Your weekly source for analysis and insight from experts at the Brennan Center for Justice

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The Briefing

Unless Congress acts, states will likely fall far short of what they need to protect our elections from the coronavirus. That’s the conclusion of a new report

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from the Brennan Center, the conservative R Street Institute, the Alliance for Securing Democracy, and the University of Pittsburgh’s cyber lab.

The report looked at five states: Georgia, Michigan, Missouri, Ohio, and Pennsylvania. Right now, the money thus far appropriated by Congress won’t pay for even 20 percent of the costs necessary to run a safe election in these five states come November.

Across the nation, states need to bolster their ability to register voters online. They need to be able to purchase enough face masks, hand sanitizer, and other protective equipment. And they must be able to educate voters about new election procedures and inform them of changes to polling locations.

Election Day is only six months away, and time is running out.

The good news is that voters want Congress to act. A new poll released last week

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finds that over 75 percent of Americans want two things for November. They want all voters to be able to vote by mail if they choose, and they want polling locations to remain open as long as they comply with health guidelines.

Of note, this support stretches across both parties. The dual option is blessed by 82 percent of Democrats, 76 percent of independents, and 70 percent of Republicans. When President Trump warns against mail ballots, he’s running afoul of his own supporters and their needs. Let’s hope Congress hears all this and puts patriotism over partisanship.

Consider it a down payment to save our democracy.

Democracy

Fighting for the Vote in Florida

In 2018, Florida voters overwhelmingly passed a constitutional amendment ending the state’s notorious lifetime ban on voting after a criminal conviction — a direct remnant of the Jim Crow era. Then Gov. Ron DeSantis signed a law aiming to blunt that victory, requiring citizens to have paid off all fees and fines in order to cast a ballot. Last week, a federal trial commenced as would-be voters, some represented by the Brennan Center, challenged that law. Costs are steep for many formerly incarcerated people. Moreover, court clerks often don’t know how much an individual needs to repay before they can vote again. In his opening statement to the court, delivered remotely in a video-only trial, Brennan Center Senior Counsel Sean Morales-Doyle urged a strong ruling: “This is the only way for returning citizens to end a lifetime of punishment.” // Miami Herald

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Russia Takes Advantage of the Pandemic to Spread Lies

The pandemic invites misinformation and disinformation. Russia was already attempting to influence the 2020 election. Now the European Union’s External Action Service has documented numerous cases of disinformation about the coronavirus pandemic linked to pro-Kremlin media. Former senior diplomat Spencer Boyer, who leads the Brennan Center’s DC office, lays out three steps the Trump administration should take to protect the election from disinformation surrounding the Covid-19 pandemic. // Foreign Policy

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How Changes to the Census Timeline Would Affect Redistricting

Under normal circumstances, most states would complete the process of redrawing district maps by summer 2021, using data from the 2020 Census. However, delays to census field operations will upend the redistricting timelines of most states. A new memo by Yurij Rudensky, Michael Li, and Annie Lo examines the deadlines that states will need to adjust in order to accommodate the delayed delivery of redistricting data. // Read More

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Saving the Vote in 2020: Elections and the Coronavirus

Yesterday, Brennan Center experts Wendy Weiser, Larry Norden, and Myrna Pérez joined me for a special briefing on the urgent topic of protecting the 2020 election. We discussed how to ensure election integrity, the state of the fight in Congress, and what states and citizens must do next. // Watch Now

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Justice

Covid-19 Continues to Ravage U.S. Jails and Prisons

As of May 1, 9,437 incarcerated people and almost 4,000 workers in state and federal prisons have tested positive for Covid-19. As these numbers continue to climb, Lauren-Brooke Eisen spoke again with Dr. Homer Venters, the former chief medical officer of NYC Correctional Health Services. “There is an enormous disconnect between what’s being reported publicly and what people are actually experiencing in jails and prisons,” says Venters. // READ MORE

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Constitution

What the Supreme Court’s Latest Second Amendment Ruling Means for Future Cases

It has been 10 years since the Supreme Court issued its last big Second Amendment decision. Last week the Court declined to hear a case involving a New York City regulation, thus avoiding a major new doctrinal ruling. Even so, the justices hinted about what the future might hold. “First, the case foreshadows more Second Amendment litigation at the Supreme Court — and probably soon,” writes Brennan Center Second Amendment Fellow Eric Ruben. “Second, it highlights that there is still nuance and restraint at the high court when it comes to guns, and that could lead to moderation.” // Read More

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News

Lauren-Brooke Eisen on the rapid spread of Covid-19 in jails and prisons // NPR

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Michael German on the FBI’s use of undercover agents to catch a violent extremist // Junction City Union

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Elizabeth Goitein on the FBI’s procedures for obtaining secret warrants under the Foreign Intelligence Surveillance Act // New York Times

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Rachel Levinson-Waldman on privacy concerns around using cell phone data to track coronavirus spread // WUSA9

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Myrna Pérez on the politicization of voting rights // The Guardian

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Yurij Rudensky on the devastating consequences of Missouri’s redistricting proposal // St. Louis Post Dispatch

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Wendy Weiser on which votes get counted with vote by mail // ProPublica

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Have an issue you'd like us to cover? Feedback on this newsletter? Email us at [email protected]

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The Brennan Center for Justice at NYU School of Law is a nonpartisan law and policy institute that works to reform, revitalize – and when necessary defend – our country’s systems of democracy and justice.

Brennan Center for Justice at NYU School of Law
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