GOP leaders ask U.S. Supreme Court to halt Pennsylvania voting extension

From today’s Pittsburgh Post-Gazette:

The two top Republicans in Pennsylvania’s Senate petitioned the U.S. Supreme Court on Monday to put a halt to the three-day extension for counties to receive and count mail-in ballots this November.

At issue is the Pennsylvania Supreme Court’s ruling this month that mail-in ballots postmarked by 8 p.m. on Election Day and delivered to county offices by mail during the three days following the Nov. 3 election — as long as they’re received by 5 p.m. Nov. 6 — shall be counted.

Arguing that the state Supreme Court violated federal law and the U.S. Constitution by altering the rules of the election and superseding the legislature’s authority, Republicans are asking the nation’s highest court to restore the original received-by ballot deadline — 8 p.m. on Election Day — pending the outcome of their forthcoming request for the court to review the ruling. 

Lawyers for Senate President Pro Tempore Joe Scarnati, R-Jefferson, and Majority Leader Jake Corman, R-Centre, argue that the Pennsylvania court “rewrote” the state’s law governing federal elections and violated the constitution, “sowing chaos into the electoral process mere weeks before the already intricate November General Election.”

“This is an open invitation to voters to cast their ballots after Election Day, thereby injecting chaos and the potential for gamesmanship into what was an orderly and secure schedule of clear, bright-line deadlines,” the Republicans claimed, alleging that the state ruling mandates that county elections offices count ballots “even if they lack a legible postmark or any postmark at all.”

The Senate leaders claim that if the Supreme Court doesn’t act, it will open the door for lower federal and state courts across the country to change deadlines before the election.

“Absent a stay, the machinery of the election will continue inexorably towards Election Day,” they wrote in the petition. “With each passing day, more and more voters will learn that the deadline is not Election Day — as established by statute — but three days after Election Day.”

In its Sept. 17 ruling, the Supreme Court of Pennsylvania determined that voters can’t exercise their right to vote if the deadline passes and their applications are stuck in a postal facility because of United States Postal Service delays.

Read the complete article here.

How Republicans Undermined Ex-Felon Voting Rights in Florida

From today’s New York Times:

Jeff Gruver voted for the first time ever in March, casting an enthusiastic ballot for Bernie Sanders in Florida’s presidential primary.

He was planning to vote for Joseph R. Biden Jr. in November until he found out on Friday he would not be voting at all. A federal appeals court ruled that Floridians with felony criminal records like himself would be ineligible to vote unless they paid back all their outstanding court fines and fees — in his case, at least $801.

He does not have the money. And he does not want to take any risk that his vote could be deemed illegal. Like more than a million other former felons, he has found that even an overwhelming 2018 vote in favor of a state referendum to restore voting rights to most people who had served their sentences does not necessarily mean that they will ever get to vote.

Instead, how a landmark vote to restore former felons’ rights in Florida ended up gutted last week is a cautionary tale about the messy process of citizen-led ballot initiatives and how a dominant political party can exert its power long after voters have spoken on Election Day.

“The political climate in Florida — it just kind of feels rigged by one group in power over the other,” said Mr. Gruver, 34, who runs a homeless shelter in Gainesville and more than a decade ago did a total of about 10 months in jail for cocaine possession and violating the terms of his probation.

The roller coaster for people like Mr. Gruver has played out like this: Nearly 65 percent of Florida voters approved amending the State Constitution to restore the franchise of former felons, excluding those convicted of murder or sexual offenses, but the state’s Republican lawmakers and governor severely restricted the effort. A 2019 law requiring the payment of court fines and fees was found unconstitutional in May, but the appeals court overturned that ruling less than two months before the presidential election. Five of the six votes to uphold the additional requirements for the restoration of voting rights came from judges appointed to the court by President Trump.

Read the complete article here.

One Million Primary Ballots Were Mailed Late, Postal Service Watchdog Says

From today’s New York Times:

More than one million mail-in ballots were sent late to voters during the 2020 primary elections, an internal Postal Service audit found, underscoring deep concerns about whether the agency has the ability to process what is expected to be a major increase in mail-in votes for the presidential election in November.

In a survey of mail-in ballots sent during primaries from June 2 to Aug. 13, the agency’s inspector general found that election boards across the country had sent more than one million ballots during the final week of the election, putting those votes at “high risk” of not making it back to officials in time to be counted. Hundreds of ballots were mailed after elections were over — meaning they could not be counted — and only a small percentage used the proper tracking procedures, the audit found.

With at least three-quarters of Americans eligible to receive a ballot in the mail in 2020 — the most in history — and about 80 million mail ballots expected to flood election offices this fall amid the coronavirus pandemic, the findings raised questions about whether the Postal Service would be able to handle the crush of votes.

“While the Postal Service has made progress in preparing for the 2020 general election, there are concerns surrounding integrating stakeholder processes with Postal Service processes to help ensure the timely delivery of election and political mail,” the auditors wrote.

The audit largely blamed local elections officials for mailing the ballots at the last minute in response to requests from voters, but it noted that the Postal Service should build “strong relationships” with local elections officials to ensure that they adjust their deadlines.

The findings come at a time of heightened scrutiny of the Postal Service, as President Trump claims without evidence that voting by mail is fraudulent and Louis DeJoy, the new postmaster general and an ally of Mr. Trump’s, has made operational changes that have coincided with a slowdown in mail deliveries. The situation has prompted widespread concern among Democrats that the president is seeking to interfere with the mail to bolster his re-election chances or sow distrust about the ultimate result.

Read the complete article here.

New TN law penalizes protesters with felony and loss of voting rights

From today’s CNN Online:

Tennessee Gov. Bill Lee signed legislation on Thursday that will increase penalties for individuals caught camping on state property.

Bill HB 8005 increases the punishment for camping on state property from a misdemeanor to a class E felony that is punishable by up to six years in prison.

Signing of the bill comes as protesters have been camping outside the Tennessee Capitol in Nashville, demanding a meeting with the Republican governor to discuss racial inequality and police brutality since June, according to the Washington Post. Protesters are also asking for the removal of a Nathan Bedford Forrest bust at the State Capitol. Forrest was a slave trader and early Ku Klux Klan leader.

Campers would first be given a warning and those who refuse to leave would then be charged with a felony. Notably, convicted felons in Tennessee lose their right to vote, which could be a major blow to protesters amid a high-stakes election year.

Lee’s signing of the bill comes just one week after the GOP-controlled General Assembly first passed the legislation. At the time, Lieutenant Governor and Speaker of the Senate Randy McNally, a Republican, touted the bill as a preventative measure against the forming of autonomous zones like the ones in other major cities.

“It is to prevent what has happened in other cities like Portland and Washington, DC,” McNally said at a news conference after the measure passed. “If people, knowingly violate the law, knowingly thumb their nose at authority and don’t do what authorities have requested they do, they should be charged with a serious crime.”

The bill’s sponsor, Republican House Majority Leader William Lamberth, said at the same news conference that the bill was to crack down on “criminal elements” and protect law enforcement officers.

Read the complete article here.

Florida fight over felon voting rights playing out at US Supreme Court

From the South Florida Sun-Sentiel:

A battle over voting rights in Florida is playing out at the U.S. Supreme Court, with the ability of hundreds of thousands of felons to cast ballots in this year’s elections at stake.

Attorneys for the state and voting-rights groups filed briefs this week at the Supreme Court as they continue wrangling over a challenge to a 2019 state law requiring felons to pay “legal financial obligations” — fees, fines, costs and restitution — to be eligible to vote. Voting-rights groups argue that linking voting rights and finances amounts to an unconstitutional “poll tax.”

The state law was aimed at carrying out a 2018 constitutional amendment that restored voting rights to felons “upon completion of all terms of sentence, including parole or probation.”

The voting-rights groups went to the Supreme Court last week after an Atlanta-based appeals court put on hold a ruling by U.S. District Judge Robert Hinkle, who said the state cannot deny voting rights to felons who cannot afford to pay court-ordered financial obligations associated with their convictions.

The plaintiffs are challenging the hold, saying it would block felons from voting in the August primary elections and could prevent them from casting ballots in November.

But in a response filed Tuesday at the Supreme Court, lawyers for Gov. Ron DeSantis said the stay on Hinkle’s decision issued July 1 by the 11th U.S. Circuit Court of Appeals should remain intact.

Hinkle’s May decision, which said that depriving poor felons of the right to vote is unconstitutional wealth-based discrimination, laid out a process for state elections officials to use to determine voters’ eligibility. Under the procedure, hundreds of thousands of felons who have served their time behind bars would be able to register and vote in the Aug. 18 and Nov. 3 elections without taking any additional action.

Read the complete article here.

Iowa’s GOP governor pledges to restore voting rights to some felons

From today’s Reuters News Service:

Iowa Governor Kim Reynolds has committed to restoring voting rights to those with past felony convictions, according to a Radio Iowa report, potentially expanding the electorate in a state that could be competitive in the Nov. 3 presidential election.

Most U.S. states restrict voting for some people with felony convictions, but Iowa is the last state where felons are barred from voting even after serving their sentences, unless they successfully apply to the governor for restoration.

The rule disenfranchised 2.2% of Iowa’s voting-age population and 9.8% of African Americans in 2016, according to The Sentencing Project, a nonprofit organization that works on criminal justice.

Reynolds, a Republican, made the pledge on Tuesday, a day after she met with Black Lives Matter activists, who have held demonstrations in several Iowa cities since the death of George Floyd in police custody in Minneapolis last month.

Reynolds told reporters she was consulting with “various groups,” but would issue an executive order on voting rights for felons before the November election, Radio Iowa reported.

She did not go into detail about the terms of the order, and her office did not immediately respond to a Reuters request for comment.

Earlier this month, Reynolds signed a bill that would require felons to pay financial damages owed as part of their sentence, as well as serving their prison time, before regaining the right to vote.

A similar rule on financial obligations in Florida was struck down by a federal court last month, after voting rights groups argued it constituted a poll tax. Florida Governor Ron DeSantis, a Republican, has appealed the ruling.

Read the complete article here.

LeBron James to Push Voting Rights in Historically Significant Athlete-Led Political Campaign

From today’s Forbes Magazine:

It is fair to say LeBron James is launching one of the most important athlete political campaign in history. As Georgia’s primary elections this week turned into a voting meltdown, it’s become even more apparent one of the biggest unknowns heading into Election Day is if U.S. citizens will actually be able to vote. Those who are unable to vote cannot enact change at the ballot box, destroying our democracy.

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James is forming a voting rights organization along with several other prominent Black athletes and entertainers. The group, called More Than a Vote, will go beyond traditional get-out-the-vote campaigns. It will combat voter suppression, with James using his gigantic presence on social media to shed light on attempts to restrict voting access for minorities.

“Because of everything that’s going on, people are finally starting to listen to us — we feel like we’re finally getting a foot in the door,” James told the New York Timesin an interview. “How long is up to us. We don’t know. But we feel like we’re getting some ears and some attention, and this is the time for us to finally make a difference.”

James and his longtime business partner, Maverick Carter, are putting up the initial funding for the group. Multiple former and current pro basketball players, including Trae Young, Draymond Green, Jalen Rose and WNBA guard Skylar Diggins-Smith. Comedian Kevin Hart and Saints running back Alvin Kamara have reportedly committed to the group as well.

With a nation outraged over the killing of George Floyd and police violence against Black people, athletes are filling the leadership void. They are also being rewarded for their activism, with Converse signing Washington Mystics guard Natasha Cloud to a lucrative endorsement contract because of her outspokenness. Cloud, who is openly gay, published a poignant essay about white complicity in systemic racism, titled “Your Silence is a Knee on My Neck.”

Labor council to Seattle police union: Address racism or get out

From today’s Crosscut Online:

The largest labor coalition in King County is giving the Seattle Police Officers Guild an ultimatum: acknowledge and address racism in law enforcement and in their union or risk being kicked out of the group.

In a vote Thursday, executive members of the King County Labor Coalition — a sort of union of unions — passed a resolution laying out tasks for the police guild, which represents over 1,000 rank-and-file officers.

SPOG must state that racism is an issue in law enforcement and within its own organization. The union must participate in workgroups focused on addressing racism in the union. It must commit to police contracts that do not evade accountability. And there must be consequences when professional standards are not followed and harm is done.

Jane Hopkins, executive vice president of SEIU 1199, said she wants to hear the head of the union, Mike Solan, say, “Black lives matter,” and to mean it.

The labor council is basically giving the police union one last opportunity to reform itself. SPOG has until June 17 to meet these demands, or the council will vote on whether to throw it out of the organization.

The resolution, which was brought forward by health workers’ SEIU1199 and grocery workers’ UFCW 21, also calls on Mayor Jenny Durkan to move swiftly and prioritize strong police accountability in the next round of labor negotiations with the union and to reconsider investments in law enforcement. It calls on City Attorney Pete Holmes to not prosecute protesters. 

The resolution is a dramatic turnaround for the labor council, which welcomed the police union into its ranks in late 2014 and had fought on its behalf ever since. Labor council representatives even hosted a press conference in 2018, calling on the Seattle City Council to ratify a new contract with the police union.

Read the complete article here.

Here’s how to hold police accountable: Don’t let their unions give money to prosecutors

From today’s Los Angeles Times:

Amid reports from across the country about escalating clashes between protesters and law enforcement, it’s worth looking underneath the images for the roots of the outrage. It is the extrajudicial killings of unarmed people by police, and not the protests against them, that too often spark the cycle of violence and death in the United States. It is the cruel and unyielding knee on the neck of George Floyd in Minneapolis, and thousands of other police officer knees, fists and trigger fingers that undermine public safety and instill fear.

That’s why we need to demand accountability and change from law enforcement and the criminal justice establishment that too often shrugs at police violence.

The ties that bind elected officials to police unions must be broken. District attorneys and other elected prosecutors should reject campaign donations and endorsements from law enforcement labor groups, because union support compromises a prosecutor’s independence and clouds the decision over whether to criminally charge police who abuse their power. It diminishes a D.A.’s incentive to seek out and share with defense lawyers — as the 6th Amendment requires — the names of officers whose past misconduct undermines their value as prosecution witnesses. It undercuts a D.A.’s impulse to fight laws that hide from the public the names of problem officers.

Bar associations should revise their ethics rules to forbid candidates for district attorney (and city prosecutor and state’s attorney) to accept police union money. Lawmakers should adopt laws to likewise prohibit the practice — although they will find it easier to do if they, too, say no to police union largess.

Police unions have every right to advocate for the pay, benefits and working conditions of their members. But one of their tasks is to defend officers in misconduct cases, and that makes the conflict of interest readily apparent. An elected official considering whether to prosecute officers should not be, in essence, on the political payroll of the agency defending the very same people.

Read the complete article here.

Trump threatens funds for states that make it easier to vote in pandemic

From today’s Los Angeles Times:

President Trump on Wednesday threatened to hold up federal funds for two election battleground states that are trying to make it easier and safer to vote during the coronavirus pandemic.

The president’s tweets targeting Michigan and Nevada marked an escalation in his campaign against voting by mail, a practice that he has publicly worried will lead so many people to vote that Republicans will lose in November. Even though the Centers for Disease Control and Prevention recommends mail voting as a safe option during the pandemic, Trump has opposed the spread of the practice.

Wednesday marked the first time he has tried to use federal dollars to beat it back. Trump began by targeting Michigan, with a false description of Democratic Secretary of State Jocelyn Benson’s announcement Tuesday that she would send applications for absentee ballots to every voter in the state and branding it as an invitation to voter fraud.ADVERTISING

“Michigan sends absentee ballots to 7.7 million people ahead of Primaries and the General Election,” Trump tweeted Wednesday morning, That brought strong criticism from Michigan and elsewhere, pointing out that the state was sending applications, not actual ballots.

About six hours after his original tweet, Trump corrected it to say “absentee ballot applications.” He kept the rest intact: “This was done illegally and without authorization by a rogue Secretary of State. I will ask to hold up funding to Michigan if they want to go down this Voter Fraud path!”

Trump later made a similar threat against Nevada, which has sent ballots to voters for its June 9 state primary. A federal judge recently cleared Nevada’s decision to mail ballots, which were sent by the Republican secretary of state.

Read the complete article here.