On The Docket 08/12/2022
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Welcome back! This week, important hearings took place in Congress, Pennsylvania’s Act 77 was upheld by the state highest court and there were new updates in several cases challenging Texas voting laws.
Wisconsin Primary Reveals New Litmus Test: “Decertification”
On Tuesday, Tim Michels, a millionaire endorsed by former President Donald Trump, emerged triumphant in the GOP primary for Wisconsin governor. Michels defeated former Lt. Gov. Rebecca Kleefisch, who gained the endorsement of former Gov. Scott Walker (R) and was positioned as a strong candidate. Kleefisch checked all of the conservative boxes, expressed doubt about President Joe Biden’s 2020 win and filed a lawsuit to ban drop boxes in the state. But — and this may have been consequential in Michels’ Trump endorsement and Kleefisch’s subsequent loss — she maintained that it was impossible to “decertify” the 2020 presidential election results in Wisconsin. [link removed]
“Here in Wisconsin, was the election rigged? Was the election fixed? I’ve seen the movies,” Michels said in a debate. “I’ve seen ‘2000 Mules,’ ‘Rigged,’ all that stuff. Certainly there was fraud.” The contrast could not be clearer: the GOP candidate who embraces the conspiracy theories in debunked movies will face Gov. Tony Evers (D) this November. Michels wants to restrict mail-in voting and eliminate the Wisconsin Elections Commission (WEC); Evers has vetoed dozens of bills that would have restricted voting or handed partisan actors more election control. [link removed]
The litmus test for GOP candidates in Wisconsin is shifting: Voters are no longer satisfied by tightening voting access or claims of widespread voter fraud in the 2020 election. To gain voters’ support, Republican candidates must call to “decertify” the 2020 results in the state, a dangerous, legal impossibility. [link removed]
The once-powerful Assembly Speaker Robin Vos (R) barely survived his primary challenge after Trump endorsed Vos’ opponent one week before the primary, the culmination of a series of negative comments thrown towards Vos by the former president. Vos pushed numerous laws restricting voting and spent millions of taxpayer dollars on an investigation into the 2020 election, but continually refused to “decertify” the results. [link removed]
In Wisconsin, the secretary of state currently does not oversee elections. Incumbent Doug La Follette (D), who has served for 44 years, survived a primary challenge. Over the years, the Republican Legislature has stripped the office of most of its authority and staffing, giving that power to the WEC. Now, after the WEC has become the target of Republican anger for pandemic-era voting changes, the new Republican nominee for secretary of state, Amy Loudenbeck, vows to dismantle the commission. The winner of the attorney general GOP primary, Eric Toney, similarly wants to hold the WEC “accountable for their actions in 2020” and has prosecuted five individuals who used a P.O. box at a UPS store for their voter registration addresses. [link removed]
In neighboring Minnesota, a slightly less swingy state, Secretary of State Steve Simon (D) will face election denier Kim Crockett, who has repeatedly rejected the legitimacy of the 2020 election. Crockett has questioned whether voters with disabilities and non-English speakers should be allowed to vote. The Minnesota GOP also had to apologize on behalf of Crockett’s anti-semitic imagery. [link removed]
Illegally Taking and Tampering With Election Equipment
The Republican Party’s slate of nominees this election cycle never ceases to surprise us. Presumptive GOP nominee for Michigan attorney general, Matthew DePerno, is implicated in a conspiracy-laden scheme to illicitly access voting machines.
In early 2021, “several election clerks in Michigan received strange phone calls. The person on the other end was a Republican state representative who told them their election equipment was needed for an investigation, according to documents from the Michigan attorney general’s office. They obliged.” This is the start of a wild story, as chronicled this week by the New York Times. Nine individuals, including a state representative, county sheriff and the attorney general candidate, misrepresented themselves to persuade clerks to give them access to voting machines. The group “tested” and tampered with the machines in a desperate search for proof of voter fraud. [link removed]
Last Friday, it was revealed that the Michigan attorney general’s office asked a special prosecutor to consider charging these individuals. DePerno was endorsed by the Michigan Republican Party in April and he is expected to secure its formal nomination at the end of this month. DePerno will likely face current Attorney General Dana Nessel (D) — whose office recommended the special prosecutor — this fall. [link removed]
When a State’s Chief Elections Official Dislikes Voting
Can you imagine being in charge of elections and complaining that the government is doing too much to help people register to vote? Two weeks ago, 15 Republican secretaries of state sent a letter to President Biden asking him to rescind Executive Order 14019. The March 2021 order outlined several ways federal agencies, working within the constraints of current law and their executive capacities, can maximize access to and information about voter registration and elections. [link removed]
In their recent letter, the GOP election officials assert that the executive order was issued without constitutional authority. Active voting rights litigation is occurring in 13 out of 15 of these states and many of these secretaries are actively defending voter suppression laws and gerrymandered maps in court.
More News
Last Thursday, Aug. 4, Tennessee held its oddly timed elections. But, the results can’t be overlooked, especially in a series of elections in Shelby County, home to Memphis. Voters ousted a slate of tough-on-crimes officials, including the district attorney and criminal court judge who prosecuted Pamela Moses, a Black woman who tried to register to vote after a felony conviction, and sentenced her to six years in prison. After last Thursday’s results, reformer candidates will replace the incumbents. [link removed]
This coming Monday, a trial will begin in the case challenging three Montana voter suppression laws that eliminate Election Day registration, modify the list of acceptable voter IDs and limit third-party ballot collection. At the end of the trial, the district judge will decide if the three challenged laws violate the Montana Constitution. Read our latest Case Watch to learn about who’s involved, how the challenged laws impact voters and what’s being argued. [link removed]
Today, we expect that Wisconsin will confirm it has reactivated the registrations of voters whose registrations were quietly canceled in July 2021. This update stems from a 2021 federal lawsuit that alleges that 31,854 voter registrations were improperly canceled by the WEC without giving sufficient notice or an opportunity for voters to respond. A month ago, the parties agreed that by today, Aug. 12, the WEC would reactivate the registrations at issue. [link removed]
This morning, there will be a status conference in the lawsuit brought against three Pennsylvania counties that failed to certify complete election totals. If you missed that story, or want to learn more about its devastating implications for future election subversion, learn more here. [link removed]
Candidate Q&A: Stacey Abrams on Her Run for Governor of Georgia
“Let’s be clear: [Kemp’s] failure to commit treason in 2021 does not make him a hero. He has been lionized for one action that was not treasonous, but his willingness to deny access to the right to vote to millions of Georgians should never be forgotten.” Read from Stacey Abrams about her opponent’s history of discriminatory behavior, the impact of Georgia’s voter suppression law and why Georgia turned blue. [link removed]
Plus, which Beyoncé song is Abrams’ go-to?
What We’re Doing
Another week, another primary. On Tuesday, Aug. 16, we will be watching the primary elections in Alaska and Wyoming. With less than 100 days until the general election, we’re getting involved in the best way we can: making sure friends and family are registered to vote, signing up to be a poll worker, taking action with Swing Left or donating to impactful, Democratic candidates in crucial Senate, House, state legislative, secretary of state and governor races across the country. [link removed]
New merch alert: Introducing Democracy Docket baseball hats and pins! Show off your love for democracy with new gavel designs — shop here. [link removed]
We’re listening to the New York Times’ The Argument podcast on the radicalization of state politics and the importance of investing in democracy and fair representation across the country. [link removed]?
And we’re reading Documented’s investigation into Trump-lawyer Cleta Mitchell’s “Election Integrity Network.” [link removed]
Have a question? Join Marc and Democracy Docket today on Twitter Spaces at 2 p.m. EDT 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.) [link removed]
Can’t join the conversation? Listen to recent recordings here. [link removed]
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