10/01/2021
It’s not surprising that the final Republican report in Arizona did not claim that Trump won the 2020 election. That was always besides the point.
Instead, it offers a blueprint for Republicans in 2022.
By undermining confidence in our elections, Republicans achieve several interrelated goals: to create grievance among voters to motivate them to turn out in 2022, to create excuses to further limit voting rights under the guise of “security” and to create a sense that the outcome of elections is unknowable and subject to different interpretations.
And by reporting on the results of Republicans’ sham Arizona review as if it was a true review, the media did the Republican Party’s bidding. In my latest piece, I explain how this narrative suggested Cyber Ninjas had counted ballots in a manner that was worth reporting, thereby legitimizing their methodology and, by implication, the other aspects of the report that were plainly nonsense.
Read my latest piece, “Arizona Proves Again That Trump Is the GOP’s Useful Idiot.”
Let’s keep up the fight,
Marc
Congress Stalls on Important Action
A vote on the Freedom to Vote Act has yet to be scheduled in the Senate, as Congress contended with a busy week on Capitol Hill. “With so many critical issues to address, the last thing the American people need right now is a government shutdown,” said Majority Leader Chuck Schumer (D-N.Y.) prior to Congress passing a spending bill late Thursday afternoon that would extend federal funding through early December. The legislation will also provide emergency aid to support Afghan refugee resettlement and disaster aid across the country for communities ravaged by recent natural disasters. Since the legislation is only a temporary measure, lawmakers now have more time to come to an agreement on additional bills that dictate federal spending.
In August, Reps. Sharice Davids (D-Kan.) and Tom Cole (R-Okla.) introduced the Frank Harrison, Elizabeth Peratrovich and Miguel Trujillo Native American Voting Rights Act (NAVRA). Senator Ben Ray Luján (D-N.M.) led the introduction of the Senate’s companion bill a few days prior. This week, we break down the Act and explain how key provisions tackle the unique barriers to voting faced by Native American communities. Read “The Native American Voting Rights Act Unpacked” for more.
Fraudulent Audits Further Trump’s “Big Lie”
Arizona — On Friday afternoon, the Arizona Senate released the results of its sham “audit” of the 2020 election results in Maricopa County. The effort, backed by nearly $6 million from pro-Trump groups and led by a company founded by a “Stop the Steal” conspiracy theorist and with no experience in election procedures, did not find evidence to suggest the county’s original canvass of the vote was inaccurate in any way. The entire audit process the Senate led has been resoundingly criticized by election experts and both Arizona Secretary of State Katie Hobbs (D) and the Republican-controlled Maricopa County Board of Supervisors. While the results are disappointing to Republicans who hoped the audit would validate former President Trump’s unfounded claims of a stolen election, Republicans are likely to use the report’s recommendations — based on faulty data and methodology — to justify more laws restricting the voting rights of Arizonans.
Texas — Just before the release of Arizona’s sham audit results, the Texas secretary of state’s office announced that it would conduct a 2020 election audit in four major counties — Dallas, Harris, Tarrant and Collin Counties. The statement did not outline a reason for the audit. However, former President Donald Trump released a letter calling for Gov. Greg Abbott (R) to back legislation that would create a “forensic audit of the 2020 election” just hours before the announcement. Harris County Elections Administrator Isabel Longoria criticized the audit as “another attack by officials on our communities’ trust in elections."
California — On Monday, California Gov. Gavin Newsom (D) signed Assembly Bill 37 into law, requiring all registered voters to receive a mail-in ballot at least 29 days before every election. “Vote-by-mail has significantly increased participation of eligible voters,” said California Secretary of State Dr. Shirley Weber (D). “Voters like having options for returning their ballot whether by mail, at a secure drop box, a voting center or at a traditional polling station." By making this reform permanent, California joins states like Washington, Utah and Colorado who have been facilitating elections by mail for years, even prior to the COVID-19 pandemic. The law takes effect in January 2022, and will be implemented in statewide elections in June and November.
States Begin to Approve Final Maps
Illinois — Last Friday afternoon, Gov. J.B. Pritzker (D) approved Illinois’ revised state House and Senate redistricting maps. Illinois was the first state to begin the redistricting process, using estimates to approve state House, Senate and Supreme Court districts on June 4, ahead of a state constitutional deadline and prior to the U.S. Census Bureau’s release of final data. This move was challenged in court by both GOP legislative leaders and the Mexican American Legal Defense and Educational Fund (MALDEF) because the maps were based on population estimates, rather than final data. In his statement, Gov. Pritzker highlighted that the new maps “preserve minority representation and reflect Illinois’ diversity.” No Republican member of the General Assembly voted to advance the maps, which are likely to deepen the Democratic supermajority in the state. Illinois’ population loss in the past 10 years means The Prairie State has one less congressional seat to draw when the Legislature considers new congressional districts in October.
Texas — On Monday, the Texas State Senate released its proposed U.S. congressional maps, maintaining the state’s Republican advantage in Washington. The Lone Star State gained two new congressional seats in the latest census, which were added in Austin and Houston. Notably, 95% of Texas’ growth is attributed to communities of color. The map creates safer Democratic districts for Reps. Colin Allred (D) and Lizzie Pannill Fletcher (D), who flipped their districts in 2018. But by lumping Democratic voters together in a practice called “packing,” the GOP-created map can actually help Republican candidates in neighboring districts. Analysis suggests that there is no new majority Latino district even though the state’s Latino population has reached the same size as the state’s white population. On Thursday, the Texas House filed the first draft statewide plan for new House districts. The draft map both increases Republican strength in the state and reduces the number of Black and Hispanic majority districts. This is the first time in decades that Texas does not have to seek federal approval for new districts to ensure it does not disenfranchise voters of color.
Oregon — On Monday, Oregon Gov. Kate Brown (D) signed new congressional and state legislative districts into law, making Oregon the first state to enact a congressional map this year. The move came after a potential Republican walkout threatened to prevent Democrats, who control redistricting in the state, from passing new districts before a Monday deadline. Had the Legislature not acted, legislative and congressional redistricting would have been turned over to Oregon Secretary of State Shemia Fagan (D) and a panel of judges, respectively. Due to strong population growth during the last decade, Oregon gained a sixth district in Congress; the approved plan includes three safe Democratic seats, one safe Republican seat, one seat that leans Democratic and one highly competitive seat. Oregon House Republican Leader Christine Drazan hinted at an “inevitable court challenge ahead” for the newly-enacted maps.
AND MORE:
- The Republican-controlled Georgia Senate released its first draft of U.S. congressional districts this week. Georgia’s congressional delegation currently has eight Republicans and six Democrats, as a diversifying population is pushing the traditionally conservative state more blue. Notably, the proposed map shifts more conservative areas into Rep. Lucy McBath’s (D) 6th District in the hope for the GOP to take the seat next November.
- The Colorado Independent Congressional Redistricting Commission voted 11-1 to approve a congressional map late Tuesday evening, adding a new, highly competitive district north of Denver. The new map could send an equal number of Democrats and Republicans to Congress, despite the fact that Colorado has gone blue in the past few presidential elections, most recently with Biden winning by a significant 13.5 percentage points.
- Looking for more redistricting content? Visit our redistricting Alerts page for updates as more and more states draw new maps this fall. This week, Washington, Arkansas and West Virginia released proposed maps with the drafts from Michigan’s citizen redistricting commission facing criticism. On Wednesday, Maine became the second state to complete congressional redistricting this cycle after a two-thirds supermajority in the Legislature and Gov. Janet Mills (D) approved the maps. Nebraska joined in on Thursday, approving both congressional and state legislative maps.
- Since the 1990s, North Carolina has been considered one of the most gerrymandered states in the country. But what are the tangible consequences of racial and partisan gerrymandering? This week, in “Gerrymandering Deep Dive: North Carolina,” we look closely at the Tar Heel State’s history and how its map drawing negatively impacts political representation, divides communities and warps national politics.
Can the Courts Ensure Fair Maps?
Wisconsin — The Republican-controlled Wisconsin Legislature filed a petition with the U.S. Supreme Court asking it to intervene in and stop an ongoing federal lawsuit about the state’s redistricting process. The petition argues that the U.S. District Court for the Western District of Wisconsin lacks jurisdiction over the case and is allowing a “premature” lawsuit without proper standing to continue. The petitioners assert that the redistricting process should remain entirely in the state’s domain. Of particular concern to the petitioners is that the federal district court refused to pause its proceedings while a redistricting challenge is litigated at the Wisconsin Supreme Court, which currently has a conservative majority. The petitioners write that the “absence of jurisdiction is indisputable, principles of federalism are at their zenith, and there is no other adequate means to stop federal courts, including the court below, from exceeding their jurisdiction in an area as sensitive as reapportionment.”
Ohio — Last Friday, a second lawsuit was filed in the Supreme Court of Ohio challenging Ohio’s newly-drawn state Senate and House maps. The complaint argues that the new maps violate Article XI of the Ohio Constitution, an amendment passed by a majority of voters in 2015 that explicitly bans partisan gerrymandering. The suit raises multiple concerns with the maps, including the fact that the bipartisan commission did not meet the state’s constitutionally-mandated deadlines and “did not actively engage with public input.” The suit argues that the new maps do not accurately reflect the will of Ohio voters, seek to entrench Republican supermajorities in the Legislature and “pack and crack” communities of color. On Monday, a third lawsuit was filed, arguing that the new maps are “severe” partisan gerrymanders that entrench Republican supermajorities in both chambers of the General Assembly, in violation of the Ohio Constitution. Along with diluting the voting power of Democrats, the complaint suggests that these maps intentionally weaken the influence of the state’s growing Black and Muslim communities. Both suits ask the court to declare the new maps invalid and order the creation of fair maps.
AND MORE:
- The Democratic Senatorial Campaign Committee (DSCC) and Democratic Congressional Campaign Committee (DCCC) moved to intervene in Mi Familia Vota v. Hobbs, a lawsuit challenging two recently-enacted laws in Arizona — one concerning voter roll purges and the other regarding the ballot cure process.
- A sixth lawsuit was filed against Texas’ voter suppression law, S.B. 1. The complaint argues that S.B. 1 violates the First and 14th Amendments, Section 2 and Section 208 of the Voting Rights Act (VRA).
- A group of Alabama voters filed a lawsuit in federal court alleging that the state’s current congressional map is malapportioned after the release of 2020 census data and is a racial gerrymander in violation of the 14th Amendment. The suit asks the court to prohibit the use of the current map and step in to implement a fairly-apportioned map if the Alabama Legislature is unable to do so before the 2022 election cycle.
Three things to do today to stay engaged in the fight!
We’re taking action: National Voter Registration Day took place on Tuesday. Even if you missed the festivities, make sure to check your registration status here.
We’re taking action: New Jersey and Virginia are the only two states with gubernatorial elections coming up in November. New Jersey Gov. Phil Murphy (D) is seeking re-election while former Virginia Gov. Terry McAuliffe (D) faces Trump-endorsed Republican Glenn Youngkin. We need all hands on deck to protect Virginia’s Democratic trifecta and keep the governorship blue. Find out how you can help here.
We’re watching: Did you miss Marc’s conversation with Swing Left this past Tuesday? You can watch the full recording here and get caught up on how redistricting will impact the 2022 elections and beyond.
First, We Invest. Then, We Build
In this week's Spotlight, Ross Rocketto and Kat Calvin, founders of Run for Something and Spread The Vote and the Project ID Action Fund, respectively, stress the utmost importance of local and state legislative elections. Instead of simply focusing on Presidential and Congressional elections, investing in down-ballot races is an overlooked way to elect progressive candidates, push for more representative leaders and protect our democracy from the current assault on voting rights. “If we want to see a future where all eligible citizens can vote and our elected leaders are more reflective of the communities they lead, we must redouble our efforts locally,” write Rocketto and Calvin. Read more from these two leaders in “First, We Invest. Then, We Build.”
Each week, we pick a few reader questions about all things elections and share Marc’s answers. Got a question? Submit it here!
Sarah asks: Won't some voter restriction laws also negatively impact Republican voters? I'm thinking specifically of curbing vote by mail and Montana's end of Election Day voter registration.
Marc: Yes, of course. While Republican voter suppression laws target young voters and communities of color (traditional Democratic voters), the bottom line is that these restrictions make it harder for everyone to vote, regardless of party.
Laura asks: If we pass the Freedom to Vote Act, which creates requirements for federal elections, could a state still apply different requirements (voter ID, early voting, etc.) for their state and local elections?
Marc: In theory, maybe. In practice, states would have a difficult time administering and justifying having one set of rules and ballots for federal elections and one for state elections. Several states have threatened to do just this.
“If political journalists are in a war against disinformation, then the primary battlefield is the Republican Party’s increasingly authoritarian attacks on voting and election integrity… The right of people to pick their government shouldn’t be controversial. Reporters and editors shouldn’t be bashful about being pro-democracy — which means supporting maximum access to voting and making sure every vote is properly counted.” Press Watch
“With Democrats holding a slim eight-seat margin in the House, and Republicans in control in most states that are adding seats as a result of the 2020 Census count, legislative and legal battles over how the lines are drawn are certain to have an impact on the 2022 midterm elections.” CBS News
“In recent weeks, efforts in Arizona, Ohio, Michigan and Virginia have been a cruel awakening for those who had hoped commissions might bring balance… Voters wanted the partisan manipulation to end. What they’ve got instead is partisans in too many states twisting redistricting commissions into something resembling the old back rooms, determined to continue contorting legislative maps — and democracy itself — into something all but unrecognizable.” NYTimes
