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

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It is a week of high drama in the Senate. Will our government defend voting rights and uphold fair elections throughout the country? If it becomes clear that Congress cannot act because of the filibuster, ever, and the courts step back, then states will have an open invitation to violate the rights of their citizens.

As the debate unfolds, unctuous voices will purr that there’s not really much at stake. That’s wrong.

Gerrymandering is reshaping legislative maps across the country. A new Brennan Center report

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documents an unprecedented bid to undermine the political power of Black, Latino, Asian, and Native American communities. At the same time, the maps decrease competition in Republican-controlled states.

Look at North Carolina, a closely divided battleground state. Republicans converted a congressional map

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that elected 8 Republicans and 5 Democrats into one that could elect 11 Republicans and just 3 Democrats. Even if Democrats win most of the vote, they might get less than a third of the seats. A state that is one-fifth Black might have only a single Black member of Congress come January.

Last year 19 states passed 34 laws making it harder to vote. There’s more to come, with dozens of restrictive bills pre-filed or carried over for action this year. Some are truly dystopian. A new bill in New Hampshire, H.B. 1567, would let citizens sue to remove election officials they don’t like. And in Missouri, S.B. 695 would require an election audit based on a petition signed by just 5 percent of registered voters.

Often these bad bills become bad laws. Last week, because of Texas’s new statute, one of its most populous counties rejected about half the absentee ballot requests for the upcoming primary.

All this will likely worsen a racial turnout gap. A Brennan Center report found

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that in 2020, nearly 71 percent of white voters cast ballots compared to only 58 percent of nonwhite voters. And in all but one of the states that were once covered by the Voting Rights Act, which the Supreme Court gutted, the gap

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between white and Black voters grew markedly.

And now Florida Gov. Ron DeSantis has proposed establishing a special police force to oversee state elections — the first of its kind in the nation according to the Washington Post

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. A handpicked police force, reporting to the governor, intimidating election officials and maybe voters: What could go wrong?

Don’t let opponents of voting rights gaslight you. Voter suppression and race discrimination aren’t just real — they’re a strategy. With midterm elections fast approaching, swift passage of the Freedom to Vote: John Lewis Act is the most effective and comprehensive way to protect our democracy from the forces trying to undermine it.

The Senate will vote tonight on the most significant democracy reform and voting rights legislation since the civil rights movement — they need to hear from you today. Call your senators and let them know that we can’t let Senate rules stand in the way of protecting our democracy.

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Democracy

The Fight to Vote Presses On

Nearly every major expansion of voting rights has been pushed through by one party over the objections of the other. History is littered with examples. In the 1820s, Democrats abolished the requirement that voters own land, enfranchising white working-class men over Whig opposition. The most dramatic illustration came after the Civil War, when the 14th and 15th Amendments passed through Congress without a single Democratic vote.

In an excerpt from the new, expanded edition of his book The Fight to Vote

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, Michael Waldman tells the story of how the battle over elections became the national affair it is today. “It had the makings of an epic clash: state legislatures were rushing to restrict the vote. At the same time, Congress had the power to stop that voter suppression in its tracks — legally and constitutionally. The great question was whether it had the political will to do so,” he writes. Read more

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A Victory Against Gerrymandering in Ohio

Last week, in a major win for Black, Muslim, and immigrant Ohioans, the Ohio Supreme Court struck down state legislative maps that had been adopted by the Ohio Redistricting Commission last September. The cases’ plaintiffs challenged the maps for what they were: illegal partisan gerrymanders that violated the Ohio Constitution. The Brennan Center represented some of the plaintiffs alongside pro bono counsel at Reed Smith. “The commission is now tasked with drawing replacement maps. We will be watching to ensure that all Ohioans get the fair representation they are due,” Alicia Bannon said. WASHINGTON POST

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Get the Facts on the Filibuster

Debates over the filibuster rage on, bringing into question the Senate’s ability to act on issues as diverse as responding to climate change and protecting our democracy. A new Brennan Center fact sheet compiles historical information on the controversial Senate rule, offering a path forward based on previous filibuster reforms and exceptions. “There is ample precedent for future changes to allow the Senate to function as the Framers intended, allowing for substantial debate, deliberation, and ultimately passage of essential legislation to secure American democracy.” read more

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Races for Offices that Run Elections

Races across the country for thousands of local and state offices that control how elections are administered and certified, normally low-profile contests, have been nationalized by the election sabotage movement. In the first in a new series of Brennan Center reports, Ian Vandewalker and Lawrence Norden analyze the record-high fundraising for these races, as well as positions that candidates are taking both for and against the Big Lie. read more

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Campaign Finance Laws at Risk

Today, the Supreme Court hears oral arguments in Federal Election Commission v. Ted Cruz for Senate. The Texas Republican senator is arguing for the elimination of a federal campaign finance rule that limits elected officials’ ability to fundraise to pay themselves back for loans made to their own campaigns. The court battle over this basic anti-corruption rule highlights the importance of passing the Freedom to Vote: John Lewis Act. “Regardless of the Court’s decision, the broader question is how much longer Congress will continue ceding the development of campaign finance law to the judiciary,” Daniel Weiner and John J. Martin write. read more

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Debunking John Lewis Act Myths

The John R. Lewis Voting Rights Advancement Act, which passed the House last week as part of the Freedom to Vote: John Lewis Act, is being targeted with misinformation. Andrew Garber refutes common false claims made by those opposing the bill, which would restore the 1965 Voting Rights Act to its full potency. He also identifies what’s really at the heart of their opposition to the update: “The critics haven’t identified flaws in the bill — they oppose the Voting Rights Act, the crown jewel of the civil rights movement that transformed our democracy.” read more

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Latinos Targeted by Voter Suppression

Latinos accounted for more than half of the country’s population growth over the last decade, and their political participation is on the rise. States across the country have responded with a wave of voter suppression laws targeting communities of color. For example, a new Texas law would make it harder for Spanish speakers to get help casting their ballots. The Freedom to Vote: John Lewis Act would provide significant relief from these attacks, Mira Ortegon writes. read more

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Coming Up

VIRTUAL EVENT: The Fight to Vote

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Wednesday, January 19, 6–7 p.m. ET

Donald Trump’s Big Lie isn’t just about what the defeated president felt or did, but rather the impact of his actions on American democracy and millions of voters. In conversation with NYU Law professor Melissa Murray, Michael Waldman (Brennan Center president and author of The Fight to Vote

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) tracks the current wave of voting restrictions sweeping statehouses around the country in the context of the nation’s history of voting rights — from the Founders’ debates to the civil rights era. RSVP today

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Produced in partnership with New York University’s John Brademas Center

VIRTUAL EVENT: The Power Struggle Over Elections

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Thursday, January 27, 6–7 p.m. ET

In the wake of the 2020 election, a power struggle over the right to vote has broken out between states and the federal government — but who really wields the power? The Constitution’s Elections Clause gives Congress broad authority to decide election rules, but the far-right is now seeking to contort the clause to justify their voter suppression and election subversion plots. Brennan Center President Michael Waldman moderates a discussion with an election scholar and a historian to break down the Elections Clause and explore what the future of voting — and the fight over it — will look like as we approach the midterm elections. RSVP today

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Produced in partnership with New York University's John Brademas Center

Want to keep up with Brennan Center Live events? Subscribe to the events newsletter.

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News

Alicia Bannon on the win against gerrymandering at the Ohio Supreme Court // ASSOCIATED PRESS

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Elizabeth Hira on the Freedom to Vote: John Lewis Act // KPFA

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Michael Li on this redistricting cycle’s aggressive gerrymanders // SALON

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Lawrence Norden on increased funding in election official races // ABC NEWS

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Ian Vandewalker on the newfound prominence of secretary of state races // THE HILL

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Michael Waldman on state constitutions and the battle over our democracy // WASHINGTON POST

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Wendy Weiser on the continuing fight for voting rights // LOS ANGELES TIMES

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Feedback on this newsletter? Email us at [email protected]

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