Every voter must have an equal say.

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From the Desk of Trevor Potter
Dear John,

It’s never a slow day in the quest to protect our democracy. Just as I was about to hit send on my latest email to you, detailing CLC’s efforts in court to end partisan gerrymandering in Michigan and on Capitol Hill to pass the For the People Act, we learned Georgia Gov. Brian Kemp signed a bill into law that creates significant barriers to Georgians' freedom to vote, ([link removed]) especially for communities of color.

Among other things, the law bans buses for early voting, strips power from local election officials and restricts the use of safe and secure ballot drop boxes (CLC senior consultant John Gardner, a former member of the Postal Service Board of Governors, explained ballot drop boxes here back in the fall ([link removed]) ).

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The new law even outrageously makes it a crime to provide water or food to voters waiting in line to cast their ballot—a practice caused by the hourslong lines that have been a frequent occurrence for communities of color in the state.
These latest developments in Georgia are alarming and deeply troubling—and they are one of many state rollbacks to the freedom to vote that CLC has been closely monitoring. We will continue to work toward limiting the harms of this new law, and combatting others like it that may surface in state legislatures across the country. We are consulting with our local and national partners to determine how these laws can be best challenged in court. Additionally, much of the Georgia law would be void if Congress passes the For the People Act, H.R. 1/S. 1—discussed further below.

We must ensure every eligible American has the freedom to vote and that the results of our elections reflect the will of the people. Every voter must have an equal say, and every voice should be heard.

This value also undergirds our work to advocate for Fair Maps for every American. Efforts to protect the freedom to vote and to address partisan gerrymandering are closely tied together—both seek to ensure our political system is accountable, inclusive and responsive to the American people. Let me update you about the latest efforts to advance redistricting reform.

With maps being redrawn this year, combatting gerrymandering is again especially important.

When it comes to elections, voters should be picking their politicians, not the other way around. However, with partisan gerrymandering, what the voters want often becomes irrelevant. In many states across the country, politicians can and do manipulate maps, picking which voters will be voting for them in congressional and state legislative districts, seeking to ensure more seats and control for their party.

Everyday people are shut out of the process. The result is a system that works well for some politicians but creates real barriers to people making their voices heard and having their votes matter equally. Gerrymandering harms voters of all parties, not just Democrats or Republicans.

Partisan gerrymandering has been brought before the U.S. Supreme Court several times, including twice by CLC attorneys, with the last major case in 2019 ([link removed]) concerning North Carolina’s congressional district maps. In that case, the majority opinion conceded that excessive gerrymandering “leads to results that reasonably seem unjust.” However, disappointingly, the majority claimed that partisan gerrymandering concerns were “political questions beyond the reach of the federal courts,” and declined to act.

In saying that partisan gerrymandering ought to be addressed through the so-called political branches of government, the Supreme Court pointed to the availability of state and congressional action to address it. The syllabus of the 2019 opinion summarizes this thrust of argument well:

“Numerous States are actively addressing [partisan gerrymandering] through state constitutional amendments and legislation placing power to draw electoral districts in the hands of independent commissions, mandating particular districting criteria for their mapmakers, or prohibiting drawing district lines for partisan advantage. The Framers also gave Congress the power to do something about partisan gerrymandering in the Elections Clause. That avenue for reform established by the Framers, and used by Congress in the past, remains open.”

CLC is currently working to ensure that these political avenues are in fact used to achieve Fair Maps for all.

Here are two timely examples of political action addressing gerrymandering, acting in the spirit of the Supreme Court’s words—efforts which CLC is supporting:

In 2018, Michigan voters approved the creation of an independent redistricting commission (IRC) in their state. In other words, Michigan voters decided to give map-drawing power to a citizen commission, not politicians.

This is the kind of political solution that the Supreme Court majority appears to have had in mind. However, while Michigan Secretary of State Jocelyn Benson has moved forward with the implementation of this commission in preparation for the redistricting process in 2021 following the release of census data, politicians and special interests have filed an appeal to try a last-minute power grab to keep their ability to gerrymander maps.

CLC was back in court last week ([link removed]) defending Michigan’s redistricting reform from this appeal. CLC represents Voters Not Politicians, the grassroots group that drafted and sponsored the Michigan constitutional amendment to create the IRC. CLC has successfully defended Michigan’s voter-approved reform from all legal challenges so far, and two courts have ruled it constitutional.

The decision in this case, Daunt v. Benson, could be appealed to the U.S. Supreme Court and would impact the movement to adopt IRCs across the country. This is one to keep an eye on.

Additionally, the U.S. Senate is considering the For the People Act, S. 1, right now. If passed into law, the For the People Act would require the establishment of an IRC in each state, responsible for developing and enacting congressional redistricting plans. It sets forth criteria and rules for these commissions to ensure they are fair and open to public input. Our democracy needs Fair Maps, and voters agree, including a majority of Republican voters according to recent polls. ([link removed]) The 2019 Supreme Court opinion points to Congress as a venue to advance Fair Maps, and the For the People Act can get this done.

The Senate should pass this bill—which would also help ensure every eligible American has the freedom to vote by removing barriers to voting—and send it to President Biden to sign. CLC has an overview of what's in S. 1 and why it's important here. ([link removed])
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I testified before the U.S. Senate Committee on Rules and Administration on Wednesday in support of S. 1; you can find the video of my testimony here. ([link removed])

I also worked with NowThis to create a video summary of the major arguments about S.1. You can find my NowThis video here ([link removed]) —I think they did a really great job with this.

Now is the time to act to protect the freedom to vote and ensure every American has Fair Maps, regardless of where they live. CLC is committed to supporting these and other efforts to ensure our democracy can be responsive to the American people.
Sincerely,

Trevor Potter
President, Campaign Legal Center
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