Your weekly source for analysis and insight from experts at the Brennan Center for Justice
The Briefing
Last week, a Senate committee began to debate and amend S. 1, the For the People Act. During the markup, Republican senators routinely mischaracterized the legislation. They said it would allow Democrats to “take over our democracy.” That it would allow “millions of people to vote illegally.” And that it would funnel taxpayer money to candidates running for office.
None of this is true. With all the disinformation and misinformation swirling around the bill, we’ve released an explainer that debunks them.
Some call the legislation a power grab by Democrats. It’s not. The reforms of the For the People Act, which passed the House in March as H.R. 1, are modeled off successful practices in red, blue, and purple states. The bill, for example, requires that every state adopt automatic voter registration (AVR). Nineteen states already have AVR, which registers eligible citizens to vote when they interact with a government agency like the department of motor vehicles. And redistricting reform has been pushed by Republican governors including Arnold Schwarzenegger and John Kasich.
The legislation also requires states to implement at least two weeks of early voting for federal elections and allow any eligible voter to cast their ballot by mail in federal elections. Mail voting was routinely advanced by Republicans (until very, very recently). And voters from both parties have long taken advantage of these conveniences at the same rate. As Republican legislatures attack the franchise, these reforms are vital to protecting the right to vote.
Sen. Ted Cruz, among others, insists that the For the People Act would let noncitizens and people under 18 vote. Once again, that’s false. The legislation doesn’t give noncitizens the right to vote and doesn’t weaken any law against it. It also doesn’t lower the voting age. All it does is allow 16- and 17-year-olds to preregister to vote, as more than a dozen states already do. Nobody can cast a ballot until they turn 18.
Finally, an old chestnut: the bill would give taxpayer money to candidates running for office. S. 1 does create a voluntary small donor matching system for federal elections, but it doesn’t rely on taxpayer money. Instead, the program is financed through a surcharge on corporate lawbreakers. In fact, the bill expressly forbids any use of taxpayer funds.
When you know the facts about the For the People Act, it shouldn’t be surprising that the legislation is extremely popular with Democratic, independent, and Republican voters. As a tape leaked to Jane Mayer of the New Yorker revealed, strategists briefing the Koch brothers’ political network ruefully concluded the bill is ... well, very popular.
Don’t try to attack its provisions, the strategists suggest. Rely instead on procedural obstruction. There’s a third strategy, evidently: tell lies. Of course, there’s a fourth approach: pass the bill.

 

Democracy
Online Lies and the Arizona 2020 Vote Audit
The Arizona Senate is conducting what it calls an “audit” of Maricopa County’s November election results. It’s a garish spectacle — but it isn’t really funny. In reality, it’s yet another bad-faith attempt to delegitimize the democratic process by Republicans who aren’t happy with who won. “Despite Trump and others being banned from Facebook and Twitter, social media remains an important vector for election-related disinformation,” writes Gowri Ramachandran, who suggests some steps the platforms can take to help election officials stop the spread of damaging posts. // Slate
“Scam PACs” and PACs that Scam
Fundraising for the 2022 midterm election and the 2024 presidential election is underway. Some of the asking is being done by so-called “scam PACs,” which gather money for a candidate or cause but then pocket the cash. Then there are PACs with questionable practices of pre-checking obscure boxes on their online donation pages that turn what is intended as a one-time donation into a recurring one. Brennan Center Fellow Ciara Torres-Spelliscy runs down examples of fundraising groups that left political donors hoodwinked. // Read More

 

Justice
How Congress Can Strengthen Police Accountability
Far too often, police get away with egregious abuse and misconduct. One way to hold them accountable is by fixing the federal criminal civil rights law known as Section 242. The recent indictments of the officers involved with George Floyd’s murder only served to highlight how rarely prosecutions are brought under the statute, despite many instances where it seems warranted. Hernandez Stroud explains how the law was defanged by a 1945 Supreme Court decision and lays out the Brennan Center’s proposal to make it useful again. // Read More
America’s Penchant for Harsh Sentences
U.S. sentencing practices seem especially extreme when compared with countries like Canada, Germany, and the Netherlands. In the latest essay in our Punitive Excess series, Brennan Center Fellow Andrew Cohen explores the origins and effects of this particularly harmful brand of American exceptionalism and ways to mitigate it. // Read More

 

Constitution
New DOJ Guidelines on Domestic Violent Extremism
In order to address the rising threat of violent extremism domestically, the Justice Department is changing the way federal prosecutors handle related investigations. New guidelines aim to ensure coordination and consistency, and they provide for more robust data collection. “Tracking the number of investigations, indictments and convictions in each program category, and releasing this data publicly, is necessary to allow policymakers and the public to hold the FBI and Justice Department accountable,” said Brennan Center Fellow Michael German. // Yahoo News

 

Coming Up
  • Tuesday, May 25 // 12:30 p.m.–1:15 p.m. ET
    Larry Krasner worked as a criminal defense lawyer in Philadelphia for 30 years before being elected district attorney in 2017. In this virtual talk, Krasner will discuss his new book, For the People: A Story of Justice and Power, and offer an inspiring vision of how people can take back power and reform the criminal justice system. Krasner will be in conversation with Angela J. Davis, distinguished professor of law at American University Washington College of Law. RSVP today.
    This event is produced in partnership with New York University’s John Brademas Center.
  • Monday, June 7 // 12:00 p.m.–12:45 p.m. ET
    In his new memoir, After the Fall: Being American in the World We’ve Made, Ben Rhodes, deputy national security advisor under President Obama, shares insights from politicians, activists, and dissidents around the world who have been on the frontlines of the fight against authoritarianism and ethnonationalism. While clear-eyed about how the United States has contributed to these global trends, he offers a vision of how the country can usher in a brighter future. RSVP today.
    This event is produced in partnership with New York University’s John Brademas Center.
Want to keep up with Brennan Center events? Subscribe to the events newsletter.

 

News
  • Michael Li on the threat of partisan gerrymandering in the next redistricting cycle // Sacramento Bee
  • Sean Morales-Doyle on New York’s restoration of voting rights for previously incarcerated people // Gothamist
  • Harsha Panduranga on the potential of overreach from the Department of Homeland Security’s new domestic intelligence unit // Politico
  • Myrna Pérez on the wave of state voter suppression bills // Texas Public Radio
  • Michael Waldman on the self-perpetuating nature of the election fraud myth // New York Times