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

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The Briefing

Today, House Democrats introduced the Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act, a stimulus package that would allocate the desperately needed funds

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for state and local governments to make their election systems safe for voters and poll workers under pandemic conditions. This bill would mean we can have a free and participatory election in November.

In an alarming new analysis

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, our Election Reform Program finds that cash-strapped state and local election officials must begin making critical purchases in a matter of weeks if elections are to go smoothly. Without Congress’s help, officials won’t have the technology and supplies needed to register new voters online, process an influx of mail ballot requests and print them, and make other critical purchases necessary for running an election under the stress of the coronavirus.

Missing these deadlines could have potentially dire consequences. For instance, election officials must submit purchase orders for high-speed scanners, which read and tabulate mail ballots, by the end of the month. If they don’t, states won’t get them in time for November. With the anticipated surge of people voting by mail, these scanners are a critical tool for reporting election results quickly and accurately.

Running an election is always hard. But now election officials have the herculean task of doing it during a pandemic. They are on the frontlines of preserving our democracy and are staring down supply chain deadlines that won’t move. Congress must act now and pass the HEROES Act.


Democracy

What Happens When Science Is Sacrificed for Politics

This week, congressional hearings with testimony from Dr. Anthony Fauci and whistleblower Dr. Rick Bright offer a chance to learn about the Trump administration’s efforts to fight Covid-19. “An effective government response to the coronavirus pandemic requires that political officials consult scientific experts for guidance to stop the spread of infection,” writes Martha Kinsella. “What we know about the administration’s response so far is damning.” // Read More

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Improper Voter Purges Can Do Even More Damage During a Pandemic

Election administrators across the country are taking steps to expand mail ballot options. For example, Iowa has begun sending absentee ballot request forms to active voters. But improper voting-roll purges mean that not all voters will receive these forms, because until recently, the state used error-riddled data to kick eligible voters off the rolls. “Iowa’s mistakes are part of a larger story,” writes Rebecca Ayala. // Read More

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Justice

Striking Down Florida’s Poll Tax

Florida’s Amendment 4 trial concluded last week, and things look promising. The judge effectively announced that he will rule against the law requiring people with felony convictions to pay off all court fees and fines before voting. “Over the past week, we’ve heard the state defend trying to put a price tag on the right to vote,” Brennan Center Senior Counsel Sean Morales-Doyle told Law and Crime. “We heard loud and clear that this law discriminates against Black and low-income Floridians and unfairly condemns hundreds of thousands of citizens to permanent disenfranchisement.” // Read More

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Mass Incarceration Is a Threat to Public Health

Jails and prisons nationwide are hotbeds of coronavirus infection, and New York City jails are among the hardest hit. Since the outbreak began, officials have taken important steps to reduce the jail population, but hundreds of people remain locked up on technical parole violations, such as missing a drug treatment class. “Avoiding having individuals in close quarters remains the best public health measure during this pandemic,” writes Ames Grawert and NYU epidemiology professor Maria Kahn. // Read More

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Constitution

The Supreme Court Considers Whether Trump Is Above the Law

Today in a phone hearing, the Supreme Court deals with a series of assertions that amount to the most aggressive claims of presidential power made in half a century. Each case involves a set of subpoenas for critical information about President Trump’s financial dealings. The president doesn’t want the American people to see his financial records, and his lawyers have argued that he is immune from investigation by Congress or prosecutors. “How the court rules now could reshape the constitutional balance of powers for decades, potentially dealing a serious blow to Congress’s ability to act as a check on the executive branch,” writes Brennan Center Fellow Victoria Bassetti. // Read More

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Can Presidential Electors Vote Against the Will of the People?

On Wednesday, the Supreme Court will hear arguments in a pair of rulings about whether states can require presidential electors to vote for that state’s popular vote winner. “The faithless elector cases have exposed more cracks in the anachronistic Electoral College system,” writes Brennan Center Fellow Wilfred Codrington. “Whatever the outcome, the cases provide one more reason why the country should adopt a fairer system that counts every person’s vote equally.” // Read More

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News

Michael German on digital devices confiscated from activists arrested in Hong Kong protests // Quartz

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Liz Howard on the cost of preparing for an election during a pandemic // WKAR

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Raúl Macías on California’s push for vote by mail // Sacramento Bee

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Taryn Merkl on bail reform // MLK50

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Yurij Rudensky on the Missouri bill that would gut voter-approved redistricting reform // Guardian

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Wendy Weiser on the false narrative of vote-by-mail fraud // Fast Company

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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.


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