal challenges on and after election day. And law enforcement agencies nationwide are on high alert for potential violence.Tensions briefly flared outside a polling site in a library in downtown Phoenix, where a group of men decked out in American flag T-shirts had gathered to wave “Union Yes for Harris Walz” signs. As another man in a truck drove past, he hollered at the men: “Fuck you!”Angel Torres Pina, a 21-year-old who serves in the military and who voted for the first time on Tuesday, wanted politics to become less divisive and fear-based. He was somewhat nervous about voting at the library at all. “Am I making the right decisions? Am I making the wrong decisions? Are people gonna bad-talk about me because I voted for what I believe in?” said Torres Pina, an independent who voted for Harris. “I keep seeing on the news about these riots, these protests, these chaos, and it makes me a bit scared for if I’m voting right or wrong.”While many Americans have described how stressful this election is, Dawn Alter, a 50-year-old sales representative from New Berlin, Wisconsin, was in good spirits on Tuesday morning. Alter was supporting Harris, and thought the vice-president stood a chance in Wisconsin – a key swing state.Alter believes Trump has shed support here since 2020, and viewed herself as evidence: she abandoned Trump after supporting the former president in 2020, saying she was tired of the division and “negativity” he has sowed.“It’s a lot of discord, there’s too much misinformation,” said Alter. “There needs to be change and unity – I think those are the two biggest things for me.”In 2016, Wisconsin voters elected Donald Trump by less than a percentage point, and in 2020, the state flipped for Joe Biden by a similarly narrow margin. Polling suggests the presidential race in Wisconsin is essentially a toss-up, and voters were acutely aware of the uncertainty they face.View image in fullscreenMatt Steigerwald, a college lecturer from Wisconsin, said he was “cautiously optimistic”, adding: “Wisconsin is probably going to be pretty tight.” Steigerwald, who joked that he was a “bleeding-heart liberal”, said that even as a left-of-center voter, he found Trump “especially abhorrent”.“I just don’t know how you can support somebody who’s said and done so many awful things, who treats women so poorly, who treats people of different races so poorly – he’s just an awful human being from my perspective,” said Steigerwald. Additional reporting by Carter Sherman, Alice Herman, Sam Levine and Rachael LeingangRead more of the Guardian’s 2024 US election coverage

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    Republican mega-donors asked their employees who they will vote for in survey

    The Republican mega-donors Dick and Liz Uihlein, who are the third largest donors in this year’s US presidential election, have sought information about who employees at their company Uline will be voting for in Tuesday’s ballot.A screenshot seen by the Guardian shows how employees at the private Wisconsin paper and office products distributor were asked to take part in what was called an anonymous survey to track who the employees were voting for on 5 November.Below a picture of a blue donkey and a red elephant, the online survey says: “We’re curious – how does Uline compare to the current national polls?”While the button employees are meant to click says the survey is anonymous, the webpage also says that employees “may be asked to sign in”. “This is solely to verify you are a Uline employee and to ensure one submission per person. Your name is not tracked, and your answers remain anonymous.”Public records show that Dick Uihlein has donated almost $80m to the Restoration Pac in the 2024 cycle, which supports the Republican nominee, Donald Trump, and other Republican candidates.View image in fullscreenOne employee who wished to remain anonymous for fear of retribution said the request felt like an infringement on their privacy and that people inside the company were angered by it. Another said multiple employees had privately questioned how anonymous the survey really was. There was an assumption that Democrats would not answer the survey truthfully, a source close to Uline told the Guardian.For Uline workers, there is little doubt about who their bosses want to win in this week’s election.The billionaire Uihleins are staunchly pro-Trump and anti-abortion and have had significant influence on local and national politics, including changes to state laws that will make it more difficult for states to pass pro-choice legislation or changes to state constitutions in the wake of the Dobbs decision that overruled national abortion protections.The voter survey is particularly significant because Uline’s operations are headquartered in the critical swing state of Wisconsin, which is one of three so-called “blue wall” states that are seen as necessary for Kamala Harris to win the White House. While Joe Biden won Wisconsin in the 2020 race for the White House, Trump took it in 2016, solidifying its status as a swing state.View image in fullscreenAsked whether the request for voting information might be seen as intimidating, Liz Uihlein responded in a statement to the Guardian: “This is stupid! The survey was for fun after enduring two years of this presidential election. The results were anonymous and participation was voluntary. This is completely benign.”Danielle Lang, senior director of voting rights at the Campaign Legal Center, said she did not believe the request was benign.“Employers should know to be very careful around pressure on employees, about whether they vote and certainly who they vote for,” Lang said.“Regardless of intentions, this very clearly could create anxiety for many employees,” she said. “Employees rely on employers for their livelihood.”Federal and some state laws protect employees from voter intimidation and coercion, including by employers. Under federal law, voters who need help at the voting booth because of a disability may choose so-called “assisters” under the Voting Rights Act. But those assisters may not be employers or union reps, Lang said.“I think that is an implicit recognition of how much power employers can have over employees and the undue influence they can wield,” Lang said.In Wisconsin, it is also criminal to solicit a person to show how their vote is cast.A spokesperson declined to answer the Guardian’s question about the results of the survey, which were due by 25 October.

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    Republicans and Democrats search for unicorns in crucial Wisconsin: undecided voters

    On a warm October morning in Madison, Wisconsin, Ty Schanhofer found a unicorn: an undecided voter.Schanhofer, an organizer with the University of Wisconsin student Democratic party, had unfolded a plastic table on campus and was trying to encourage people to register in the key swing state.View image in fullscreenWhen Arin Mahapatra, a 21-year-old student from Illinois, stopped by, Schanhofer – who takes an English class with Mahapatra – jumped into action, peppering him with questions and offering reasons to support Harris.“I’m not necessarily [leaning] in a certain direction, I’m just trying to find out who exactly falls in the same line with what I value most,” said Mahapatra, who cited economic issues like the price of gas and cost of student housing as his top concerns.Truly undecided voters are rare in Wisconsin, where presidential elections hinge on the narrowest of margins.“I feel like it’s probably 2% of the voters who are undecided,” said Schanhofer. “It’s not many at all.”Winning the support of young voters like Mahapatra will be crucial for Harris or Trump to pull off a victory in Wisconsin, where students and voters under 30 have turned out in record numbers in recent elections. In 2023, students on college campuses across the state rallied to elect a liberal judge to the Wisconsin supreme court, helping shift the ideological leaning of the bench in hopes that the court would help establish abortion rights in the state.View image in fullscreenPeople like Schanhofer hope that by generating this kind of turnout among young voters, they’ll be able to turn the Wisconsin electorate in Harris’s favor.The Badger state is considered to be part of the “blue wall” – the states Democrats consistently won in the 1990s and early 2000s.But vanishingly narrow margins in the state decided the 2016 and 2020 elections, and today Wisconsin is a virtual toss-up in the polls, as are many of the other six swing states.Trade unions historically helped drive voter turnout for Democrats, but a series of anti-labor laws passed under the Republican-controlled state government in 2011 dealt them a blow. Rural areas have increasingly turned to Republican candidates, leaving cities like Milwaukee – Wisconsin’s most racially diverse – and the liberal stronghold of Madison as Democratic bastions.View image in fullscreenThis election will probably come down to turnout, with the Trump and Harris campaigns attempting to shear away voters from each other’s respective bases. For Trump, that means drawing in young men, who have increasingly drifted to the right.On 26 October, some of those voters could be found queueing up around the corner for an event at the Kollege Klub, a bar just blocks from where the campus Democrats have been tabling for Harris.For hours, the bar was only admitting ticketed attendees, who had spent $150 to see the rightwing Nelk Boys, YouTube pranksters whose podcast has featured the self-proclaimed misogynist Andrew Tate and Trump himself. The Nelk Boys promised to feature Charlie Kirk, the founder of the Maga organizing hub Turning Point USA (TPUSA), as a special guest.Eric Davis, a 29-year-old who lives and works in Madison, waited in line with his friends for more than two hours in front of the bar. Davis voted for Joe Biden in 2020, but said he’s reversing course this year.“I switched over to Trump because I just think, honestly, our economy right now is not going the way that it should,” said Davis. “I don’t believe in everything he says, but a majority of the stuff he goes with – I’m with it.”View image in fullscreenDavis, who is Black, doesn’t always like how Trump talks about immigrants, thinks the ex-president can be crass and understands why he rubs people the wrong way. But the way Davis sees it, that’s just Trump being Trump.“I don’t think he’s racist at all,” said Davis.“My whole family, they’re all liberals,” added Davis, who has not yet told his family how he planned to vote.Despite the night’s political theme, the actual gathering featured little by way of political mobilization. The Nelk Boys stood on a raised platform in the venue, throwing Trump merchandise into the crowd, but Kirk was nowhere to be seen. A stack of cards with voter registration information sat forgotten on a table crowded with beer bottles.skip past newsletter promotionafter newsletter promotionView image in fullscreenBut for Brandon Maly, the chair of the Republican party of Dane county, the night was a success.“I’ve never seen a bar in Madison packed with Maga hats, it was just incredible. I love to see it – it’s part of that psychology in Dane county, that people need to be given a permission structure,” said Maly. “You may not think it translates to votes, but it does in the sense that they’re given permission to support Trump.”Maly has no illusions about turning Dane county red.But given its status as the second most populous county in the state, he sees the area as a rich source of Republican voters – no matter how marginal their political views may be locally.View image in fullscreenHis goal, of chipping away at Democratic party margins in liberal hubs, is mirrored in Democrats’ push to fight back Republican party majorities in rural and suburban parts of the state that have historically leaned red.One of those Democratic party organizers is Deb Dassow, the chair of the Ozaukee county Democratic party, who says she feels she has the shifting political winds at her back. In Ozaukee county, which stretches north of Milwaukee along Lake Michigan, Democrats have begun to make gains in the last several election cycles. In 2012, Barack Obama claimed 34% of the vote. In 2016, Hillary Clinton took 37%, and in 2020 Biden pulled 43% of the vote there.Since 2019, when the Ozaukee county Democrats opened a permanent office in the county, the local party chapter has poured resources into organizing local Democrats.“Since April, we’ve knocked 25,000 doors – we knocked 5,000 just last weekend,” said Dassow on 25 October. The local Democrats have facilitated food drives, held parties and hosted beading parties, crafting red, white and blue bracelets emblazoned with the letters K-A-M-A-L-A.Since jumping into the race in July, the vice-president and her allies have raised more than $1bn to fuel her campaign; much of those funds have poured into a broad campaign to knock on thousands of doors across the country.And not least, they are trying to turn out young people: according to a source familiar with the Harris-Walz campaign in Wisconsin, the Democratic coordinating campaign hired seven full-time campus organizers across the state and a youth-organizing coordinator before the election.View image in fullscreenThe Republican party, meanwhile, has farmed off most of its ground game to outside groups – including TPUSA and the tech billionaire Elon Musk’s America Pac. Those groups allied with the Trump campaign have sought to turn out “low-propensity” voters for Trump, in particular, targeting rural would-be Trump voters who might otherwise neglect to cast a ballot at all.The Trump campaign touts the strategy as innovative, but neither TPUSA nor America PAC boast the kinds of detailed voter lists that parties traditionally maintain to target supporters.“There’s suspicion as to whether or not this is an actual ground game,” said Brandon Scholz, a former Republican party operative who left the GOP on 7 January 2021 – the day after Trump supporters contesting the 2020 election results stormed the US Capitol. Even as an independent, Scholz maintains close relationships in the party and has followed the 2024 campaigns with keen interest.“Are these folks really here?” said Scholz. “Are they really beating the hell out of the doors? Are they really identifying and getting ready to turn out voters, or getting them out to vote early, or getting them absentee ballots?”The answers to these questions – is Trump’s ground strategy as haphazard as it seems in Wisconsin, and is the Harris turnout machine as effective as Democrats claim? – could very well determine the outcome of the election. More

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    Candidates try to divine trends as nearly 70m Americans have cast early votes

    Almost 70 million Americans have already voted in the historic US election which comes to a head on Tuesday, prompting furious arguments over what early voting trends might mean as Donald Trump and Kamala Harris prepare for their final showdown.As both candidates and their top surrogates crisscrossed the country in a furious bout of last-minute campaigning, the race remains in a virtual dead heat – both in the head-to-head national polls and in the crucial seven battleground states that will actually decide the race for the White House.But as Trump and Harris made their pitches for what must now be a vanishingly small number of still undecided voters, tens of millions of Americans have already cast their ballots in the election through the various processes in the US that allow early voting.With so much at stake in the election, that huge number has triggered intense speculation as to what it might that mean with both Republicans and Democrats attempting to glean information that shows their side might already have the edge as voting day nears.Harris’s campaign is latching on to some key information from the crucial swing state of Pennsylvania. The giant state – which stretches from New Jersey in the east to Ohio in the west – is a part of the “rust belt” dominated by former manufacturing cities that is seen as probably the most crucial region in the election.Nearly all the most likely paths to victory for both candidates involve picking up rust belt states with Pennsylvania as the biggest prize.In that state, voters over the age of 65 have cast nearly half of the early ballots and registered Democrats account for about 58% of votes cast by seniors, compared with 35% for Republicans. That is a big lead in a demographic that usually trends towards Trump.At the same time, women have a 10-point gap over men when it comes to the early vote in Pennsylvania, according to analysis by the Politico website, using data from the University of Florida’s United States Election Project. Another analysis, by NBC, showed an even larger gap in favor of women in the state of 13 points.Harris and her team are hoping for a large showing of women in the election as they have made the loss of reproductive rights central to their campaign after the supreme court overturned federal abortion rights. Women have trended strongly Democratic in the election, while men have leaned more Republican and thus any signs of a strong turnout by women is potentially good news for the vice-president.“The gender gap is a key reason for hope among Democrats and concern among Republicans, especially when many states have abortion rights amendments on their ballots in the 2024 election,” Thomas Miller, a data scientist at Northwestern University, told Newsweek.But Republicans too are seeing signs of hope in the early voting trends – a sign that America’s divisive election is still proving impossible to predict even after almost two years of furious campaigning by both parties.In Arizona, a crucial swing state in the so-called “sun belt” on electoral battlegrounds, male voters have been turning out in increased numbers – a sign that Republican strategies of turning out men who have not voted before might be working. In Arizona last week, the number of new voters in Arizona was 86,000 – far more than the tiny margin by which Joe Biden beat Trump in the state in 2020 – and the biggest share of those new voters were male Republicans.Overall, Republicans have traditionally been outnumbered in early voting with more Democrats choosing to go to the polls. In part, that has been because Trump and some of his allies have assailed early voting with baseless claims of fraud and conspiracy, despite Republican professional campaigners exhorting their supporters to get to the polls before election day.In 2024, there are signs that Republicans are indeed heading to the polls early in large numbers.skip past newsletter promotionafter newsletter promotionIn Georgia – another key sun belt battleground in the deep south – there are strong signs of a significant early Republican turnout. More than 700,000 people who voted already in 2024 did not vote at all in 2020, according to Georgia Votes, and that is seen as a sign that many of them might be Republicans as the campaign has focused on that demographic. At the same time, the top three counties for voter turnout rates in Georgia are rural areas won easily by Trump in 2020.“We’ve got a lot of voters that voted in 2016 but didn’t vote in 2020 … What makes me believe that they are Trump voters is that most of them are … from parts of the state that are pretty strong Republican strongholds,” Georgia’s lieutenant governor, Burt Jones, told Fox News.Of course, as voting patterns shift for both sides, it could also be that an advantage in early voting for either Democrats or Republicans is quickly overwhelmed on election day itself when tens of millions of voters go to the polls in person.In the end, the 2024 race remains entirely unpredictable. The Guardian’s 10-day polling average tracker has shown little change over the past week, after a slight erosion in Harris support over October, Harris retains a one-point advantage in national polls of 48% to Trump’s 47%, virtually identical to last week and well with the margin of error of most polls.The battleground states, too, remain in a dead heat. The candidates are evenly tied at 48% in Pennsylvania while Harris has single-point leads in the two other rust belt states of Michigan and Wisconsin. Meanwhile, Trump is marginally ahead in the sun belt, where he is up by 1% in North Carolina, 2% in Georgia and Arizona, and ahead in Nevada by less than a percentage point.But one wildcard for both campaigns is the Muslim vote, angered by US support for Israel in its attacks on Gaza and Lebanon. A poll released on Friday by the Council on American-Islamic Relations showed that 42% of the country’s 2.5 million Muslim voters favor Green party nominee Jill Stein for president while 41% favor Harris. Trump registered 10% support.In theory, those margins of support for Stein, as in 2016, could swing some key swing states, such as Michigan, to Trump if the contest there is very close. More

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    Contested state supreme court seats are site of hidden battle for abortion access

    Abortion will be on the ballot in 10 states on Tuesday, and it’s one of the top issues in the presidential contest between Kamala Harris and Donald Trump. But it is also key to less publicized but increasingly contested races for seats on state supreme courts, which often have the last word on whether a state will ban or protect access to the procedure.This year, voters in 33 states have the chance to decide who sits on their state supreme courts. Judges will be on the ballot in Arizona and Florida, where supreme courts have recently ruled to uphold abortion bans. They are also up for election in Montana, where the supreme court has backed abortion rights in the face of a deeply abortion-hostile state legislature.In addition, supreme court judges are on the ballot in Maryland, Nebraska and Nevada – all of which are holding votes on measures that could enshrine access to abortion in their state constitutions. Should those measures pass, state supreme courts will almost certainly determine how to interpret them.Indeed, anti-abortion groups are already gearing up for lawsuits.“We’re all going to end up in court, because they’re going to take vague language from these ballot initiatives to ask for specific things like funding for all abortions, abortion for minors without parental consent,” said Kristi Hamrick, chief media and policy strategist for the powerful anti-abortion group Students for Life of America, which is currently campaigning around state supreme court races in Arizona and Oklahoma. “Judges have become a very big, important step in how abortion law is actually realized.”In Michigan and Ohio, which voted in 2022 and 2023 respectively to amend their state constitution to include abortion rights, advocates are still fighting in court over whether those amendments can be used to strike down abortion restrictions. Come November, however, the ideological makeup of both courts may flip.Spending in state supreme court races has surged since Roe fell. In the 2021-2022 election cycle, candidates, interest groups and political parties spent more than $100m, according to the Brennan Center for Justice. After adjusting for inflation, that’s almost double the amount spent in any previous midterm cycle.View image in fullscreenIn 2023, a race for a single seat on the Wisconsin supreme court alone cost $51m – and hinged on abortion rights, as the liberal-leaning candidate talked up her support for the procedure. (As in many other – but not all – state supreme court races, the candidates in Wisconsin were technically non-partisan.) After that election, liberals assumed a 4-3 majority on the Wisconsin supreme court. The court is now set to hear a case involving the state’s 19th-century abortion ban, which is not currently being enforced but is still on the books.It’s too early to tally up the money that has been dumped into these races this year, especially because much of it is usually spent in the final days of the election. But the spending is all but guaranteed to shatter records.In May, the National Democratic Redistricting Committee and Planned Parenthood Votes announced that they were teaming up this cycle to devote $5m to ads, canvassing and get-out-the-vote efforts in supreme court races in Arizona, Michigan, Montana, North Carolina, Ohio and Texas. Meanwhile, the ACLU and its Pac, the ACLU Voter Education Fund, has this year spent $5.4m on non-partisan advertising and door-knocking efforts in supreme court races in Michigan, Montana, North Carolina and Ohio. The scale of these investments was unprecedented for both Planned Parenthood and the ACLU, according to Douglas Keith, a senior counsel in the Brennan Center for Justice’s Judiciary Program who tracks supreme court races.

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    “For a long time, judicial campaign ads often were just judges saying that they were fair and independent and had family values, and that was about it. Now, you’re seeing judges talk about abortion rights or voting rights or environmental rights in their campaign ads,” Keith said. By contrast, rightwing judicial candidates are largely avoiding talk of abortion, Keith said, as the issue has become ballot box poison for Republicans in the years since Roe fell. Still, the Judicial Fairness Initiative, the court-focused arm of the Republican State Leadership Committee, announced in August that it would make a “seven-figure investment” in judicial races in Arizona, Michigan, Montana, North Carolina, Ohio and Texas.Balancing the federal benchAbortion is far from the only issue over which state courts hold enormous sway. They also play a key role in redistricting, LGBTQ+ rights, voting rights and more. And with the US Congress so gridlocked, state-level legislation and its legality has only grown in importance.For years, conservative operatives have focused on remaking the federal judiciary in their ideological image – an effort that culminated in Donald Trump’s appointments of three US supreme court justices and has made federal courts generally more hostile to progressive causes. Now, the ACLU hopes to make state supreme courts into what Deirdre Schifeling, its chief political and advocacy officer, calls a “counterbalance” to this federal bench.“We have a plan through 2030 to work to build a more representative court,” said Schifeling, who has a spreadsheet of the supreme court races that will take place across eight states for years to come. (As a non-partisan organization, the ACLU focuses on voter education and candidates’ “civil rights and civil liberties” records.) This cycle, the organization’s messaging has centered on abortion.“Nationally, you’re seeing polling that shows the top thing that voters are voting on is the economy. But these judges don’t really influence the economy,” Schifeling said. “Of the issues that they can actually influence and have power over, reproductive rights is by far the most important to voters.”Abortion rights supporters are testing out this strategy even in some of the United States’ most anti-abortion states. In Texas, where ProPublica this week reported two women died after being denied emergency care due to the state’s abortion ban, former US air force undersecretary Gina Ortiz Jones has launched the Find Out Pac, which aims to unseat three state supreme court justices.Justices Jane Bland, Jimmy Blacklock and John Devine, the Pac has declared, “fucked around with our reproductive freedom” in cases upholding Texas’s abortion restrictions. Now, Jones wants them out.“Why would we not try to hold some folks accountable?” Jones said. “This is the most direct way in which Texas voters can have their voices heard on this issue.” (There is no way for citizens to initiate a ballot measure in Texas.) The Pac has been running digital ads statewide on how the Texas ban has imperiled access to medically necessary care.However, since state supreme court races have long languished in relative obscurity, voters don’t always know much about them and may very well default to voting on party lines in the seven states where the ballots list the affiliations of nominees for the bench. Although the majority of Texans believe abortions should be legal in all or some cases, nearly half of Texans don’t recall seeing or hearing anything about their supreme court in the last year, according to Find Out Pac’s own polling.“This conversation that we’re having in Texas, around the importance of judicial races, is new for us as Democrats,” Jones said. “It’s not for the Republicans.” More