How Voting Rights Activists Navigate New Restrictions For 2022 elections

From today’s CNN Online:

When activist Tammye Pettyjohn Jones knocks on voters’ doors in her rural corner of Georgia this month, she’ll have a new tool in hand: a portable printer.

sweeping voting law Georgia enacted this year now requires voters who do not have a driver’s license or state ID to provide a copy of another form of identification with their absentee ballot application. So Pettyjohn Jones and other volunteers with Sisters in Service of Southwest Georgia plan to take photos of that identification and print them out on the spot for voters to submit along with their absentee ballot applications.

“You don’t have time to hem and haw about how hard it is” to vote, said PettyJohn Jones, who is working to turn out voters ahead of November’s municipal elections in places like Americus, Georgia. “You’ve got to go into a problem-solving mode.”

In states from Georgia to Montana, activists are scrambling to help voters navigate the new restrictions passed largely in Republican-controlled states after record turnout in 2020 helped elect President Joe Biden and flipped control of the US Senate to Democrats. In Florida, for example, some organizations have taken iPads into the field so voters could use the devices to register to vote on their own, said Brad Ashwell of All Voting is Local Florida.

That helps the organizations bypass a little-noticed provision of Florida’s new law — one that requires third-party groups registering voters to deliver a mandatory disclaimer that they “might not” deliver registration materials to election offices in time. Activists say that’s a misleading statement aimed at curbing voter registration drives.

In neighboring Georgia, meanwhile, the New Georgia Project plans to train a cadre of criminal and civil rights lawyers on the nuances of the state’s 98-page voting law so they can assist voters who encounter problems on Election Day.

The lawyers will be deployed to help next month in Atlanta, during the city’s high-profile mayoral election, and their work will serve as a pilot project for the 2022 midterms, said Aklima Khondoker, the group’s chief legal officer.

Georgia is one of 19 states that have passed 33 new laws this year to restrict voting, according to an updated tally by the liberal-leaning Brennan Center for Justice at New York University’s law school. But some of the most extensive changes are clustered in just a handful. Four states — Iowa, Georgia, Florida and Texas — enacted sweeping revisions of their existing laws, bundled together in single omnibus bills.

Read the complete story here.

Ohio is Part of a Shameful Trend to Erect Barriers to Voting in America

From today’s Columbus Dispatch:

At the heart of our country’s political debates are questions about our values and perspectives on legislating our deeper beliefs about right and wrong, relationships and priorities.

As a pastor and a citizen, when I weigh in on our country’s political debates, I strive to apply the principles of loving our neighbors and honoring the dignity of every person.

As I look at the bills in Congress and at the Statehouse in Columbus right now that would make voting more difficult for US citizens and Ohioans, I see no dignity or honor.

That these bills specifically target Black voters is even worse.

Ohio’s House Bill 294, currently under consideration in the Statehouse, proposes to drastically cut back voters’ access to secure drop boxes for ballots, which were crucial to ensuring strong turnout during the pandemic.

This bill would also cut back early voting and make absentee voting more onerous. Not coincidentally, these safe and verified voting methods are used by many Black voters, and the bill contains no corresponding proposals that would disproportionately disenfranchise white voters.

This shouldn’t surprise anyone, but it should shock our conscience.

Ohio is part of a shameful trend. Eighteen state legislatures, all controlled by Republican politicians, have begun erecting new barriers to voting that target Black, Brown and Native American voters.

Read the complete story here.

Texas Sues Biden Administration Over Transgender Worker Rights

From today’s Forbes Online:

Texas Attorney General Ken Paxton filed a lawsuit against the Biden administration on Monday, seeking to block enforcement of guidance focused on transgender workers and employment discrimination, which was released by the Equal Employment Opportunity Commission (EEOC) last year, arguing that it is “unlawful” and “increases the scope of liability for all employers.”

The complaint was filed in the U.S. District Court Northern District of Texas against Equal Employment Opportunity Commission Chair Charlotte Burrows and U.S. Attorney General Merrick Garland.

Paxton claims in the lawsuit that the EEOC violated Title VII of the Civil Rights Act of 1964, which came under scrutiny in the landmark U.S. Supreme Court ruling last year, Bostock v. Clayton County, in which the court found that Title VII protects employees against discrimination because they are gay or transgender, according to the Texas Tribune.

The EEOC guidance, released in June following that ruling, said that employers couldn’t stop employees from dressing according to their gender identity and transgender employees couldn’t be denied from entering bathrooms, locker rooms or showers that correspond with their gender identity, according to The Hill.

Paxton said in the lawsuit that the guidance “misstates the law, increasing the scope of liability for the State in its capacity as an employer” and “allows private individuals to sue their employers for violating EEOC’s interpretation of Title VII.”

Read the complete story here.

Eighteen states have enacted new laws that make it harder to vote

From today’s CNN Online:

Eighteen states have enacted 30 new laws that make it harder to vote, according to a new tally by the liberal-leaning Brennan Center for Justice that tracks state activity through July 14.

Eighteen states have enacted 30 new laws since the 2020 election
that make it harder to vote

Among the most common provisions, according to Brennan’s researchers: Measures in seven states that either expand officials’ ability to purge voters from the registration rolls or put voters at risk at having their names improperly removed. Those laws were enacted in Arizona, Iowa, Florida, Kentucky, Louisiana, Texas and Utah, the center found.

Three of the 18 states with new voting restrictions have passed sweeping, omnibus bills that cover a broad range of voting activity: FloridaGeorgia and Iowa.

Republican attempts to pass an omnibus bill in Texas have been thwarted by Democratic state lawmakers who fled the state to deny Republican lawmakers from obtaining the quorum needed to conduct business. But their departure is likely to only delay action. Texas Republican Gov. Greg Abbott has promised to call more special sessions to advance Republicans’ election proposals.

Brennan’s tally of individual statutes that restrict voting shows Arkansas and Montana leading the way, with four new laws apiece. Arizona was in second place with three new laws, including one that makes it harder to remain on the state’s absentee voting list.

Texas Democrats Flee State to Highlight G.O.P. Voting Restrictions

From today’s New York Times:

Texas Democrats fled the state on Monday in a last-ditch effort to prevent the passage of a restrictive new voting law in the Republican-controlled legislature, heading to Washington to draw attention to what they portray as a damaging assault on the right to cast a ballot.

Democrats from the Texas State Legislature held a news conference outside the State Capitol in Austin last week.

The group left Austin in midafternoon on a pair of chartered flights that were scheduled to arrive by the early evening. An official involved with the effort said more than 51 of the 67 State House Democrats members had signed on, enough to prevent Texas Republicans from attaining a quorum, which is required to conduct state business.

But the Democrats’ move also lays bare their limited options in a legislature where the Republicans hold the majority in both chambers. Parliamentary procedures and efforts to add amendments can delay the process but not derail it, and leaving the state to prevent a quorum, Republicans said Monday, would ultimately fail as well.

Representative Briscoe Cain, a Houston-area Republican who chairs the House Elections Committee, said Democrats’ departure from the state “slows things down” but would not prevent Republicans from ultimately passing the G.O.P.-backed voter overhaul bill in the 30-day special session.

Read more here.

In 6-3 Split, Supreme Court Says Arizona Limits Do Not Violate Voting Rights Act

From today’s CNN Online:

The Supreme Court on Thursday said two provisions of an Arizona voting law that restrict how ballots can be cast do not violate the historic Voting Rights Act that bars regulations that result in racial discrimination.

The ruling will limit the ability of minorities to challenge state laws in the future that they say are discriminatory under the Voting Rights Act.

The vote in the case is 6-3 breaking along conservative-liberal ideological lines. Justice Samuel Alito delivered the majority opinion.

The case comes as several Republican-led states, encouraged by former President Donald Trump’s unfounded claims of widespread voter fraud, are considering more restrictive laws and Democrats are fighting a frantic battle in courts to combat what President Joe Biden has called an “assault on democracy.”

The court upheld two provisions of the Arizona law. The first provision says in-person ballots cast at the wrong precinct on Election Day must be wholly discarded. Another provision restricts a practice known as “ballot collection,” requiring that only family caregivers, mail carriers and election officials can deliver another person’s completed ballot to a polling place.

“Neither Arizona’s out-of-precinct rule nor its ballot-collection law violates §2 of the VRA,” Alito wrote. “Arizona’s out-of-precinct rule enforces the requirement that voters who choose to vote in person on election day must do so in their assigned precincts. Having to identify one’s own polling place and then travel there to vote does not exceed the “usual burdens of voting.'”

Read the complete article here.

Voting rights activists on ‘Freedom Ride’ say work will continue after Senate GOP blocks election reform

From today’s Washington Post:

It didn’t matter to LaTosha Brown and Cliff Albright that Senate Republicans blocked debate on key voting rights legislation this week. Or that Democrats appear to be unwilling to end the filibuster to pass the election reform bill. The co-founders of Black Voters Matter continued their trek to Washington in a bus wrapped in the images and fueled by the spirit of the 1960s activists whose work they say is being threatened by a barrage of state laws restricting voting rights.

Just as it took intense public pressure to force Congress and President Lyndon B. Johnson to pass the Voting Rights Act in 1965, groups like Black Voters Matter have stepped up their efforts to push the federal government to again intervene to protect voting rights for people of color and young and low-income Americans.

“Democracy is nonnegotiable for us,” Brown said as she and Albright were in the midst of a week-long “Freedom Ride” through the South en route to the nation’s capital. “We’re still going to do everything in our power to push for this. One man or one session is not going to shut it down for us.”

Voting rights has emerged as the top issue for activists and organizers this summer and they are using myriad strategies to call attention to what they describe as an assault on democracy. Stacey Abrams, founder of Fair Fight, launched “Hot Call Summer,” aimed at getting young voters to flood Senate offices with daily telephone calls in support of voting rights.

Abrams also was undaunted by Tuesday’s lack of action in the Senate. “One vote is not going to determine whether or not we have the ability to save our democracy,” said Abrams, a former Georgia gubernatorial candidate and a leader of the Democrats’ voting rights push. “Winning sooner is always better than winning later, but our responsibility is the same responsibility that those who fought in the 1960s had.”

Read the complete article here.

Opinion: The Really Big Fight on Voting Rights Is Just Around the Corner

From today’s New York Times:

With the For the People Act on indefinite hold after a filibuster by Republicans in the Senate on Tuesday, the Voting Rights Act is about to return to center stage in Washington. The Supreme Court will soon decide a case on how a crucial part of the landmark law applies to voting laws challenged as racially discriminatory.

The country is already roiling with controversies over whether a variety of post-2020 state voting changes reflect legitimate policy concerns or racially discriminatory ones.

In Congress, Senators Joe Manchin and Lisa Murkowski have turned a spotlight on the Voting Rights Act with their endorsement of a version of the John Lewis Voting Rights Act. It would reaffirm Congress’s central role in protecting the right to vote against racially discriminatory changes and give the Justice Department (or, in Mr. Manchin’s version, the federal courts) the critical power to approve changes that are legitimate and block those that are invidious.

The John Lewis Act might well offer the best chance of new national legislation protecting the right to vote in America, and its significance is best seen in historical context, especially that of two Supreme Court cases.

The John Lewis Act would restore provisions of the Voting Rights Act (Sections 4 and 5) that were effectively invalidated by the 2013 case Shelby County v. Holder. When enacted in 1965, these provisions identified certain parts of the country and put their voting systems under a regime of federal control. These areas had to submit voting changes to the federal government, which had the power to block a proposal if it would diminish minority voter power. The federal government does not normally have veto power over state laws, but Section 5 created one.

Congress identified those areas based on voting practices in 1964. This coverage formula mainly singled out the states where extensive disenfranchisement had been in effect since the turn of the 20th century — especially since a Supreme Court case from 1903, Gilesv. Harris.

Read the complete article here.

Texas Democrats’ walkout sets up epic battle over voting rights

From today’s The Hill Online:

Texas legislators are gearing up for a titanic battle over a Republican effort to overhaul voting procedures after Democrats conspired to block its passage late Sunday night.

Texas Voting Bill Nears Passage as Republicans Advance It - The New York  Times

The omnibus legislative package came to a screeching halt after Democrats quietly abandoned the floor of the state House, denying Republicans the quorum they needed to pass the bill in the session’s waning hours.

In an echo of a previous exodus 18 years ago, when state House members fled across state lines to Oklahoma to delay a redistricting plan led by then-U.S. House Majority Leader Tom DeLay (R), Democrats managed to exit the legislature on Sunday without attracting Republican attention. 

Democrats began considering walking out earlier on Sunday, when senior Black and Latino members started urging their colleagues to slip out. Those minority Democrats were enraged by last-minute provisions added to the House version of the election overhaul that more closely mirrored the Senate version, which would have made it easier for a judge to overturn election results.

About 45 House Democrats were off the floor before 9 p.m. By the time a final text message to Democratic members urged them to clear out at 10:35 p.m., the House faced a midnight deadline that the elections overhaul failed to meet.

“Not only was there a will to do this but we had a way to do it successfully,” state Rep. Trey Martinez Fischer (D), one of the ringleaders of the exodus, told The Hill.

Read the complete article here.

The Democrats Are Walking Right into a Trap on Voting Rights Bills

From today’s Slate Online:

The battle over voting rights in Congress has entered a critical stage. The Greeks have now rolled a large wooden horse up to the gates of Troy. Some among the Trojans believe the Greek Army has left. The debate now is whether to open the gates and bring the gift into the city.

It is our strong view that that would be a mistake.

The Trojan horse in this story is an idea floated by Sen. Joe Manchin of West Virginia, the key vote in the Senate for any voting rights or democracy reform. Manchin, desperate to find bipartisan support for democracy legislation, has now signaled that he believes he could secure such agreement for the John Lewis Voting Rights Act, H.R.4, at least if its provisions were expanded to cover the nation as a whole. And while he has not yet said this critical part definitively, the implication is that Congress should pass that bill with bipartisan support, and leave to another day the much more comprehensive democracy reform package also being considered by the Senate just now, the For the People Act, otherwise known as H.R.1 or S.1.

The battle over voting rights in Congress has entered a critical stage. The Greeks have now rolled a large wooden horse up to the gates of Troy. Some among the Trojans believe the Greek Army has left. The debate now is whether to open the gates and bring the gift into the city.

It is our strong view that that would be a mistake.

The Trojan horse in this story is an idea floated by Sen. Joe Manchin of West Virginia, the key vote in the Senate for any voting rights or democracy reform. Manchin, desperate to find bipartisan support for democracy legislation, has now signaled that he believes he could secure such agreement for the John Lewis Voting Rights Act, H.R.4, at least if its provisions were expanded to cover the nation as a whole. And while he has not yet said this critical part definitively, the implication is that Congress should pass that bill with bipartisan support, and leave to another day the much more comprehensive democracy reform package also being considered by the Senate just now, the For the People Act, otherwise known as H.R.1 or S.1.ADVERTISEMENT

We strongly support H.R.4, and firmly believe that the constitution, properly interpreted, would support it. But we are also fully convinced that a clear majority on this Supreme Court would invalidate H.R.4 — even more certainly with Joe Manchin’s amendment. And because the reasons for that invalidation are so clear in the opinions of those justices, we are not convinced that offers of bipartisan support for H.R.4 are in good faith. We don’t doubt Senator Manchin’s intentions—he has long signaled his strong support for both voting rights in particular and democracy reform generally. But we are convinced that at least some on the right see an expanded H.R.4 as a simple way to give voting rights reform a temporary victory, but one certain to be undone by the Supreme Court after the sun sets on this Congress.

H.R.4 is a response to the Supreme Court’s 2013 decision in Shelby County v. Holder sidelining section 5 of the Voting Rights Act. That provision had required certain jurisdictions to preclear changes in voting laws, so as to give the Justice Department a chance to verify that those changes did not wrongfully impact minority voters. The Supreme Court rejected that system in 2013, finding, in the words of Chief Justice John Roberts, that “things had changed,” and that Congress could no longer simply presume the systematic racism that had justified the Voting Rights Act in 1965. To continue to regulate these jurisdictions in particular, Congress would have to make new findings to prove to the court that the racism of the past continues to this day.

That showing would be difficult enough, given the character of this Supreme Court. But even if it could be sustained in some jurisdictions, Senator Manchin’s idea to extend the remedy to all of America would certainly fail the Supreme Court’s test. Thus, even if Manchin could make good on his promise and get his version through Congress, it would, in our view, certainly be struck down by this Supreme Court. And Congress would have squandered its best opportunity for much-needed democracy reform by passing a proposal that is precisely contrary to what the current Court has determined is constitutional

The alternative to H.R.4 is H.R.1 — an omnibus reform package that includes, among other provisions, much more comprehensive voting rights reform, also penned by John Lewis, as well as gerrymandering reform and, for the first time ever, a way for congressional candidates to fund effective campaigns with small-dollar contributions only.

Read the complete article here.