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.

SCOTUS questions need for restrictive voting laws in Voting Rights Act case

From NBC News Online:

Supreme Court justices asked skeptical questions Tuesday about Arizona election laws in a case that has emerged as an important test of the Voting Rights Act.

The case is about whether two state laws violate Section 2 of the act: One blocks the counting of ballots cast in the wrong precinct, and another prohibits anyone other than a family member or caregiver from collecting and delivering a voter’s absentee ballot.

On one side is the state of Arizona and Republicans, who want to keep the strict laws on the books and argue they prevent fraud. And on the other side are Democrats, who want the laws stricken and argue the rules prevent voters, particularly minorities, from accessing the ballot.

The voting restrictions are being fought in a state where Republicans have dominated local and national races for generations but where recently Democrats have gained traction and won both U.S. Senate seats and the presidential contest last year. The outcome of the case could have far-reaching implications for voting laws in other states, too.

Chief Justice John Roberts and Justice Amy Coney Barrett, two Republican appointees and potentially pivotal votes in the case, appeared to be wrestling with the arguments as they asked tough questions of lawyers on both sides.

Roberts asked the Arizona GOP lawyer, who is defending the laws, why it’s “a bad thing” for election procedures to seek “racial proportionality.”

Later, he pressed the Democrats’ lawyer to define what it would take in their opinion to make a law unacceptable. “What if the provision results in a 1 percent decline in participation by minority voters — is that substantial enough?” he asked.

Barrett told Arizona’s state lawyer that there were “some contradictions” in his argument and that his task was to show why the changes in laws preserved equal “opportunity” for white and nonwhite voters.

But later, she appeared torn about whether Arizona’s laws cross the line. “There’s a difficulty that the statutory language and its lack of clarity presents in trying to figure out when something crosses from an inconvenience to a burden,” Barrett said.

Read the complete article here.

U.S. voting rights activist Stacey Abrams nominated for Nobel Peace Prize

From today’s Reuter’s Online:

U.S. voting rights activist and Democratic Party politician Stacey Abrams has been nominated for this year’s Nobel Peace Prize for her work to promote nonviolent change via the ballot box, a Norwegian lawmaker said on Monday.

Abrams, whose work was credited with boosting voter turnout last year, helping Joe Biden win the U.S. presidency, joins a long list of nominees, including both former President Donald Trump and his son-in-law, former White House adviser Jared Kushner.

“Abrams’ work follows in Dr. Martin Luther King Jr.’s footsteps in the fight for equality before the law and for civil rights,” said Lars Haltbrekken, a Socialist Party member of Norway’s parliament.

King, a Baptist minister who became a leader of the 1960s civil rights movement, won the Nobel prize in 1964 and remains among its most famous laureates.

“Abrams’ efforts to complete King’s work are crucial if the United States of America shall succeed in its effort to create fraternity between all its peoples and a peaceful and just society,” Haltbrekken said.

Thousands of people, from members of parliaments worldwide to former winners, are eligible to propose candidates, and a nomination does not imply endorsement from the Nobel committee in Oslo.

Read the complete article here.

Republicans considering more than 100 bills to restrict Americans’ voting rights

From today’s The Guardian Online:

After an election filled with misinformation and lies about fraud, Republicans have doubled down with a surge of bills to further restrict voting access in recent months, according to a new analysis by the Brennan Center for Justice.

There are currently 106 pending bills across 28 states that would restrict access to voting, according to the data. That’s a sharp increase from nearly a year ago, when there were 35 restrictive bills pending across 15 states.

Among the Brennan Center’s findings:

  • More than a third of the bills would place new restrictions on voting by mail
  • Pennsylvania has 14 pending proposals for new voter restrictions, the most in the country. It’s followed by New Hampshire (11), Missouri (9), and Mississippi, New Jersey and Texas (8)
  • There are seven bills across four states that would limit opportunities for election day registration
  • There are also 406 bills that would expand voting access pending across 35 states, including in New York (56), Texas (53), New Jersey (37), Mississippi (39) and Missouri (21)

The restrictions come on the heels of an election in which there was record turnout and Democrat and Republican election officials alike said there was no evidence of widespread wrongdoing or fraud. There were recounts, audits and lawsuits across many states to back up those assurances. Federal and state officials called the election “the most secure in American history”.

Myrna Pérez, director of the voting rights and elections program at the Brennan Center, said the surge in anti-voting legislation was “countersensical” given that there were Republican and Democratic wins in key races across the country.

“The volume of anti-voter legislation is certainly revealing that a nerve was struck,” she told me. “There are certainly people who are sensitive to the idea of more progress … It ultimately comes down to an anxiety over the browning of America and people in power are afraid of losing their position.”

Trump pressures GA election official to ‘find’ winning votes in taped call

From today’s Los Angeles Times:

President Trump demanded that Georgia’s top election official help him “find” enough votes to overturn President-elect Joe Biden’s victory in the state, according to a phone recording made public Sunday that pointed to a brazen new chapter in the president’s attempt to overturn his election defeat.

In an hour-long phone call Saturday, reported Sunday by the Washington Post and the Atlanta Journal-Constitution, Trump cajoled, flattered and implicitly threatened Secretary of State Brad Raffensperger, marshaling elaborate conspiracy theories to support his claim that he had won a state that Biden carried by almost 12,000 votes.

Raffensperger, a Republican, rejected the president’s blunt overtures, telling him: “The data that you have is wrong,” according to the audio recording. The Journal-Constitution said the authenticity of the recording was confirmed by two people involved in the conversation.

Legal experts and some Democrats suggested the president’s actions may have violated the law. Sen. Richard J. Durbin (D-Ill.), the Senate Democratic whip, issued a strongly worded statement urging a criminal investigation, saying Trump sought to “intimidate an elected official into deliberately changing and misrepresenting” a legally counted vote. Law professors, including Stanford’s Nate Persily, tweeted out relevant sections of Georgia’s election code.

Two months after the election, and almost three weeks after the electoral college certified Biden’s victory by a 306-232 margin, Trump is backing expected challenges to the results by congressional Republicans in a joint session of Congress on Wednesday that typically is ceremonial in nature. Scores of Republican House members and at least a dozen GOP senators have signaled support for the effort, which could result in hours of debate before each chamber is expected to reject the protest.

Republican plans to contest the election have generated scorn from establishment GOP figures, including Sens. Mitt Romney of Utah and Ben Sasse of Nebraska. On Sunday, seven conservative Republican House members issued an unusual joint statement announcing their opposition to the challenge, warning that congressional action “would amount to stealing power from the people and the states.”

Read the complete article here.

Supreme Court Won’t Extend Wisconsin’s Deadline for Mailed Ballots

From today’s New York Times:

The Supreme Court refused on Monday to revive a trial court ruling that would have extended Wisconsin’s deadline for receiving absentee ballots to six days after the election.

The vote was 5 to 3, with the court’s more conservative justices in the majority. As is typical, the court’s brief, unsigned order gave no reasons. But several justices filed concurring and dissenting opinions that spanned 35 pages and revealed a stark divide in their understanding of the role of the courts in protecting the right to vote during a pandemic.

The ruling was considered a victory for Republicans in a crucial swing state, which polls have shown Mr. Trump trailing in after winning by about 23,000 votes in 2016.

The Democratic Party of Wisconsin immediately announced a voter education project to alert voters that absentee ballots have to be received by 8 p.m. on Election Day, Nov. 3. “We’re dialing up a huge voter education campaign,” Ben Wikler, the state party chairman, said on Twitter. The U.S. Postal Service has recommended that voters mail their ballots by Oct. 27 to ensure that they are counted.

The ruling came as President Trump continued to attack mail-in voting, which Democrats are using far more heavily this year. In a tweet late Monday, Mr. Trump falsely declared that there were “Big problems and discrepancies with Mail In Ballots all over the USA. Must have final total on November 3rd.” (Twitter quickly put a warning label on the tweet.)

The ruling was also the latest in a flurry of election-year decisions by the court that have mostly upheld voting restrictions, and the Trump campaign and its Republican allies are seeking similar restrictions on ballot deadlines in other states. Cases from North Carolina and Pennsylvania are pending before the court, the latter a second attempt after a 4-to-4 deadlock last week. Justice Amy Coney Barrett, who was confirmed and sworn in to the Supreme Court on Monday night, could cast the decisive vote in that case.

In Monday’s opinions, divisions over voting rights that had been hinted at in some of the previous rulings came more clearly into the open.

Read the complete article here.

SCOTUS takes up Arizona voting rights law that will be heard after the election

From today’s CNN Online:

The Supreme Court said Friday it will review two provisions of an Arizona voting rights law that a federal appeals court said could have a discriminatory impact for American Indian, Hispanic and African Americans in violation of the Voting Rights Act.

One provision concerns an “out of precinct policy” that does not count provisional ballots cast in person on Election Day outside of the voter’s designated precinct. Another concerns the “ballot collection law” which permits only certain persons — family and household members, caregivers, mail carriers and elections officials — to handle another person’s completed ballot.

The dispute will not be resolved before the election because the argument calendar is already full through December.In January, the 9th Circuit Court of Appeals held that the state’s policy of “wholly discarding” rather than counting or partially counting out of precinct ballots and the criminalization of the collection of another person’s ballot has a “discriminatory impact on American Indian, Hispanic and African American voters in the state in violation of the Voting Rights Act.”

The court also held that the ballot collection provision was enacted with discriminatory intent. The court agreed to put its decision on hold pending appeal. Mark Brnovich, Arizona’s attorney general, called the provisions “commonplace election administration provisions” used by Arizona and “dozens of states.” Over the dissent of four judges, the majority invalidated two commonplace election administration provisions used by Arizona and dozens of other states to prevent multiple voting, protect against voter intimidation, preserve the secrecy of the ballot, and safeguard election integrity.

But Marc Elias, a lawyer for the Democratic National Committee, argued that Supreme Court precedents and the law compelled the lower court to conclude that Arizona’s wholesale rejection of ballots cast out of precinct and its criminalization of ballot collection violated Voting Rights Act.

Read the complete article here.

TX governor orders only one mail ballot drop-off location allowed per county

From today’s The Hill Online:

Texas Gov. Greg Abbott (R) issued a new proclamation allowing only one mail ballot drop-off location per county.

Starting Friday, mail ballots submitted in person by eligible vote-by-mail voters must be returned to a publicly designated county voting clerk’s office, a local NBC affiliate KXAN reported.

The proclamation allows early voters only one ballot drop-off location per county, and other drop-off satellite locations will be closed.

Abbott’s proclamation will also require early voting clerks to let poll watchers monitor the locations and “observe any activity conducted at the early voting clerk’s office location related to the in-person delivery of a marked mail ballot.”

“As we work to preserve Texans’ ability to vote during the COVID-19 pandemic, we must take extra care to strengthen ballot security protocols throughout the state,” Abbott said. “These enhanced security protocols will ensure greater transparency and will help stop attempts at illegal voting.”

In Texas, mail-in voters who drop off their ballots must show a photo ID, sign a roster and deposit a sealed envelope into their designated county ballot box, the Statesman reported.

Texas Democratic Party Chair Gilberto Hinojosa blasted the move in a statement, saying, “Governor Abbott and Texas Republicans are scared.”

“Republicans are on the verge of losing, so Governor Abbott is trying to adjust the rules last minute,” Hinojosa added, saying, “Courts all over the country … have held that it is too late to change election rules.”

Read the complete article here.

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.

Voters need an urgent update on mail-in ballots. The media should help.

From today’s Washington Post:

For weeks, President Trump has lied about mail-in ballots. He has falsely claimed they are prone to widespread fraud despite mountains of evidence to the contrary. He has wrongly claimed they are a “scam,” while suggesting he would use their existence to dispute the presidential election results. And most worryingly, he pointed to mail-in ballots as justification for his refusal to commit to a peaceful transition of power if he loses the November election.

Trump’s critics have been right to seize upon his remarks as further evidence of his dangerously authoritarian impulses. Yet we can’t leave it at that.

In this unprecedented election, reporters, producers and editors need to go back to basics. They need to educate voters on how mail-in voting works, demonstrate why it’s not prone to fraud, as Trump wrongly claims, and explain the precise steps voters need to take to ensure that their votes are counted. In the Trump era, none of that can be taken for granted.

It’s worth noting that mail-in ballots are confusing. My absentee ballot came with eight pages of supplemental documents, including five pages of instructions on how to vote. It shouldn’t be so complicated, but it is. The free press has a duty to help make the process as simple and understandable as possible for the millions of Americans who will cast a ballot from their home this year for the first time.

The media can play a vital role in protecting democracy during this unprecedented pandemic election. Traditional coverage of the electoral horse race isn’t enough. Broadcasters and print journalists urgently need to supplement their reporting with tutorials and background on voting procedures. That could help ensure that hundreds of thousands — maybe even millions — more ballots are counted.

In Pennsylvania, for example, election officials have warned that they will reject any so-called “naked ballots” that do not arrive in a “secrecy envelope” that ensures anonymity for each vote. Some have said that up to 100,000 votes could be tossed out. That is an alarming possibility, particularly given that Pennsylvania is likely to prove pivotal in this year’s election.

Read the complete article here.