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

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The Briefing

One year from now, the nation votes in the 2020 election. Every four years, we hear the well-worn claim that this is one of the most important elections ever. Well, this time, it seems, it might be true. And in troubling ways, the integrity of the country’s democratic system itself will be at stake. Over the past decade, 25 states passed new laws to make it harder to vote for the first time since the Jim Crow era. The Supreme Court’s 2010 ruling in Citizens United has tilted the campaign finance system in favor of a small group of wealthy megadonors. And U.S. elections are still vulnerable to foreign interference, as many state-level efforts to bolster election security remain unfunded or underfunded. How can we ensure the election will be free, fair, and secure?

In the year ahead, the Brennan Center will continue to be hard at work to fight voter suppression and reform money in politics. And when it comes to election security, there is still time for states to update voting machines, provide cybersecurity support, and be prepared to respond to an attack. The House appropriated $600 million, but the Senate has not acted, and a looming government shutdown may keep needed funds out of the budget. Sign our petition today ([link removed]) to tell Congress to act now and pass adequate election security funding before it’s too late.

Democracy

The Era of the Voter Purge in Georgia Continues

Georgia officials announced last week a plan to cancel about 330,000 voter registrations because the individuals have not cast a ballot for several years. The purge comes after Georgia canceled more than 530,000 registrations in July 2017, the largest single removal of voters in U.S. history. The Brennan Center has found that voter purges, which often disenfranchise eligible voters, have surged in states with a history of voting discrimination. States should keep accurate lists, but must be careful to ensure legitimate voter registrations aren’t inadvertently canceled, said Myrna Pérez, director of the Brennan Center’s Voting Rights and Elections Program. // ATLANTA JOURNAL-CONSTITUTION ([link removed])

Brennan Center Senior Fellow Named NYC Corporation Counsel

James Johnson, senior fellow at the Brennan Center, was named last week as the new corporation counsel for New York City, where he will lead the city’s Law Department and oversee the work of hundreds of attorneys. Johnson’s new role follows a tenure in the office of New Jersey Gov. Phil Murphy. He previously served as the chair of the Center’s board for more than seven years. “I’ve known him to be an excellent lawyer both in private practice and public service, and I’ve seen him advocate for the rights of those in need at the Brennan Center,” said Frederick A.O. “Fritz” Schwarz, chief counsel of the Brennan Center and a former corporation counsel. “I have no doubt he’ll bring that same philosophy to work on New York City’s behalf.” // NEW YORK LAW JOURNAL ([link removed])

Justice

Crime Is Down. Does President Trump Deserve Credit?

Crime, violent crime, and murder rates in the United States dropped significantly in 2018, according to data published by the FBI in September. The findings reinforce a decades-long overall trend of declining crime rates across the country, except for increasing homicide rates in 2015 and 2016. Last week, President Trump appeared to claim credit on behalf of his administration for the overall decline in crime rates. However, his boast embraced three dangerous myths about crime and policing, write the Brennan Center’s Ames Grawert and Cameron Kimble. // READ MORE ([link removed])

What 2019 State and Local Elections Will Mean for Justice Reform in America

Today is Election Day, and a number of local elections will have a profound impact on criminal justice reform efforts across the country, according to Brennan Center Fellow Andrew Cohen. They include several hundred races for local sheriffs and prosecutors. Additionally, key district attorney races in New York and Pennsylvania will set precedent for how local enforcement will address the country’s fentanyl and opioid crisis. These races are unfolding in the shadow of the First Step Act, the most significant federal justice reform legislation in years. // READ MORE ([link removed])

A State Supreme Court Ruling to Make Fines More Fair

Tyson Timbs pleaded guilty to a crime that carried a maximum fine of $10,000 — and the state of Indiana seized his $42,000 SUV. Timbs challenged the state’s action, arguing that it violated the Eighth Amendment, which prohibits excessive fines. Indiana, in turn, argued that this protection only applied to the federal government, not to states. The case made it to the U.S. Supreme Court, which ruled unanimously in February that the Eighth Amendment’s excessive fine prohibition does apply to state governments. And in a ruling last week, the Indiana Supreme Court held that the seizure of Timbs’ vehicle was indeed a fine but sent the case back to the trial court to determine if it was excessive. // READ MORE ([link removed])

Constitution

Ukraine Whistleblower Came Forward in Spite of Weak Protections

A whistleblower complaint about President Trump’s phone call with the president of Ukraine, in which he asked for help investigating a political rival, has culminated in an official impeachment inquiry. But the fact that the whistleblower’s complaint ever made it to Congress may have had more to do with good fortune than good law. “We’re very lucky,” said Elizabeth Goitein, co-director of the Brennan Center’s Liberty & National Security Program. The whistleblower could easily have been thwarted in his or her attempts to sound an alarm, she said. That’s because “the law that supposedly protects intelligence community whistleblowers is such a mess.” // WHOWHATWHY ([link removed])

News

- Faiza Patel on federal law enforcement’s use of “behavioral threat assessments” to counter mass shootings // CNN ([link removed])

- Sean Morales-Doyle on the history and racist intentions of criminal disenfranchisement // KUNC ([link removed])

- Liz Howard on improvements since 2016 in state and local election officials’ relationships with the federal government on cybersecurity // THE HILL ([link removed])

- Michael Li on the effects of court rulings on redistricting in North Carolina and other states // AP ([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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