How Democrats could actually pass “For the People” voting rights bill

From today’s The Guardian Online:

The bill, the Freedom to Vote Act, has been described as a “compromise”, hashed out over the summer by a group of Senate Democrats after Republicans filibustered an earlier version of it. But while the bill does get rid of some key things from the initial version, it still is pretty expansive. It would require states to offer at least 15 days of early voting, along with same-day registration, as well as automatic and online registration. It would enshrine new protections for local election officials and poll workers amid growing concerns about intimidation and partisan interference in their work. And it sets new criteria that states have to follow when they draw electoral districts to curb the practice of severely manipulating districts for partisan gain.

We’ve been here before. It’s no secret that the bill is probably dead on arrival in the US Senate as long as the filibuster, the rule that requires 60 votes to advance legislation, remains in place. A handful of Democrats, led by Senators Joe Manchin and Kyrsten Sinema have vocally supported keeping the measure in place.

As I read through the cascade of statements praising the new bill, I was struck by how many of them coupled their enthusiasm with calls to eliminate the filibuster. It was a grim recognition of the quagmire Democrats have confronted since taking control of Congress in January: voting reform is impossible while the filibuster is in place.

Despite the huge obstacle that the filibuster still poses, I do think this new bill is significant. First, it shows that Democrats aren’t willing to let voting reform go; by coming back so quickly with a new bill, they’re signaling that they are prepared to force a fight over the filibuster.

Second, Democrats are showing Republicans that they are willing to make concessions in their signature piece of legislation. They dropped a provision from the earlier version that would have required officials to send absentee ballot applications to all registered voters. They also got rid of a provision that would have required every state to set up independent commissions to draw districts. The new legislation also allows states to require identification to vote while also setting up a process for people who lack ID to vote. These will all up the ante on Republicans to negotiate in good faith.

Third, it’s significant that Manchin played an active role in crafting the bill and is now the one shopping it around to get Republican support. That support seems unlikely (“It is a solution in search of a problem, and we will not be supporting that,” Mitch McConnell, the Republican leader in the Senate, said on Tuesday). If Manchin is unable to personally persuade Republicans to sign on, despite the concessions from Democrats, it will only increase pressure on him to revise his stance on the filibuster.

Joe Biden also has indicated a new willingness to pressure reluctant Democrats on their filibuster position.

Read the complete story 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.

Target, Google and others are under pressure to dump the Chamber of Commerce over voting rights

From today’s CNN Online:

Progressive activists are calling on Ford, Target, Google, Bank of America and other major companies that have pledged to support voting rights to cut ties with the US Chamber of Commerce, CNN Business has learned.

At issue is the Chamber of Commerce’s fierce opposition to the Democrats’ sweeping voting bill known as the For the People Act, which advocates say would counter efforts by Georgia and other states to impose new voting restrictions.

The Chamber of Commerce has slammed the legislation, which last month was approved by the US House of Representatives, as “extremely problematic” in part because of new curbs on political advocacy by companies and associations.

The Chamber is one of the most powerful trade groups in the nation. In 2020 alone, the organization spent $81.9 million trying to influence government policy, according to the Center for Responsive Politics. The only organization that spent more was the National Association of Realtors.

Accountable.US, a progressive watchdog group, sent letters Wednesday to 25 companies that have a relationship with the Chamber of Commerce even though they signed last week’s statement in the New York Times vowing to oppose discriminatory voting legislation.

The campaign from activists underscores the enormous pressure companies are under to follow up their verbal support for voting rights with concrete action.Enter your email to receive CNN’s nightcap newsletter.close dialog

“By ignoring the Chamber’s opposition to a bill that protects an essential right in our democracy, these executives are violating their commitment and siding against the millions of Americans — including many of their own employees — fighting racist voter suppression tactics,” Kyle Herrig, president of Accountable.US, told CNN Business.

Read the complete article here.