On The Docket 12/31/2021

John,

Happy New Year!

Before we head into the crucial 2022 midterm election year, we want to give some space in this newsletter to reflect on 2021.

Across the country, Republican legislators introduced hundreds of new voter suppression bills, Trump and his “Big Lie” allies continued to sow dangerous, election-subverting claims and all 50 states embarked on the once-a-decade redistricting process. As the pandemic continued to disrupt our lives and democracy was continually challenged, our team worked hard to meet the moment and cover the issues you care most about.

And, we couldn’t have made it through the year without you fighting with us.

On the last day of the year, we also wanted to highlight the other content — the music, books, people and more — that inspired and entertained us through 2021. For Marc’s favorites and some special picks from the Democracy Docket team, read “What Got Us Through 2021.” [link removed]

We hope you have a safe and healthy start to the new year.

Warm wishes,
Team Democracy Docket

IN THE NATION’S CAPITAL

Senate Faces Important Legislation in the New Year

The U.S. Senate adjourned on Dec. 18 without passing voting rights legislation or the Build Back Better (BBB) Act, a bill that focuses on affordable health care, supporting families and children and combating climate change. Now, in the first few weeks of January, we expect the Senate to focus on these crucial, unresolved legislative issues in Washington.

In a letter to colleagues, Sen. Chuck Schumer (D-N.Y.) vowed to continue work on BBB in the new year. He also stated the Senate will consider voting rights legislation as early as the first week back, the week of Jan. 3. “If Senate Republicans continue to abuse the filibuster and prevent the body from considering this bill, the Senate will then consider changes to any rules which prevent us from debating and reaching final conclusion on important legislation,” wrote Schumer, who still needs all 50 members of the Democratic caucus on board with any changes to the filibuster. [link removed]

IN THE STATES

What Happened in 2021?

With 2021 rapidly coming to a close, here at Democracy Docket we reflected on the year, creating end-of-year updates on redistricting, democracy litigation and positive voting reforms.
We’re nearing the halfway point in the decennial redistricting process. In case you missed it, catch up on the status of redistricting — and redistricting litigation — in all 50 states in “December Redistricting Roundup: Where Things Stand in All 50 States.” [link removed]

In 2021, virtual courtrooms across the country were swamped with lawsuits against new voter suppression laws and gerrymandered maps. In “Looking Back at Voting Rights Litigation in 2021,” we highlight some major litigation wins for voting rights from the past year and preview what’s to come in early 2022. [link removed]

Even in a year marked by suppressive voter laws, a wide range of states took important steps to make voting easier, enacting reforms like universal mail voting, expanding access for people with disabilities and banning prison gerrymandering. Find a roundup of some positive voting reforms this year you may have missed in “These 24 States Improved Access to Voting This Year.” [link removed]

REDISTRICTING ROUNDUP

Four Commissions Finish up and the Virginia Supreme Court Makes a Decision

Michigan — On Tuesday, the Michigan Independent Citizens Redistricting Commission, established via a ballot initiative in 2018, voted 8-5 to adopt the “Chestnut” congressional map. The plan passed with the support of two Republican commissioners, two Democratic commissioners and four Independent commissioners. Michigan lost a congressional district for the fifth consecutive decade as a result of slow population growth, reducing the number of districts from 14 to 13. The new map is significantly less biased towards Republicans than the previous map and pairs several current representatives together. However, some politicians and civil rights groups have also raised concerns about the elimination of two majority-Black districts in Detroit. The commission also adopted new state House and Senate maps. [link removed]

Virginia — Also on Tuesday, the Supreme Court of Virginia approved new congressional and state legislative maps. The state Supreme Court took over responsibility for redistricting when the state’s new commission failed to approve any proposals. The court appointed two special masters to prepare drafts, releasing their first proposals on Dec. 8 and revising the maps in response to public feedback. Unlike the first draft, the approved congressional map reunites Albemarle County in the 5th District and minimizes changes to the 10th District held by Rep. Jennifer Wexton (D). Rep. Abigail Spanberger’s (D) 7th District is still significantly overhauled, becoming anchored in Northern Virginia, and Rep. Elaine Luria’s (D) 2nd District remains highly competitive. The new maps for the Virginia Senate and House of Delegates, meanwhile, place many incumbents in the same district as the special master did not consider incumbency when drawing maps. [link removed]

AND MORE:
The week before Christmas was also a busy one for commissions rushing to complete redistricting. On Dec. 20, California’s 14-member commission unanimously approved new congressional and legislative maps. The most populous state in the country lost one seat in the U.S. House of Representatives, bringing the total number of congressional districts to 52. [link removed]
Two days later, the New Jersey Congressional Redistricting Commission approved a new congressional map with commission chair and former New Jersey Supreme Court Justice John Wallace Jr. casting the tie-breaking vote in favor of the Democratic map. The map is expected to create nine Democratic seats and three Republican seats in New Jersey’s congressional delegation. The current split is 10-2 for Democrats. [link removed]
On the same day as New Jersey’s map approval, the Arizona Independent Redistricting Commission unanimously approved a new congressional map. The agreement came after a day of notably contentious debate, with criticism thrown at chair Erika Neuberg, a formerly registered Republican, now Independent, who has sided with GOP proposals in nearly all votes. The new map has the potential for a 6-3 Republican split in 2022. [link removed]
After the Georgia General Assembly approved new district lines over a month ago, Georgia Gov. Brian Kemp (R) signed the maps into law yesterday evening. Lawsuits have already been filed and more litigation is expected, so also keep an eye out for our ICYMI emails, where we summarize recent news and updates you don’t want to miss. In the meantime, find all the important breaking news on our Alerts page. [link removed]

IN THE COURTS

Voters Ask Pennsylvania Courts To Draw New Maps

Pennsylvania — On Dec. 17, two lawsuits were filed in Pennsylvania to ensure that the state adopts a new congressional map based on 2020 census data before the 2022 election. The first lawsuit, filed on behalf of a group of Pennsylvania voters, argues that it is necessary for the judicial system to step in and draw new districts since the General Assembly and governor failed to reach a compromise on a new plan during the 2021 session. Given the increasing likelihood of a political stalemate over a new map, the petition asserts that this impasse has “jeopardized Pennsylvania’s ability to conduct timely 2022 primary elections.” The second lawsuit, filed on behalf of Pennsylvania voters who are “leading professors of mathematics and science,” similarly asks the court system to step into the Commonwealth’s redistricting process. Given that the current congressional map is based off of 2010 census data, the petitioners argue that the districts are malapportioned and therefore dilute the voting power of residents. The petitioners in the two lawsuits, which were consolidated, are asking the Pennsylvania Supreme Court (instead of the trial court) to take control of the process given the impending 2022 elections. On Dec. 27, the Pennsylvania secretary of state agreed with voters that the state Supreme Court should step in to ensure a congressional map is in place for 2022 elections. The Pennsylvania Supreme Court has not yet issued a ruling. [link removed]
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This type of lawsuit, known as impasse litigation, has been common in past rounds of redistricting in Pennsylvania when the General Assembly and governorship are controlled by different parties. Read more about this unique type of redistricting litigation here. [link removed]

Wisconsin — On Wednesday, Dec. 22, the League of Women Voters of Wisconsin (LWVWI) filed a federal lawsuit challenging the deactivation of over 31,000 Wisconsin voter registrations earlier this summer. This lawsuit stems from 2019 when the Wisconsin Elections Commission (WEC) sent out a letter informing over 200,000 voters that their registrations were flagged because the WEC believed the voters had moved. However, the letter did not explicitly state that the voters’ registration would be deactivated if they did not confirm or deny they had moved or update their registration. In July 2021, the WEC purged 31,854 voters for failure to reply to the letter or vote in the past two years — without providing another notice or opportunity to respond. Given that the 2019 letter was the only potential warning to voters about their registration status, the LWVWI asserts that “each of those voters’ registration records must be reactivated because they were not given notice of the consequence of failing to act in response to the 2019 … letter—deactivation—and the deadline for taking such action.” [link removed]

Ohio — Earlier this fall, the Ohio Legislature approved state legislative and congressional maps that were quickly challenged in court. A few weeks ago, the state Supreme Court heard oral arguments for the three lawsuits challenging the new state House and Senate maps — you can find a summary of the cases and courtroom updates here. [link removed] This past Tuesday, the court heard oral arguments for the two lawsuits claiming that the congressional map is a partisan gerrymander that benefits Republicans in violation of the Ohio Constitution. The General Assembly’s new map would give Republicans 67 to 80% of congressional seats, despite the fact that the average vote share for Republican candidates statewide in Ohio is approximately 55%. The Supreme Court of Ohio is made up of seven elected justices, including Justice Patrick DeWine, son of current Ohio Gov. Mike DeWine (R). Justice DeWine refused to recuse himself from various gerrymandering lawsuits, even though his father was listed as a respondent in many of them. Decisions on the maps are expected soon.

AND MORE:
Two weeks ago, the parties in NAACP v. U.S. Postal Service announced a settlement following a year of litigation over the Postal Service’s handling of election mail. As part of this settlement, the Postal Service will meet with the NAACP in the months leading up to all primary and general elections and provide status reports on mail service in the six weeks before and one week after an election. The Postal Service will also produce documents outlining how the organization will monitor and prioritize the delivery of election mail for every federal election cycle through 2028. [link removed]
Last week, two lawsuits were filed challenging Maryland’s new congressional map. The first lawsuit, filed by the far-right organization Judicial Watch, argues that the new map is a partisan gerrymander that favors Democrats in violation of the Maryland Constitution. The second lawsuit, sponsored by Fair Maps Maryland, similarly argues that the new congressional map dilutes the votes of Republicans across the state, discriminating against the Republican plaintiffs “on the basis of their political views” and therefore violating “their basic civil liberties.” [link removed]
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Yesterday, a federal court upheld Illinois' new legislative maps. A three-judge panel found that the maps complied with federal law, ruling that the districts were not racially gerrymandered and do not dilute the voting strength of minority voters. [link removed]


WHAT WE’RE DOING

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

We’re taking action: Run for Something is helping elect progressive candidates across the country with a national-level impact on our democracy. As we enter a crucial election year, commit to volunteer with a Run For Something candidate in 2022, virtually or in-person. Find a candidate near you. [link removed]

We’re listening to: Turnstile, Adele and a bunch of fantastic podcasts. For a reflection on the content that carried Marc and the Democracy Docket team through a challenging year, you don’t want to miss our list of end-of-year favorites in “What Got Us Through 2021.” [link removed]

We’re reading: The words of former Senate Majority Leader Harry Reid (D-Nev.), who died on Tuesday at age 82. Reid, who emerged from childhood poverty to lead a remarkable life, was an adept political leader during the Obama administration. In recent years, he routinely called to abolish the filibuster in order to fix the “unworkable legislative graveyard” that is the modern Senate. Reid reiterated this message — and named voting rights legislation as examples of the crucial work that the filibuster stalled — in his final op-ed for the Las Vegas Sun. [link removed]
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SPOTLIGHT

Spotlight Roundup: Voices From 2021

This year, Democracy Docket published 48 Spotlights on a range of issues facing voters written by activists, elected officials, experts and more. From Sec. Hillary Clinton to musical artist John Legend, we take a look back on the voices we heard from in 2021 in our end-of-year roundup. We’re gearing up to bring you even more Spotlights in the new year, and we can’t wait to share new insights and perspectives with you. Stay tuned!

Read “Democracy Docket’s Spotlight Roundup: Voices From 2021.” [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]

Daniel asks: What states and redistricting maps are you looking at? Where do you think there will be movement next?

Marc: My legal team is already in court in North Carolina, Ohio, Texas and elsewhere. The number one state to watch right now is Georgia — the Legislature has passed illegal maps and last night, Gov. Kemp signed them. I would also follow Oklahoma, Arkansas and Arizona. Florida will begin its redistricting process in the new year.

EvaLee asks: I'm from North Carolina and last year, I went out in a hurricane trying to cure provisional ballots. Is it possible to use litigation to push the Board of Elections, whether in North Carolina or elsewhere, to allow voters to self-cure more easily?

Marc: We have an epidemic of uncounted ballots in America, where mail-in and provisional ballots are rejected without notice and without an opportunity to cure. I sued North Carolina in 2020 to address its ballot cure processes, but that's another reason we need the Freedom to Vote Act to minimize wrongful rejections and put requirements in place for notifying voters. [link removed]

WHAT BODE’S BARKING ABOUT

“After months of knocking on doors and conferencing with senators to advance the cause of voting rights reform, a group of young people from Arizona decided that the only way to ensure the future health of our democracy was to stop eating.” Mother Jones [link removed]

“GOP efforts to capture Arizona's independent redistricting commission began almost immediately after the 2011 commission finished its work on the most competitive and responsive maps in the state's history… In 2013, Arizona Republicans first admitted that they had already begun searching for a Trojan horse, someone they could disguise as an independent chair in 2021.” Salon [link removed]

“America has a democracy problem that is, in no small part, the result of its refusal to acknowledge that it has a democracy problem. As many an observer has noted, this is not how we’d be covering the collapse of functioning government were it happening anywhere else. But here, even as democracy experts are pulling all the rip cords, ringing all the bells, and sounding all the blazing alarms, most of us are simply frogs in pots, rooting for our respective teams and making eloquent statements about our commitments to Roe v. Wade, or to voting rights, or infrastructure funding, or some magical trick that might pack the court by this weekend.” Slate [link removed]



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