This week, Republican mischief surrounding democracy was at even higher levels than usual. In Wisconsin, Republicans in the Legislature pushed through new legislative maps for a second time, and yet again the legislation was nefariously crafted to protect the GOP. To the west in Arizona, Republicans filed two lawsuits on the same day challenging the state’s elections manual, adding to a multitude of other GOP lawsuits targeting elections in the Grand Canyon State.

In New York, the state's redistricting commission approved and sent to the state Legislature a highly-anticipated new congressional map.

New York Redistricting Commission Adopts New Congressional Map

On Thursday, New York’s Independent Redistricting Commission (IRC) released and approved a new congressional map after the state’s highest court ordered the IRC to draw a new congressional map for 2024. The map now heads to the New York Legislature for its approval.

The map is not expected to significantly shift control of New York’s congressional delegation, and the map only marginally alters the state’s current court-imposed map. New York’s 22nd District, currently held by Rep. Brandon Williams, (R) would shift from Biden +7 to Biden +11, priming the seat to be flipped. Rep. Marc Molinaro’s (R) 19th District would move from Biden +5 to Biden +1, while the 18th District, held by Rep. Pat Ryan (D), would shift from Biden +8 to Biden +11, according to Senior Editor and Elections Analyst at the Cook Political Report, Dave Wasserman

Wasserman told Democracy Docket that “the net effect would be to diminish the competitiveness of New York's map, with a very slight benefit to Democrats.” 

The New York House delegation currently consists of 15 Democrats and 10 Republicans, but that majority will soon be 16, after former Rep. Tom Suozzi won the special election to replace the seat of expelled Rep. George Santos (R) earlier this week. Suozzi’s win this week is a significant boost to Democrats, who are now one seat closer to overcoming Republican’s razor thin House majority.

New York will have a new congressional map as a result of a lawsuit filed in June 2022 alleging that the IRC did not complete its mandatory duty and requesting that the state have a new congressional map for 2024. Thanks to a 2014 voter-approved amendment creating the IRC, the commission — made up of four Democrats, four Republicans and two unaffiliated members — is required under the state constitution to submit a second set of maps if the Legislature rejects the first set. In 2021, after the Legislature rejected the first set of plans presented by the commission, the Republican IRC members stalled and refused to meet, failing to perform their constitutional duty, according to the plaintiffs.

The lawsuit made its way through the court system for over a year and in December 2023, New York’s highest court ruled 4-3 that the IRC must redraw the state’s congressional map before the 2024 elections. In that ruling, the court set a deadline for the IRC to convene and pass a new map by Feb. 28, 2024, writing that the “IRC failed to discharge its constitutional duty” and that the “dereliction is undisputed” 

Whether the IRC-approved map actually becomes enacted is an open question. The Legislature could reject the map, which would give the Legislature an opportunity to redraw the districts.  

Duo of Republican Lawsuits Challenge Arizona’s Elections Manual

Iterations of Arizona’s Elections Procedures Manual (EPM) have been subject to right-wing attacks for years, and last Friday was no different. Two lawsuits challenging the state’s guiding elections document were filed within hours of each other, one on behalf of the conservative Arizona Free Enterprise Club and the other by the Republican National Committee (RNC) and Arizona Republicans.

The EPM, which was approved in December 2023, lays out the rules for the state’s elections from voter registration rules to the certification of election results and everything in between. Collectively, the lawsuits challenge a slew of policies spelled out in the manual, and the RNC goes so far as to ask that enforcement of the entire EPM is blocked “until and unless the Secretary complies with the rulemaking process.”

The RNC alleges multiple alternative claims as well, including those relating to:

• Documentary proof of citizenship verification,

• Public access to voters’ signatures,

• Arizona’s Active Early Voting List,

• Challenges to early ballots and

• Out-of-precinct voting.  

The lawsuit filed on behalf of the Arizona Free Enterprise Club, which has filed multiple lawsuits challenging election procedures in Arizona, targets provisions pertaining to drop boxes, voter intimidation and documentary proof of citizenship. The group claims the provisions violate the U.S. Constitution, Arizona Constitution and state law. 

The lawsuit specifically singles out a provision of the EPM intended to protect voters from intimidation which is especially relevant after vigilantes in military tactical gear launched a drop box “monitoring” campaign during the 2022 midterms. The EPM prevents the repeated monitoring of individuals who are delivering ballots to drop boxes, any activity “with the intent or effect of threatening, harassing, intimidating or coercing voters” and more. 

Arizona has been a hot spot for election litigation in recent weeks. At the end of January, Republican legislators filed a separate lawsuit against the EPM, and last week Stephen Miller’s America First Legal Foundation filed a complaint challenging a slew of election policies in Maricopa County.

Wisconsin Republicans Pull Yet Another Redistricting Stunt

Tuesday was a chaotic day in the Wisconsin State Capitol. The Republican-controlled Wisconsin Legislature passed legislative maps identical to those submitted by Gov. Tony Evers (D). While that may sound like a promising development for fair maps on its surface, there’s more than meets the eye. 

Republicans injected a poison pill into the legislation containing the maps — the new maps would not be implemented until November 2024, meaning any recall or special elections that take place before then would be held under gerrymandered maps. An effort to force a recall election of Assembly Speaker Robin Vos (R) is currently underway.

Democrats revolted as a result of the change along with the fact that no public hearing or committee vote took place. The bill passed the Senate in an 18-14 vote, and subsequently cleared the Assembly in a 63-33 vote. Just one Democrat in each chamber voted to support the legislation.

In January, Republicans pulled a similar stunt by altering Evers’ proposal. That time, they nefariously changed Evers’ proposed maps to protect GOP incumbents in yet another hastily passed attempt. Evers vetoed those maps and described them as a “last-ditch effort” “designed to undemocratically serve the politicians who draft them.” 

Senate Democrats’ frustration over the GOP antics seemed to boil over on Tuesday. Leaders of the caucus blasted the Republican-led process in a fiery joint press release, making clear that they “will not participate in Republicans’ shady political schemes to maintain their manufactured majority.”  

In an email to Democracy Docket, Sen. Melissa Agard (D) called out the “poison pill provision” and alleged that Republicans had backed themselves into a corner in a “desperate” “politically motivated scheme” that was a “result of the GOP governing with a focus on maintaining power rather than listening to the will of the people.”

Sen. Chris Larson (D), who represents Milwaukee, also told Democracy Docket that “the idea that after 14 years of gerrymandering that [Republicans] are going to try now to embrace a Democratic governor’s maps and not try shenanigans seems pretty far-fetched” and pointed out the fact that the legislation essentially would “freeze” the illegally gerrymandered maps in place until November.

In December, the new liberal majority on the Wisconsin Supreme Court struck down the current maps for being noncontiguous and blocked them from being used in future elections. Republicans have sought to avoid court-drawn maps, which will be implemented if the Legislature and Evers fail to agree on new maps. 

Larson told Democracy Docket that he “can’t see” Evers signing the proposals, but the governor has yet to make a statement on the maps. He previously pledged to sign his maps if they made it to his desk, but that was before Republicans changed the implementation timing. Evers has until Tuesday to sign the maps.

OPINION: New Research Ahead of 2024 Confirms Voter ID Laws Impact Millions

When Americans head to the polls this year, voters in 38 states — more than ever before — will have to confront a maze of voter ID laws that request or require a specific form of identification to cast a ballot that counts. By Ceridwen Cherry, legal director of VoteRiders. Read more. ➡️

What We’re Doing

With the last season of Curb Your Enthusiasm premiering this month, we are watching Larry David hand water to a voter waiting in line in Georgia, a criminal activity given the state’s strict ban. New York has a similar ban that Republicans are defending — but when it comes to turning out their own voters, Republicans are more than willing to help them get to the polls, even if it means spending money on snow plows to make sure the roads were clear during Wednesday’s special election on Long Island.

We are also reading an exclusive expose by VoteBeat on Heather Honey, a Pennsylvania activist who has spurred conspiracy theories across the country based on her flawed and false election claims.

A new episode of our podcast Defending Democracy dropped this morning! In today’s episode, Marc and Paige are joined by a leading democracy defender, U.S. Rep. Jamie Raskin (D-Md.) to discuss the latest threats to our democracy. Listen on Apple, Spotify or wherever you get your podcasts, or watch it on YouTube.