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

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The Briefing

Last week, lost amid the turmoil of the impeachment investigation, an ominous development played out in Kentucky. Matt Bevin, the incumbent governor, lost his reelection bid. Instead of conceding, he claimed voter fraud. It turned out that a tweet by someone falsely claiming to have shredded absentee ballots set off the rumors, as it was spread by what appeared to be bots. For a time, it appeared the state legislature might intervene. Finally, other politicians persuaded Bevin to slip away quietly.

Like the Spanish Civil War before World War II, the Kentucky race seems to have been a test run for a tactic we can expect in next year’s high stakes presidential election: phony claims of voter fraud.

The Brennan Center has done years of foundational research on this topic. In-person voter fraud is vanishingly rare. In fact, our research showed, you are more likely to be hit by lightning ([link removed]) than to commit in-person voter fraud. Donald Trump claimed that he really won the popular vote in 2016 when you “subtract” millions of illegal voters ([link removed]). His own commission, stacked with partisans, could not find evidence of fraud, and imploded.

The next year is a challenge especially for the news media – one that was not really met in Kentucky. When politicians insist on widespread voter fraud, let’s not treat it as a “claim.” It’s a lie. Here’s a helpful resource page ([link removed]) from the Brennan Center – please bookmark it!

Constitution

How to Stop the Trump Administration’s Latest Attempt to Undermine Science

The Trump administration is proposing a rule that would bar the Environmental Protection Agency from relying on research when crafting regulations unless the underlying data is publicly available. This is problematic because the data in studies that show how pollution harms people’s health often includes individuals’ confidential personal information — including medical records that are protected by privacy law. Without access to such data, the EPA would be prohibited from using the best available science when writing rules to ensure clean air and water.

The EPA proposal is the Trump administration’s latest assault on science-based policymaking, especially when it comes to the environment. But the House is now considering a bill that would go a long way to reverse this disturbing trend. The National Task Force on Rule of Law & Democracy, a nonpartisan group of former government officials housed at the Brennan Center, published a report ([link removed]) last month highlighting the dangers of the problem. Two weeks later, the House Committee on Science, Space, and Technology sent the Scientific Integrity Act to the House floor with bipartisan support.

The bill contains many provisions in line with the proposals made by the Task Force. The legislation would, among other things, prohibit the alteration or suppression of scientific findings and protect government scientists from political retaliation. // READ MORE ([link removed])

Justice

Are Private Prisons in Trouble?

Only 8 percent of those behind bars — about 120,000 people — are held in private state and federal facilities. Nonetheless, every candidate in the Democratic presidential primary has spoken out against private prisons.

Caught in a unique political moment, state governments and banks are moving away from private detention facilities, raising questions about the industry’s future. “The industry has seen dark days before but has managed to pull through. But this year could be a turning point that reshapes how America outsources the management of its correctional and immigration facilities,” writes Lauren-Brooke Eisen, acting director and senior fellow for the Brennan Center’s Justice Program. // READ MORE ([link removed])

Democracy

Kentucky’s Incoming Governor Has a Mandate to Restore Voting Rights

On Election Day, voters in Kentucky made a strong statement in support of expanding democracy and restoring voting rights to people with past felony convictions, building on a years-long trend around the country. In the governor’s race, Andy Beshear made ending Kentucky’s policy of lifetime felony disfranchisement a prominent part of his platform. Prior polling suggested that the state’s voters overwhelmingly supported such a policy, and the election of Beshear, a candidate who ran on the issue, confirms it. All that is required to restore voting rights in Kentucky is an executive order — a move that Beshear can make as soon as his first day in office. // READ MORE ([link removed])

Voting Machines and Colored Pencils

Private companies build and maintain much of the country’s election infrastructure. But those companies receive virtually no regulation from the federal government. In fact, everyday consumer products ([link removed]) — such as balloons, colored pencils, and hair dryers — are subject to stricter federal oversight than the nation’s voting systems. A new Brennan Center report suggests that the federal government should start vetting companies that sell election systems as seriously as it does defense contractors and energy firms.

“These vendors are a critical part of securing our elections, but we haven’t really focused on them at all,” Lawrence Norden, director of Brennan’s election reform program and one of the authors, told ([link removed]) the Washington Post. “We need to understand that they’re critically important but also represent a vulnerability that there needs to be oversight for.” // READ MORE ([link removed])

Six Ways for Election Officials to Prepare for High Turnout in 2020

The 2020 election could produce the highest presidential turnout rate in more than 100 years, with some estimates suggesting that up to two-thirds of all eligible U.S. voters may cast a ballot. While it is exciting to imagine so many citizens engaging with democracy, a high voter turnout could mean considerable stress on U.S. election systems, especially if those systems aren’t ready. Amid increased turnout for the 2018 midterms, reports of voters waiting more than an hour on Election Day came in everywhere from rural Pennsylvania to New York City as well as Missouri, South Carolina, Texas, Georgia, and Florida. Election officials should undertake careful and proactive planning to prepare the country’s election systems for an uncommonly busy Election Day. // READ MORE ([link removed])

Coming Up

- On Thursday, the Brennan Center will release a report analyzing the criminal justice fees and fines system in the United States.

News

- Michael German on the implications of revealing the identity of a government whistleblower // CNN ([link removed])

- Elizabeth Goitein on the impending end of a controversial domestic surveillance program by the National Security Agency // DAILY BEAST ([link removed])

- Lawrence Norden on the lack of federal regulation of private election vendors // AP ([link removed])

- Faiza Patel on the impact of ICE’s involvement in arrests and deportation under the Trump administration // CHRISTIAN SCIENCE MONITOR ([link removed])

- Myrna Pérez on the potential surge in voter turnout in 2020 and the implications for election administrators // DETROIT FREE PRESS ([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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