Your weekly source for analysis and insight from experts at the Brennan Center for Justice

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The Briefing

The Supreme Court made a huge mistake when it gutted the Voting Rights Act in 2013. Now Congress has the opportunity to right that historic wrong with a bill that just reached the floor of the House.

Before the 2013 ruling in Shelby County v. Holder, jurisdictions with a history of race-based voter suppression had to get permission from the federal government before changing election rules. As soon as the Supreme Court did away with this requirement, states unleashed restrictive voting laws, many of which had previously been blocked.

The bill that passed out of the House Judiciary Committee last week, the Voting Rights Advancement Act, would restore and modernize the core safeguards of the Voting Rights Act. And it does so by using a legal door that the Shelby County ruling explicitly left open. In addition to reestablishing the permission requirements in certain states, the legislation includes notice and transparency rules for voting changes. It also reinforces the federal government’s authority to assign observers to polling locations in places that need them.

The Voting Rights Act enjoyed bipartisan support for decades. (The last time there was a reauthorization, in 2006, it passed the Senate 98–0.) The six years without its protections have made clear that they are still sorely needed, and Congress should move quickly to bring them back ([link removed]).

Constitution

Strengthening Laws Outlawing Domestic Government Propaganda

By design, Voice of America and Radio Free Europe broadcast news only outside the United States to showcase the free press. But lately, news from these networks have turned more pro-White House, and the agency in charge has started targeting American audiences. The Brennan Center’s Raya Koreh writes that vigorous congressional oversight is critical to ensuring the government doesn’t use covert propaganda to mold U.S. public opinion. // READ MORE ([link removed])

Democracy

How to Secure Elections for 2020 and Beyond

With Election Day 2020 just over a year away, states urgently need federal funding to prepare for the cyberattacks that are likely to come. Key measures for safe and fair elections include upgrading voting machines, local cybersecurity training and staff, and post-election audits.

“Congress has a bad habit of throwing money at our election infrastructure only when things go off the rails,” writes Lawrence Norden, director of the Brennan Center’s Election Reform Program. “The danger to democracy is too great to wait until it’s too late.” // READ MORE ([link removed])

The Temptation of Super PACs

The fallout from Citizens United has surfaced in the Democratic presidential primary race. Last week, the Biden campaign announced it is rolling back its opposition to getting help from super PACs. Although both parties have embraced super PACs for their general election presidential campaigns and congressional races, the Democrats had until now stuck with their commitment to overturning Citizens United by shunning big donors in presidential primaries. Under court rulings, super PACs can raise huge sums — far higher than what a candidate could — so long as it is supposedly “independent” of the candidate.

“The Biden turnabout illustrates a continuing problem in the frustrating long-term quest to drive megadonors out of politics,” writes Brennan Center Fellow Walter Shapiro. “Candidates may support campaign reform in theory, but self-interest is what prevails in practice.” // READ MORE ([link removed])

News

- Michael Waldman on abuse of power and impeachment // MSNBC ([link removed])

- Max Feldman on election legislation in Pennsylvania // THE HILL ([link removed])

- Sean Morales-Doyle on early voting in New York // NY1 ([link removed])

- Lawrence Norden on the importance of having a paper backup for every vote // FORTUNE ([link removed])

Have an issue you'd like us to cover? Feedback on this newsletter? Email us at [email protected]
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The Brennan Center for Justice at NYU School of Law is a nonpartisan law and policy institute that works to reform, revitalize – and when necessary defend – our country’s systems of democracy and justice.

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