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.

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.

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.

Voting rights bill “For the People Act” advances in Senate over GOP objections

From today’s CBS News Online:

The Senate on Tuesday advanced S. 1, the For the People Act, setting up a floor vote for the controversial bill. Senators clashed over voting rights and election procedures for hours in a contentious committee meeting to consider amendments for the massive bill.

Democrats claim the legislation is necessary to counter new voting restrictions being considered by multiple states. But Republicans argued that the bill is a naked power grab, and voted down an amendment that would have made several changes to the legislation based on feedback from state and local election officials.

The committee deadlocked 9-9 along party lines on whether to approve the bill. The committee can’t report it out, but Senate rules allow Majority Leader Chuck Schumer to bring the bill to the floor. All nine Republicans voted against the bill, even though some amendments proposed by GOP senators had been adopted.

The House approved the For the People Act by a vote of 220 to 210 in March, with one Democrat joining all Republicans in voting against it. The bill would overhaul government ethics and campaign finance laws, and seek to strengthen voting rights by creating automatic voter registration and expanding access to early and absentee voting. It also includes some measures that would require states to overhaul their registration systems, limit states’ ability to remove people from voter rolls, increase federal funds for election security and reform the redistricting process.

In a sign of how critical the issue is for both parties, Schumer and Minority Leader Mitch McConnell both appeared at the “markup” session before the Senate Rules Committee, a rarity for committee meetings to consider bills.

In his statement, Schumer argued that there was a reactionary effort by states to limit voting rights, “led by one party and compelled by the most dishonest president in American history.” Several Republican-controlled states have recently passed or are considering legislation to restrict voting rights, in the wake of former President Donald Trump’s electoral loss and a rise in mail-in voting due to the coronavirus pandemic. Opponents argue such bills disproportionately affect minority and poorer voters, who tend to support the Democratic Party.

Read the complete article here.

Texas House Approves GOP-Backed Voting Restrictions Bill

From today’s NPR News Online:

Texas legislators approved new, more restrictive state election rules aftera session that lasted from Thursday night into the early hours of Friday. The GOP-backed state Senate bill passed the House at 3 a.m. (4 a.m. ET) after hours of debate over amendments proposed by Democrats.

The House version of the legislation, which differs significantly from what passed the state Senate, will now go to a conference committee to resolve the differences.

The measure would make it a felony to provide voters with an application to vote by mail if they hadn’t requested one, or to use any public funds to facilitate the third-party distribution of mail-in voting applications.

The ability for polling place “watchers” to be present throughout the day of the election is also expanded under the bill. It sets a high bar for when such observers can be taken out of a polling place. The bill states they can be removed “only if the watcher engages in activity that would constitute an offense related to the conduct of the election.”

But the version the House passed early Friday also stripped out some of the more contentious provisions seen in earlier iterations, such as a ban on drive-thru voting and restrictions on early voting schedules.

The legislation was criticized by Democrats, progressive groups and voting rights advocates as a “voter suppression bill.” Republicans such as state Rep. Jeff Leach view it as “sensible election integrity legislation that ensures and protects full access to the ballot box.” The bill, he tweeted shortly after 4:30 a.m. (5:30 a.m. ET), cracks down on “illegal activity” undermining elections, echoing the false claims that elections in November were not secure.

Read the complete article here.

Arizona near top of states for bills aimed at limiting voting rights

From today’s ABC 15 News Arizona:

Arizona lawmakers, who began the year with one of the highest number of voting restriction bills in the nation, are winding down a legislative session in which it appears only a few of those bills will survive.

But that doesn’t mean voting rights activists are happy.

Ryan Snow, associate counsel for the Lawyers’ Committee for Civil Rights Under Law, called it a “death by a million cuts.”

“Officials … have taken to erecting a litany of barriers that any one of which might sound on its face that it’s not that big of a deal,” Snow said. “But when you take them together, it creates a restrictive process that disproportionately affects voters of color, low-wealth voters, young voters and other politically disabled voters.”

Supporters of the bills disagree and say that the state – coming off the divisive 2020 election and in the midst of a contentious audit of Maricopa County’s returns – needs to restore faith in the election process and “ensure Arizona’s elections are fair and transparent.”

“In order to maintain voter trust in our elections, it is important to provide the necessary safeguards so that voters can be confident in casting their ballots,” said Noah Weinrich, press secretary for Heritage Action, in an emailed statement.

Arizona Republican lawmakers introduced the third-highest number of voting restriction bills this year, according to the Brennan Center for Justice at New York University, which said the state’s 23 bills trailed only Texas, with 49, and Georgia, with 25. Nationwide, 361 such bills were introduced, it said.

Read the complete article here.

Why Michigan Republicans’ Attack on Voting Rights is Grossly Anti-democratic

From today’s The Guardian:

On the surface, the Republican effort to roll back voting rights in Michigan looks similar to what’s happening in states around the country: after Donald Trump narrowly lost a key battleground state where there was record turnout, Republicans are moving swiftly to implement sweeping restrictions to curtail access to the ballot box.

But the effort is raising unique concerns. Even though the Michigan governor, Gretchen Whitmer, a Democrat, is likely to veto a package of dozens of pending bills to curb voter access, Republicans are already hinting they will use a loophole to implement the measures anyway. They can take advantage of a quirk in Michigan’s law allowing voters to send a bill to the legislature if just over 340,000 voters sign a petition asking them to take it up. These kinds of bills cannot be vetoed by the governor.

“This effort is particularly anti-democratic, not just in substance, but in procedure,” said the Michigan secretary of state, Jocelyn Benson, a Democrat who serves as the state’s top election official.

The proposals include measures that are breathtakingly restrictive, even when held up in comparison to other measures states are considering. One bill bans Michigan’s secretary of state not only from mailing out absentee ballot applications to all voters, but also blocks her from even providing a link on a state website to a mail-in ballot application. Another proposal does not allow voters to use absentee ballot drop boxes after 5pm the day before election day. A different measure would require voters to make a photocopy of their ID and mail it in to vote by mail.

The effort is being closely monitored in a state known for razor-thin elections and where Donald Trump and allies tried to overturn the result in 2020. Republicans are moving aggressively to put the new voting restrictions in place ahead of the 2022 elections, when there are races for governor, attorney general and secretary of state. Michigan also has several key swing congressional districts that will help determine who controls the US House of Representatives in Washington.

The new restrictions are also urgent for Republicans because they are about to lose one of their most powerful advantages in the state legislature. A decade ago, Republicans manipulated the boundaries of electoral districts in such a way that virtually guaranteed they would hold a majority of seats. That manipulation, called gerrymandering, has allowed Republicans to control the legislature since 2011.Advertisement

But in 2018, voters overwhelmingly approved a ballot measure to strip lawmakers of their ability to draw districts, giving the power to an independent commission. With the commission set to draw new districts later this year, the new restrictions may be Republicans’ last-ditch attempt to distort voting rules to give them an edge in elections.

“Everything from January 6 forward is about 2022 and ultimately 2024. I believe we should plan for and anticipate that the very forces that emerged in 2020 to try to undermine democracy will be back in full force, potentially stronger, in more positions of authority, to try again in 2024,” Benson said.

Read the complete article here.

Emergency meeting draws corporate leaders to discuss state voting laws

From today’s CBS News Online:

More than 100 of the nation’s top corporate leaders met virtually on Saturday to discuss ways for companies to continue responding to the passage of more restrictive voting laws across the country, a signal that the nation’s premier businesses are preparing a far more robust, organized response to the ongoing debate. 

With some CEOs chiming in from Augusta National Golf Club, site of the Masters golf tournament, attendees on the high-level Zoom call included leaders from the health care, media and transportation sectors and some of the nation’s leading law and investment firms.  

“The gathering was an enthusiastic voluntary statement of defiance against threats of reprisals for exercising their patriotic voices,” said Jeffrey Sonnenfeld, a Yale University management professor who helped organize the confab.  

The corporate leaders “recognize that they need to step up to the plate and are not fearful of these reprisals,” he added. “They’re showing a disdain for these political attacks. Not only are they fortifying each other, but they see that this spreading of disease of voter restrictions from Georgia to up to possibly 46 other states is based on a false premise and its’ anti-democratic.” 

The nonpartisan Brennan Center, which has been tracking voting law proposals across the country, found that lawmakers in 47 states have introduced 361 bills that would restrict voting access. Of those restrictive bills, at least 55 are currently moving through legislatures in 24 states. So far, 29 of them have passed one chamber, while 26 of them have made it through a committee vote. Overall, five bills have been signed into law, including Georgia’s in late March.

In the wake of Georgia’s new law, Delta Air Lines, Coca-Cola and Aflac Insurance, among other companies based in the Peach State, spoke out in opposition to the law. Republican leaders, including former president Trump, have in turn called for boycotts of the companies for speaking out. Liberal organizations, civil rights groups and some Democratic Party leaders have said the firms didn’t speak out forcefully enough or before passage of the law, a move they argue that might have stopped the law’s passage.

Read the complete article here.

Georgia’s shameful new voting laws are a product of GOP desperation

From today’s Washington Post:

The tableau of Georgia Gov. Brian Kemp signing a new elections law said it all: six White legislators flanking the Republican governor, his pen poised above a gleaming wood table. Behind them, a painting of the white-columned Callaway Plantation.

Not shown: the enslaved people who once picked cotton and raised livestock on the 3,000-acre plantation.

Not shown, either: Black state legislator Park Cannon, arrested by White state troopers after she knocked repeatedly to gain entrance to the bill-signing. Among other things, the new law makes it a crime — yes, a crime — to provide water or food to people waiting in line to vote.

Lawyers Criticize Arrest of Georgia Rep. Park Cannon

Welcome to 2021, where Republicans have embarked on a national effort to suppress the vote at all costs. And, not to avoid the obvious, to suppress Black votes, because those ballots would not be cast to Republican advantage.

“Un-American,” President Biden called it at his news conference Thursday, and he was right. “It’s sick. It’s sick.”

It’s also a product of GOP desperation to retain or regain power. Alice O’Lenick, chairwoman of the Gwinnett County election board, didn’t mince words about the need to tighten up voting rules in Georgia. After the “terrible elections cycle” in 2020, when Republicans lost both Georgia Senate seats and Biden won the state’s electoral votes, “I’m like a dog with a bone,” she told fellow Republicans in January. “I will not let them end this session without changing some of these laws. They don’t have to change all of them, but they’ve got to change the major parts so that we at least have a shot at winning.”

Conservative lawyer Michael Carvin, representing the Republican National Committee in an Arizona voting rights case before the Supreme Court earlier this month, was equally transparent — and transactional. When Justice Amy Coney Barrett asked why the RNC was involved in the case — in particular, why it had an interest in preventing people from having their votes counted if they were cast in the wrong precinct — Carvin didn’t bother to pretend this was about anything other than partisan politics.

“Because it puts us at a competitive disadvantage relative to Democrats,” he said. “Politics is a zero-sum game, and every extra vote they get through unlawful interpretations of [the Voting Rights Act] hurts us.”

A shot at winning. Politics as zero-sum game. Proof positive that this isn’t about the phantom menace of voter fraud. It’s about making it as hard as possible for voters who aren’t inclined in Republicans’ favor to have their ballots cast or counted. You can debate whether the impact on voters of color is an intended feature or a problematic bug, but it’s an undeniable reality.

The new Georgia law stands as Exhibit A in the 2021 campaign to curtail voting rights but will not be the year’s last. Its final form was not quite as repulsive as initial proposals. Provisions to end early voting on Sundays — which happen to be “souls to the polls” turnout days at Black churches — were dropped. Weekend voting hours were expanded instead.

Read the complete article here.