Voting Rights Roundup: Alaska court upholds new top-four primary and ranked-choice general election

Leading Off

Alaska: A state trial court has upheld the constitutionality of Alaska's new law that created a "top-four" primary followed by a general election using ranked-choice voting (aka instant-runoff voting). The ruling rejected arguments by the plaintiffs, who consisted of the right-wing Alaskan Independence Party and members of the Libertarian and Republican parties, that the law approved by voters in a 2020 ballot initiative violated political parties' rights under the state constitution to freely associate.

One of the plaintiffs, former Libertarian legislative candidate Scott Kohlhaas, said he and the other plaintiffs would likely appeal. However, Alaskan Independence Party chairman Bob Bird expressed skepticism that they have much of a chance at success before the state Supreme Court, which has a 4-1 majority of justices appointed by Republican governors.

Consequently, Alaska remains on track to become the first state in the country to implement a "top-four" primary with ranked-choice voting in the general election after Maine in 2016 became the first state to adopt ranked-choice voting overall; Maine's law differs in that it maintained traditional party primaries. By contrast, Alaska's variant of this system will require all the candidates for congressional, legislative, and statewide races to face off on one primary ballot, where contenders will have the option to identify themselves with a party label or be listed as "undeclared" or "nonpartisan."​

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​The top four vote-getters regardless of party will advance to the general election, where voters will be able to rank their choices using instant-runoff voting. The law will also institute ranked-choice voting in presidential elections, though traditional party primaries will remain in effect for those races. The law further sets up new financial disclosure requirements for state-level candidates.

The implementation of the new top-four ranked-choice voting system may play a key role in next year's Senate election, where Republican Sen. Lisa Murkowski is facing a tough challenge from the right by former state cabinet official Kelly Tshibaka after she voted to convict Donald Trump in his second impeachment trial earlier this year. Tshibaka has been endorsed by the state GOP and Trump himself, but rather than face the constraint of needing to win a Republican primary dominated by Trump diehards to advance to the general election, Murkowski is all but assured of making it to the general election ballot under the top-four system.

However, the new voting system is hardly a guarantee that Murkowski will win another term in this conservative state. If Democratic voters consolidate around a Democratic candidate whom they rank ahead of Murkowski, the incumbent could end up getting squeezed out of the ranked-choice process in the general election; if she is many voters' second choice but few voters' first choice, she could be eliminated before a Democrat and Tshibaka. Thus, Murkowski will likely need some measure of initial support from Democratic and independent voters in addition to more moderate Republicans if she's to make it to the final round of the ranked-choice voting process.

Redistricting

2020 Census: Mark your calendars: The U.S. Census Bureau will release the population data essential for redistricting at a press conference on the afternoon of Aug. 12. The deadline was originally set for April 1, but it was delayed because of the disruptions from the pandemic.

Colorado: Colorado's state Supreme Court has agreed to extend the deadline for the new independent congressional redistricting commission to complete its work because of the delay in the release of the Census Bureau data needed to conduct redistricting until Aug. 16; the commission now plans to pass a final map by Oct. 1 instead of Sept. 1. Commissioners previously unveiled a preliminary map in June drawn using data estimates.

Voting Access Expansions

Guam: Democratic Gov. Lou Leon Guerrero has signed a law that permanently adopts in-person absentee voting after the Democratic-run legislature temporarily adopted it last year due to the pandemic, effectively allowing voters to vote early in-person.

Maine: Democratic Gov. Janet Mills has signed a law that will allow voters to register online beginning in 2023. With Maine's adoption of online registration, every state where Democrats control the state government has passed such laws. Only seven states that require voters to register have not allowed full online registration, all of which are run by Republicans, and Texas is home to roughly three-fourths of the people living in those states, who constitute roughly one in eight Americans.

Massachusetts: Republican Gov. Charlie Baker has signed a bill passed by the Democratic-run legislature with bipartisan support to extend pandemic-era voting access measures through Dec. 15 so that they will remain in place for upcoming local elections (such as Boston's mayoral contest) while lawmakers decide whether to make them permanent. The provisions in question include expanded early voting and no-excuse mail voting.

Voter Suppression

Georgia: Republican legislators have taken the first step toward a potential state takeover of election administration in Fulton County after key GOP lawmakers signaled their support for a "performance review" of the county, which could eventually lead to the GOP-run State Board of Elections temporarily replacing the officials in charge of elections in the county. Fulton County is a Democratic stronghold with a large Black population that is home to Atlanta and one in ten state residents, making it Georgia's largest county.

An eventual state takeover is possible under a law Republicans passed earlier this year that contained several new voting restrictions, which prompted a national backlash of condemnation and numerous lawsuits that argued it was a way to make voting harder for key Democratic-leaning groups and enable GOP officials to overturn election results after Trump's attempt to do so with the 2020 elections failed. Georgia is just one of several states where Republican lawmakers have passed legislation to give partisan GOP officials more control over election administration ahead of the 2022 midterms and 2024 presidential election.

Texas: Democratic Party organizations and civil rights advocates have reached a settlement with Republican officials in Texas that will see the latter permanently implement a limited online voter registration system after a federal court last year ruled that Texas was violating federal law and ordered the state to establish partial online registration. The court found that Texas had violated the 1993 National Voter Registration Act, commonly known as the "motor voter" law, by failing to offer online registration updates for eligible voters renewing their driver's license or updating their address with the DMV online, and roughly one million voters have registered online since the court's ruling.

Morning Digest: Surprising census data shows Sun Belt states gaining fewer House seats than expected

The Daily Kos Elections Morning Digest is compiled by David Nir, Jeff Singer, Stephen Wolf, Carolyn Fiddler, and Matt Booker, with additional contributions from David Jarman, Steve Singiser, Daniel Donner, James Lambert, David Beard, and Arjun Jaikumar.

Leading Off

Reapportionment: On Monday, the Census Bureau released long-awaited data from the 2020 census showing which states will gain seats in the House for the coming decade and which will see their congressional delegations shrink. In all, 13 states will feel the impact of population changes over the past 10 years, with six adding seats and seven losing representatives. These shifts are all reflected in the map above (with a larger version available here), but they contain several surprises compared to projections based on recent growth trends.

In a continuation of long-standing patterns, most of the increases in representation will be concentrated in Sun Belt states, with Texas once again leading the way in gaining two seats. However, while Florida looked likely to grow by two seats, it will only add one, and Arizona, which forecasts showed tacking on another seat, won't pick up any.

Conversely, losses will largely show up in states in the Midwest and Northeast, though New York avoided shedding two seats and came just 89 people away from standing pat. California, meanwhile, will experience its first decline in seats in state history. Montana, which lost a seat after the 1990 census, will once more send two members to Washington, D.C., though Rhode Island, which appeared to be on track to end up with just a single at-large district, will hang on to both of its seats.

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These shifts also affect the number of votes each state gets in the Electoral College, though they would not have altered the outcome of last year's presidential election and instead would have narrowed Joe Biden's 306-232 win slightly to 303-235. But the biggest impacts of the census won't be known until congressional redistricting is complete, a process that, thanks to delays in the production of necessary data, won't begin until August at the earliest and will likely last through a good part of next year.

We do know, however, that Republicans will once again dominate the redistricting process, just as they did following the 2010 census: As shown on this map, GOP lawmakers in the states will be able to draw new maps for anywhere from 38% to 46% of all districts while Democrats will control the process for just 16% of seats (the remainder will likely be drawn by nonpartisan entities or through bipartisan compromise). To stay on top of the mapmaking process as it unfolds, subscribe to our free weekly newsletter, the Voting Rights Roundup.

Senate

AZ-Sen: Thiel Capital chief operating officer Blake Masters hasn't even publicly expressed interest in a Senate bid yet, but Politico reports that hasn't stopped his Republican mega donor boss, billionaire Peter Thiel, from dumping $10 million into a super PAC to support him. Thiel recently made a similar investment on behalf of venture capitalist J.D. Vance, a likely GOP Senate candidate in Ohio.

Senate Minority Leader Mitch McConnell, meanwhile, has reportedly been attempting to convince Gov. Doug Ducey to change his mind and run against Democratic Sen. Mark Kelly after all, but Donald Trump is certainly not making McConnell's job any easier. The Daily Beast writes that Trump, who remains furious with the governor for not going along with his attempt to steal Arizona's electoral votes, has "told associates he would gladly and personally spoil any of Ducey's future political plans."

Trump even reportedly ranted that he'd go and campaign for Kelly if Ducey won the GOP nomination, a threat that, while few believe Trump would actually follow through on, shows just how much he despises his one-time ally. We may never find out just how far Trump would go, though, as the conservative Washington Examiner said last week that Ducey "continues to wave off the encouragement from fellow Republicans" to run.

GA-Sen, GA-Gov: Former Republican Rep. Doug Collins said Monday that he wouldn't run for anything in 2022. Collins, who gave up his seat in the House last year to unsuccessfully run for the Senate, had previously talked about campaigning against Democratic Sen. Raphael Warnock or waging a primary bid against Gov. Brian Kemp.

OH-Sen, OH-13: It's really happened: Democratic Rep. Tim Ryan has launched a campaign for Ohio's open U.S. Senate seat. Ryan, who is close to labor and had $1 million in the bank at the end of March, is the first major candidate to announce a bid for Team Blue, and he'll likely be the frontrunner in a primary. He'd face a tough general election battle, though, in a former swing state that supported Donald Trump by a wide 53-45 margin last year.

Still, the congressman and his allies are hoping that Ryan, who has represented the Youngstown area in Congress since 2003, will be able to win back the type of working class voters who backed the Democratic ticket until the Trump era. He very much seemed to be aiming his opening message at this demographic, declaring, "Ohioans are working harder than ever, they're doing everything right, and they're still falling behind."

Ryan himself has also managed to decisively hold the 13th Congressional District, which backed Barack Obama 63-35 in 2012 but only supported Joe Biden 51-48, despite its ugly trend to the right. Still, his 52-45 showing last cycle was by far the narrowest victory in his 10 House campaigns.

Ryan has, until now, explored running for statewide office numerous times only to stay in the House, but his congressional district may not exist for much longer. Ryan made his announcement hours before the Census confirmed that Ohio would be losing a seat. Ohio Republicans also will more or less have free rein to draw the new congressional maps as they please despite the passage in 2018 of a supposedly reform-minded constitutional amendment, and they very well could leave Ryan's would-be Democratic successors without a friendly constituency to campaign for.

PA-Sen, PA-Gov: The Philadelphia Inquirer's Jonathan Tamari relays that Republican Rep. Mike Kelly or his team have told at least two of his colleagues that he'll seek re-election rather than run for Senate or for governor.

Governors

FL-Gov: Democratic Rep. Charlie Crist recently created a political committee that allows him to raise money for a potential bid for governor.

NV-Gov: North Las Vegas Mayor John Lee didn't rule out a run for governor earlier this month just before he left the Democratic Party to join the Republicans, and political columnist Jim Hartman writes that he's indeed considering taking on Democratic incumbent Steve Sisolak. Hartman also adds that 2018 nominee Adam Laxalt has turned his attention to a possible campaign against Sen. Catherine Cortez Masto and doesn't appear interested in another campaign against Sisolak.

SC-Gov, SC-01: Former Rep. Joe Cunningham announced Monday that he would seek the Democratic nomination to take on Republican Gov. Henry McMaster rather than try to regain his old House seat along the South Carolina coast, which Republicans are poised to redraw in redistricting and could make much redder.

Cunningham lost his bid for a second term by a narrow 51-49 to Republican Nancy Mace last year as Donald Trump was taking the 1st District 52-46, and he'll face a decidedly uphill climb in a state that Trump won by a much-larger 55-43 spread. Still, Democrats are hoping that two uninterrupted decades of GOP governors, as well as a potentially competitive Republican primary, could give them an opening to score their first statewide win since 2006.

Cunningham is McMaster's only notable opponent from either party so far, but a few Republicans have shown some interest in taking on the governor. The most vocal member of this group is businessman John Warren, who lost the 2018 runoff to McMaster 54-46 and didn't rule out a rematch back in January.

VA-Gov: The Virginia Republican Party will be choosing its statewide nominees at its May 8 convention, but the Washington Post's Laura Vozzella says it will likely take "several days" to learn the winners. The party's State Central Committee voted Sunday to begin a hand-count of the ballots starting the day after the gathering, a lengthy process that involves instant-runoff tabulations; Vozzella adds, "Votes will be weighted based on each locality's performance in past GOP contests."

House

LA-02: The all-Democratic special election runoff for Louisiana's vacant 2nd Congressional District saw state Sen. Troy Carter defeat fellow state Sen. Karen Carter Peterson 55-45 on Saturday. Carter will succeed Cedric Richmond, who resigned from this New Orleans-area district in January to take a post in the Biden White House.

Many national observers saw the contest between Carter and Peterson (who are not related) as a battle between moderates and progressives. Both New Orleans-based legislators campaigned as ardent Democrats, but Peterson, who would have been the first Black woman to represent Louisiana in Congress, argued she was the more liberal of the two. Notably, while Peterson emphatically backed the Green New Deal, Carter would only call it "a good blueprint" and said he didn't support the plan. Carter, in turn, insisted he'd have an easier time working with Republicans in Congress than Peterson.

Carter did in fact earn the support of some prominent Republicans, including Jefferson Parish President Cynthia Lee Sheng, but he also had endorsements from Richmond himself and Majority Whip Jim Clyburn, the highest-ranking Black member of the House. Peterson, for her part, enjoyed the backing of Gary Chambers, a vocal progressive who took a strong third place in the first round of voting in March, as well as New York Rep. Alexandria Ocasio-Cortez, and she also benefited from $1.2 million in runoff spending from EMILY's List.

However, other factors at work complicate the narrative that Carter's victory was a win for the establishment over progressive outsiders. To begin with, both Carter and Peterson have served in elected office since the 1990s, and Peterson even chaired the state Democratic Party from 2012 until just last year.

In a marker of their political longevity, both candidates also competed against one another for a previous version of this seat 15 years ago. Carter took a distant fifth in the all-party primary, while Peterson went on to lose a runoff to then-Rep. Bill Jefferson; Carter would unsuccessfully run again two years later.

Stephanie Grace of the New Orleans Advocate also notes that Carter had the support of very influential liberal politicians in New Orleans, an area that made up just over half the vote in Saturday's election. Among those in Carter's corner were Orleans Parish District Attorney Jason Williams, a progressive reformer who won his seat last year by beating a Peterson-backed opponent, as well as City Council President Helena Moreno. And while both candidates supported LGBTQ rights, Grace notes that Carter's "longtime advocacy made him the favorite for much of that community."

Local New Orleans political divides also likely played a big role in the end result. Peterson is a leader in the Black Organization for Leadership Development (BOLD), a longtime power-player in the Crescent City that has often clashed with Richmond and his allies. Both sides ran up some major wins and losses in the 2019 legislative elections, and if anything, Saturday's runoff was a continuation of that long-running battle—one in which the Richmond-Carter bloc came out decisively on top.

Peterson had needed a good showing in Orleans Parish, which is coterminous with the city of New Orleans, to make up for her losses in the rest of the district, but Carter instead carried it 53-47.

NJ-11: The New Jersey Globe mentions former Monmouth County Commissioner Christine Myers as a possible Republican opponent for Democratic Rep. Mikie Sherrill, though there's no word on her interest. Myers' name came up here in 2018 and 2020, but she opted to remain at the Small Business Administration during both cycles. Myers, though, was one of the many Trump appointees who recently lost their post in the federal government.

NY-24: The Conservative Party in Onondaga County, which makes up most of New York's 24th Congressional District, says it won't endorse Republican Rep. John Katko next year, putting the congressman at risk of losing a ballot line that's played a key role in sustaining his political career. Katko had previously lost the support of Conservatives in the other three counties in the district—Oswego, Cayuga, and Wayne—though the ultimate decision will fall to state party chair Jerry Kassar, who previously said Katko is "in trouble" and reportedly plans to defer to local leaders.

Katko has received a great deal of attention—and, from Donald Trump loyalists, scorn—for his vote to impeach Trump in January, but that's not the only issue putting him at odds with the Conservative Party. Die-hards are also pissed that he backed the Equality Act, which would protect LGBTQ rights, and that he voted to boot Georgia Rep. Marjorie Taylor Greene from her committee assignments due to her violent rhetoric. However, Katko also voted for the Equality Act in 2019 and still retained the Conservative Party's support the next year, so there may be time to repair the relationship.

Katko will certainly hope so: In 2018, he defeated Democrat Dana Balter by 13,694 votes—fewer than the 16,972 he received on the Conservative line. While his victory wasn't dependent on that line in his 2020 rematch with Balter, Katko might not be so lucky next year, especially if Democrats target him in redistricting.

Onondaga Conservatives say they'll ask Kassar to either leave the party's line blank or endorse someone else in 2022. The latter option could prove particularly self-defeating, but it's a tack not unfamiliar to right-wing extremists in New York: Republicans lost a special election in 2009 in what was then the 23rd Congressional District after the GOP and the Conservative Party nominated different candidates, allowing Democrat Bill Owens to flip a seat that had been red since the 19th century.

OH-01: Franklin Mayor Brent Centers recently filed paperwork with the FEC, but the Republican isn't ready to launch a bid for Congress yet. Centers recently told the National Journal's Kirk Bado that he wasn't making any decisions until he sees Ohio's new congressional map, though he added that he wanted to run for the seat in the Cincinnati suburbs.

The mayor also said of Republican Rep. Steve Chabot, who appears to be his most likely opponent, "After 25 years, we need new energy. I would hope he retires." Chabot, however, has insisted time after time that he's not going anywhere.

OH-15: Gov. Mike DeWine on Monday announced the dates of the special election to succeed Rep. Steve Stivers, a fellow Republican who will resign May 16 in order to lead the state Chamber of Commerce. The filing deadline will be the following day, May 17. The primary and general will be Aug. 3 and Nov. 2, respectively, the same as the dates for the special for the 11th District.

TX-06: Republican activist Susan Wright picked up an endorsement Monday from Donald Trump less than a week ahead of the May 1 all-party primary to succeed her late husband, Rep. Ron Wright.

Trump made his not-tweet days after his camp publicly called out former wrestler Dan Rodimer for claiming, "Our campaign is the only one that has ever been endorsed by President Trump in this race." Trump did indeed back Rodimer last year when he was the GOP nominee for Congress―in Nevada.

Legislative

Special Elections: There was a special election on Saturday in Louisiana and there is also one on tap for Tuesday in Connecticut. First up is our recap:

LA-HD-82: Republican Laurie Schlegel defeated fellow party member Eddie Connick 52-48 in a runoff election to win this suburban New Orleans district. Schlegel was able to reverse her fortunes from the first round of voting, which Connick led 40-36.

This chamber is now at full strength with Republicans in control 68-35 (there are two independent members).

CT-HD-145: This is a Democratic district in Stamford that became vacant when former Rep. Patricia Miller was elected to the state Senate in a special election in March. Democrat Corey Paris is taking on Republican J.D. Ospina, and both candidates have run for office before; Paris waged a bid for a state House seat in the Bridgeport area in 2018 but failed to make the ballot, while Ospina ran for this seat in 2020, losing to Miller 77-23.  

This is a strongly Democratic district that backed Hillary Clinton 80-17 in 2016. Democrats currently control this chamber 96-54, with just this seat vacant.

Mayors

New York City, NY Mayor: Brooklyn Borough President Eric Adams unveiled an endorsement Monday from Ruben Diaz Jr., his counterpart in the Bronx, for the June instant-runoff Democratic primary. Diaz, who is one of the more prominent Latinos in city politics, surprised almost all political observers last year when he decided not to wage his own campaign for mayor.

Other Races

CA-AG: Sacramento County District Attorney Anne Marie Schubert on Monday announced a campaign against Democratic incumbent Rob Bonta, who was confirmed to this post just last week. Schubert, a former Republican who became an independent in 2018, attracted national attention for her role in apprehending the Golden State Killer in 2016, and she would be the first gay person elected to this post.

Schubert presented herself as a counter to two prominent California criminal justice reformers who recently won district attorney races, Los Angeles County's George Gascón and San Francisco's Chesa Boudin. She joins a top-two primary that includes Republican Nathan Hochman, a former federal prosecutor who is running on similar themes.  

VA-LG: On Monday, Del. Hala Ayala picked up an endorsement from Gov. Ralph Northam ahead of the June 8 Democratic primary. Ayala, whose 2017 win made her one of the first Latinas to serve in the state House, would be the first woman of color elected statewide in Virginia. She faces five rivals for the nomination, including three with significantly more cash-on-hand than her.

Morning Digest: Expected delay in census data release could wreak havoc with redistricting timelines

The Daily Kos Elections Morning Digest is compiled by David Nir, Jeff Singer, Stephen Wolf, Carolyn Fiddler, and Matt Booker, with additional contributions from David Jarman, Steve Singiser, Daniel Donner, James Lambert, David Beard, and Arjun Jaikumar.

Leading Off

2020 Census, Redistricting: On Wednesday, the Census Bureau revealed that the state-level population data from the 2020 census that is needed to determine how many congressional seats and Electoral College votes each state receives is not expected to be released until April 30, four months after the original deadline. This delay is the result of pandemic-related disruption to census operations last year and Donald Trump's so far unsuccessful attempt to manipulate census data for his own partisan ends.

Additionally, the census also announced that the more granular population data needed for states to actually draw new districts won't be released until at least after July 30, which is also a delay of at least four months from the original March 31 deadline. Consequently, these delays will create major disruptions for the upcoming 2020 round of congressional and legislative redistricting.

New York University Law School's Brennan Center for Justice released an in-depth report in 2020 looking at which states have deadlines that are in conflict with a potentially delayed data release schedule and what the impact of a delay may be. The most directly affected states are New Jersey and Virginia, which are the only two states that are set to hold legislative elections statewide in 2021 and would normally redraw all of their legislative districts this year.

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However, New Jersey Democrats passed a constitutional amendment in 2020 that will require legislative redistricting be delayed until the 2023 state elections if the census doesn't provide the necessary data by Feb. 15, 2021, which is now virtually guaranteed. In Virginia, primary elections are currently planned for June 8, but if redistricting data isn't released until August, it would be practically impossible to conduct redistricting, hold delayed candidate filing, and hold a delayed primary with enough time before November, meaning that the current legislative districts drawn in 2011 would likely remain in place for November's elections.

The situation isn't much better for several other states that have constitutionally mandated redistricting deadlines set to kick in this summer before they could feasibly draw new districts if data isn't released until late summer. Every state constitution requires a lengthy process for amendments that includes a required voter referendum, passage in multiple years, or both, and it's thus too late to amend these constitutions to alter those deadlines this year, increasing the likelihood of litigation over failure to meet key deadlines.

One major state in particular that could be thrown into turmoil due to a delayed release of census data is Illinois, whose constitution sets a deadline of June 30 for passing new legislative districts following a census year. If legislators fail to adopt new districts by the June 30 deadline, legislators would cede control over legislative redistricting to a bipartisan backup commission where the tiebreaking member is chosen in a 50-50 game of chance between the two parties. Democrats currently hold the legislature and have been expected to have total control over redistricting, but if the process reverts to the backup commission, Republicans would have even odds of controlling legislative redistricting in this blue state.

However in the case of Illinois, the situation pivotally would depend on which year would be categorized as the census year. Normally, that would be a year ending in zero—i.e. 2020—but the Brennan Center details how Illinois leaves open the possibility for 2021 to instead be considered the census year, which would give lawmakers until June 30, 2022 to draw new legislative districts (congressional redistricting does not use the same timeline or process as legislative redistricting). It's unclear how such a determination of the census year is made, and litigation over it is a strong possibility.

Meanwhile, nearly every state has different procedures and timelines for congressional redistricting than they do for legislative redistricting, and the delayed release of census data will be less disruptive nationally at the congressional level than it may be for state legislatures.

Senate

FL-Sen: Oh, vom. Politico reports that former Democratic Rep. Alan Grayson is making calls about a possible challenge to Republican Sen. Marco Rubio, and when asked about it, Grayson's only response was, "Repeal Rubio. That's all I have to say." Anyone but Grayson—that's all we have to say.

KS-Sen: Former Secretary of State Mike Pompeo, who last month did not rule out a bid for governor next year, just accepted a position at a conservative think tank in D.C., which is not the kind of gig you usually take if you're planning to run for office in your home state. It's certainly not impossible, though—we've seen politicians do brief stints as Washington lobbyists before staging comebacks—so don't count Pompeo out just yet.

OH-Sen: Team Blue is hoping that Republican Sen. Rob Portman's surprise retirement will give them a better shot at prevailing in a state that has been trending the wrong way, and more Democrats are publicly and privately discussing running. One familiar name who told CNN he was considering the contest is Franklin County Recorder Danny O'Connor, who lost two close 2018 races in the conservative 12th Congressional District against Republican Troy Balderson.

State House Minority Leader Emilia Sykes, who would be the state's first Black senator, also said she was thinking about entering the Senate race. Sykes previously expressed interest last month in campaigning to succeed cabinet nominee Rep. Marcia Fudge, if there's a special election for the safely blue 11th District, and it's not clear if she's also considering running there.

Cleveland.com's Seth Richardson also relays that former state health director Amy Acton is considering running as a Democrat, though she hasn't said anything publicly. Acton attracted state and national attention during the opening months of the coronavirus crisis through her prominent place at Republican Gov. Mike DeWine's afternoon briefings, and Richardson writes that she impressed many through her "her frank discussion of the dangers of coronavirus and the need for mitigation." Acton, who was also the target of conservative attempts to undermine her, as well as antisemitic attacks, stepped down in June.

On the GOP side, 2018 nominee Jim Renacci said Tuesday he was interested in another Senate bid and would "be exploring my options to reenter public office over the next 60 days." Renacci, who previously served four terms in Congress, has spent the last several months talking about challenging DeWine for renomination in part over the governor's efforts to limit the spread of the pandemic. Republicans who remember his 53-47 loss to Democratic Sen. Sherrod Brown, though, probably won't want him as their standard bearer for either race.

State GOP chair Jane Timken also confirmed Wednesday that she was "seriously considering" a Senate run. Timken, who won her post in early 2017 by unseating an incumbent with the Trump campaign's support, is also part of a prominent donor family in state party politics.

Two other Republicans who had shown some interest in getting in, Lt. Gov. Jon Husted and former Rep. Pat Tiberi, each said Wednesday that they wouldn't enter the race. Several unnamed Republicans also suggested to Cleveland.com's Andrew Tobias that others could stay out should Rep. Jim Jordan, a key Trump sycophant, get in, including 2012 nominee Josh Mandel. However, some unnamed observers pointed out that Jordan has talked about running statewide but never done it, and they predict that 2022 will be no different.

VT-Sen: Democratic Sen. Patrick Leahy, who was hospitalized for a few hours on Tuesday after suffering what he described as muscle spasms, said on Wednesday that "of course" he'll continue to serve out the rest of his term but said he wouldn't make a decision about whether to seek a ninth term until the end of the year.

"You all know this, I never make up my mind until November or December the year before and I'm not going to now," said the 80-year-old Leahy. "Usually when we start skiing and snowshoeing then we talk about it." Leahy, who is currently the longest-serving member of the Senate, sounded ready to run again, saying "the latest polls show me winning easily."

Retirement Watch: With Ohio Sen. Rob Portman's surprise announcement on Monday making him the third GOP senator to retire so far in this young election cycle, Republicans are nervously waiting to see how many more of their brethren might also call it quits. Among those on the watch list:

AL-Sen: Richard Shelby is 86 and has been in office since 1987. After last year's elections, Shelby promised a decision by January, but now he tells Roll Call's Bridget Bowman that he won't say anything more until after Donald Trump's second impeachment trial, which will not begin until Feb. 8. When asked about his plans this week by CNN, Shelby would only say, "I'll let you know." Bowman says the senator "is not expected to run for reelection."

AR-Sen: John Boozman, 70, said a year ago that he’s planning to run for a third term, and he repeated that intention this week to CNN. However, the senator has experienced some health problems that required heart surgery in 2014 and again in 2017, and he hasn’t yet announced a re-election bid.

IA-Sen: 87-year-old Chuck Grassley, who was first elected in 1980, said in February of last year that he'd come to a decision eight to 12 months before Election Day 2022, though now he seems to have moved his timetable up. In new remarks, he says he'll make an announcement in "several months." If Grassley were to run and win again, he'd be 95 years old at the end of what would be his eighth term.

ID-Sen: Mike Crapo, 69, also told CNN he plans to run for a fifth term but likewise hasn’t actually kicked off a campaign. He was treated for prostate cancer in 2000 and 2005.

MO-Sen: A spokesperson for Roy Blunt, 71, said in November that the senator would seek a third term, but now he's sounding less definitive. Blunt told Roll Call's Bowman that he's "planning on reelection, but I haven't made a final statement on that yet." In separate remarks about his plans to Politico, Blunt said, "I really have not been thinking much about it to tell you the truth. ... I keep thinking there will be a little breathing space, so far it’s not happening."

SD-Sen: John Thune, whose 60 years of age put him just below the senatorial average of 63, would only tell CNN that he'll make an announcement about a fourth term "at some point in the future." Trump exhorted Republicans to primary Thune late last year after the senator said that efforts to overturn the Electoral College "would go down like a shot dog."

WI-Sen: Ron Johnson, 65, pledged prior to his last election in 2016 that he would only serve one more term if he won, but now he's contemplating going back on his word. However, he still hasn't made up his mind about whether to break his promise and run for a third term, saying, "I don't think I have to for a while."

CNN also notes that Kansas’ Jerry Moran and South Dakota’s John Hoeven have not launched re-election bids yet, but both are in their mid-60s—relatively young by Senate standards—and joined the Senate in 2011.

Governors

CA-Gov: Tech billionaire Chamath Palihapitiya has announced that he'll run to replace Democratic Gov. Gavin Newsom in the event a recall election moves forward, though he didn't specify which party banner, if any, he'd fly. Palihapitiya has given $1.3 million to Democratic candidates and causes over the last decade, along with one $5,000 donation to Ted Cruz in 2011.

MD-Gov: Unnamed advisers to Baltimore County Executive John Olszewski, who previously did not rule out a run for governor, say Olszewski is now considering a bid for the Democratic nomination. Another Democrat, Howard County Executive Calvin Ball, is also not ruling out the race, according to Maryland Matters. Meanwhile, 2018 Democratic nominee Ben Jealous, who last year said he had not "closed the door on running for governor again," is staying involved in Maryland politics by taking the helm of a new marijuana reform initiative.

SC-Gov: 2018 candidate John Warren recently refused to rule out a second GOP primary bid against incumbent Henry McMaster, and The State’s Maayan Schechter reports that he might not be the only Republican looking at this race.

Schechter writes that there’s “buzz” that state Senate Majority Leader Shane Massey could challenge the governor, and that he would not comment for her story. Massey has been a loud critic of McMaster’s response to the pandemic: Last month, Massey was one of several Republicans to prepare bills that would give legislators the final say over emergency orders.

Catherine Templeton, who also ran in 2018, said back in August that she was likely to run, though we haven’t heard anything from her since then. A runoff would take place if no one wins a majority in the first round of the primary, so McMaster couldn’t slip by with a plurality.

South Carolina has been a very tough state for Democrats especially in recent years, but a few local politicians have shown some interest in running. Former Rep. Joe Cunningham told Schechter he would consider his future "[o]ver the next few months.” Cunningham also expressed interest last year in seeking a rematch with Republican Nancy Mace, who narrowly unseated him in November, though redistricting could make that contest less attractive.

Columbia Mayor Steve Benjamin, who would be the state’s first Black governor, has also been mentioned as a prospective candidate for years, and he once again did not rule it out when asked. Benjamin and McMaster faced off in the open 2002 race for attorney general, a race McMaster won 55-44. Benjamin is up for re-election this year, and he hasn’t said if he’ll seek a fourth term.

State Sens. Marlon Kimpson and Mia McLeod also said they were thinking about a gubernatorial bid as did 2018 contender Marguerite Willis, an attorney who lost that year’s primary to James Smith 62-28. Schechter also lists former state Rep. Mandy Powers Norrell, who was Smith’s candidate for lieutenant governor, as considering, though there’s no quote from her.

VA-Gov: A second rich dude, former private equity executive Glenn Youngkin, has entered Virginia's Republican primary for governor, just days after another finance guy, Pete Snyder, did the same. Snyder, by the way, has already released a TV ad, which the National Journal says is backed by a $250,000 buy, complaining about the slow pace of reopening schools and calling himself a "disruptor." It's not clear who he's trying to reach with this sort of advertisement, though, given that the GOP nomination will be decided by, at most, just a few thousand delegates at the party's May 1 convention.

House

CA-21: Former Fresno City Councilman Chris Mathys, who was last seen taking a distant third in the GOP primary for New Mexico's 2nd Congressional District last year, has announced a challenge to Rep. David Valadao, one of the 10 House Republicans who voted to impeach Donald Trump earlier this month. Fresno isn't located in California's 21st Congressional District either, though it is closer than New Mexico.

CA-39: Democrat Jay Chen, a Navy Reserve officer and local community college trustee, has announced a bid against freshman Republican Rep. Young Kim. Chen previously ran for California's 39th Congressional District in 2012, losing 58-42 to Republican Rep. Ed Royce, though the area was considerably redder back then: That same year, Mitt Romney carried the district 51-47, while in 2020, Joe Biden won it 54-44.

Chen also briefly ran here in 2018 after Royce retired, but to help avoid a disaster in the top-two primary, he took one for the team and dropped out in order to reduce the number of Democratic candidates and, thereby, the chance that a fractured voted would allow two Republicans to advance to the general election.

PA-07: Republican Lisa Scheller, who lost to Democratic Rep. Susan Wild 52-48 last year in Pennsylvania's 7th Congressional District, has filed paperwork with the FEC in anticipation of another congressional bid, though it's not clear exactly where she might run. Redistricting is set to scramble Pennsylvania's map, and mindful of that, Scheller changed the name of her campaign committee from "Scheller for PA-07" to "Scheller for Congress, Inc." (no, we don't know why she thinks she's running a corporation). She's promised "a more formal announcement" about her plans over the summer.

PA-10: Politico reports that, according to an unnamed source, the DCCC is trying to recruit 2020 nominee Eugene DePasquale for another go at Republican Rep. Scott Perry in Pennsylvania's 10th District. DePasquale, whose press list has understandably been largely dormant since November, recently put out a statement calling on his former opponent to resign after the New York Times reported that he played a central role in trying to overturn last year's presidential election.

Perry, the Times said, introduced Donald Trump to a Justice Department attorney who proposed ousting acting Attorney General Jeffrey Rosen and directing the DOJ to pressure Georgia officials into altering their state's results. The congressman later confirmed the report. DePasquale wound up losing to Perry by a 53-47 margin last year but he insisted to Politico that the surge in Republican enthusiasm generated by Trump's presence on the ballot "will not be in play in 2022."

Legislatures

Special Elections: Here's a recap of Tuesday's special election in Iowa:

IA-SD-41: Republican Adrian Dickey defeated Democrat Mary Stewart 55-45 to hold this seat for the GOP. An unusual complicating factor arose on Election Day when a major snowstorm hit southeastern Iowa, and Democrats were reportedly leading in mail ballots heading into Tuesday. This was enough to make Dickey himself nervous about the final outcome, but the red tilt of this district was enough for him to prevail.

While Stewart did worse than in her first bid for this seat, a 52-48 loss to Mariannette Miller-Meeks in 2018, she was able to once again improve upon Hillary Clinton's 57-38 loss here in 2016.  

This chamber moves to a 32-18 advantage for Republicans with no other vacancies.

Mayors

Detroit, MI Mayor: Incumbent Mike Duggan got his first notable opponent for the August nonpartisan primary on Tuesday when Anthony Adams, who served as deputy mayor in former Mayor Kwame Kilpatrick's administration, launched his campaign.

Adams, who is also a former school board president, argued that “there is a dramatic need for mayoral change in the city of Detroit." Adams also played down his ties to Kilpatrick, who resigned in disgrace in 2008, saying, "I am my own man and I'm running on my own record." Kilpatrick, who was later sentenced to 28 years in prison for corruption, was in the news last week after Donald Trump commuted his punishment, a decision that Duggan praised.    

Meanwhile, school board member Sherry Gay-Dagnogo said this week that she planned to sit the contest out. The former state representative didn't quite rule out a bid, though, saying instead that she wouldn't run "[u]nless there is a massive cry for me to reconsider." The candidate filing deadline is April 20.

New York City, NY Mayor: Businessman and 2020 presidential candidate Andrew Yang has released a survey of the June Democratic primary from Slingshot Strategies that gives him a 25-17 lead over Brooklyn Borough President Eric Adams, with City Comptroller Scott Stringer in third with 12%, though a hefty 32% of respondents are initially undecided. The survey then simulates the instant runoff process and shows Yang defeating Adams 61-39 on the 11th and final round of voting. This poll, which was in the field Jan. 15-19 and sampled 800 people, is the first survey we've seen since Yang joined the race earlier this month.

Meanwhile, Marine veteran Zach Iscol announced this week that he was dropping out of the race and would instead run to succeed Stringer as controller. Around that same time, though, businesswoman Barbara Kavovit, who was a regular on the "Real Housewives of New York City," kicked off her own campaign for the Democratic mayoral nomination.

Seattle, WA Mayor: Colleen Echohawk, who leads the nonprofit Chief Seattle Club, announced Monday that she would run to succeed retiring Mayor Jenny Durkin this year. Echohawk, who is a member of both the Kithehaki Band of the Pawnee Nation and the Upper Athabascan people of Mentasta Lake, would be the first woman of color to lead Washington's largest city.

Echohawk has not run for office before, but she has been prominent in local government. In addition to serving on the Community Police Commission, she also founded the Coalition to End Urban Indigenous Homelessness and previously served on the Downtown Seattle Association's board.

Echohawk joins Lance Randall, the director of economic development of the nonprofit SEED, and architect Andrew Grant Houston in the August nonpartisan primary, though it remains to be seen if either of them have the connections to run a serious bid. The candidate filing deadline is in May.

Other Races

New York City, NY Comptroller: The City's Rachel Holliday Smith takes a look at the June Democratic primary to succeed Scott Stringer, who is running for mayor, as New York City comptroller, a post that has plenty of influence over the nation's largest city. Democrats have controlled this office since 1946, and Team Blue's nominee should have no trouble holding it.

First, though, Smith discusses what the comptroller actually does. Among other things, the office is responsible for reviewing contracts, auditing and overseeing city agencies, and "[e]nsuring transparency and accountability in setting prevailing wage and vigorously enforcing prevailing wage and living wage laws." The comptroller is also one of only a trio of citywide elected offices: The other is public advocate, where Democratic incumbent Jumaane Williams doesn't face any serious opposition for re-election this year.

What the comptroller's post hasn't been, though, is a good springboard to the mayor's office. The last person to successfully make the jump was Democrat Abe Beame, who was elected mayor in 1973 on his second try and lost renomination four years later. Since then four other comptrollers have unsuccessfully campaigned for the city's top job, a streak Stringer will try to break this year.

Six notable Democrats are competing in the June primary, which will be decided through instant runoff voting. The two with the most cash by far are City Councilman Brad Lander and state Sen. Brian Benjamin, who have both brought in enough to qualify for matching funds (a system we explain here).

Benjamin, though, earned some unwelcome headlines earlier this month when The City reported that multiple donors said that they had not actually contributed any money to his campaign, and some even volunteered that they had never even heard of Benjamin. One of his unwilling donors said that he didn't blame Benjamin for what happened and instead said the problem rested with his former employer. Benjamin's team soon announced that they would give the New York City Election Campaign Finance Fund $5,750, which represented 23 donations of $250 each.

Assemblyman David Weprin, who unsuccessfully ran to succeed the disgraced Anthony Weiner in the 2011 special election for what was numbered the 9th Congressional District at the time, and state Sen. Kevin Parker have also been campaigning for a while. Neither of them have the resources that Lander or Benjamin do at the moment, though they could receive a big boost if they qualify for matching funds: The New York Times reports that Weprin has likely brought in enough, though the campaign finance board needs to confirm this before it dispenses any public money.

Two other Democrats also joined the race this week. Marine veteran Zach Iscol, a moderate who is close to Hillary Clinton, abandoned his mayoral bid to run here. Iscol will be able to transfer the cash he raised for his previous campaign to his new race, which could matter quite a bit: While he fell about $20,000 short of the minimum needed to qualify for public money for mayor, the Times reports that he's likely already hit the lower threshold needed for the comptroller contest.

The other new contender is Michelle Caruso-Cabrera, a former CNBC anchor who challenged Rep. Alexandria Ocasio-Cortez in last year's Democratic primary. Caruso-Cabrera, who ran well to the congresswoman's right, raised millions from AOC haters nationwide and self-funded over $1 million, but she lost by a lopsided 74-18 margin.

Data

Pres-by-CD: Our project to calculate the 2020 presidential results for all 435 congressional districts nationwide hits Kentucky. You can find our detailed calculations here, a large-size map of the results here, and our permanent, bookmarkable link for all 435 districts here.

Donald Trump won the Bluegrass State 62-36, which was pretty similar to his 63-33 performance in 2016, and he once again carried five of Kentucky's six congressional districts. The one exception was, as before, Rep. John Yarmuth's 3rd District in Louisville, which is also the only Democratic-held seat in the commonwealth: Joe Biden took the seat 60-38, compared to 55-40 for Hillary Clinton four years earlier, a shift due in part to the decline in third-party voting.

The closest constituency was again the 6th District in the Lexington area, where Trump's margin shrunk a bit from 55-39 in 2016 to 54-44 in 2020. Republican Rep. Andy Barr won re-election in 2018 by beating Democrat Amy McGrath just 51-48 in a very expensive race, but Barr had a much easier time last year and prevailed 57-41.

Trump took at least 65% of the vote in the remaining four GOP-held seats. His strongest performance in the state was his 80-19 romp in veteran Rep. Hal Rogers' 5th District in rural eastern Kentucky, which makes this the Trumpiest of the 345 seats we've released numbers for so far. (The seat that got displaced for that title, though only just, was Texas' 13th District, which backed the top of the ticket 79-19.) Believe it or not, though, Trump's 2016 margin in this coal country constituency was slightly larger at 80-17.

The 83-year-old Rogers has decisively won re-election 20 times, but this area was extremely divided when he was first elected in 1980. The current version of the 5th District contains several ancestrally Democratic areas that favored Team Blue even in tough years, including Elliott County, which famously never supported a Republican presidential nominee from the time of its formation in 1869 through 2012—the longest streak of Democratic support in any county in the country. Those days are long gone, however, as Trump carried Elliott County with 70% in 2016 and 75% last year.

The 5th is also home to areas that were deep red even when Democrats were the dominant party statewide, as they were at the time Rogers was first elected. This includes Jackson and Leslie Counties, which have not once backed a Democrat for president since they were created in the 19th century. They're not likely to start anytime soon, either, as Trump won close to 90% in both.

Kentucky Democrats, thanks in large part to their downballot dominance in parts of the eastern part of the state, ran the state House nonstop from the early 1920s through the 2016 elections, which always gave them at least a seat at the table for redistricting. The GOP took firm control of the legislature for the first time ever when Trump first won the state, though, and they have more than enough votes to override any possible veto by Democratic Gov. Andy Beshear and pass their own maps for the first time.

Voting Rights Roundup: Georgia Senate wins pave way for Democrats to pass historic election reforms

Leading Off

Congress: With victories in Georgia's Senate runoffs, congressional Democrats now have the opportunity to pass the most important set of voting and election reforms since the historic Voting Rights Act was adopted in 1965. These reforms face a challenging path to passage given Democrats' narrow majorities, but their adoption is critical for preserving American democracy amid unprecedented attacks upon it by Republican extremists both in and outside Congress.

Chief among these proposals is the reintroduction of H.R. 1, the "For the People Act," which House Democrats passed in 2019 and would enact groundbreaking reforms by (1) removing barriers to expanding access to voting and securing the integrity of the vote; (2) establishing public financing in House elections to level the playing field; and (3) banning congressional gerrymandering by requiring that every state create a nonpartisan redistricting commission subject to nonpartisan redistricting criteria.

Democrats have also called for enacting a new Voting Rights Act, which the House passed in 2019 and subsequently named after the late Georgia Rep. John Lewis, a hero of the civil rights movement who died last year. Finally, House Speaker Nancy Pelosi has vowed to bring a bill to the floor to finally end the disenfranchisement of 700,000 Americans by making Washington, D.C. a state, which House Democrats also approved last year. We'll detail each of these major reforms below.

Pelosi has indicated that passing H.R. 1, symbolically named as the first bill of the session, will be a top priority for the new Congress. This bill would adopt the following reforms for federal elections:

  • Establish automatic voter registration at an array of state agencies;
  • Establish same-day voter registration;
  • Allow online voter registration;
  • Allow 16- and 17-year-olds to pre-register so they'll be on the rolls when they turn 18;
  • Allow state colleges and universities to serve as registration agencies;
  • Ban states from purging eligible voters' registration simply for infrequent voting;
  • Establish two weeks of in-person early voting, including availability on Sundays and outside of normal business hours;
  • Standardize hours within states for opening and closing polling places on Election Day, with exceptions to let cities set longer hours in municipal races;
  • Require paper ballots filled by hand or machines that use them as official records and let voters verify their choices;
  • Grant funds to states to upgrade their election security infrastructure;
  • Provide prepaid postage on mail ballots;
  • Allow voters to turn in their mail ballot in person if they choose;
  • Allow voters to track their absentee mail ballots;
  • Require states to establish nonpartisan redistricting commissions for congressional redistricting (likely not until 2030);
  • End prison gerrymandering by counting prisoners at their last address (rather than where they're incarcerated) for the purposes of redistricting;
  • End felony disenfranchisement for those on parole, probation, or post-sentence, and require such citizens to be supplied with registration forms and informed their voting rights have been restored;
  • Provide public financing for House campaigns in the form of matching small donations at a six-for-one rate;
  • Expand campaign finance disclosure requirements to mitigate Citizens United;
  • Ban corporations from spending for campaign purposes unless the corporation has established a process for determining the political will of its shareholders; and
  • Make it a crime to mislead voters with the intention of preventing them from voting.

The John Lewis Voting Rights Advancement Act, meanwhile, would restore the protections that the Supreme Court's conservatives eviscerated in an infamous 2013 decision. That ruling removed a requirement for a number of largely Southern states and localities with a pervasive history of racial discrimination to "preclear" all efforts to change voting laws and procedures with the Justice Department. The VRAA would establish new criteria for deciding which jurisdictions would fall under the preclearance requirement after the 2013 court ruling struck down the old formula.​

Campaign Action

​Under the new setup, any state where officials have committed at least 15 voting rights violations over a 25-year period would be required to obtain preclearance for 10 years. If the state itself, rather than localities within the state, is responsible for the violations, it would take only 10 violations to place it under preclearance. In addition, any particular locality could individually be subjected to preclearance if it commits at least three violations.

Based on this formula, the VRAA would put 11 states back under preclearance: Alabama, California, Florida, Georgia, Louisiana, Mississippi, New York, North Carolina, South Carolina, Texas and Virginia. While most of these states are still in the South (and also under Republican control), the list also includes the two largest Democratic-leaning states in the country, California and New York.

Lastly, the bill to grant statehood to D.C. would shrink the federal District of Columbia down to a handful of important federal buildings surrounding the National Mall while admitting the rest of the district as a new state. All but one House Democrat (who is now no longer in Congress) voted for D.C. statehood last summer, and 46 of the 50 incoming members of the Democratic Senate caucus either sponsored last year's bill or have expressed public support, while the remaining four have yet to take a firm position.

While Democrats winning full control of Congress and the presidency makes it possible to pass the above reforms, their success is far from guaranteed. For starters, Democrats would need unanimous support in the Senate and near-unanimous backing in the House given that every Republican is likely to oppose these reforms.

The most important hurdle, however, is the legislative filibuster, and the fate of these reforms will depend on Senate Democrats either abolishing or curtailing it. Progressive activists have relaunched a movement to eliminate the filibuster entirely following the Georgia victories, while some experts have suggested that Democrats could carve out an exception for voting rights legislation. Either way, Democrats will need to address the filibuster in some fashion, since Senate Republicans have made it clear they will not provide the support necessary to reach a 60-vote supermajority on any of these measures.

Voting Access

Connecticut: Democratic Secretary of State Denise Merrill and legislative Democrats are pushing to pass a series of voting reforms, including the adoption of no-excuse absentee voting, early voting, and automatic voter registration. Last year, lawmakers passed a statute to temporarily expand the definition of illness to allow all voters to cast absentee ballots without needing a specific excuse, and Democrats are considering passing similar legislation this year for upcoming local and special elections with the pandemic still ongoing.

Democrats may also try to permanently remove the excuse requirement by passing a constitutional amendment, as well as once again approving an amendment they passed in 2019 to allow up to three days of early voting. Unless the GOP has a change of heart and supplies enough votes for a three-fourths supermajority, amendments must pass in two sessions with an election in between before going to a voter referendum.

Delaware: Democratic lawmakers in Delaware have introduced two constitutional amendments to expand voting rights: The first would remove the excuse requirement to vote absentee by mail while the second would enable same-day voter registration. Last year, the state temporarily waived the excuse requirement due to the coronavirus pandemic.

Amendments in Delaware must pass the legislature with two-thirds supermajorities in two consecutive sessions, so lawmakers could enact the no-excuse absentee voting amendment this session since they passed it the first time in 2020. (The same-day registration amendment could not go into effect until the 2024 elections at the earliest.) However, since Democrats are just shy of the two-thirds mark in the state House, they will need at least two GOP votes in support. Uniquely among the 50 states, Delaware does not require constitutional amendments to be approved by voters.

District of Columbia: In late November, the Democratic-run Washington, D.C. Council advanced a bill to make permanent a measure temporarily adopted in 2020 that let voters cast ballots at any "vote center" citywide in 2020 instead of just their local polling place. Democratic Mayor Muriel Bowser has yet to sign the bill, which also requires a polling place at the city jail, into law.

Hawaii: Hawaii election chief Scott Nago plans to ask the Democratic-dominated legislature to pass legislation giving voters more time to complete their ballots and to expand the number of in-person "vote centers," where any voter in a county can cast their ballot, to better accommodate voters who can't readily vote by mail or don't want to.

Additionally, voting rights advocates have announced that they will renew their push to ask lawmakers to adopt a bill enacting automatic voter registration through the state's driver's licensing agency and potentially other state agencies, too. The state Senate and House each passed separate bills to adopt automatic registration in 2019, but the proposal failed to become law after the two chambers couldn't agree on a single version.

Illinois: State House Democrats have passed legislation in committee that would make permanent some of the reforms lawmakers adopted in 2020 due to the pandemic, including: counting absentee mail ballots without postage; allowing officials to set up drop boxes for mail ballots; and continuing curbside voting for mobility-limited voters. However, the bill wouldn't extend the practice of sending applications for mail ballots to all voters who have cast ballots in recent election years.

Louisiana: Republican Secretary of State Kyle Ardoin has proposed an emergency voting plan for lawmakers to approve for upcoming local elections and the March 20 special elections for the 2nd and 5th Congressional Districts. Committees in the state Senate and House both advanced the proposal to their respective full chambers earlier this month.

The plan would let voters cast absentee ballots by mail if they are at higher risk for COVID-19, seeking a diagnosis for it, or are subject to a physician's isolation order or caring for someone under isolation. However, it would not waive the excuse requirement for all voters or expand the number of early voting days.

Maine: Democratic Secretary of State Shenna Bellows, who was elevated to the post by Maine's state legislature last month, will push for lawmakers to adopt online voter registration and prepaid absentee ballot postage. Meanwhile, several Democratic legislators have introduced various bills to codify the use of drop boxes, implement a system for letting voters track their absentee ballots, and let absentee ballots be counted earlier.

Maryland: Maryland Democrats have introduced legislation intended to strengthen voting access on college campuses, military bases, retirement homes, and other "large residential communities." Sites like these would be able to request an in-person voting location, and colleges would also be required to establish voter registration efforts on campus and give students an excused absence to vote if needed. The bill would let military service members register online using their identification smart cards issued by the Defense Department.

New Jersey: Committees in both chambers of New Jersey's Democratic-run legislature have declined to advance a measure that would have adopted two weeks of early voting for this year's state-level general elections and some municipal races in May. The New Jersey Globe reported that it was unclear why the bill failed to move forward but also noted that legislative leaders have yet to reach an agreement on the specifics of early voting, including whether to extend it to primaries, despite supporting the idea in principle. Committees in both chambers also passed early voting bills last year, but they did not advance further in 2020.

New York: The past three weeks have been a busy period for voting rights expansions in New York, beginning when Democratic Gov. Andrew Cuomo signed into law an automatic voter registration measure that will involve a variety of different state agencies. Democratic state senators also passed several other reforms this week, including measures to:

The proposals to enact same-day registration and permanently remove the absentee excuse requirement are constitutional amendments that previously passed both legislative chambers in 2019 and must pass again before they can appear on this November's ballot, while the other measures are all statutory and can become law if the Assembly and Cuomo sign off on them.

Oregon: Democratic Gov. Kate Brown has called for several voting reforms in her budget proposal to the Democratic legislature, including reinstituting same-day voter registration; counting mail ballots that are postmarked by Election Day instead of only those received by Election Day; increasing the number of mail ballot drop boxes; and expanding Oregon's automatic voter registration system from just the DMV to include other agencies.

Same-day voter registration would likely require lawmakers to put a constitutional amendment on the ballot thanks to an especially bizarre chapter in state history. Oregon previously offered same-day registration, but lawmakers amended the constitution to repeal it in 1986 after a religious cult called the Rajneeshees attempted large-scale voter fraud in concert with biological warfare that left hundreds of residents poisoned in their unsuccessful plot to take over rural Wasco County's commission in 1984. However, 21 states and D.C. use same-day registration today without problems.

Vermont: Both chambers of Vermont's Democratic-run legislature have passed a bill that lets municipalities decide whether to mail every active registered voter a ballot for the upcoming March 2 "Town Meeting Day" or let them postpone the elections to the spring if needed due to the pandemic. Town meetings are a form of direct democracy unique to New England, during which localities can hold public votes on budgetary and other matters.

Virginia: Virginia Democrats have introduced several major voting reforms, which would expand on the sweeping changes they passed in 2020. This year's measures include:

Democrats have full control of state government, but constitutional amendments must pass both legislative chambers in two consecutive sessions with a state election taking place in between before going to a voter referendum. The felony voter reforms, therefore, could not become law before 2022 at the soonest. While civil rights groups and progressive Democrats support the amendment that would outright abolish felony disenfranchisement, Democratic Gov. Ralph Northam backs the competing amendment that would keep those who are in prison, on parole, or on probation unable to vote.

Voter Suppression

Georgia: Republican state House Speaker David Ralston says he is open to considering removing oversight of Georgia's elections from Secretary of State Brad Raffensperger's office, and Ralston claims he wouldn't need a constitutional amendment to do it.

Raffensperger recently incurred the ire of fellow Republicans after he refused to go along with Trump's illegal efforts to steal the 2020 presidential election in Georgia, prompting Raffensperger to release a recording of an incriminating phone call early this month during which Trump had pressured him to "find" 12,000 fake votes that would allow Trump to claim victory. The New York Times reported on Friday that state prosecutors are increasingly likely to open a formal criminal investigation into Trump over the incident.

Separately, Republican Gov. Brian Kemp has called for adding a voter ID requirement to absentee voting, which Republicans exempted when they initially adopted a voter ID law in the mid-2000s. Up until 2020, absentee voting was disproportionately used by elderly Republican voters, but the GOP's push for new voting restrictions on the practice comes after mail voting heavily favored Democrats, both in November and the Jan. 5 Senate runoffs.

Many Georgia Republicans also want to reinstate the requirement that voters present an excuse in order to request an absentee ballot, along with calling for banning mail ballot drop boxes and restricting who can send ballot applications to voters. Ralston, however, says he opposes eliminating excuse-free absentee voting.

Kansas: The U.S. Supreme Court last month declined to take up Kansas Republicans' appeal of a 10th Circuit Court of Appeals ruling last year that had struck down a law requiring voters to provide documentary proof of citizenship in order to register to vote, effectively dooming the measure. The law was the signature legislative achievement of former Secretary of State Kris Kobach, a Republican who rose to national notoriety as the leader of Trump's bogus "voter fraud" commission.

By the time it was blocked in 2016, the Kansas law had led to one in seven new voter registrations being suspended for lack of documentation, affecting 30,000 would-be registrants in total—a group that was disproportionately young and Latino. The lower court that eventually struck down the law also eviscerated Kobach's credibility and seriously undermined his reputation even among Republicans.

Separately, Kobach's successor as secretary of state, fellow Republican Scott Schwab, reportedly won't implement a bipartisan 2019 voting reform until 2023. That law allows counties to replace traditional local polling places with countywide "vote centers" where any voter in a county may cast their ballot. A provision of the law requires it to first take effect for odd-year local elections before it can be implemented for even-year federal and state elections, so if Schwab's foot-dragging delays it past this year, it couldn't take full effect until 2023.

North Carolina: The 4th Circuit Court of Appeals in December unanimously overturned a lower federal court ruling that had temporarily blocked a voter ID statute passed by North Carolina Republicans from taking effect last election cycle while the case proceeded on the merits. The appellate judges ruled that the lower court had "abused its discretion" by blocking the law.

The lower court had found that there were significant similarities between this law, which Republicans approved in a 2018 lame-duck session, and one they passed in 2013, which another federal court had struck down in 2016 for being part of a package of voting restrictions that they deemed had targeted Black voters "with almost surgical precision."

The 4th Circuit, however, held that the lower court had erred by not presuming that lawmakers had acted in "good faith" when passing the laws, despite the many times that Republican legislators have had their voting laws struck down in court for discrimination. The plaintiffs are in the process of filing a petition to ask the entire 4th Circuit to rehear their case over the preliminary injunction while the case proceeds on the merits.

However, even if they succeed at the 4th Circuit, there's a strong risk of the U.S. Supreme Court eventually reversing them, which is why voting rights advocates may have better odds of blocking the voter ID law in state court instead. Last year, in fact, a state court issued its own preliminary injunction that blocked the law for the November election, and that case is also still ongoing.

Unfortunately for voting advocates, though, the 2020 elections complicated their odds of success at the state level. Democrats suffered three close losses in last November's state Supreme Court elections, leaving them with a slim 4-3 advantage on the bench

The contest for control of the court and the narrowing of Democrats' majority may have implications not only for the voter ID dispute. It could also play a role in the resolution of ongoing litigation over a separate constitutional amendment that authorized the voter ID statute, as well as with cases over North Carolina's felony voter disenfranchisement law, and upcoming lawsuits over redistricting, where the court is the lone bulwark at the state level against renewed GOP gerrymandering.

Texas: The U.S. Supreme Court's right-wing majority has refused to take up state Democrats' appeal in a lawsuit that sought to overturn a Republican-backed restriction that's used in Texas and several other red states to require that only voters under the age of 65 must have an excuse to vote absentee by mail. By refusing to take up the case, the high court left in place a 5th Circuit Court of Appeals ruling that upheld the Texas law in defiance of the 26th Amendment's ban on age discrimination by using logic that if applied to race would effectively result in the revival of Jim Crow voting laws.

Meanwhile, in the Texas state Senate, several GOP senators have introduced a bill that would ban the mailing of unsolicited absentee ballots applications. Populous Democratic-run counties such as Houston's Harris County sought to send applications to all voters in 2020 due to the pandemic, but Republicans convinced the GOP-dominated state Supreme Court to block them.

Existing Senate rules required 19 votes to bring bills to the floor, but after Republicans were reduced to just 18 seats following the November elections, they lowered that threshold for the third time in recent years so that they can overcome Democratic objections and pass new voting restrictions and gerrymanders.

Post Office: One key consequence of Joe Biden's victory and Democrats winning the Senate is that Biden will be able to appoint members of his choosing to the U.S. Postal Service Board of Governors, who in turn could fire Donald Trump's postmaster general, Louis DeJoy, who was instrumental in Trump's attempt to sabotage mail voting last year. With Mitch McConnell unable to block him, Biden can now fill three vacancies on the nine-member board, which currently has four Republicans and two Democrats, thereby giving it a new Democratic majority that could sack DeJoy.

Felony Disenfranchisement

Alabama: Federal District Judge Emily Marks, a Trump appointee, granted Republican defendants' motion for summary judgment in December in a lawsuit where the plaintiffs had sought to strike down a state law that serves as a de facto poll tax by requiring people with felony convictions who have served their sentences to also pay off any court fines and fees before regaining the right to vote. The plaintiffs say they are considering whether to appeal.

Minnesota: The ACLU is now asking a state appellate court to overturn a lower court's dismissal last August of their lawsuit that sought to strike down Minnesota's ban on voting for people serving out parole or probation for a felony conviction. If the effort succeeds, only people who are currently incarcerated would remain unable to vote.

Tennessee: Voting rights advocates have filed a federal lawsuit seeking to simplify Tennessee's cumbersome process for people with felony convictions who have completed their sentences to regain their voting rights. Plaintiffs in particular object to the GOP's de facto poll tax requirement that requires affected individuals to first pay off all court fines and fees, which they argue violates state law.

Redistricting and Reapportionment

Illinois: Democratic legislators have passed a bill in both chambers that will end the practice of "prison gerrymandering" for state legislative redistricting, sending it to Democratic Gov. J.B. Pritzker. The bill would count incarcerated people for redistricting purposes at their last known address instead of where they are imprisoned.

Iowa: The liberal blog Bleeding Heartland reports that top-ranking GOP state legislators won't rule out using their power to implement gerrymanders by amending the maps submitted to lawmakers by Iowa's nonpartisan redistricting agency. Republicans are in a position to do so because they hold unified control of state government in a redistricting year for the first time since the 1980s, when the nonpartisan agency first came into place.

Maryland: Republican Gov. Larry Hogan has issued an executive order to create an advisory commission that will propose new congressional and legislative maps for the upcoming round of redistricting. The nine commissioners will include three Democrats, three Republicans, and three independents, three of whom will be chosen by Hogan while the other six will be ordinary citizens who can apply here.

Hogan has the power to submit legislative maps to the Democratic-run legislature at the start of the legislative session, but if Democrats pass their own maps within 45 days, Hogan can't veto them. The commission's congressional map, meanwhile, would be strictly advisory in nature. While Hogan could veto new congressional districts, Democrats have the numbers to override him. The commission's proposal could nevertheless influence a court in the event of litigation.

New York: In addition to the voting access measures in our New York item above, Senate Democrats also passed a third constitutional amendment that would make it easier for Democrats to gerrymander new maps next year by lowering the threshold for overriding the state's new bipartisan redistricting commission from a two-thirds supermajority to just three-fifths. Democrats already passed this amendment in 2020, and it would also appear on the November ballot if Assembly Democrats again follow suit. However, it's possible that the lowered threshold won't even matter for the upcoming round of redistricting, since Senate Democrats gained a two-thirds supermajority in November.

The amendment also includes some nonpartisan redistricting reforms, including enshrining in the constitution an existing statutory ban on "prison gerrymandering"; freezing the number of state senators at 63; sharply limiting how cities can be split among Senate districts to prevent a repeated of the anti-urban gerrymandering that occurred when the GOP drew the lines after 2010; and authorizing state to conduct its own census if the federal count is tainted.

Pennsylvania: State House Republicans have passed a constitutional amendment out of committee by a single vote that would effectively gerrymander the state Supreme Court and Pennsylvania's two intermediate appellate courts by ending statewide judicial elections and replacing them with elections based on districts that GOP legislators would draw.

This move comes as retaliation for the state Supreme Court's Democratic majority striking down the GOP's congressional gerrymander in 2018 and protecting voting rights in 2020. Republicans could place it on the May primary ballot if it passes in both chambers for the second required time after the GOP approved the amendment in 2020.

2020 Census: The Trump administration has confirmed in federal court amid ongoing litigation that it will not release key data needed for Donald Trump to implement his attempt to unconstitutionally remove undocumented immigrants from the 2020 census population counts that will be used to reapportion congressional seats and Electoral College votes among the states. The Census Bureau said that it had in fact stopped work on producing those counts altogether.

Instead, the bureau won't compile that data until at least after Biden is sworn in, meaning the incoming president will have a chance to reverse Trump's memo ordering its production and release. The U.S. Supreme Court in December had overturned one of the three lower federal court rulings that had blocked Trump's executive memo, holding that it wasn't yet ripe for adjudication, but the delays will likely moot that litigation.

In addition to the postponed release of reapportionment data, the more granular data needed to conduct actual redistricting itself will likely be delayed past the existing March 31 deadline set by federal law. That could in turn cause several states to delay or even entirely postpone redistricting for elections taking place this year. Some states, however, have deadlines for redistricting written into their constitutions, meaning that late-arriving data could cause unpredictable legal havoc.

Electoral College

Electoral College: Republicans in three key states have proposed altering how their states allocate Electoral College votes in different ways that would have each given Donald Trump more electoral votes in 2020. It's unclear whether these plans have widespread GOP support, and two of them face long odds of passage, but they're by no means the first time that Republicans have floated efforts to manipulate the Electoral College for short-term partisan advantage, and they raise the specter that the GOP will one day go through with it.

In Michigan, GOP Congressman Bill Huizenga called for switching his state from winner-take-all to allocating electoral votes by congressional district, which of course happens to be gerrymandered by the GOP in a way that would have resulted in an 8-8 split in 2020 despite Joe Biden winning the state (Michigan Democrats in fact did this very same scheme way back in the 1892 election cycle). Democratic Gov. Gretchen Whitmer could veto such a proposal if the GOP actually tries to pass it, but she faces a potentially competitive re-election contest in 2022 that could leave the GOP with full control of the state heading into the 2024 presidential election.

In Wisconsin, meanwhile, Republican state Rep. Gary Tauchen went further and actually introduced a bill that would similarly assign electoral votes by congressional districts that were gerrymandered by Republicans, a bill that would have given Trump a 6-4 majority in November even though Biden carried the state. As in Michigan, Democratic Gov. Tony Evers could veto the bill if the GOP were to make a serious push to pass it, but he could also be defeated next year, leaving Republicans with unfettered power.

Lastly, Republican state Sen. Julie Slama introduced a bill that would move Nebraska in the opposite direction by abolishing the allocation of electoral votes by congressional district after Joe Biden won the Omaha-based 2nd Congressional District and its lone electoral vote. Unlike in the other two states, Republicans already have full control over state government, but they narrowly lack a filibuster-proof two-thirds supermajority. However, the GOP could eliminate the filibuster rule with a simple majority.

These schemes may or may not work as intended and could even backfire on Republicans in the long term, especially if Wisconsin and Michigan one day turn reliably red. However, these proposals are all motivated solely by partisan self-interest rather than any good-faith concerns about the fairness of the Electoral College.

This is in fact the third straight election to which Republicans have reacted by putting forth plans to tilt the Electoral College in their favor, even though they benefited more from its skew in both 2016 and 2020 than in any elections in a century, according to one analysis.

Two-thirds of Republicans in the U.S. House and several in the Senate unsuccessfully voted last week to overturn Biden's Electoral College victory and steal the 2020 election for Trump mere hours after far-right insurrectionists incited by Trump ransacked the Capitol building itself. That followed an unsuccessful effort by Trump and his allies to agitate for disenfranchising countless voters by asking state legislatures to reject Biden's win and use their gerrymandered majorities to directly install a slate of Trump electors instead.

If the GOP entirely gives up on trying to win the popular vote and instead focuses exclusively on translating its minority support into an Electoral College majority, it's likely only a matter of time before Republicans successfully overturn a Democratic presidential victory, whether through a vote in Congress or state-level schemes to manipulate electoral vote allocation even when Democrats win the popular vote. Doing so risks sparking a far worse crisis than the one America has been living through this past month.

Electoral Reform

Alaska: The Alaska Independence Party, a right-wing fringe party that advocates for the state to secede from the union, filed a lawsuit in state court last month seeking to overturn a statute enacted by voters at the ballot box in 2020 that replaces traditional party primaries with a "top-four" primary and instant-runoff general election. Republicans are considering whether to join the legal challenge.

New York City, NY: A state court rejected issuing a temporary restraining order last month that would have blocked the use of instant-runoff voting ahead of an upcoming City Council special election after opponents of the new law, approved in 2019, filed a lawsuit in early December. The plaintiffs have announced that they will appeal, arguing that the law will lead to confusion that disenfranchises voters in communities of color unless changes are made, a charge that other candidates of color dispute.

Elections

Pennsylvania: Democratic state Sen. Jim Brewster was finally seated by the Pennsylvania Senate's Republican majority after federal District Judge Nicholas Ranjan, a Trump appointee, upheld Brewster's narrow victory last year. Republicans sparked outrage after they had refused to let Brewster take the oath of office for another term even though election officials had certified his victory and the state Supreme Court had upheld it. GOP lawmakers even ejected Democratic Lt. Gov. John Fetterman from presiding over the chamber after he had objected to their power grab.

Republicans rejected the legitimacy of several hundred mail ballots that lacked a handwritten date on the outer envelope, even though the Supreme Court said they were otherwise valid and should be counted. Mail ballots favored Democrats by a lopsided margin thanks to Trump's demagoguery against mail voting, even though it was Republican lawmakers who pushed for a state law that, among other things, removed the excuse requirement to vote by mail in 2019.

This ordeal is an example of state-level Republicans following the lead of Trump and their congressional counterparts in trying to reject the outcome of elections after they've lost. Particularly worrisome for the rule of law is that the GOP refused to abide by the decisions of Democratic state Supreme Court justices and election officials and only capitulated after a Trump-appointed judge rejected their ploy.

Voting Rights Roundup: Trump order to remove noncitizens from key census data sparks lawsuits

Leading Off

2020 Census: Donald Trump signed a new executive order on Tuesday directing the census to exclude undocumented immigrants from the data that determines how many House seats and Electoral College votes each state will get following the 2020 census.

Within days, civil rights advocates and Democratic officials filed separate federal lawsuits arguing both that Trump's order violates the Constitution because the 14th Amendment mandates counting the "whole number of persons" for reapportionment and that it intentionally discriminates against Latinos.

This order comes after Trump's failed attempt to add a citizenship question to the census last year, a move that documents showed was motivated because GOP operatives believed it would be "advantageous to Republicans and non-Hispanic whites" in redistricting.

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​While that effort imploded, Republicans still aim to let states such as Texas draw districts based strictly on the adult citizen population instead of the more diverse traditional total population, which would shift representation away from Democrats and Latinos in states with large immigrant populations. To that end, Trump issued a separate executive order last year directing the Census Bureau to match existing administrative records with 2020 census responses in order to determine citizenship status, a step that prompted litigation of its own.

But while the Supreme Court could ultimately allow the use of citizenship data for redistricting, it's unlikely to do so for reapportionment: A unanimous 2016 ruling saw even arch-conservative Justice Samuel Alito acknowledge that the 14th Amendment required using the total population for reapportionment purposes. But even if the justices did overturn hundreds of years of precedent, excluding undocumented immigrants from reapportionment would likely have a far smaller partisan impact nationally than citizen-based redistricting would within states such as Texas.

However, Trump's continued push for this change shows that the GOP will not give up in its fight to exclude noncitizens from redistricting and representation, and further litigation is certain. Additionally, Trump asked Congress for $1 billion in the next pandemic spending bill to ensure a "timely census," which suggests Trump is backing away from a potential delay in the deadlines by which the administration must deliver apportionment and redistricting data to the states.

The Census Bureau has previously said it didn't expect to be able to meet its year-end deadline to give the White House its reapportionment data, or the March 31, 2021 deadline for sending redistricting data to the states. Any such delays mean that Joe Biden could block the release of citizenship data if he defeats Trump and takes office on Jan. 20. However, if the first batch of census data is released on time, that would mean Trump would still be in office, meaning opponents would have to rely on court challenges to block him.

Voter Registration and Voting Access

Deaths: Following the death of Democratic Rep. John Lewis, who was one of the nation's most prominent supporters of voting rights both during the civil rights movement of the 1960s and his long career in Congress, Senate Democrats introduced a bill named in Lewis' honor to restore the protections of the Voting Rights Act that the Supreme Court gutted in 2013, a bill that House Democrats already passed last year.

Should the bill become law, it would be a fitting way to enshrine Lewis' legacy in public life. The Atlantic’s Adam Serwer aptly called Lewis “an American Founder” for his role in creating the modern American republic, which was no less than radically transformed by the passage of the Civil Rights Act and Voting Rights Act. These two landmark pieces of legislation ended the authoritarian one-party oligarchy that existed in the South under Jim Crow and finally established America as a liberal democracy nationwide—almost 200 years after the country's founding.

Lewis was one the leading figures in the civil rights movement for Black Americans from an early age. When he was just 23, he was the youngest speaker at the 1963 March on Washington, where Martin Luther King gave his legendary "I Have a Dream" speech. Two years later, he marched for voting rights in Selma, Alabama in 1965. There, law enforcement reacted to the peaceful protest by brutally attacking the marchers and beat Lewis nearly to death, fracturing his skull. But even real and repeatedly threatened violence did not deter his activism.

The events in Selma became known as Bloody Sunday, and TV news audiences around the country were so shocked by images of police brutality against the marchers that it galvanized the ultimately successful effort to pass the Voting Rights Act, which became law on Aug. 6, 1965. Civil rights leaders like Lewis and King deemed the Voting Rights Act the most important achievement of their movement because it protected the right that helped secure all the others that they were fighting for.

Lewis' career of activism for the cause of civil rights did not end with the 1960s, nor did his role as a protest figure end with his election to Congress in the 1980s: Even in his final decade, he led a sit-in on the House floor to protest the GOP's refusal to pass gun safety measures after a horrific mass shooting in Orlando left 49 dead and 53 wounded in 2016. Lewis would steadfastly make the case that the struggle for civil rights was an unending one, and his leadership inspired countless people who came after him. You can read more about Lewis' lifetime of activism in The New York Times and The Atlanta Constitution.

New York: Both chambers of New York's Democratic-run legislature have passed a bill to enact automatic voter registration, sending the measure to Democratic Gov. Andrew Cuomo for his likely signature. Senate Democrats had approved similar measures both this year and last, but Assembly Democrats refused to sign off until changes were made.

Part of the compromise between the chambers means the law wouldn't go into effect until 2023. However, automatic registration would involve a number of state agencies beyond just the DMV, which is critical since New York has one of the lowest proportions of residents who drive of any state.

Separately, Senate Democrats also passed a constitutional amendment that would let 17-year-olds vote in primaries if they will turn 18 by the general election, a policy that many other states have already adopted. The amendment would have to pass both chambers before and after the 2020 elections before needing the approval of voters in a referendum.

Felony Disenfranchisement

District of Columbia: Mayor Muriel Bowser has signed a bill into law that immediately restores voting rights for several thousand citizens and will require officials to provide incarcerated citizens with registration forms and absentee ballots starting next year. However, because the bill was passed as emergency legislation, it must be reauthorized after 90 days, though Council members plan to make it permanent soon.

With this law's passage, D.C. becomes only the third jurisdiction in the country after Maine and Vermont to maintain the right to vote for incarcerated citizens. It is also the first place to do so with a large community of color: The District is 46% African American, and more than 90% of D.C. residents currently disenfranchised are Black.

Voter Suppression

Alabama: The 11th Circuit Court of Appeals has ruled 2-1 to uphold a lower court ruling dismissing the NAACP's challenge to Alabama Republicans' voter ID law. The two judges in the majority, who were both appointed by Republicans, ruled that "no reasonable factfinder could find that Alabama’s voter ID law is unconstitutionally discriminatory," even though Judge Darrin Gayles, an Obama appointee, noted in dissent that one white GOP lawmaker who supported passing the law said that the lack of an ID requirement was "very beneficial to the Black power structure and the rest of the Democrats."

Republicans passed this law in 2011 to require a photo voter ID in nearly all circumstances, with the only exception being if two election officials sign an affidavit that they know the voter. However, the law didn't go into effect until 2014, after the Supreme Court's conservative majority gutted a key protection of the Voting Rights Act that had required states such as Alabama with a history of discriminatory voting laws to "pre-clear" all changes to voting laws and procedures with the Justice Department before implementing them.

The plaintiffs sued in 2015 by arguing that the law violated the Voting Rights Act and Constitution and presented evidence that Black voters were less likely to possess acceptable forms of ID than white voters. That year, Republicans sparked a backlash by trying to close 31 of the state's 75 driver's licensing offices, which subsequent reporting revealed was an effort by GOP Gov. Robert Bentley, who later resigned in disgrace, to pressure his legislative opponents, but Republicans ultimately reversed course amid litigation.

Election expert Rick Hasen called this latest decision "very troubling" because it ruled unequivocally for GOP officials without letting the case proceed to trial, despite the plaintiffs' evidence of both the intent and effect of racial discrimination against Black voters. The plaintiffs could seek to request that all judges on the 11th Circuit reconsider the ruling, or they could appeal directly to the Supreme Court. However, with Republican appointees holding majorities on both courts, their chance of success appears small.

Michigan: A panel of three judges on the Michigan Court of Appeals has ruled 2-1 along ideological lines to uphold Republican-backed voting restrictions that Democrats were challenging. The ruling maintains a limitation on what counts as proof of residency for voter registration. It also rejects Democrats' demand that the state start automatically pre-registering all citizens under age 18 who conduct business with the state's driver's licensing agency so that they will be automatically added to the rolls when they turn 18. Currently, only citizens aged 17-and-a-half or older are automatically registered.

Democrats have not yet indicated whether they will appeal to Michigan's Supreme Court. The high court has a 4-3 Republican majority, though one of the GOP justices has been a swing vote when similar issues have come before the court.

Tennessee: Voting rights advocates have filed a lawsuit in state court to require Tennessee officials to comply with a 1981 law that restores voting rights to people convicted of a felony in another state if they have had their rights restored in that state. The plaintiffs argue that the state's Republican-run government has failed to educate affected voters of the ability to regain their rights. They also charge that the state is requiring the payment of any legal fines or fees, even though such repayment isn't required under the law.

Texas: A federal district court has rejected a Republican motion to dismiss a Democratic-backed lawsuit seeking to require that Texas allow voters to register online via a third-party website. The case concerns the website Vote.org, which allows applicants to fill out a registration form and then (on its end) automatically prints it and mails it to local election officials. However, the GOP-run secretary of state's office rejected thousands of such applications shortly before the registration deadline in 2018 on the grounds that the signatures were transmitted electronically rather than signed with pen on paper.

Democrats argue that these rejections violate both state and federal law. They note that the secretary of state already allows electronic signatures if they're part of applications when voters register in-person through the state's driver's licensing agency. Texas Republicans have long resisted online registration, making it one of just a handful of states that doesn't offer it to most voters. As a result, the Lone Star State is home to a majority of the Americans who live in states without full online registration.

Electoral Reform

Massachusetts: Massachusetts officials have approved an initiative for the November ballot that would enact a statute implementing instant-runoff voting in elections for Congress and state office. It would also apply to a limited number of local contests such as countywide posts for district attorney and sheriff, but not those at the municipal level, which is the primary unit of local government in New England. If adopted, the new system would come into effect in time for the 2022 elections and would make Massachusetts the second state after Maine to adopt this reform.

Redistricting

New York: Democratic legislators in New York swiftly passed a constitutional amendment with little debate that would increase the likelihood that they could exercise full control over redistricting after 2020 and gerrymander the state's congressional and legislative maps. However, the amendment's provisions are more complicated than an attempt to just seek partisan advantage, and it still has a ways to go before becoming law.

New York has a bipartisan redistricting commission that proposes maps to legislators for their approval. Legislative leaders from both parties choose the members, and the 2014 amendment that enshrined it in the state constitution requires two-thirds supermajorities for legislators to disregard the commission's proposals and enact their own if one party controls both legislative chambers, as Democrats currently do. The biggest partisan impact this new amendment would have involves lowering that threshold to three-fifths.

Democrats hold a two-thirds supermajority in the Assembly but currently lack that in the state Senate. However, they exceed three-fifths in the upper chamber, meaning they would gain control over redistricting if the amendment were law today. However, there's a good chance the lowered threshold would be irrelevant for the next round of redistricting.

That's because Democrats have a strong opportunity to gain a Senate supermajority in November, thanks to a large number of Republican retirements in swing districts and an overall political climate that favors Democrats. Still, lowering the supermajority requirement to three-fifths could still prove decisive in the future, especially if Democrats fall short of their hopes this fall, so it's therefore fair to describe the move as an attempt by Democrats to gain greater control over redistricting.

Nevertheless, several other provisions in this amendment promote nonpartisan goals that would strengthen redistricting protections regardless of who draws the lines, complicating the case for whether or not New York would be better off in the short term if the amendment were to become law. Most importantly, the amendment would let New York conduct its own census for redistricting purposes if the federal census does not count undocumented immigrants, as Trump has ordered.

It also enshrines an existing statute that bans prison gerrymandering by counting incarcerated people for redistricting purposes at their last address instead of in prisons that are largely located in whiter rural upstate communities, restoring representation to urban communities of color. In addition, it freezes the number of senators at the current 63; in the past, lawmakers have expanded the size of the body in an attempt to gain a partisan advantage. Finally, it sharply limits the splitting of cities between Senate districts, something the GOP used extensively in their successful bid to win power (supported by several renegade Democrats) after the last round of redistricting.

Democrats would need to pass this same amendment again in 2021 before putting it on the ballot as a referendum that year, meaning it could pass without GOP support, but it would still require voter approval. If enacted, it would immediately take effect.

North Carolina: Earlier this month, Democratic Gov. Roy Cooper signed a bill passed almost unanimously by North Carolina's Republican legislature to undo one of the GOP's many gerrymandering schemes, specifically one involving gerrymandering along racial lines in district court elections in Mecklenburg County. The GOP's about-face came as Republicans were facing a near-certain loss in state court for infringing on Black voters' rights in violation of the Voting Rights Act.

Mecklenburg County is a Democratic stronghold that's home to Charlotte and more than one million residents. In 2018, Republican lawmakers changed Mecklenburg's procedures for judicial elections from a countywide system to one in which the county is split into separate judicial districts, even though all of the elected judges still retain countywide jurisdiction. The GOP's 2018 law gerrymandered the districts in an attempt to elect more white Republicans in place of multiple Black Democratic incumbents—precisely what came to pass that November.

Republicans had already agreed to revert back to countywide elections for 2020 while their case proceeded, but the lawsuit is moot now that Republicans have repealed the law in question. This GOP defeat means Republican legislators this past decade have lost lawsuits over their gerrymandering once or even multiple times at virtually every level of government in North Carolina, including for Congress, state legislature, county commission, city council, local school board, and, as here, judicial districts.

Ballot Access

West Virginia: A federal district court has denied the GOP's motion for summary judgment in a lawsuit in which Democrats are challenging a law that gives the party that won the last presidential election in the state—which has voted Republican in every race since 2000—the top spot on the ballot in every partisan contest. Barring a settlement, the case will now proceed to trial, which was previously set for July 27.

The plaintiffs argue that this system violates the First and 14th Amendments because candidates listed first can enjoy a boost in support that can prove decisive in close elections, particularly in downballot races where voters have much less information about the candidates than they do for the top of the ticket.

Court Cases

Maine: Maine Republicans have filed yet another lawsuit in federal court arguing that instant-runoff voting violates the U.S. Constitution and should be blocked in November, when it will be used in all federal races. Democratic Secretary of State Matt Dunlap recently determined that Republicans were roughly 2,000 voter signatures shy of the 63,000 signatures needed to put a veto referendum on the ballot in November that would suspend the use of IRV for the Electoral College until voters weigh in, but the GOP will separately challenge his decision in state court.

The federal suit is just the latest in the GOP's long running campaign against IRV after voters approved it in a 2016 ballot initiative for state and congressional races (a state court later blocked it for state-level general elections). However, they may not have much more success than former Republican Rep. Bruce Poliquin did when he argued that IRV was unconstitutional after he lost the 2018 election to Democratic Rep. Jared Golden once all instant-runoff calculations were completed. In that case, a federal court thoroughly rejected Poliquin's arguments that IRV violated voters' First and 14th Amendment rights.

ELECTION CHANGES

Please bookmark our litigation tracker for a complete summary of the latest developments in every lawsuit regarding changes to elections and voting procedures as a result of the coronavirus.

Arkansas: A panel of three GOP-appointed judges on the 8th Circuit Court of Appeals has unanimously overturned a district court ruling that made it easier for redistricting reformers to gather signatures for a ballot initiative to create an independent redistricting commission. The lower court's ruling, which the 8th Circuit had already temporarily blocked while the appeal proceeded, had suspended a requirement that voter petition signatures be witnessed in-person, enabling supporters to sign the forms at home and mail them in.

Republican Secretary of State John Thurston had recently thrown out all signatures gathered for the redistricting reform initiative and a separate initiative to adopt a variant of instant-runoff voting, and initiative supporters are separately challenging that decision in state court. Organizers have not announced whether they will appeal this latest federal court ruling.

New Hampshire: Republican Gov. Chris Sununu has signed a law passed by New Hampshire's Democratic-run legislature that will allow voters to use a single application to receive absentee ballots for both the Sept. 8 state primary and Nov. 3 general election.

North Carolina: North Carolina's Board of Elections has issued a rule that every county this fall must have at least one early voting location for every 20,000 registered voters and that smaller counties only operating one location must provide for a backup location and extra staff as a precaution.

Oregon: A panel of three judges on the 9th Circuit Circuit Court of appeals has ruled 2-1 against Democratic officials' request to block a lower court ruling that resulted in officials having to lower the number of signatures and extend the deadline to collect them for a ballot initiative to establish an independent redistricting commission. It's possible that the Supreme Court could block the district court's ruling if Oregon Democrats appeal, but they have yet to indicate whether they will do so.

Pennsylvania: The Pennsylvania Democratic Party has filed a lawsuit in state court seeking to effectively short-circuit a federal lawsuit that the Trump campaign and several GOP Congress members recently filed to restrict voting access, which the federal district court recently agreed to expedite.

Democrats are asking the appellate-level Pennsylvania Commonwealth Court to guarantee that counties can set up drop boxes for returning mail ballots; count ballots that are postmarked by Election Day and received within a few days afterward; give voters a chance to fix problems with mail ballot signatures; count mail ballots lacking an inner secrecy envelope; and prohibit voters from serving as poll watchers in a county where they aren't a resident. The GOP's federal lawsuit is trying to block drop boxes and allow out-of-county poll watchers, which is likely intended to facilitate voter intimidation.

Rhode Island: Voting rights groups have filed a lawsuit in federal court challenging Rhode Island's requirement that mail voters have their ballots signed by two witnesses or a notary, something that very few other states require. The plaintiffs argue that this requirement violates the Constitution during the pandemic, and they're asking the court to waive it for the Sept. 1 primary and November general election.

Tennessee: A federal district court judge has sided against civil right groups seeking to ease access to absentee voting ahead of the state's Aug. 6 primary, ruling that the plaintiffs waited too long to bring their challenge, but the court allowed the case to proceed for November. The plaintiffs wanted the court to require that voters be notified and given a chance to correct any problems with their mail ballots and also allow third-party groups to collect and submit absentee ballots on behalf of voters.

Texas: The 5th Circuit Court of Appeals has agreed with state Democrats' request to expedite consideration of the GOP's appeal of a lower court ruling that had ordered that all voters be allowed to vote absentee without needing an excuse instead of only voters aged 65 and up. The expedited timeline means there's a chance of a resolution in time for November.

Morning Digest: Coronavirus leaves Virginia GOP unsure how to hold House nominating conventions

The Daily Kos Elections Morning Digest is compiled by David Nir, Jeff Singer, Stephen Wolf, Carolyn Fiddler, and Matt Booker, with additional contributions from David Jarman, Steve Singiser, Daniel Donner, James Lambert, David Beard, and Arjun Jaikumar.

Public Service Announcement: If you haven't yet filled out the 2020 census, please do so by clicking here to do it online, by mail, or by phone. This way, census workers won't have to come to your door. The Census Bureau advises completing the census now even if you haven't received your 12-digit census ID by mail.

Leading Off

VA-05, VA-07: Republicans in Virginia’s 5th and 7th Congressional Districts had planned to pick their nominees at April 25 party conventions, rather than in June's primary, but Republicans leaders are still deciding how to proceed in light of the coronavirus.

All of this uncertainty is causing plenty of angst in the 5th District, where freshman Rep. Denver Riggleman faces a challenge from the right from Campbell County Supervisor Bob Good. Riggleman even speculated to Roll Call that, if the process gets out of hand, Team Red won’t even have a nominee in this 53-42 Trump seat. National Republicans will also be keeping a close eye on the 7th District, where plenty of candidates are competing for the right to take on freshman Democratic Rep. Abigail Spanberger.

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For now, the only things that anyone knows are that the April 25 conventions won’t be happening as planned, but that Republican voters in these two seats still won’t be selecting their candidates through a primary. The 5th District GOP recently posted a memo saying that it's not permissible at this point to switch from nominating candidates at a convention to the state-run primary, which is on June 9.

Ben Slone, who runs the 7th District GOP, told Roll Call’s Stephanie Akin that his group would discuss what to do on Thursday. All he would say about alternatives to the convention, though, was, “We have a set of contingency plans that will be invoked depending on guidance and government health dictates.”

Melvin Adams, who runs the 5th District GOP committee, also told Akin that they would be talking next week about moving the convention date, and he was more forthcoming with his plans. Adams said that he’d hoped to move the event to June 6, which is the weekend before the statewide primary.

However, Riggleman and his supporters say that Adams has been promoting another option if it’s still not safe to hold a convention by then, and it’s not one they like at all. Riggleman said the 5th District Republican Committee, which has fewer than 40 members, could end up picking the party’s nominee, and Adams didn’t deny that this was a possibility. Indeed, this is how Riggleman got chosen as Team Red’s candidate two years ago after Rep. Tom Garrett ended his campaign after winning renomination. That was a very different set of circumstances, though, and an unnamed Riggleman ally on the committee said that, if this ends up happening this year, “I think it would be unfair. It’s a very undemocratic process.”

There’s another huge potential drawback to using this method. Riggleman said that party rules require a candidate to earn the support of at least two-thirds of the district committee, which raises the possibility that no one could end up with the GOP nod. And even if someone claims a supermajority, the congressman argued, it’s possible that the state Republican Party won’t recognize this person as the rightful nominee. Indeed, an unnamed former state party official told Roll Call that the committee only picked the candidate last cycle because their nominee had dropped out, and that “[c]hanging to a process where Republican voters don’t have a voice would be against the party plan and potentially against state law.”

Riggleman himself sounds quite unhappy with this whole state of affairs, saying that he wanted a primary instead of “a convoluted convention process that is collapsing under the weight of this crisis.” Riggleman already had reasons to be wary about party leaders, rather than voters, choosing the nominee here. The congressman infuriated plenty of social conservatives at home in July when he officiated a same-sex wedding between two of his former campaign volunteers. This quickly resulted in a homophobic backlash against him, and local Republican Parties in three small 5th District counties each passed anti-Riggleman motions. It also didn’t escape notice that the convention was supposed to be held at Good’s church.

Riggleman’s path to a second term could be even more perilous if the 5th District Committee ends up choosing the nominee, especially since its chairman sounds very frustrated with him. “I know the congressman and some of his staff and other people have been putting out false information, or at least implying this committee is trying to rig things,” Adams said. “This committee is not trying to rig things.”

Democrats, by contrast, opted to hold a traditional primary in June, and so Team Blue doesn’t have anything like the mess that’s haunting the 5th District GOP. Democrats have several notable contenders running here, and while it will still be tough to flip a seat that Trump won by double digits, GOP infighting could give the eventual nominee more of an opening.

Election Changes

Alaska: Alaska's Republican-run state Senate has unanimously passed a bill that would allow Republican Lt. Gov. Kevin Meyer to order that the state's Aug. 18 downballot primaries be conducted entirely by mail. (The lieutenant governor is Alaska's chief election official.) However, Republicans blocked an attempt by Democrats to require that the state provide dropboxes where voters can return their ballots, an option that is very popular in states that have adopted universal voting by mail, in part because it obviates the need for a postage stamp and avoids the risk of delayed mail return service.

The bill now goes to the state House, which is controlled by a Democratic-led coalition that includes Republicans and independents. The Alaska Daily News says that Republican Gov. Mike Dunleavy is "expected" to sign the measure "speedily" if both chambers pass it.

Indiana: Indiana's bipartisan Election Commission has unanimously waived the state's requirement that voters who wish to vote absentee in June's presidential and downballot primaries provide an excuse in order to do so.

Nebraska: Election officials in Nebraska say there are no plans to delay the state's May 12 presidential and downballot primaries, but at least half a dozen counties—including the three largest—will send absentee ballot applications to all voters, while a number of other small counties had previously moved to all-mail elections prior to the coronavirus outbreak. In all, more than half the state will either receive absentee applications or mail-in ballots, including all voters in the state's 2nd Congressional District, a competitive district that features a multi-way Democratic primary.

Nevada: Republican Secretary of State Barbara Cegavske and local election officials from all 17 Nevada counties have announced plans to conduct the state's June 9 downballot primaries almost entirely by mail. Every active registered voter will be sent a postage-paid absentee ballot that they can return by mail or at an in-person polling site, of which each county will have at least one. Importantly, these voters will not have to request an a ballot. At least one in-person polling place will also be available in each county.

Ballots must be postmarked or turned in by Election Day, though they will still count as long as they are received up to seven days later. Officials will also contact any voter whose ballot has an issue (such as a missing signature), and voters will have until the seventh day after the election to correct any problems. Cegavske's press release wisely cautions that, under this system, final election results will not be known until well after election night, though this is a point that officials across the country will have to emphasize loudly and repeatedly as mail voting becomes more widespread.

One potential issue with Cegavske's plan, though, is that registered voters who are listed as "inactive" on the voter rolls will not be sent ballots. However, as voting expert Michael McDonald notes, these voters are still eligible to vote, and every election, many do. While they can still request absentee ballots on their own, they now face an obstacle that active voters will not. Approximately 14% of Nevada's 1.8 million registered voters are on inactive status.

Ohio: Lawmakers in Ohio's Republican-run legislature unanimously passed a bill extending the time to vote by mail in the state's presidential and downballot primaries until April 28, and Republican Gov. Mike DeWine has said he will sign it "soon." There would be limited in-person voting only for people with disabilities or special needs, and voters would also be able to drop off absentee ballots in person on that day, but ballots would have to be mailed by April 27 and be received by May 8 in order to count. However, voting rights groups have expressed serious reservations about the plan and say they may sue.

Under the bill, the state would send postcards to voters explaining how to request an absentee ballot application. Voters would then have to print out applications on their own, or request one be mailed to them, and then mail them in—they cannot be submitted online. They would then have to mail in their absentee ballots (though these at least would come with a postage-paid envelope).

Voting rights advocate Mike Brickner notes that there is very little time left to carry out this multi-step process, particularly because each piece of mail would be in transit for several days. In addition, printing all of these materials, including the postcards that are designed to kick off this effort, will take considerable time, especially since government offices, the postal service, and print shops "may not be operating optimally," as Brickner observes.

Pennsylvania: Pennsylvania's Republican-run legislature has unanimously passed a bill to move the state's presidential and downballot primaries from April 28 to June 2. Democratic Gov. Tom Wolf has said he will sign the measure.

Wisconsin: The city of Green Bay has filed a lawsuit asking that a federal judge order Wisconsin officials to delay the state's April 7 elections until June 2 and to extend its voter registration deadline to May 1. (The deadline for registering by mail has already passed, but voters can still register online through March 30 thanks to an earlier order by a different judge.) Green Bay has also asked that it be allowed to cancel in-person voting and mail ballots to all registered voters.

Senate

MI-Sen: The GOP firm Marketing Resource Group is out with a new survey giving Democratic Sen. Gary Peters a 42-35 lead over Republican John James, which is an improvement from the incumbent's 43-40 edge in October. The only other poll we've seen this month was an early March survey from the GOP firms 0ptimus and Firehouse Strategies that gave James a 41-40 advantage.

ME-Sen: The Democratic group Majority Forward has announced that it's launched a new six-figure ad campaign supporting state House Speaker Sara Gideon. The spot praises Gideon's work securing millions for coronavirus testing, as well as workers and small businesses.

SC-Sen: Democrat Jaime Harrison is out with a poll from Brilliant Corners that shows GOP Sen. Lindsey Graham leading him by a small 47-43 margin. The only other survey we've seen in the last few weeks was a late February Marist poll that showed Graham up 54-37.

Gubernatorial

WV-Gov: The GOP firm Medium Buying reports that GOP Gov. Jim Justice launched his first ad of 2020 last week, and we now have a copy of his commercial. The ad begins with a clip of Donald Trump at a rally saying, "My good friend, and your governor, Jim Justice," before the narrator jumps in and praises the incumbent as a conservative Trump ally.

Former state Commerce Secretary Woody Thrasher, by contrast, has been running commercials since June of last year, and he's out with another one ahead of the May GOP primary. Thrasher tells the audience that the coronavirus is creating hardships for West Virginia, and that the state "needs to be proactive in terms of its reaction to this crisis, not reactive the way we have been so many other times." Thrasher then lays out his plan for helping the state economically during the pandemic.

Thrasher doesn't mention, much less directly criticize, Justice's handling of the situation, but he still argues that the state isn't doing enough. "Our president is being very proactive in terms of dealing with those issues," Thrasher says, "We need to follow suit and be proactive as well." He concludes, "It's time for the state of West Virginia to get something done."

House

IN-05: In an unusual move, retiring Rep. Susan Brooks' office publicly told businesswoman Beth Henderson to stop saying that Brooks had recruited her or even given her any special encouragement to run at all. "Susan talked with all Republican candidates who called her and expressed an interest in running in the 5th District to share her insights about representing this district," a Brooks aide said. "Some candidates did not call her." Brooks has not taken sides in the crowded June GOP primary to succeed her.

However, Henderson made it sound like the congresswoman was pulling for her back in February when she declared, "Susan Brooks encouraged me to run." The candidate put out a statement this week insisting that she and Brooks "have had a couple conversations regarding the Fifth district. She has been encouraging throughout my campaign, as I imagine she has been with other candidates as well."

The Indianapolis Star also obtained a voicemail from an unidentified person raising money for the Henderson campaign who said, "Susan actually recruited Beth to run for her, and we are working hard to raise funds to ensure that that happened." Henderson's team acknowledged that this person was affiliated with the campaign but insisted that none of that was included in the script that caller was given.

MI-13: Detroit City Council President Brenda Jones announced Wednesday that she would seek a primary rematch against Democratic Rep. Rashida Tlaib, who is one of the most high-profile members of the House freshman class. Jones, who briefly held this seat for a few weeks in the lame-duck session of the last Congress (more on that later), kicked off her campaign with a video declaring that she was “running for re-election” to this safely blue seat.

While Jones didn’t mention Tlaib in that message, she argued in a new interview with the Detroit News that her opponent has “spent a lot of her energy in places other than the 13th District.” Jones said that, unlike the congresswoman, “I will be totally focused on the 13th District, being the third-poorest district in the United States.”

Jones and Tlaib have a lot of history. Thanks to some very unusual circumstances, they even faced off three separate times in 2018. That August, Michigan held two different Democratic primaries on the same day for this seat: one for a special election for the final months of former Rep. John Conyers' term, and one for the regular two-year term. Jones had the support of Detroit Mayor Mike Duggan and some unions, but she had trouble raising money. Tlaib, by contrast, didn’t have as many prominent local endorsements, but she decisively outraised each of her many opponents.

Tlaib narrowly beat Jones 31-30 in the six-way primary for the full term. However, there were only four candidates on the ballot in the special election primary, and in that race, it was Jones who edged Tlaib 38-36.

The two candidates who were only on the ballot for the regular term, state Sen. Coleman Young II and former state Rep. Shanelle Jackson, took a combined 18% of the vote, so their absence in the special primary likely had an impact. Jones, Young, and Jackson, along with more than half the district's residents, are black, while Tlaib is of Palestinian descent (only 4% of residents identify as Arab American). It's therefore probable that the presence of two additional African American candidates in the regular primary but not in the special primary made the difference between the two close outcomes.

Jones, however, didn't relish the idea of serving just a few weeks in the House and wound up launching a last-minute write-in campaign against Tlaib for the general election. It was a misguided move, though, as she took just 0.32% of the vote. Jones and then-Speaker Paul Ryan ended up working out an apparently unprecedented agreement that allowed Jones to serve a few weeks in the House without resigning as head of the Detroit City Council, letting her take a hiatus from that post until Tlaib was sworn in in January of 2019.

Tlaib immediately earned national attention on her first day in office when she said of Donald Trump, "[W]e're going to impeach the motherfucker," and she’s been in the headlines plenty since then. Most notably, Trump targeted Tlaib and the three other women of color who make up “The Squad” with a racist tweet in July. Thanks to her celebrity, Tlaib has done well in raising money from progressives across the country, ending last year with a hefty $1.2 million on-hand.

Tlaib, who has been a prominent Bernie Sanders surrogate, has her share of intra-party critics and recently inflamed some of them when she booed Hillary Clinton at a Sanders campaign event in January in Iowa. Jones, however, has her own issues, particularly as a longtime supporter of Louis Farrakhan, the anti-Semitic head of the Nation of Islam, even sharing the stage with him at a 2017 event in Detroit.

If Jones has any reservations about Farrakhan—whose lowlight reel includes gems like, “The Jewish media has normalized sexual degeneracy, profanity, and all kinds of sin,” and, “In Washington right next to the Holocaust Museum is the Federal Reserve where they print the money. Is that an accident?"—she hasn't put them on display. Rather, just last month, her chief of staff said that Jones was sponsoring a resolution commending Farrakhan’s newspaper, which ran a piece Farrakhan wrote in 2016 saying that the Sept. 11 attacks were “a false flag operation,” for its “truthful articles.” For his part, Farrakhan himself singled Jones out for praise in a speech in Detroit two years ago.

TN-01: State Rep. Timothy Hill announced on Tuesday that he was joining the August GOP primary for this safely red open seat. Hill has served in the state legislature for four terms, and he's risen to become chair of the Commerce Committee.