Morning Digest: North Carolina Democrats have a long but plausible path to retaking Supreme Court

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

Subscribe to The Downballot, our weekly podcast

Leading Off

NC Supreme Court: Longtime jurist Mike Morgan, one of the last two Democratic justices on North Carolina's Supreme Court, announced on Thursday that he would not seek reelection when his current eight-year term is up next year. His decision leaves open a critical seat that Democrats must defend as part of a long-term plan that represents their only realistic path toward rolling back the GOP's iron grip on state politics.

Morgan's 54-46 victory over Republican incumbent Robert Edmunds in 2016 gave Democrats control of the court for the first time since the late 1990s, putting it in a position to finally impose some curbs on GOP lawmakers. Those same lawmakers, however, reacted to Morgan's win by transforming what had previously been nonpartisan elections into partisan contests, meaning that Supreme Court candidates would be identified by their party labels on the ballot.

But that change failed to achieve the outcome Republicans wanted as Democrat Anita Earls flipped a second GOP seat in 2018. And thanks to the resignation of the Republican chief justice the following year, Democratic Gov. Roy Cooper was able to appoint a replacement, extending Democrats' majority to 6-1. Under Democratic leadership, the court handed down rulings in many areas that clamped down on Republican power-grabs and efforts to undermine democracy, including a critical decision just last year holding that partisan gerrymandering violated the state constitution.

That era did not last long. Republicans narrowly won two Democratic seats in 2020, including one by just 401 votes, then won two more last year by margins of 4-5 points. That string of victories returned the GOP to the majority and left Morgan and Earls as the only Democrats and only Black justices on the court. It also immediately ushered in a series of decisions that saw the Republican justices overturn multiple rulings in favor of voting rights by the previous Democratic majority, including the case outlawing gerrymandering.

As a result, Republican legislators will once again be able to draw maps that favor them in the extreme, allowing them to lock in supermajorities despite North Carolina's perennial swing-state status. And the road back to fair maps is a narrow one. North Carolina doesn't allow its citizens to pass laws or amend their constitution through ballot initiatives, and the governor lacks the power to veto redistricting plans. With federal courts closing their doors to partisan gerrymandering challenges thanks to the far-right majority on the U.S. Supreme Court, the only option is for Democrats to focus all their energies on winning back the state Supreme Court.

The road, however, is a long one. It starts with defending Morgan's seat in 2024, though if Democrats are successful, his decision not to run again would come with a silver lining: Morgan would have faced mandatory retirement at the age of 72 in 2027, less than halfway through a second term. A younger justice, by contrast, would be able to serve the full eight years.

They'll then have to ensure Earls wins reelection in 2026 (she would not hit the mandatory retirement age until 2032). After that, they'd have to win two of the three Republican seats that will be up in 2028 for a 4-3 majority. It's also critical that they elect Democratic Attorney General Josh Stein to succeed Cooper next year, since he'd be able to fill any vacancies that arise, including when Republican Chief Justice Paul Newby turns 72 in 2027. A Stein victory would also prevent Republicans from adding two seats to the court that a GOP governor could fill, a plan Republicans have been contemplating for some time.

Republicans also have more immediate designs on changing the rules to benefit themselves. A Republican bill would raise the retirement age to 76, which would allow Newby to complete his term, which otherwise would conclude at the end of 2028, and even run for reelection that year. That would also prevent Stein, should he prevail, from naming a Democrat to Newby's seat in 2027. This retirement provision is included in the GOP's recently unveiled budget, suggesting it's likely to pass before the legislature adjourns this summer.

Yet while 2028 might seem far away, it's still within reach. North Carolina Democrats had to wait 18 years, from 1998 to 2016, to regain a court majority, while progressives in Wisconsin, another similarly swingy state, at last reclaimed control of their own high court earlier this year after a 15-year drought. The horizon this time is five years off. And given the new 12-week abortion ban Republicans just passed over Cooper's veto, Democrats will be able to highlight GOP extremism on the issue, an approach that proved very effective in Wisconsin. The path is not easy, but it is navigable, and it's the one Democrats must take.

Senate

MI-Sen: Michigan Board of Education President Pamela Pugh has filed FEC paperwork for a bid for the Democratic Senate nod. Pugh would be in for a challenging primary battle against Rep. Elissa Slotkin, a former CIA analyst and Department of Defense official who earned an endorsement this week from VoteVets.

Governors

KY-Gov: Democratic Gov. Andy Beshear is launching his first TV ad campaign on Monday, and the GOP firm Medium Buying says the incumbent is putting at least $454,000 behind it. The commercial does not mention Attorney General Daniel Cameron, who won Tuesday's GOP primary, and instead focuses on a first term where Beshear acknowledges, "We've been through a lot these past four years, and some days have been tougher than others."

The governor, who is seated in a church, continues by touting his record bringing jobs to Kentucky, establishing clean drinking water "to folks who've been overlooked and underserved," and working on disaster recovery. "My granddad and great-granddad were preachers in this church," he says before informing the audience, "It was flattened by the tornadoes. But when Kentuckians get knocked down, we get right back up again and we rebuild stronger and better than before."

LA-Gov: Republican Stephen Waguespack has launched what his team says is an opening "six-figure ad buy" for the October all-party primary less than two weeks after his super PAC allies began a $1.75 million campaign to get the first-time candidate's name out. Waguespack, who is a former head of the state's Chamber of Commerce affiliate, introduces himself as "Wags" before bemoaning the state's economic, education, and public safety struggles.

Prosecutors and Sheriffs

Northampton County, PA District Attorney: While Democratic incumbent Terry Houck almost certainly won the Republican nomination through a write-in campaign Tuesday, local Republican Party head Glenn Geissinger is making it clear that his organization won't do anything to help the district attorney in the general election. Instead, Geissinger tells LehighValleyNews.com that he's even spoken to an unidentified Republican interested in waging their own November write-in effort to compete with the incumbent and former local Judge Stephen Baratta, who beat Houck 54-46 for the Democratic nod. Biden won this Lehigh Valley county 50-49.

Obituaries

Charles Stenholm: Former Texas Rep. Charles Stenholm, a leader of the conservative "boll weevil" Democrats who lost his seat in rural West Texas in 2004 as a result of GOP Majority Leader Tom DeLay's infamous gerrymander, died Wednesday at 84. The congressman, who was later a prominent Blue Dog Democrat, often frustrated his party during his 26-year career, though he always turned down GOP appeals to join their own ranks.  

Stenholm, who managed his family's cotton farm and was known as the "cotton farmer from Stamford" throughout his career, first got the chance to run for office in 1978 when his fellow Democrat, Rep. Omar Burleson, retired from what was then numbered the 17th District. While today the communities contained within the borders of that sprawling constituency, which included Abilene, are some of the most Republican places in America today, Democrats back then were still the dominant faction. Jimmy Carter, according to analyst Kiernan Park-Egan, had defeated President Gerald Ford 57-43 two years before, and Stenholm's decisive win in the primary runoff set him up for an easy victory in the fall.  

The new congressman was reelected without opposition in 1980 even as, per Park-Egan, Ronald Reagan triumphed 55-44 in his seat, and he quickly made himself an ally of the new administration. Stenholm was a prominent boll weevil, a faction that handed Reagan crucial victories on tax and budget bills in the Democratic-run House, and he even launched a doomed leadership challenge from the right against Speaker Tip O'Neil following Reagan's 1984 landslide. But the Texan thrived electorally during this era, and he didn't even face a single Republican foe for reelection until 1992―a campaign he won with 66%.

The incumbent experienced his first single-digit victory in 1994 when he prevailed 54-46 as the GOP was taking control of the House, a campaign that came weeks before Stenholm badly failed to unseat Michigan Rep. David Bonior as party whip, but he was still able to maintain more than enough crossover support to remain in office for another decade. Stenholm, whom Speaker Newt Gingrich unconvincingly dubbed "the most effective left-winger in Congress," experienced a closer scare in 1996 when he held on 52-47 against Republican Rudy Izzard as his constituents backed Bob Dole for president 50-39, but he won their rematch 54-45 the following cycle.

Stenholm was one of five Democrats to vote for three of the four articles of impeachment against Bill Clinton, but his area's increasing drift to the right made his political survival all the more difficult. In 2002 he secured another term 51-47 in a constituency that George W. Bush had won 72-28 two years prior (Donald Trump would have carried that version of the 17th 79-19 in 2020), a win that came the same day that Texas Republicans were taking full control of the legislature for the first time since Reconstruction.

DeLay soon engineered a gerrymandered map that led to a faceoff between Stenholm and Republican Rep. Randy Neugebauer in a new 19th District that had favored Bush 75-25 and included far more of Neugebauer's territory, but the Democrat still fought to stay in office. Stenholm, who was the top Democrat on the House Agriculture Committee, aired ads touting his seniority and "old-fashioned values," and he argued that he could do a better job providing for his district than his opponent. Stenholm, though, struggled to win crossover support from voters who didn't know him, especially with Bush himself touting Neugebauer, and he looked doomed well before Election Day.

Stenholm ran far ahead of John Kerry, but the new 19th was so red that it was far from enough: Bush took the new 19th 78-23, while Neugebauer toppled Stenholm 58-40. The Democrat, who went on to become a lobbyist and college instructor, did express optimism weeks after his defeat that four new Blue Dogs would be joining Congress, saying, "These Blue Puppies are very impressive. They will carry on the fight."

Morning Digest: The GOP shouldn’t have to bail out JD Vance, yet it’s pouring $28 million into Ohio

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

Subscribe to The Downballot, our weekly podcast

Leading Off

OH-Sen: The conservative Senate Leadership Fund announced Thursday that it was reserving―cue the Dr. Evil Voice28 million dollars in TV and radio time for after Labor Day to help Republican J.D. Vance fend off Democrat Paul Ryan in a contest where national Republicans likely expected to spend $0 just a short while ago.

Campaign Action

But Vance, who won the May primary shortly after getting Trump’s endorsement, has spent months dealing with articles detailing his fellow Republicans' complaints about his campaign, or lack of it. “The Republican faithful are telling me they can't find J.D. Vance with a search warrant,” conservative radio host Bill Cunningham told the Daily Beast in July. Fellow talk radio presenter Ron Verb was even less kind, griping, “I think he’s running the worst campaign that you could possibly run,” while one GOP operative said to NBC, “They are burning bridges faster than they can build them.”

Republicans also fretted about Vance’s underwhelming fundraising numbers from the second quarter of 2022, with one unnamed source telling the Daily Beast, “When the fundraising numbers came out, it’s full-on panic now.” It took another month, though, for prominent GOP groups to set their panic level to full-on even as Ryan and his allies released several polls showing him ahead in a state that Trump decisively carried twice.

The NRSC and Vance a few weeks ago launched a coordinated buy for $1 million to help the nominee air his first ad since he won the nomination, while its allies at One Nation devoted $3.8 million towards attacking Ryan. SLF’s investment, however, marks a dramatic escalation here: Indeed, NBC notes that the super PAC so far has devoted more money to only two other Senate contests, Georgia and Pennsylvania. SLF is almost certainly hoping that its $28 million offensive will at least be enough to sink Ryan and take this race off the map.

Even if it does, though, the damage may go far beyond Ohio: As one national GOP operative told NBC, “Every dollar spent on his race is a dollar not spent in a more competitive state.” That’s also an especially big sacrifice for Team Red to make now that SLF’s allies at the NRSC have needed to cut planned TV time in other races in the face of fundraising issues.

Senate

CO-Sen: Democratic Sen. Michael Bennet is going up with his first negative ad against Republican Joe O'Dea, focusing on abortion rights. Bennet's commercial touts his work protecting abortion access while chastising O'Dea for opposing such measures and stating he would have voted to confirm Donald Trump's and George W. Bush's Supreme Court appointees, who were responsible for overturning Roe v. Wade.

NC-Sen, NC Supreme Court: Republican firm Cygnal, polling on behalf of the conservative John Locke Foundation, has surveyed North Carolina's hotly contested statewide races and finds the Senate election tied 42-42 between Democrat Cheri Beasley and Republican Ted Budd. That's an improvement for Beasley compared to Cygnal's previous poll in June, which had Budd ahead 45-40.

Looking further down the ballot at the state Supreme Court, Cygnal finds Republican attorney Trey Allen leading Democratic Justice Sam Ervin IV 45-40, which is a drop from Allen's 49-39 lead in June. In the other contest for an open Democratic-held seat, Republican Richard Dietz holds a similar 45-39 edge over Democrat Lucy Inman, a fellow Court of Appeals judge, which is also a modest gain for Democrats compared to Diet's 49-38 advantage two months ago. Democrats currently hold a 4-3 majority on the high court, but Republicans would flip it if they win either seat up this November.

OK-Sen-B: The Republican pollster Amber Integrated's first, and probably last, look at Tuesday's GOP primary runoff shows Rep. Markwayne Mullin beating former state House Speaker T.W. Shannon 49-31. Mullin also got some extra welcome news this week when he earned the backing of Gov. Kevin Stitt.

Governors

AZ-Gov: An RGA ad attacking Democrat Katie Hobbs on immigration earlier this month featured a purported "advocate for human trafficking victims" who castigated Hobbs for enabling human traffickers to cross the border, but the Arizona Mirror reports that the woman identified as Traci Hansen has no involvement with actual anti-trafficking groups. Instead, Hansen has ties to QAnon activists, who have made false claims about human trafficking a centerpiece of their conspiracy theories, and participated in a march at the state capitol organized by a local QAnon adherent.

MI-Gov: The bipartisan duo of Republican pollster Fabrizio Ward and Democratic firm Impact Research have conducted a poll for the AARP that finds Democratic Gov. Gretchen Whitmer leading 51-46 over newly minted Republican nominee Tudor Dixon, marking their first foray into this year's contest. This result is notably closer than the few others released by other pollsters this year, who had found Whitmer similarly close to 50% but her opponent with significantly less support while the GOP primary was ongoing and Dixon was still getting her name out.

House

FL-01: While wealthy businessman Mark Lombardo has used most of his ads to remind GOP primary voters about the ongoing federal sex trafficking investigation against incumbent Matt Gaetz, his new commercial speculates without evidence that Gaetz is "the informant" who talked to the FBI ahead of its Mar-a-Lago search.

The narrator begins, "When Trump really endorses someone, he goes big. You've seen none of that for lying Matt Gaetz." After asking what Trump knows about the congressman, she continues, "Is Gaetz the informant? Gaetz hired Jeffrey Epstein's attorney. Another Epstein attorney approved the raid on Trump's house." The commercial tries to bring it back to Gaetz by arguing, "Remember, Gaetz pressured Trump to give him a pardon, but Trump said no."

Gaetz, for his part, is airing his own spot that utilizes clips of Trump and Gov. Ron DeSantis praising him to the stars. While this piece is unlikely to generate anywhere near as much attention as Lombardo's commercial, more viewers in this Pensacola-area district may see it on their televisions: NBC reports that the incumbent has so far outspent his self-funding opponent $1 million to $400,000 on TV.

NH-01: A pair of newly released polls by Republican firms find 2020 GOP nominee Matt Mowers, who has the support of House Minority Leader Kevin McCarthy, with a sizable edge over former White House staffer Karoline Leavitt ahead of the Sept. 13 Republican primary.

The first poll, by the Tarrance Group for the McCarthy-aligned Congressional Leadership Fund, has Mowers beating Leavitt 37-13 with 10% for state Rep. Tim Baxter, 8% for former TV reporter Gail Huff Brown, and 6% for former state Executive Councilor Russell Prescott. The second poll by co/efficient on behalf of the conservative-leaning NH Journal has Mowers ahead by a similar 31-16 margin while Baxter earned 9%, Brown took 8%, and Prescott notched just 3%.

These two polls stand in sharp contrast with a recent Saint Anselm College survey that found Mowers ahead of Leavitt just 25-21.

NY-10, NY-12: Donald Trump tried to troll Democrats in the 10th and 12th Districts on Wednesday evening by "endorsing" Dan Goldman, who was the House Democrats' lead counsel during his first impeachment, and Rep. Carolyn Maloney in their respective Aug. 23 primaries. Trump also sarcastically praised Maloney's main foe, fellow incumbent Jerry Nadler, writing, "You can't go wrong with either, but Carolyn Maloney is the better man." Congresswoman Maloney and Goldman both responded by making it clear how much they despised Trump, with Goldman calling it "a pathetic attempt at fooling Democrats who are far smarter than Trump is."

However, several of Goldman's intra-party foes―17th District Rep. Mondaire Jones and Assemblywomen Yuh-Line Niou and Jo Anne Simon―acted as though they believed Trump really was supporting their opponent; attorney Suraj Patel, who is trying to unseat both Maloney and Nadler, also said this shows "Donald Trump is scared of a younger, more dynamic Democratic Party." Two notable 10th District candidates, former Rep. Elizabeth Holtzman and New York City Councilwoman Carlina Rivera, avoided bringing the matter up.

Rivera is also getting some late support in the final days from Nuestro PAC, a group devoted to reaching out to Latino voters. The PAC is spending $500,000 on a TV and digital effort for Rivera, who like most of the field has not been airing TV spots herself in the ultra-expensive New York City media market.

NY-22: NBC reports that the Congressional Leadership Fund is spending another $170,000 to boost businessman Steve Wells in next week's Republican primary on top of the $350,000 it's already deployed on his behalf. Wells faces Navy veteran Brandon Williams, who has brought in considerably less money, for the nomination in a Syracuse-based seat Biden would have carried 53-44.

Mayors

San Jose, CA Mayor: In a surprise, Santa Clara County Supervisor Cindy Chavez earned a general election endorsement this week from City Councilwoman Dev Davis, who finished third in the June nonpartisan primary with 10% of the vote. The move was unexpected because Chavez and Davis hail from opposite political factions: Chavez is a longtime labor leader, albeit one who has influential supporters in the business community, while Davis has aligned with business groups.

Chavez' general election foe is City Councilman Matt Mahan, who has a similar voting record as Davis, and the defeated candidate acknowledged that "if it was only a question of similar views, my choice would have been easier—and it would have gone the other way." Davis, though, noted that Mahan had only been elected in 2020 and argued, "No successful large business hires an inexperienced businessperson to lead them. As voters in one of America's largest cities, we have to acknowledge that political leadership experience matters too."

Mahan earned an endorsement as well from termed-out Mayor Sam Liccardo, but the incumbent has long made it clear that Mahan is his guy. Indeed, Liccardo's PAC spent heavily to help Mahan in June, though Chavez ultimately outpaced the councilman 39-32 in the first round.

Ad Roundup

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.