[Republicans know the only way they can continue to hold onto
national power — and even keep their control over states like Texas,
Georgia, and Florida — is by making it difficult to register and
vote… ]
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THE GOP VOTE THIEVES STRIKE AGAIN  
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Thom Hartmann
May 31, 2023
The Hartmann Report
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_ Republicans know the only way they can continue to hold onto
national power — and even keep their control over states like Texas,
Georgia, and Florida — is by making it difficult to register and
vote… _

, Image by jette55 from Pixabay

 

The first rule of business and marketing is that if you make it easy
for folks to buy your product or engage with you, more people will do
so. If you don’t want people to buy or use your product or service,
on the other hand, just make them jump through hoops to complete the
transaction and many won’t bother.

Republicans know this and have been applying it to voting for the
better part of 50 years; recently they’ve turned it into a science.

POLLING BEFORE THE 2020 ELECTION IN TEXAS, FOR EXAMPLE, SHOWED
[[link removed]] THAT
JOE BIDEN MAY BEAT TRUMP JUST AS HE DID IN SO MANY OTHER SWING STATES
ACROSS THE COUNTRY. FROM TRUMP FAILING THERE, THE REPUBLICAN ELDERS IN
THE STATE KNEW, IT WOULD BE A SHORT JUMP TO FLIPPING THE ENTIRE STATE
BLUE, AS HAPPENED WITH MICHIGAN AND WISCONSIN.

Harris County — basically, solid-Blue Houston — laid out a plan to
send out forms to all its 2.5 million registered voters to qualify for
mail-in ballots (it was during the pandemic and before vaccines were
available, after all).

Making it easier to vote, even during a pandemic, was definitely a
bridge too far for the GOP: it sent (now impeached) Attorney General
Ken Paxton into action.

PAXTON IMMEDIATELY FILED A LAWSUIT TO STOP THE LARGEST DEMOCRATIC
COUNTY IN ALL OF TEXAS FROM MAKING VOTING CONVENIENT.

The state had spent years, after all, driving up the number of hours
voters in Democratic parts of the state had to wait in line to cast a
ballot and they weren’t about to let voting become painless.

A 2020 study
[[link removed]] by
Northern Illinois University ranked Texas dead last in the nation in
ease of voting, with the GOP having put into place a whole series of
roadblocks designed to make it hard to register or even to vote during
elections.

PAXTON EXPLAINED TO STEVE BANNON HOW WELL HIS LAWSUIT WORKED, BRAGGING
ABOUT FORCING MILLIONS OF HOUSTONIANS TO TAKE THEIR LIVES IN THEIR
HANDS IF THEY REALLY WANTED TO VOTE:

“If we’d lost Harris County—Trump won by 620,000 votes in Texas.
Harris County mail-in ballots that they wanted to send out were 2.5
million,” Paxton told Steve Bannon in June, 2021 adding, “and we
were able to stop every one of them.”

Texas’ 38 electoral votes were crucial to Trump even getting close
to beating Biden, and if heavily Democratic Harris County/Houston had
been able to easily vote in large numbers — it was even less safe to
vote during a pandemic in a high-population-density city like Houston
than in rural Texas — Republicans would be toast.

So he essentially denied them an opportunity to vote without exposing
themselves to a deadly disease that ultimately killed over 1 million
Americans.

“If you want to vote in Houston,” Paxton essentially said,
“you’re going to have to expose yourself to Covid.”

AS PAXTON POINTED OUT TO BANNON:

“Had we not done that, we would have been in the very same situation
— we would’ve been on Election Day, I was watching on election
night and I knew, when I saw what was happening in these other states
[that did expand mail-in voting for the pandemic], that that
would’ve been Texas. We would’ve been in the same boat. We
would’ve been one of those battleground states that they were
counting votes in Harris County for three days and Donald Trump
would’ve lost the election.”

This kind of massive and morally reprehensible voter suppression is
pretty much limited to Republican-controlled states. It’s their
latest strategy for holding power.

IN CONTRAST TO TEXAS (60.4%
[[link removed]] VOTER
TURNOUT), I LIVE IN THE EASIEST STATE IN THE UNION TO VOTE: OREGON
(75.5%
[[link removed]] VOTER
TURNOUT).

For over a quarter-century, voting in Oregon has been conducted
entirely by mail. There are polling places in a few government
buildings for disabled people, but otherwise everybody gets their
ballot in the mail six weeks or so before the election and can send
them back in an enclosed, postage-paid envelope right up to and
including on election day.

From Minnesota (79.9%
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to Maryland (71.1%
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Democratic-controlled states that make it easy to vote and don’t
throw up obstructions to voting by mail generally have the highest
turnout.

Colorado, Oregon, Washington state, Hawaii, and Utah conduct their
elections entirely by mail. By contrast, Oklahoma (54.9% turnout),
Arkansas (56% turnout), West Virginia (57.5% turnout) and Tennessee
(59.8% turnout) all throw up obstacles to registering to vote and
voting by mail, and thus have low voter turnout.

IN THE WEEK OR THREE AFTER OUR BALLOT ARRIVES IN THE MAIL, LOUISE AND
I FIND THE TIME TO SIT DOWN AT THE DINING ROOM TABLE WITH A LAPTOP AND
LOOK UP ALL THE OBSCURE RACES THAT USED TO CONFOUND US WHEN WE HAD TO
VOTE IN PERSON AND COULDN’T BRING ANYTHING INTO THE BOOTH WITH US.

Voting for judges, ballot measures, city and county races, etc. that
once involved wild guesses are now thoughtful and specific: democracy
in Oregon is strengthened by every voter having this same ability.

And throughout those two-plus decades that Oregonians have voted
entirely by mail, there hasn’t been a single credible claim of
consequential, election-altering voter fraud. It’s a phrase that
only makes the local newspapers when Republicans in some other state
are using it to justify blocking people from registering or voting.

USING DONALD TRUMP’S “STOLEN ELECTION” LIES AS THE BASIS FOR
THEIR ACTIONS, LEGISLATORS IN EVERY REPUBLICAN-CONTROLLED STATE IN THE
NATION HAVE MADE IT HARDER
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VOTE OVER THE PAST FEW YEARS. STATES UNDER DEMOCRATIC CONTROL, ON THE
OTHER HAND, HAVE UNIFORMLY MADE IT MORE CONVENIENT
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VOTE.

With the exception of voting-obsessed first-in-the-nation New
Hampshire, all of the top-10 voter turnout states are controlled by
Democrats.

This is no way to run a democracy: the right to vote should not be a
partisan issue.

AMERICA NEEDS NATIONAL VOTING STANDARDS, AND THE GUARANTEE CLAUSE OF
THE CONSTITUTION OFFERS A BASIS FOR THEM. SECTION 4 OF ARTICLE IV OF
THE CONSTITUTION SAYS:

“The United States shall guarantee to every State in this Union a
Republican Form of Government....”

The Framers of the Constitution were clear about the importance of
that clause; it was proposed by Pennsylvania’s James Wilson at the
Constitutional Convention on July 18, 1787 and almost the entire day
was spent debating it.

IT’S AN AMAZING SENTENCE, THAT COULD BE AS SWEEPING IN ITS POWER AS
THE COMMERCE CLAUSE (WHICH JFK AND LBJ USED TO FORCE INTEGRATION OF
THE SOUTH) BUT HAS NEVER BEEN USED IN ANY MEANINGFUL WAY SINCE IT WAS
WRITTEN ON THAT HOT SUMMER DAY IN 1787.

The first time the “Guarantee Clause” came before the Supreme
Court, slavery was the law of the land and Chief Justice Roger Taney,
a slaveholder himself, was determined to keep it that way by bottling
up the Clause’s power under the rubric of states’ rights.  

SEVEN YEARS BEFORE HE TRIED TO CEMENT SLAVERY INTO THE LAW OF EVERY
STATE IN THE UNION WITH HIS _DRED SCOTT_ DECISION, TANEY RULED
IN _LUTHER V BORDEN_ (1849) THAT THE SUPREME COURT
SHOULD _NEVER_ BE ALLOWED TO INTERFERE WITH “STATE’S RIGHTS”
ON THE BASIS OF THE GUARANTEE CLAUSE.

“Under this article of the Constitution,” Taney wrote, “it rests
with Congress to decide what government is the established one in a
state.”  

In other words, Taney said: _The definition of what a ‘Republican
Form of Government’ actually means isn’t yet laid out in the law
or previous interpretations of the Constitution: therefore, it’s
politics. And politics is the province of Congress, not the Supreme
Court, which must limit itself to law._

ON THAT FOUNDATION, LATER SUPREME COURTS REPEATED TANEY’S
PRO-SLAVERY “STATES’ RIGHTS” ASSERTION THAT THE QUESTION WAS
POLITICAL AND NOT ONE TO BE DECIDED BY THE COURTS: INSTEAD, IT WAS UP
TO THE POLITICIANS IN CONGRESS IF THEY WERE GOING TO “GUARANTEE A
REPUBLICAN FORM OF GOVERNMENT” TO — OR WITHIN — ANY PARTICULAR
STATE AT ANY POINT IN THE FUTURE.  

Taney was quoted “lucidly and cogently” in _Pacific States
Telephone & Telegraph v Oregon 
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Chief Justice John Roberts noted 
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that, “This Court has several times concluded that the Guarantee
Clause does not provide the basis for a justiciable claim.”

THUS, TO THIS DAY, IT’S UP TO CONGRESS, NOT THE COURT, TO DECIDE
WHAT A “REPUBLICAN FORM OF GOVERNMENT” IS AND HOW CONGRESS WILL
GUARANTEE IT TO AND/OR WITHIN EVERY STATE.

Which brings us to today, and how Congress can use that clause to end
partisan gerrymanders, dial back the power of money in politics, and
guarantee the right of every American citizen to vote without undue
difficulty.

Back in 2021, Joe Manchin and Lisa Murkowski joined with Senators
Kaine, King, Merkley, Padilla, Tester, and Warnock to propose
the _Freedom To Vote Act_.

THE OPENING OF THE_ ACT_ LAID IT’S GOALS OUT CLEARLY:

“Congress also finds that it has both the authority and
responsibility, as the legislative body for the United States, TO
FULFILL THE PROMISE OF ARTICLE IV, SECTION 4, OF THE CONSTITUTION,
which states: ‘The United States shall guarantee to every State in
this Union a “Republican Form of Government.”’” [emphasis
added]

THE PROPOSED LAW EVEN NOTES AS JUSTIFICATION FOR ITS EXISTENCE HOW THE
SUPREME COURT HAS DROPPED — OR LAID DOWN — THE BALL AND THEREFORE
CONGRESS MUST PICK IT UP:

“Congress finds that its authority and responsibility to enforce the
Guarantee Clause is clear given that Federal courts have not enforced
this clause because they understood that its enforcement is committed
to Congress by the Constitution.”

The _Freedom To Vote Act _would have ensured
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“Republican Form of Government” in America and undone 50 years of
obstacles Republicans have placed in front of voters. It included: 

— Automatic voter registration and online registration for 16 year
olds who will be 18 and thus eligible to vote in the next election
— Same day voter registration nationwide
— An end to partisan gerrymandering
— Limits on campaign contributions to a maximum of $10,000
— Criminalization of “pass through” groups to get around
campaign finance laws
— A requirement by all corporations to fully and rapidly disclose
all election spending over $10,000
— MAKING ALL WEBSITES (LIKE FACEBOOK) WITH MORE THAN 50 MILLION
USERS CREATE A PUBLICLY AVAILABLE AND PUBLICLY SEARCHABLE ARCHIVE OF
POLITICAL ADS
— Brings web-based election expenditures under the same disclosure
rules as TV
— Makes it a federal crime to prevent a qualified person from
registering to vote
— Requires 14 consecutive days for early voting, at least 10 hours
each day
— REQUIRES EASY ACCESS TO POLLING PLACES FOR RURAL AND COLLEGE
CAMPUS VOTERS, AND EASY ACCESS TO VOTING FOR _ALL_ voters by public
transportation
— Guarantees that _all_ voters, nationwide, can vote by mail with
no excuses necessary
— Guarantees that all voters can put themselves on a permanent
vote-by-mail list and automatically receive a ballot in the mail
— Requires states to give voters the ability to track their mail-in
ballots to be sure they’re counted or contest any challenge to their
ballot
— Forbids states from forcing mail-in voters to have their ballots
witnessed, notarized, or jump through other onerous hoops
— Requires secured and clearly labeled ballot drop boxes in all
jurisdictions
— Requires the Post Office to process all ballots on the day
they’re dropped off and without postage
— Requires states to keep voting lines shorter than 30 minutes in
all cases and places
— Allows people waiting in line to vote to receive food or water
from others
— Gives the right to vote to all felons who have served their
sentences, in all states
— Prohibits voter “caging” where failure to return a postcard
gets you purged
— Prohibits states from deleting voters from the rolls because they
haven’t recently voted
— Empowers voters to sue in federal court any state or local
officials who interfere with their right to vote
— Criminalizes intimidating, threatening, or coercing any election
official or election worker
— Requires federal prosecution of anybody who tries to harm or
undermine public officials by doxxing the personal information of an
election worker or their immediate family
— Makes it a federal crime to publish or distribute false
information about elections (when, where, etc.)
— Increases federal penalties for voter intimidation or otherwise
interfering with our absolute right to vote
— Keeps partisan “poll watchers” at least 8 feet from voters in
all circumstances, including while voting
— Requires paper ballots in all cases and all elections (there are
exceptions for disabled voters)
— Requires post-election audits 
— Provides criminal penalties for any candidate or campaign that
fails to fully and immediately report any interactions with foreign
governments
— Gives lower income individuals $25 they can use to give to
candidates in $5 or more increments.

The legislation died
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a Republican filibuster in the Senate in 2022, but if Democrats and
Republicans who actually believe in democracy can gain a large enough
majority in the upcoming elections this November and next, it should
be pushed to the front of the line of new legislation.

REPUBLICANS KNOW THE ONLY WAY THEY CAN CONTINUE TO HOLD ONTO NATIONAL
POWER — AND EVEN KEEP THEIR CONTROL OVER STATES LIKE TEXAS, GEORGIA,
AND FLORIDA — IS BY MAKING IT DIFFICULT TO REGISTER AND VOTE, BY
CRIMINALIZING VOTER REGISTRATION DRIVES, AND BY ARRESTING AND PARADING
BEFORE TV CAMERAS BLACK FORMER FELONS WHO UNWITTINGLY VOTED.

There are limits to their cynical game, though, and the more clearly
Americans realize how a process that should be painless and
convenient, including vote-by-mail — as it is here in Oregon and
in many
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advanced democracies around the world — the sooner we can achieve
that “more perfect union” the Founders set as our national
aspiration.

_Thom Hartmann is a NY Times bestselling author 34 books in 17
languages & nation's #1 progressive radio host. Psychotherapist,
international relief worker. Politics, history, spirituality,
psychology, science, anthropology, pre-history, culture, and the
natural world._

* voter suppression
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* GOP
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