05/06/2022

Happy Friday!

Welcome to our weekly newsletter! Believe it or not, we are six months away from the 2022 midterm election in November. Over the course of the next few months, dozens of states will conduct their primaries and we want to make sure you are prepared. 

Revisit and share a few of our old Explainers on registering to vote, voting early, voting by mail and the dos and don’ts of in-person voting. 

Keep reading for legal updates and all things SCOTUS, shadow docket and skewed maps.

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SCOTUS’ Redistricting Cases Leave Voters in the Shadows

As the country’s highest legal chamber, the U.S. Supreme Court consistently makes the news (this week’s leaked draft opinion set off a firestorm, rightly so, as the Court prepares to overturn Roe v. Wade and threaten abortion access nationwide). Yet, over the past few years, there has also been increased coverage around how the Court handles emergency requests through its “shadow docket.” 

This term has popped up most recently when the Court has intervened in redistricting. This week, we provided a comprehensive review of each state that had redistricting maps end up on the shadow docket — Alabama, North Carolina, Pennsylvania and Wisconsin — and what it means for voters. 

The Maps That Could Change Between Now and 2024

With redistricting lawsuits in over 20 states, you can lose track of where things stand. Could maps still change this year? How about next year? We answer these questions in our latest, “Here Are the Maps That Could Change Between Now and 2024.”

As of right now, the majority of challenged maps are going to be used this year — even if, as in the cases of Alabama and Georgia, federal courts have concluded the maps likely violate the voting rights of minorities. This means millions of Americans will vote under district lines this year that a court could eventually find illegal. 

April Lawsuits Bring May Court Activity

This month, we can expect multiple courtroom hearings and potential decisions on voting rights and district lines. In our “Litigation Look Ahead: May,” we highlight cases with likely court action over the next month. We expect case updates regarding large voter suppression bills and illegal redistricting maps. But, sometimes lawsuits deal with niche or complicated topics — here are three:

• Last month, two conspiracy-led lawsuits were filed in two Nevada counties seeking to drastically expand election observation activities. The lawsuits ask the state courts to enact a slew of observation “rights,” such as allowing election observers to be present at “every step of the election” and to inspect ballots. On Monday, the Progressive Leadership Alliance of Nevada asked to join the cases, hoping to stop the expansion of disruptive observation rights that are not “remotely necessary for any legitimate purpose.” 

• Did you read our article, “The Little Known Rule That Makes It Harder to Register to Vote”? Well, earlier this week, a lawsuit was filed in Georgia around this same issue. The state currently requires voters to print and sign their absentee ballot applications with pen on paper, even if submitted online. The lawsuit alleges that this law, commonly known as a wet signature requirement, violates the Civil Rights Act because applications may be rejected for reasons that are unrelated to voters’ eligibility.

More News

• “The core purpose of the Justice Department is to protect civil rights and civil liberties, and the fundamental element of that is the right to vote,” U.S. Attorney General Merrick Garland recently told the New York Times. But is the U.S. Department of Justice living up to that promise? We looked into the DOJ’s voting rights lawsuits and tried to answer that question. 

• Since New York’s congressional and state Senate maps were struck down (and must be redrawn), a trial court judge postponed the primary elections from June 28 to Aug. 23. There’s one big problem — New York is under a federal court order to hold non-presidential federal primaries on “the fourth Tuesday in June.” A lawsuit hoped to use this fact to reinstate the struck-down maps. However, on Wednesday, a federal judge said the decision to make changes is up to the judge who originally ordered the June primaries back in 2012. The New York Board of Elections, the defendant in this lawsuit, plans to make that request.

SPOTLIGHT: Young People Have Power. Let’s Use It.

By Sam Schmir, Digital Development Coordinator at Gen-Z for Change. Read more ➡️

What We’re Doing

We’re making sure that everyone is prepared for upcoming elections. Share our Explainers and remind friends about the upcoming May primaries:

• May 10 — Nebraska and West Virginia
• May 17 — Idaho, Kentucky, North Carolina, Oregon and Pennsylvania 
• May 24  — Alabama, Arkansas, Georgia and Texas (runoff)

Meanwhile, Ohio held some primary elections this week. You may be thinking, what about the fiasco with redistricting maps? Well, the legislative maps (meaning state House and Senate) are still in limbo and will have a separate primary election in August. For Ohio’s congressional map, we’re watching FiveThirtyEight’s recap video on what went down.

Another video you don’t want to miss — “Abortion is Essential for Democracy” panel discussion, an incredible conversation hosted by the Brennan Center and Ms. Magazine.

Have a question? Join Marc and Democracy Docket today on Twitter Spaces at 2 p.m. ET for a discussion and Q&A on the latest democracy news. (Twitter Spaces is like a podcast, but live. You can listen to it without having a Twitter account.)

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