Morning Digest: Tennessee GOP’s bill would block Trump’s pick, but they’ll need courts to agree

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

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Leading Off

TN-05: Tennessee lawmakers have sent a bill to Gov. Bill Lee that would impose a requirement that House candidates reside in their districts for three years before becoming eligible to run, a move that seems to be aimed at blocking one contender in particular: former State Department spokesperson Morgan Ortagus, who is Trump's endorsed candidate for the August Republican primary in the newly gerrymandered 5th District.

The legislation could have a tough time surviving a court challenge, however, because of a 1995 Supreme Court decision holding that states cannot add further qualifications to candidates for Congress that aren't already in the Constitution: namely, a minimum age and length of U.S. citizenship, and residency in the state—but, crucially, not the district—they're seeking to represent.

However, one of the measure's proponents said he hoped that the court would now revisit its earlier ruling, a five-to-four decision that saw swing Justice Anthony Kennedy join four liberal justices in the majority to strike down term-limits laws. On the other side, a well-financed group called Tennessee Conservative PAC says it would sue to stop the bill, though Ortagus herself hasn't said if she'd go to court.

Ortagus moved to Tennessee last year from D.C., and critics have cast her as an interloper. She didn't help her cause last month when, during an appearance on a conservative radio show, she bombed the host's quiz about the new 5th District and state. Many observers have argued that the legislature crafted this bill as an attack on Ortagus, especially since its sponsor, state Sen. Frank Niceley, has made it clear he's not a fan: Niceley said earlier this month, "I'll vote for Trump as long as he lives. But I don't want him coming out here to tell me who to vote for."

Another GOP contender, music video producer Robby Starbuck, has argued that this legislation is meant to harm him as well. However, the former Californian now says that he'd meet the residency requirements of the newest version of the bill.

The Downballot

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Redistricting

FL Redistricting: As promised, Republican Gov. Ron DeSantis vetoed the new congressional map passed by Florida's GOP-run legislature, which responded by saying it would convene a special session starting April 19 to draw new districts. The Republican leaders of both chambers released a statement saying their goal is to pass a plan that would be "signed by the Governor," suggesting they aren't interested in working with Democrats to craft a veto-proof plan—at least for now.

MD Redistricting: Maryland's Democratic-run state Senate quickly passed a new congressional map on Tuesday after introducing it the prior evening, with action in the state House likely by Wednesday's court-imposed deadline to enact a remedial redistricting plan.

The new map would return the 1st District to dark-red status by resituating it almost entirely on the conservative Eastern Shore and undoing its jump across the Chesapeake Bay that had it take in blue-leaning turf around the state capital of Annapolis. As a result, the revamped 1st would have voted for Donald Trump by a comfortable 56-42 margin, according to Dave's Redistricting App, instead of giving Joe Biden a 49-48 edge as it did under the Democrats' now-invalidated map. The change would mean smooth sailing for the state's lone Republican congressman, Rep. Andy Harris.

The latest revisions also make the 6th District, held by Democratic Rep. David Trone, noticeably redder as well: It would have gone 54-44 for Biden, instead of 60-38, and just 47-46 for Hillary Clinton in 2016. The changes appear to be aimed at pleasing the courts, at least in part, by presenting a map that, to the naked eye, simply looks nicer than the one it's replacing. This superficial view that a map ought to appear pleasing can often lead to misleading analysis—we've dubbed the concept a "prettymander"—but even the Supreme Court has objected to election districts on the grounds of their "bizarre shape."

As for the other six districts, they'd all remain safely blue, even though their configurations would all change considerably. But this new map might not see use this year: Tucked in at the end of the legislation is a provision that would revert the state back to the prior map if the court ruling that struck it down is overturned on appeal. It's still not clear whether there will be an appeal, though a spokesperson for Democratic Attorney General Brian Frosh said that the legislature's choice to move forward with a new map would not affect any decision on whether to appeal.

MO Redistricting: On a wide bipartisan vote, the Missouri House sharply rejected a new congressional map that passed the state Senate last week after far-right renegades caved to GOP leaders, despite the fact that the state's candidate filing deadline came and went on Tuesday.

In so doing, the House also voted to establish a conference committee with the Senate to hash out a compromise, but we might not even get that far: One House Republican said he believed that some senators would filibuster any motion for a conference committee—the same tactic hardliners used to hold up passage of the map in the first place. Lawsuits have already been filed asking the courts to step in and draw new districts in the event of a continued impasse.

OH Redistricting: Ohio's Republican-dominated redistricting commission passed a fourth set of legislative maps late on Monday night on a 4-3 vote by making relatively small adjustments to the maps the state Supreme Court most recently rejected. Just hours before Monday's court-imposed deadline, the commission abandoned efforts to have a bipartisan pair of consultants draw new districts from scratch; by instead approving maps similar to those that were previously struck down, it's courting yet another adverse ruling.

The commission, however, seems to have scored a lucky break on the congressional front, as it appears to have run out the clock on a separate legal challenge to the heavily slanted map it passed in favor of the GOP earlier this month, at least for this year. The state Supreme Court issued a scheduling order on Tuesday that would not see briefing conclude for another two months—well after the state's May 3 primary.

A group of voters backed by national Democrats has continued to argue that the map, which closely resembles a prior iteration that was struck down by the Supreme Court as an illegal partisan gerrymander, should again be invalidated. However, a second group of plaintiffs, led by the Ohio League of Women Voters and represented by the state chapter of ACLU of Ohio, has conceded the matter, saying in a filing that they "do not currently seek relief as regards to the 2022 election."

Senate

GA-Sen: AdImpact tweets that Senate Majority PAC has booked at least $24.4 million in fall TV time to aid Democratic incumbent Raphael Warnock, which is $11 million more than previously reported.

MO-Sen: Former state Sen. Scott Sifton said Monday night, just one day before candidate filing was to close, that he was dropping out of the Democratic primary and endorsing philanthropist Trudy Busch Valentine, a first-time candidate who announced her own bid the following day. Busch Valentine is the daughter of the late August Busch Jr., who was instrumental in the success of the St. Louis-based brewing giant Anheuser-Busch, and she previously donated $4 million of her money to St. Louis University's nursing school (now known as the Trudy Busch Valentine School of Nursing). Busch Valentine will face Marine veteran Lucas Kunce in the August primary.

OH-Sen: Rep. Tim Ryan's campaign says he's launching a $3.3 million opening ad buy for the Democratic primary, and he uses his first spot to repeatedly attack China. "Washington's wasting our time on stupid fights," the congressman says, continuing, "China is out-manufacturing us left and right. Left and right."

WI-Sen: Lt. Gov. Mandela Barnes' new internal from Impact Research (formerly known as Anzalone Liszt Grove or ALG) gives him a 38-17 lead over Milwaukee Bucks executive Alex Lasry in the August Democratic primary, with state Treasurer Sarah Godlewski and Outagamie County Executive Tom Nelson at 9% and 8%, respectively. Back in December, the firm found Barnes with a 40-11 advantage against Lasry.

Governors

CT-Gov: Democratic incumbent Ned Lamont uses his first TV spot to talk about how he managed to balance the budget without raising taxes, saying, "We turned a massive budget deficit into a $3 billion surplus. While investing in schools, healthcare, and public safety." The governor continues, "And now we are cutting your car tax and your gas tax."

GA-Gov: Former Sen. David Perdue is continuing his all-Trump all-the-time advertising strategy for the May GOP primary with a new commercial that uses footage of Trump bashing both incumbent Brian Kemp and Democrat Stacey Abrams at his Saturday rally.

The spot begins with the GOP master bellowing, "Brian Kemp is a turncoat, he's a coward, he's a complete and total disaster." As the crowd repeatedly boos, Trump eggs on his followers by claiming that the governor was "bullied into a consent decree engineered by Stacey Abrams and allowed massive voter fraud to occur throughout the state of Georgia." The only mention of Perdue in the spot comes afterwards as Trump proclaims that he'll "never surrender to Stacey Abrams and the militant radical left, and with your vote we're going to rescue the state of Georgia from the RINOs."

Meanwhile, Perdue's allies at Georgia Action Fund are spending another $955,000 on TV advertising for him, which AdImpact says takes the group's total to $1.64 million.

HI-Gov: Civil Beat reports that Lt. Gov. Josh Green has received endorsements from two of the state's most prominent unions, the Hawaii State Teachers Association and Hawaii Government Employees Association, for the August Democratic primary. Several other labor groups, including the Hawaii Firefighters Association, are also behind Green, who has posted huge leads in the few surveys that have been released.

OH-Gov: Gov. Mike DeWine is spending $131,000 on cable for his first buy for the Republican primary, a spot that extols him for standing up to teachers unions and for police against "radicals."

The commercial comes a week after former Rep. Jim Renacci, who is DeWine's most prominent intra-party foe, deployed $104,000 on his own cable ads, which attack the incumbent for "turning his back" on both Trump and Ohio. Renacci's commercial continues by going after DeWine for "mandating masks on our kids" and argues he's been "governing Ohio just like his liberal friends Joe Biden and Andrew Cuomo would." This is the first time we've seen Cuomo appear in a TV spot outside New York since he resigned last year, and it doesn't even allude to the many scandals that resulted in his downfall.  

WI-Gov: Former Lt. Gov. Rebecca Kleefisch's new spot for the August GOP primary features her bragging about what an "unapologetic" conservative she is.

House

AK-AL: Former state Sen. John Coghill has announced that he'll compete in the June special top-four primary to succeed his fellow Republican, the late Rep. Don Young. Coghill served for 22 years in the legislature and amassed a number of powerful posts, but the Senate Rules Committee chair lost renomination by 14 votes to Robert Myers in 2020 under the old partisan primary system. Myers, who ran to Coghill's right, said of his tiny win, "I know that this election was not about how much people like me. This election was about how much people hated John Coghill."

GA-13: Rep. David Scott has received an endorsement from Stacey Abrams, the once and future Democratic nominee for governor, for his potentially competitive May primary.

MI-13: Public Policy Polling has surveyed the August Democratic primary for this open seat on behalf of the 13th Congressional District Democratic Party Organization, and it finds hedge fund manager John Conyers III leading former Detroit General Counsel Sharon McPhail 19-9, with wealthy state Rep. Shri Thanedar taking third with 7%. The survey, which finds a 43% plurality undecided, was conducted days before Conyers announced his bid.

MO-01: State Sen. Steve Roberts announced Monday evening that he would challenge freshman Rep. Cori Bush, who is one of the most prominent progressives in Congress, in the August Democratic primary for this safely blue seat in St. Louis. Roberts said of the incumbent, "She made a comment that she wanted to defund the Pentagon. The NGA (National Geospatial-Intelligence Agency) is a multi-million dollar project that's in my Senate seat, in the 1st Congressional [District], those folks don't have a voice." His campaign also faulted Bush for casting a vote from the left against the Biden administration's infrastructure package.

Roberts himself was accused of sexual assault by two different women in 2015 and 2017, though he was never charged. Bush's team highlighted the allegations after he announced his bid, saying, "Such men do not belong in public service, much less representing the incredible people of St. Louis in Congress."

PA-17: Navy veteran Chris Deluzio has earned an endorsement from the Allegheny-Fayette Central Labor Council, which the Pittsburgh Tribune-Review describes as the "largest labor coalition in the region," for the May Democratic primary for this competitive open seat.

attorneys general

SD-AG: A committee in South Dakota's GOP-run state House has recommended against impeaching state Attorney General Jason Ravnsborg, a Republican who pleaded guilty to misdemeanor charges last year for striking and killing a man with his car in September of 2020 but avoided jail time. A majority on the committee found that Ravnsborg had not committed a "crime or other wrongful act involving moral turpitude by virtue or authority of his office," but two Democrats disagreed, saying the attorney general had not been "forthcoming to law enforcement officers during the investigation" into the fatal crash.

The development comes despite an overwhelming vote in favor of the impeachment investigation in November, but the committee may not have the last word. The House will reconvene on April 12, when a simple majority could nevertheless vote to impeach.

Other Races

NY-LG: Multiple media outlets report that federal investigators are probing whether Lt. Gov. Brian Benjamin had any knowledge of an alleged scheme to make fraudulent contributions to his unsuccessful bid last year for New York City comptroller. The investigation is centered around Gerald Migdol, a real estate investor whom prosecutors charged last year with faking the origin of dozens of donations so that Benjamin's campaign could more easily qualify for public financing.

The lieutenant governor has not been accused of wrongdoing, and his spokesperson says that Benjamin's campaign for comptroller donated the illicit contributions to the city's Campaign Finance Board as soon as it learned about them. However, the New York Times reports that investigators are looking further into whether Benjamin used his previous post in the state Senate to "direct[] state funding in some way to benefit Mr. Migdol in exchange for the contributions."

Last year, two months after Benjamin lost his bid for comptroller, newly elevated Gov. Kathy Hochul appointed him to fill her previous position as lieutenant governor. Candidates for governor and lieutenant governor of New York compete in separate nomination contests before running as a ticket in the general election, but they can choose to campaign together in the primary and urge voters to select them both. Hochul and Benjamin have been running as an unofficial ticket in June's Democratic primary, but the governor's spokesperson on Monday didn't comment when asked if she'd keep Benjamin on as a running mate.

Morning Digest: Why did Maryland Democrats go soft on redistricting? Here’s who’s to blame

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

Leading Off

MD Redistricting: Want to know why Maryland Democrats pulled their punches when it came to targeting the state's lone Republican congressional seat? Slate's Jim Newell has an excellent new piece detailing which politicians were obstacles to an 8-0 Democratic map, and why.

At the top of the list are Rep. Jim Sarbanes and Kweisi Mfume. Sarbanes, as the lead sponsor of H.R. 1, the bill to ban congressional gerrymandering nationwide, was reportedly reluctant to support a maximalist map that would ensure Republican Rep. Andy Harris would lose re-election. Maryland's new map, however, is still very much a Democratic gerrymander—half-hearted though it may be—so it's not as though Sarbanes can pitch himself as above the partisan fray, especially since he declined to criticize the map after it passed.

Mfume, meanwhile, outright embraced unilateral disarmament. "I mean, if it were the other way around, and Democrats were one-third of the population, and they put forth maps or started moving toward an 8–0 representation, we'd be up jumping up and down in arms," he said, ignoring the fact that Republicans in many more states than Democrats are doing everything they can to maximize their advantage in redistricting. But, says Newell, Mfume also didn't want to take in conservative white voters from Harris' district, concerned that doing so "would distract from his representation of majority-minority communities in Baltimore," and therefore "was adamant against suggested changes, like stretching his district north to the Pennsylvania border."

Campaign Action

A couple of less well-known Democrats figure in this story, too. In our examination of the new map, we noted that the revamped 1st District now leaps across Chesapeake Bay to take in the areas around Annapolis but not the very blue state capital itself. Why not? Newell reports that state Sen. Sarah Elfreth, whose district includes the city, "didn't want a competitive congressional district like the 1st layered atop hers." Elfreth's staff claim the senator "had no role" in drawing the maps.

Finally, Newell points a finger at state Senate President Bill Ferguson, who reportedly "was never comfortable" with an 8-0 map due to his own high-minded sensibilities and feared unspecified "blowback" from Republican Gov. Larry Hogan. But Hogan vetoed the map that Democrats did pass anyway (a veto they instantly overrode), and a group closely connected to the governor has threatened to file suit, so what greater blowback could Ferguson possibly have feared?

Newell's entire article is worth a read, but the last word belongs to one Maryland Democrat who did favor an 8-0 plan. In light of extreme Republican gerrymandering across the country, said Rep. Jamie Raskin, "[W]e have not only a political right, but I would argue an ethical duty, to do whatever we can to fight fire with fire, and try to defend democratic values and democratic process in America."

Redistricting

CT Redistricting: The Connecticut Supreme Court has granted a request from the state's bipartisan redistricting commission for additional time to complete work on a new congressional map, setting a deadline of Dec. 21. Under state law, the panel was required to produce a new map by Nov. 30 but was unable to. The court also ordered commissioners to provide the names of three potential special masters by Wednesday to assist the justices in drawing a new map in the event that the commission misses its new deadline.

Senate

NC-Sen, NC-07: Former Rep. Mark Walker said Thursday that he would continue his uphill bid for the Republican Senate nomination through the rest of the year as he considers whether to switch to the open 7th Congressional District. Walker made this declaration one day after the state Supreme Court temporarily stayed candidate filing for all races and moved the primary from March to May due to a pair of lawsuits challenging the state's new congressional and legislative maps that are currently pending.

PA-Sen: George Bochetto, a longtime Republican attorney in Philadelphia, said Thursday it was "very likely" he runs for the Senate next year. Bochetto has talked about running for mayor of his heavily Democratic city plenty of times and even waged a brief campaign in 1999, but he ended up dropping out before the primary. (The eventual nominee, Sam Katz, ended up losing the general election 51-49 to Democrat John Street, which is likely to remain Team Red's high-water mark for decades to come.)

More recently, Bochetto aided Donald Trump's defense team in his second impeachment trial. In August, he also persuaded a judge to stop Philadelphia's city government from removing a prominent Christopher Columbus statue.

Meanwhile on the Democratic side, Lt. Gov. John Fetterman has publicized a poll from Data for Progress that shows him outpacing TV doctor Mehmet Oz 44-42 in a hypothetical general election. The release did not include any other matchups.

Governors

GA-Gov: In a thoroughly unsurprising development, former Speaker Newt Gingrich is backing his fellow Trump sycophant, ex-Sen. David Perdue, in next year's Republican primary.

MA-Gov: While Salem Mayor Kim Driscoll was mentioned as a potential Democratic candidate for governor following Republican incumbent Charlie Baker's retirement, Politico reports that the post she's interested in campaigning for is lieutenant governor. In Massachusetts, candidates for governor and lieutenant governor are nominated in separate primaries before competing as a ticket in the general election.  

OR-Gov: EMILY's List has endorsed state House Speaker Tina Kotek in next year's Democratic primary.

House

CA-22: Fresno City Council President Luis Chavez's spokesperson tells GV Wire's David Taub that the Democrat is thinking about running to succeed outgoing Republican Rep. Devin Nunes in this still-unfinalized Central Valley constituency.

Taub also relays that the DCCC has met with 2018 nominee Andrew Janz, who lost to Nunes 53-47, but that he has yet to comment on his own plans. Janz last year ran for mayor of Fresno but lost the officially nonpartisan race 52-40 to Republican Jerry Dyer; Janz back in January endorsed 2020 nominee Phil Arballo's second campaign against Nunes, though his calculations appear to have changed now that the incumbent is resigning. Arballo, for his part, has confirmed that he'll be competing in the upcoming special election to succeed Nunes in addition to the race for the regular two-year term.

Finally, Taub reports that Democratic Assemblyman Joaquin Arambula is also thinking about running. Arambula, a physician and the son of a former local assemblyman, himself considered running against Republican Rep. David Valadao back in 2015 in the neighboring 21st District but decided not to do it. Instead, Arambula won his current post in a low-turnout 2016 special election for a seat around Fresno, and he quickly established himself as one of the leaders of the chamber's moderate Democratic faction.  

Arambula's career seemed to be in real danger after he was arrested in late 2018 after one of his daughters accused him of abuse, but a jury found him not guilty months later. (Arambula, who maintained his innocence, argued that conservative prosecutors were targeting him for political reasons.) The incumbent went on to win re-election 62-38 as Joe Biden was taking his 31st Assembly seat by a similar 62-36 spread.

IL-13: The state AFL-CIO has endorsed former Biden administration official Nikki Budzinski in next year's Democratic primary for this newly drawn open seat.

MD-06: Former Del. Aruna Miller closed the door on another run for Congress on Thursday when she announced that she would run for lieutenant governor on author Wes Moore's ticket. Miller had filed FEC paperwork back in January for the 6th District in case Rep. David Trone, who defeated her in the 2018 Democratic primary, left to run for governor. Trone ultimately announced that he'd stay put, and while Miller didn't confirm this meant she wasn't going to campaign here, she made no obvious moves to prepare for a second bid.

NJ-05: John Flora, who serves as mayor of the small township of Fredon (pop. 3,200), has joined the Republican primary to take on Democratic Rep. Josh Gottheimer.

TX-27: Jackson County Sheriff A.J. Louderback announced Friday that he would challenge Rep. Michael Cloud in the March Republican primary for the new and safely red 27th District, a gerrymandered constituency that stretches from Corpus Christi along the Gulf Coast north to the outskirts of the Austin area.

Louderback's tiny county, with a population of just 15,000 people, is home to just 2% of the district's residents, so the challenger starts with almost no geographic base of support. Cloud, by contrast, already represents over 85% of the new seat, and he's done everything he can to ingratiate himself to his party's ascendant far-right wing.

Back in March, Cloud was even one of just 12 House members to vote against awarding Congressional Gold Medals to members of the U.S. Capitol Police for their work combating the Jan. 6 insurrection. He defended himself with a statement saying he couldn't support a resolution because it included text that "refers to the Capitol as the temple of democracy – simply put, it's not a temple and Congress should not refer to it as one." Cloud added, "The federal government is not a god."

Louderback himself also doesn't appear to have laid out an argument for why primary voters should fire Cloud. He instead kicked off his bid by declaring, "This campaign will be based on national security issues, oil and gas issues, Medicare issues and a lot of things that are threats to Texas and the United States." He continued, "I look forward to a really good race where competitive styles in management can be examined by the public."

WA-03: State Rep. Vicki Kraft has confirmed that she'll challenge her fellow Republican, incumbent Jaime Herrera Beutler, in the August top-two primary. Kraft joins a GOP field that includes Army veteran Joe Kent, who is Donald Trump's endorsed candidate, as well as evangelical author Heidi St. John.

Kraft used her kickoff to take Herrera Beutler to task for her "extremely unfortunate" vote to impeach Trump, but she mostly emphasized her own opposition to Democratic Gov. Jay Inslee's pandemic safety measures. Kraft declared, "Whether it's fighting for parents' rights, and against controversial mandates in schools such as comprehensive sex education or COVID-19 masks; or fighting for individuals' rights, and against the COVID-19 vaccine mandates, I will continue fighting for the people and will make sure their voice is heard in Washington, D.C."

Attorneys General

MN-AG: On Thursday, business attorney Jim Schultz became the fourth Republican to announce a bid against Democratic Attorney General Keith Ellison, whose 2018 victory made him the first Muslim elected statewide anywhere in America. Ellison was already facing a rematch against 2018 opponent Doug Wardlow, who lost 49-45 and now serves as general counsel for MyPillow, the company led by election conspiracy theorist Mike Lindell. Also in the running are former state Rep. Dennis Smith and attorney Lynne Torgerson.

Minnesota is far from a safe state for Democrats, but Republicans haven't held the attorney general's post since Douglas Head left office in early 1971. The last time Team Red won any statewide races at all, meanwhile, was 2006, when Republican Gov. Tim Pawlenty narrowly earned a second term, though they've come very close to breaking that streak a few times since then.

TX-AG: EMILY's List is backing Rochelle Garza, who is a former ACLU attorney, in next year's Democratic primary.

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.