On The Docket 10/29/2021

John,

We are closely watching the new maps being drawn across the country. The once-a-decade redistricting process is key to determining whether a community can elect representatives who represent their interests.

And as more states move towards commissions as the means to draw maps, we need to remember that it is the results — whether the new maps are fair — that matter the most. The Virginia Redistricting Commission broke down, punting map drawing responsibilities to the conservative-leaning state Supreme Court because Republicans on the commission were not acting in good faith. Whether drawn by commissions or legislatures, I am keeping an eye on maps across the country and my team is ready to sue for fair representation if needed.

For more redistricting content, visit Democracy Docket’s website where the team writes about the ongoing redistricting process and tracks all related litigation.
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Let’s keep up the fight,
Marc

IN THE NATION’S CAPITAL

Revising the Spending Framework and Nominating Circuit Court Judges

Yesterday, President Biden announced a $1.75 trillion Build Back Better framework, revealing a substantially reduced package from the original budget resolution. The revised framework includes universal preschool, child tax credits, major incentives and investments to tackle the climate crisis, among other progressive priorities. However, there are still questions whether all Democrats will get on board considering other central priorities such as paid family leave, free community college and expanded Medicare coverage were removed. [link removed]

Just minutes after Senate Republicans filibustered the Freedom to Vote Act last week, Majority Leader Chuck Schumer (D-N.Y.) announced that the next bill he will bring to the floor is the John Lewis Voting Rights Advancement Act. Schumer has yet to schedule the upcoming vote, but without steps taken to reform the filibuster, the upcoming vote will likely face a similar fate as earlier bills. As we wait for federal action, we wrote about the crucial steps states can take to expand voting rights in ”Four Things States Can Do to Protect Voting.” [link removed]

In the Senate, voting rights advocate Myrna Pérez was confirmed as a judge on the 2nd U.S. Circuit Court of Appeals. Michael Waldman, President of the Brennan Center for Justice, wrote that the confirmation of his colleague “helps blaze a path for other nominees who come from civil rights, voting rights, or public defender careers. In state and federal courts, there is a lack of professional diversity on the bench, with former prosecutors overrepresented. Pérez, for example, will be the first prominent voting rights attorney on a federal appeals court since civil rights icon Thurgood Marshall.” Biden has also nominated Dale Ho, another prominent voting rights lawyer, who awaits confirmation in the Senate.

Additionally, the U.S. House of Representatives voted last Thursday to find Stephen Bannon, a close advisor of former President Donald Trump, in contempt of Congress after he refused to comply with a subpoena. This news comes in the midst of an ongoing House investigation of the Jan. 6 attack on the Capitol. To learn more about congressional oversight authority, read “Protecting Our Democracy Act Unpacked,” our latest bill breakdown where we dive into a piece of recently introduced legislation that aims to restore checks and balances and bolster transparency and accountability in the executive branch. [link removed]

IN THE STATES

Election Day Is Coming Up

Mark your calendars. Election day is next Tuesday, Nov. 2. While 2021 is considered an “off-year” for elections, and it may feel significantly less intense than last year’s general election, there are still crucial races taking place around the country. From statewide elections in New Jersey and Virginia to mayoral races and New York’s ballot measures, read more about the “The Races We’re Watching in 2021.”
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In our latest piece, we walk through the final steps to take these last few days before Election Day. To make sure your voice gets heard and to help friends and neighbors get out and vote, read our latest, “Get Out the Vote: Three Actions To Take Ahead of Election Day.” [link removed]


REDISTRICTING ROUNDUP

Whether by Commission or Legislature, Redistricting Processes Draw Criticism

Virginia — After struggling to merge the separate Democratic and Republican proposals, the Virginia Redistricting Commission failed to meet an Oct. 10 deadline to draw state legislative maps. Last week, the Commission reached another partisan stalemate over the congressional map, and while they could potentially return within the 14-day extension period, it looks likely that Virginia’s political future will fall into the hands of the conservative-leaning state Supreme Court. Reformers hoped a Commission would draw fair maps, but instead, it looks like the Commission will fail to draw any maps at all. Read “Redistricting Rundown: Virginia” to understand what went wrong. [link removed]

AND MORE:
With Texas and West Virginia joining the list, there are now six states that have completed their redistricting process. Some states are inching closer while others fail to meet deadlines. Yesterday evening, the Iowa Legislature approved new congressional and legislative maps, voting favorably on the second set of maps prepared by the nonpartisan Legislative Services Agency (LSA). In Iowa, the LSA is responsible for drafting new maps, although the Legislature can reject proposals — which it did on Oct. 5, rejecting the LSA’s first proposal. The Ohio commission had previously succeeded at drawing state legislative maps, but these were quickly challenged in court as partisan gerrymanders.
The Alabama Legislature began its redistricting special session yesterday, but early releases of draft maps drew criticism that the state was diluting the influence of Black voters. One lawsuit was filed earlier this fall against the current map, alleging that it unconstitutionally “packs” Black voters into one majority-minority district. The process in North Carolina is also facing criticism, with the National Democratic Redistricting Committee denouncing the narrow opportunities for the public to voice their opinions on the proposed maps.

IN THE COURTS

New Lawsuits Against Texas, Iowa and the Postal Service

Virginia — Last Friday, the Democratic Party of Virginia (DPVA) sued the U.S. Postal Service over its failure to process and deliver election-related mail in a timely manner, potentially leading to the disenfranchisement of Virginians seeking to cast absentee ballots for the upcoming statewide election on Nov. 2. According to the complaint, over 300,000 Virginians may attempt to vote by mail in the upcoming statewide election. However, due to the Postal Service’s new practices, as of Oct. 22 “28% of requested absentee ballots statewide have remained outstanding with the post office for more than three weeks after the date they were requested and delivered to the Postal Service by general registrars for delivery.” The complaint argues that the delays may significantly burden or even disenfranchise Virginia voters in violation of the First and 14th Amendments. After the DPVA filed a motion seeking a temporary restraining order, on Thursday the parties agreed to certain terms to ensure the timely delivery of election mail, which you can read more about here. [link removed] This is a huge win for Virginia voters and ensures that voting by mail remains a pillar of our elections.

Texas — On Monday, a lawsuit was filed on behalf of Voto Latino and Texas voters challenging the state’s newly-enacted congressional map under Section 2 of the Voting Rights Act. The plaintiffs argue that, by purposefully spreading out Latinx and Black communities in some districts and packing them into other districts, the new congressional map creates more opportunities for white voters and less opportunities for Latinx and Black voters to elect their representatives of choice. Specifically, the complaint alleges that, if districts were drawn to strengthen minority voting power rather than dilute it, Latinx voters could form the majority in at least eight congressional districts in southwest Texas — two more districts than the map provides — and Latinx and Black voters could hold more voting power in the Dallas-Fort Worth and Houston metropolitan areas. The lawsuit spells out Texas’ long history of discriminatory practices against voters of color, including during past redistricting processes, highlighting that in “every redistricting cycle since 1970, a federal court has ruled at least once that the State violated the Voting Rights Act or the U.S. Constitution during the redistricting process.” The suit asks the court to block the map and order the creation of a new map. This is the second lawsuit against the new congressional map; on Oct. 18, members of the Texas Latino Redistricting Task Force and voters challenged the state’s redistricting plans for congressional, legislative and board of education districts. [link removed]

Iowa — On Wednesday, the League of United Latin American Citizens (LULAC) of Iowa filed a lawsuit in Iowa state court challenging the state’s failure to provide non-English election materials to voters with limited English proficiency. The law at the center of this suit is the state’s “English-only Law,” which mandates that all political documents from the state “shall be in the English language.” This lawsuit focuses on an exception to this law, which states that translated materials are allowed if they are “​​necessary to secure the rights guaranteed by the Constitution and the laws of the United States of America or the Constitution of the State of Iowa.” LULAC argues that translating voting materials for Iowans with limited English proficiency falls under this exception and the court should declare that “because the right to vote is guaranteed by the Iowa Constitution, the U.S. Constitution, and federal law—and because Congress has already determined that native-language voting materials are necessary to secure the right to vote for citizens with limited English-language proficiency—the English-Only Law does not apply to voting materials.” [link removed]

AND MORE:
It was a busy week in Texas courts. First, a federal court in Texas dismissed a challenge to the drive-thru voting system in Harris County, a Democratic stronghold, that was in place for the 2020 general election. Days before the November 2020 election, the plaintiffs asked the district court to invalidate more than 100,000 votes already cast at drive-thru voting sites. The district court denied this request and dismissed the case. The 5th U.S. Circuit Court of Appeals similarly denied injunctive relief upon appeal last fall and, on Monday, fully dismissed the case after finding the plaintiffs lacked standing. [link removed]
On Wednesday, a federal court denied a motion to dismiss Vote.org v. Callanen, a case challenging Texas’ “wet signature” law. The law, House Bill 3107, requires individuals who submit their registration applications electronically or through fax to provide a copy of their application with their original signature signed with pen on paper — also known as a “wet-ink signature.” One of the defendants sought to dismiss the case by arguing that Vote.org did not have standing to sue him. The court disagreed, finding that Vote.org had sufficiently demonstrated standing and denied the motion to dismiss. The case will move forward against all defendants. [link removed]
Also this week, Texas Republicans filed a motion to intervene in a lawsuit in order to defend Texas’ voter suppression law, Senate Bill 1. To understand why S.B. 1 is so problematic, check out Marc’s latest piece, “Republicans Are Manufacturing Fake Fraud,” ([link removed]) where he explains how Republican legislatures enacted provisions that transform normal — even exemplary — behavior into voter fraud and how this will be used as the basis to overturn free and fair elections. [link removed]

WHAT WE’RE DOING

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

We’re taking action: Election Day is next Tuesday. To prepare, learn about the races that may be taking place in your state or city and review any state-specific requirements. [link removed] Next, no matter where you live, phone bank with voters in strategic races across the country or focus your efforts in increasing turnout in Virginia. [link removed]
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We’re listening: On Fridays, Marc hosts Twitter Spaces where he discusses all things voting and democracy and provides an opportunity for listeners to ask questions. Tune in today at 1:30 pm ET to join Marc in conversation with special guest Rev. Dr. William J. Barber II. Join the Spaces by going to the @DemocracyDocket Twitter account on your iPhone or Android. [link removed]

We’re watching: A CNN Special Report titled “STOP THE VOTE: The Big Lie’s Assault on Democracy” featuring Marc aired this week. The documentary, hosted by Dana Bash, is available on demand via cable/satellite systems, CNNgo platforms and CNN mobile apps. [link removed]

ASK MARC

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

Linda asks: What is the role of U.S. Attorney General Merrick Garland in democracy protection?

Marc: AG Garland has made voting rights a priority of the Department of Justice (DOJ) and has doubled the size of the voting rights section. While I hope that the DOJ brings more voting litigation, I have complete confidence that they are looking at each and every one of these laws and figuring out the best way for the federal government to weigh in. There are times when the DOJ is best situated to intervene, and there are other times when private litigants are best situated. We can approach and attack the same set of problems from different perspectives.

Amy asks: Why are moderates such as Sens. Mitt Romney (R-Utah) and Lisa Murkowski (R-Alaska) objecting to even having debate on the Freedom to Vote Act and other pro-voting reforms?

Marc: What passes for a moderate today is not what was considered to be a moderate even a few years ago, and this is especially true on voting issues. Republicans today recognize that they cannot win the presidency or maintain a majority in Congress without some type of voter suppression or gerrymandering. Instead of trying to persuade voters to support their party, Republicans have given up and focused exclusively on changing the rules of the voting to win.

WHAT BODE’S BARKING ABOUT

“Technology isn't the only reason voters may see fewer strangely shaped districts when redistricting is completed later this year. Americans are self-sorting — increasingly living near like-minded voters.” Axios [link removed]

“As states redraw state legislative and congressional maps using 2020 Census data, new research released by the Institute for Democracy and Higher Education Thursday shows that college campuses — especially historically Black colleges and universities — have become prime targets of partisan gerrymandering.” Inside Higher Ed [link removed]

“North Carolina is one of at least three states where Republicans say they are drawing maps without looking at racial and party data. But those maps still happen to strongly favor the GOP. Democrats and civil rights groups are incredulous, noting that veteran lawmakers don’t need a spreadsheet to know where voters of various races and different parties live in their state.” AP [link removed]




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