Last Chance — Are You A Defender?

After Tuesday’s debate, it has become even more clear that we must do everything we can to protect the election before it becomes an emergency.

Thanks to the Defenders of Democracy, a group of the Brennan Center’s most loyal supporters who sustain our work through a monthly gift, we can ramp up our work. We’re fighting to stop racist voter suppression, pushing back against lies about voter fraud, and working with election officials across the country who are using all of their resources to make voting safe and secure.

You can join the Defenders of Democracy for just $5 a month, and get a free vote tote. Hurry — this offer ended last night, but we’ve extended it one more day just for Insider subscribers.

For the first time, the 2020 Democratic platform recognizes the toll that security measures have taken on Muslim communities. It states, “To fully confront the legacy of systemic and structural racism, it is time to examine, confront and dismantle the government programs, policies and practices that have unfairly targeted American Muslims as security threats.” While Democrats have long condemned Islamophobia, they have — until now — mostly refused to acknowledge how the government’s own programs harm Muslims. Regardless of who wins, this is a huge, important step.

A disappointing court ruling in September reinstated a discriminatory Florida law that requires people with past felony convictions to pay all court fees and fines before they can register to vote. This law has created an unconstitutional poll tax that disproportionately affects Black Floridians, made worse by the fact that the state has no way of tracking the fees and fines that people now need to pay in order to vote. On Sunday, Desmond Meade and Pastor Clifford Tyson, voting rights restoration activists affected by this law, shared their stories on 60 Minutes.

President Trump’s unprecedented and relentless campaign to undermine faith in the legitimacy of our elections is built on lies. The U.S. election system is secure and resilient, and it’s good that public officials are adjusting voting methods to ensure that every eligible citizen can cast a ballot without risking their health. But existing voting laws cannot deliver a fully fair and equal system — there’s too much room for vote suppression, discrimination, and manipulation of rules for partisan gain. Two bills before Congress — the For the People Act and the Voting Rights Advancement Act — can change that.

For people in prison, the U.S. Postal Service is critical to communicating with the outside world. To get a sense of just how important it is, the Brennan Center spoke with Tami Eldrige and Kevin Hammerschimdt about their experiences while incarcerated and the role mail plays in day-to-day life in prison. Postmaster General Louis DeJoy’s reduction of USPS capacity “will deny prisoners’ access to the courts, family, and higher education,” said Hammerschimdt.

While the makeup of the Supreme Court is in the national spotlight, what happens in state courts also has a lasting impact on our democracy. Next week, the Supreme Court will hear arguments in a challenge to Delaware’s constitutional provisions requiring partisan balance on many of the states’ courts. While the case is about one state, it could have a far-reaching impact on the systems many states use to pick their judges. At a time when faith in government institutions is generally at risk, the Supreme Court should not disrupt this system.

State courts across the country have become subject to partisan politics in recent years, partially because of increased spending in judicial elections thanks to Citizens United. In the decade since Citizens United was issued, there has been a surge in special interest spending that’s increasingly coming in the form of dark money. Experts worry that the continued growth in judicial election spending could further politicize state supreme courts, threatening the independence of the branch of government that is intended to render justice impartially.

The Justice Department’s Civil Rights Division should play a vital role in the fight for democracy and equality, but it has retreated from that role. Instead of supporting voting rights, it enables voter suppression. It has upheld lies about voter fraud, and it worked with the Trump administration to attempt to add a citizenship question to the 2020 Census. Last week, Brennan Center President Michael Waldman testified before Congress about the politicization of the division and the Justice Department overall, and how they can do better.

Reimagining the Rule of Law
Tuesday, October 6 | 1:00 p.m.–2:00 p.m. EDT | This is a virtual event.
Restoring xxxxxxs against abuses of power will be one of the most urgent tasks for the next Congress and president. This panel, featuring Preet Bharara (National Task Force on Rule of Law and Democracy co-chair), Janai Nelson (NAACP-LDF associate director-counsel), Donald B. Verrilli Jr. (former U.S. solicitor general), Christine Todd Whitman (National Task Force on Rule of Law and Democracy co-chair), and the Brennan Center’s Wendy Weiser and Daniel Weiner will discuss what’s at stake and what can be done to shore up protections for the rule of law in the federal government. RSVP today.

Voting and Representation Symposium: New Issues and Challenges
Thursday, October 8 | 12:00 p.m.–2:30 p.m. EDT | This is a virtual event.
Covid-19 has been a “stress test” for our democracy, exacerbating structural racism and inequality in our political system and shining a light on vulnerabilities in our institutions. The second day of this two-day symposium will feature panels including “Fair Representation in an Increasingly Diverse America” and “Building a More Inclusive Democracy.” For lawyers, CLE credit is available. RSVP today.

What We’re Reading
Daniel Weiner, deputy director of the Brennan Center’s Election Reform Program, recommends Trump is Trying to Trick Americans Into Giving Up on Democracy. The article describes how Trump’s attempts to undermine faith in democracy do not mean the election will fail. “For the election to succeed, we have to think and act as if it will succeed,” George Packer writes.