White voters have long had outsized influence on U.S. elections (and thus on national politics) due to voter suppression of racial minorities through tactics ranging from poll taxes to voter ID laws to outright violence. In a new piece for The Atlantic, Brennan Center Fellow and Counsel Wilfred U. Codrington III argues that the Electoral College is another institution that has historically boosted white political power.

“Of the considerations that factored into the Framers’ calculus [when creating the Electoral College], race and slavery were perhaps the foremost,” writes Codrington. “What’s clear is that, more than two centuries after it was designed to empower southern whites, the Electoral College continues to do just that. The current system has a distinct, adverse impact on black voters, diluting their political power.” // The Atlantic

Progressives once subscribed to the idea of a “color-blind Constitution” as the legal framework for extending citizenship and equal rights to Black Americans. But now, some conservatives are “weaponizing” that idea to protect structural advantages for white Americans, argues Theodore R. Johnson, senior fellow at the Brennan Center.

“What was once a legal framework for justifying the extension of citizenship and rights to oppressed black Americans is now an argument for the unconstitutionality of any measure intended to address the harms caused by the state-sanctioned denial of those rights,” writes Johnson. // The Atlantic

After losing his election, Kentucky Gov. Matt Bevin made baseless claims of voter fraud, threatening the legitimacy of the outcome of the race. Unfortunately, this approach is not new, write the Brennan Center’s Myrna Pérez and Rebecca Ayala, and voters can expect to see some politicians putting the old canard to use in the runup to the 2020 election.

The clear fact remains: In-person voter fraud is virtually nonexistent, and studies and court decisions have shown that it poses no real threat to the integrity of U.S. elections. But these unfounded voter fraud claims are still often used to justify legislation such as strict voter ID laws. Worse, these laws disproportionately impact voters of color and low-income voters, who may not have access to valid forms of identification. // Read More

Since President Trump took office, U.S. Immigration and Customs Enforcement officers have dramatically increased their presence in state courthouses. Advocates have documented the chilling effect ICE’s presence has on courthouse access — deterring victims, survivors, and witnesses from pursuing justice and using court services — and the resulting harm it does to the justice system. In response, nearly 70 former state and federal judges sent a letter to ICE last December, calling for an end to courthouse arrests. ICE has repeatedly rejected these appeals, but several states, most recently Oregon, have taken action in 2019 against courthouse immigration arrests, reports Douglas Keith, counsel in the Brennan Center’s Democracy Program. // Read More

More than 80,000 people in New Jersey live, work, pay taxes, and raise families in the state — but are unable to vote because they have not completed their probation and parole. Now, however, New Jersey has a historic opportunity to change that, reports Eliza Sweren-Becker, counsel in the Brennan Center’s Democracy Program.

Yesterday, the New Jersey Assembly passed a bill that would restore voting rights to New Jersey residents with prior convictions. A companion bill has already been introduced in the Senate. Nevada and Colorado, for example, enacted policies this year to restore voting rights. // Read More

• Next Tuesday, December 3, Supreme Court lawyer and former Acting Solicitor General Neal Katyal joins the Brennan Center in New York City for a discussion about the origins of impeachment in the Constitution, the Ukraine scandal, and how this historic moment will shape the future of our country. // RSVP
• At the Brennan Center, we are fighting to make democracy work, for everyone. If you are interested in supporting that work, note that next week is #GivingTuesday — when your donation will be matched $1-for-$1. Look for an email or information on our social media channels next week on how you can participate.

• Alicia Bannon on how states can reform their judicial selection processes to restore public confidence in the judicial system // Christian Science Monitor
• Ángel Díaz on how New York City is exempting the NYPD from rigorous oversight of algorithm use // Gothamist
• Lauren-Brooke Eisen on the effect of the First Step Act and the need for more criminal justice reform // NBC News
• Matthew Menendez on how criminal justice fees and fines disproportionately impact communities of color // Colorlines
• Faiza Patel and Laura Hecht-Felella on Facebook’s new oversight board for content moderation // Just Security
• Myrna Pérez on the relevance of voting rights in last week’s Democratic debate in Georgia // The Independent