10/15/2021

John

We are one, maybe two, elections away from a constitutional crisis.

In the days following the November 2020 election, Trump and his allies executed a plan to subvert the election results. While they failed, Republicans learned from the experience and are prepared to try again.

Immediately following the insurrection on January 6, Republican state legislatures began laying the groundwork for 2022 and 2024. They enacted new voter suppression laws optimized to disenfranchise Black, brown and young voters. They created false narratives of election irregularities and rallied their supporters around the Big Lie. Most recently, they began using their power in the redistricting process to ensure Republicans control the U.S. House over the next decade.

Election subversion begins with the rules used for voting and continues through state certification processes. Critically, we must also resist the advice to disconnect the fight for voting rights from the fight against election subversion. In my latest piece, I explain how the two fights are deeply connected and how Congress can reform the state election certification process, currently the point of greatest vulnerability for election subversion.

My fear is that those who support democracy are not as prepared or as focused as those who seek to subvert it. Now is the time to act, so what should we expect?

Read my latest, “How the GOP Will Try To Subvert Our Elections,” to find out.

Let’s keep up the fight,

Marc

Important Senate Vote Scheduled and White House Re-evaluates Federal Holidays

Senate Majority Leader Chuck Schumer (D-N.Y.) announced yesterday that the Senate will hold a procedural vote to advance S. 2747, the Freedom to Vote Act, next Wednesday. While the Freedom to Vote Act is backed by the Senate Democratic Caucus and President Biden, Senate Minority Leader Mitch McConnell (R-Ky.) has already announced that no Republicans will support the bill. A filibuster like the one that killed the For the People Act earlier this year is likely. Should that occur, the fate of the Freedom to Vote Act will depend on the steps Senate Democrats are willing to take to circumvent Republican opposition, such as a carve-out for voting rights or eliminating it entirely. Learn more about this landmark legislation in “The Freedom to Vote Act Unpacked.”

While the Senate contends with voting legislation and a spending package, the White House reconsidered how and who we honor through federal holidays. Last Friday, President Joe Biden issued a proclamation celebrating Indigenous People’s Day on October 11, 2021, the first U.S. president to do so. Biden simultaneously issued a proclamation on Columbus Day, but included a portion of that statement dedicated to acknowledging “the painful history of wrongs and atrocities that many European explorers inflicted on Tribal Nations and Indigenous communities.” There are currently more than 130 cities across the nation that celebrate Indigenous People’s Day in lieu of Columbus Day, along with a growing number of states. Sens. Ben Ray Luján (D-N.M.) and Martin Heinrich (D-N.M.) and Rep. Norma Torres (D-Calif.) recently introduced legislation for Indigenous People’s Day to become an official federal holiday. Sen. Luján also introduced the Native American Voting Rights Act earlier this summer.

Learn how Native Americans have consistently and intentionally been left behind in the promises of equality and representation in our latest Data Dive, “Barriers to the Ballot for Native Americans.” Here, we explore a report published by the Native American Rights Fund (NARF) that examines systemic issues hindering the political participation of Alaskan Native and American Indian voters.

The Races We’re Watching in 2021

The elections this November may be during the off-year, but that doesn’t mean they are any less important. Elections for state and local offices influence the direction of public policy — with life-changing consequences for many people — and provide clues about the political direction of the country and trajectories of both major political parties.

This week, we highlight some races on the ballot that you won’t want to miss — from gubernatorial races in Virginia and New Jersey and special elections in Ohio to critical judicial races in Pennsylvania and mayoral contests in major American cities. Read “The Races We’re Watching in 2021” on Democracy Docket now.

Virginia’s Commission Stalls While Other States Consider New Proposals

Virginia — Last Friday, the Virginia Redistricting Commission failed to approve final district maps for the General Assembly. The committee’s eight Democrats proposed developing final plans from a Republican-drawn House of Delegates map and a Democratic-drawn Senate map, but Republicans rejected this offer, prompting several Democrats to walk out of the meeting. The walkout deprived the commission of a quorum, leaving it unable to meet an Oct. 10 deadline. Virginia is using a redistricting commission for the first time this year after voters approved a constitutional amendment in 2020. The process, however, has been mired in controversy from the start, with the commission struggling to blend Democratic and Republican proposals and deadlocked over how to best ensure the political representation of minority groups. The commission’s failure to approve new maps for the General Assembly by the deadline means map-drawing is now the responsibility of the conservative-leaning Supreme Court of Virginia. The Supreme Court will hire two experts — one selected by Republicans and another by Democrats — to draw maps for the justices to consider. Despite the failure to approve General Assembly maps, the commission expects to continue working on new congressional districts.

Colorado — On Tuesday evening, the Colorado Independent Legislative Redistricting Commission approved the map for state Senate districts, one day after approving the state House map. Democrats are expected to maintain their majority in both chambers. After making changes earlier in the evening to reach an agreement, the state Senate proposal gained unanimous support, while the House map was approved 11-1. Colorado voters passed Amendments Y and Z in 2018, reforming the state’s redistricting process and handing the map drawing power to a selection of 12 volunteers from across the state. The commission is composed of four Democrats, four Republicans and four unaffiliated commissioners and is advised by nonpartisan staff. The maps now advance to the state Supreme Court for final approval. In the meantime, the court is currently reviewing the submitted congressional map and heard oral arguments on Tuesday. For more on Colorado's new redistricting process and the critiques to its congressional map, take a look at last week’s “Redistricting Rundown: Colorado.”

AND MORE:

• Arkansas Gov. Asa Hutchinson (R) announced that he would let the state’s congressional map become law without his signature, permitting redistricting challenges in court. “The removal of minority areas in Pulaski county into two different congressional districts does raise concerns,” said Gov. Hutchinson, referencing the critiques to the map approved by the General Assembly last week.
• Delaware and Massachusetts released draft state legislative maps this week. Michigan’s Independent Redistricting Commission voted to advance four congressional, three state Senate and three state House maps; they are now seeking public input before deciding on the final maps. Utah’s commission released six congressional drafts last Friday, with a central disagreement on how to divide Salt Lake City. However, the commission is only advisory and the Republican-controlled Legislature can modify or reject proposals.

The Fight Against Voter Suppression Laws Continues as Redistricting Takes Center Stage

Florida — Last Friday, a judge for the U.S. District Court for the Northern District of Florida allowed four cases challenging provisions of Florida’s voter suppression law, Senate Bill 90, to move forward. The cases challenge a combination of provisions in S.B. 90 including: drop box restrictions, a vote-by-mail repeat request requirement, a volunteer assistance ban on returning more than two mail-in ballots, a deceptive registration warning required for third-party voter registration organizations, vote by mail application restrictions and a linewarming ban. Each case faced at least one motion to dismiss by either the Florida secretary of state or attorney general, each of which the court granted and denied in part. In particular, the court ordered the state’s county election supervisors to actively participate in two cases where a claim is directly connected to them. The supervisors had previously requested to be excused from actively participating in the cases, but they now must choose to either “default or defend” the challenged provisions.

Oregon — On Monday, a lawsuit was filed in Oregon state court on behalf of four Republicans, all former elected officials in the state, challenging the state’s newly-passed congressional map. Oregon was the first state to enact a new congressional map earlier this year. The petition argues that the map, which splits the state into six congressional districts, is a partisan gerrymander that favors Democrats in violation of the Oregon Constitution. The lawsuit argues that the new map was enacted through a “highly partisan process” controlled by Democrats who allegedly refused to negotiate with Republicans on proposed maps. The petitioners assert, without providing evidence of such discussions, that “​​Oregon Democrats in the Legislative Assembly knew and privately discussed with members of their own party on the House Redistricting Committee that the proposed map was obviously politically gerrymandered in the Democrats’ favor and would never withstand a court challenge.” The petitioners ask the court to both block the map from going into effect and draw new congressional districts.

Montana — On Tuesday, the Montana Democratic Party, Montanans for Tester and a Montana voter filed a lawsuit in federal court challenging one of Montana’s newly-enacted voter suppression laws, Senate Bill 319, that the parties allege targets college-age voters. The challenged provision of S.B. 319, the Student Organizing Ban, forbids any political committee or student organization from partaking in activities including “voter identification efforts, voter registration drives, signature collection efforts, ballot collection efforts, or voter turnout efforts for a federal, state, local, or school election inside a residence hall, dining facility, or athletic facility operated by a public postsecondary institution.” The suit argues that, by specifically singling out college locations but not other public buildings, this law is intended to limit the organizing efforts and political speech of Montana’s college students in violation of the First, 14th and 26th Amendments. This is the second lawsuit filed challenging S.B. 319; the first lawsuit was filed in state court. Montana saw record voter turnout during the 2020 general election, with participation among voters aged 18 to 29 rising almost 40% since the prior general election. The suit asks the court to prohibit the enforcement of this law.

AND MORE:

• The South Carolina State Conference of the NAACP and a voter sued the state on Tuesday over its current congressional and legislative maps. The suit alleges that, since the South Carolina Legislature is currently adjourned without any plans to address redistricting or to reconvene until January 2022, the state is left with unconstitutionally malapportioned maps that violate the principle of equal representation. The plaintiffs ask the court to block the use of current maps for future elections and create a schedule for implementing new maps if the Legislature does not do so in time for 2022 elections.

Three things to do today to stay engaged in the fight!

We’re taking action: This week we wrote about “The Races We’re Watching in 2021.” We need people to get involved, with an especially important focus on keeping Virginia blue and electing Democratic statewide judges in Pennsylvania.

We’re watching: Last night, the NAACP Legal Defense Fund hosted a digital roundtable on Washington, D.C. statehood and how it's a question of civil rights, voting rights and racial justice. Find a recording of the event here and learn more about the fight for D.C. statehood from Mayor Muriel Bowser in “Washingtonians Demand What We are Owed.”

We’re listening: The “Now & Then” podcast uses a historical lens to examine the contemporary challenges of today. Hosted by historians Heather Cox Richardson and Joanne Freeman, you can find episodes on “Attacking and Defending Voting Rights,” “Judging the Supreme Court,” “Split Party Politics” and more here.

Did You Miss Some Recent Spotlights?

This week, a second lawsuit was filed against a Montana voter suppression law. Learn more about how this, and several other recently-enacted laws suppress young voters in the state in “Protecting Montana’s Youth Vote.”

We know the stakes are high in next month's elections in Virginia, but what happens when we elect Democrats who support expanding voting rights? Hear from two state legislators who helped pass the state’s own Voting Rights Act in “Virginia Is Leading the Way on Voter Protection.”

You can find all of our Spotlights on our website and hear directly from the activists, elected officials, legal experts and more who are on the ground in the fight for democracy.

Each week, we pick a few reader questions about all things elections and share Marc’s answers. Got a question? Submit it here!

Amy asks: We often hear about legislation or litigation as a means to improve elections, I’m curious about regulatory authority. Is there anything useful the Election Assistance Commission (EAC) can do?

Marc: The EAC is distinct from the Federal Election Commission (FEC), which handles campaign finance. The EAC was established by the 2002 Help America Vote Act to assist states with better election administration. The EAC has been hindered by Republican intransigence and not met its full potential. Hopefully, in any new reforms, the EAC will be given a bigger budget and more responsibility, as it could be playing a larger role in a system where election administration is severely underfunded.

CJ asks: I live in Florida’s 4th Congressional District, a highly gerrymandered, red district that removes the urban core of Jacksonville. Considering there was a Florida constitutional amendment regarding fair maps in 2010, what’s going on here?

Marc: In advance of the 2010 redistricting cycle, Florida passed a fair maps amendment to its state constitution and set up a process for automatic state Supreme Court review for state legislative maps and an option for review for congressional maps. Following the 2011 redraw, all three maps were subject to legal challenges. Resolution of the challenges to the congressional map took a long time, and Republicans fought the whole way, but the Court eventually threw out the initial maps and changes were made. If Republicans gerrymander again, they should expect to be sued again.

“But Hood County stands out nationally and within Texas because it offers a rare view into the virulent distrust and unyielding political pressure facing elections administrators even in communities that Trump safely won. The county also represents the escalation of a wider push to replace independent administrators with more actively partisan election officials, said David Kimball, a professor of political science at the University of Missouri-St. Louis.” The Texas Tribune

“Nine months ago, Republicans were questioning Donald Trump’s place as the lead fixture of their party. Saturday night provided the clearest evidence yet that they want him right there. Not one year removed from surviving a second impeachment, the former president rallied before thousands of his most loyal supporters across the Iowa State Fairgrounds on a balmy Midwestern evening… But the notable elements were not what was said by Trump, but who was there with him.” Politico

“As Georgia’s secretary of state, Raffensperger has taken several chances to link Trump’s lawlessness to Abrams, and that should remind us: He’s not a rational, independent mind. He’s just a Republican committed to attacking Democrats.” MSNBC