Voting Rights Roundup: The House’s new voting rights bill now curtails gerrymandering right away

Programming Note: The Voting Rights Roundup will be taking a break the week of March 13 but will return the following week.

Leading Off

Congress: On Wednesday, House Democrats voted 220-210 to once again pass H.R. 1, the “For the People Act,” the most important set of voting and election reforms since the historic Voting Rights Act was adopted in 1965. It also includes a major modification to provisions that would curtail gerrymandering, ensuring that they'll take effect right away. All Democrats except Mississippi Rep. Bennie Thompson voted for the bill, while all Republicans voted against it.

H.R. 1 would implement transformative changes to federal elections 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.

These reforms, which House Democrats previously passed in 2019, face a challenging path in the Senate given Democrats’ narrow majority and uncertainty over whether they can overcome a GOP filibuster, but their adoption is critical for preserving American democracy amid unprecedented attack by Republican extremists both in and outside Congress. Senate Democrats have announced that they plan to hold hearings on the bill on March 24, and Majority Leader Chuck Schumer has committed to holding an eventual floor vote.

Using Congress’ power to regulate Senate and House elections under the Elections Clause and enforce anti-discrimination laws under the 14th Amendment, the bill would:

  • Require states to establish nonpartisan redistricting commissions for congressional redistricting;
  • Establish nonpartisan redistricting criteria such as a partisan fairness provision that courts can enforce starting immediately no matter what institution draws the maps;
  • 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;
  • 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.

Importantly, the bill that won approval on the full floor on Wednesday contained critical amendments strengthening its anti-gerrymandering provisions. While the original version would not have required states to use independent commissions and nonpartisan redistricting criteria until 2030, the revised bill would implement them right away. And even if states don't have enough time to set up new commissions ahead of the 2022 elections, they would still be banned from drawing maps that unduly favor a party, which a court could then enforce.​

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​Ending Republicans’ ability to gerrymander is of the utmost importance after Republicans won the power to redistrict two-to-three times as many congressional districts as Democrats after the 2020 elections. If congressional Democrats don’t act, Republican dominance in redistricting may practically guarantee that Republicans retake the House in 2022 even if Democrats once again win more votes, an outcome that could lead to congressional Republicans more seriously trying to overturn a Democratic victory in the 2024 Electoral College vote than they did in January, when two-thirds of the House caucus voted to overturn Biden's election.

If this bill becomes law, Republicans would lose that unfettered power to rig the House playing field to their advantage. Instead, reform proponents would gain the ability to challenge unfair maps in court over illegal partisan discrimination, and the bill would eventually require states to create independent redistricting commissions that would take the process out of the hands of self-interested legislators entirely.

Protecting the right to vote is just as paramount when Republican lawmakers across the country have introduced hundreds of bills to adopt new voting restrictions by furthering the lies Donald Trump told about the election that led directly to January's insurrection at the Capitol. With Republican legislatures likely to pass many of these bills into law—and the Supreme Court's conservative partisans poised to further undermine existing protections for voting rights—congressional action is an absolute must to protect the ability of voters to cast their ballots.

The most important remaining hurdle, however, is the legislative filibuster: 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, 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 to pass H.R. 1 into law.

Redistricting

Minnesota: A group of Minnesota citizens, including a veteran redistricting expert and a former state supreme court justice, filed a lawsuit in state court seeking to prevent Minnesota's current congressional and legislative districts from being used next year if state lawmakers are unable to pass new districts by Feb. 15. That outcome is likely given that Democrats hold the state House and governorship while Republicans hold the state Senate. Similarly divided governments have led the courts to intervene to draw new maps in each of the last five decades.

New Mexico: A committee in New Mexico's Democratic-run state Senate has unanimously passed a bill that would establish a bipartisan advisory redistricting commission to handle redistricting for Congress, the state legislature, the state Public Regulation Commission, and the state Public Education Commission. Democratic state House Speaker Brian Egolf endorsed the proposal after previously opposing a competing reform measure that passed unanimously in state House committee in early February.

The Senate bill would create a commission with seven members, with four chosen by the leadership of both parties in each of the state's two legislative chambers, two unaffiliated members selected by the state Ethics Commission, and a final seventh member named by the Ethics Commission who would be a retired appellate judge and would serve as commission chair. No more than three commissioners could be members of the same party, and anyone who is or has served as an officeholder, candidate, or lobbyist (or whose close family members have) in the two years prior to redistricting could not participate.

Commissioners would devise three proposals for each type of office and hold public hearings to discuss them. Districts would have to be drawn according to the following criteria: equal population; legislative districts cannot split precincts; adherence to the federal Voting Rights Act and its protections of voters of color; compactness; preservation of communities of interest and local government jurisdictions; and preservation of the cores of existing districts. The criteria apparently do not prohibit mapmakers from considering partisanship or incumbency.

Once commissioners have come up with three different proposals for each office and held public hearings, they would submit the maps to the legislature for approval by lawmakers. The bill doesn't mention any prohibition on lawmakers amending the proposed districts, meaning this reform measure could nevertheless result in legislators adopting gerrymandered districts.

South Dakota: Last month, the League of Women Voters and other good-government organizations announced a plan to put a constitutional amendment on the ballot next year that would establish an independent redistricting commission. Supporters would need to file just under 34,000 signatures, roughly 10% of the total vote for governor in the most recent election, by this November in order to get onto the ballot.

Since South Dakota only has a single statewide congressional district, the proposal would only affect legislative redistricting. The measure would create a nine-member commission chosen by the state Board of Elections with no more than three members belonging to the same party, though the proposal is vague on the specifics of the selection process.

Mapmakers would have to adhere to several criteria, which prioritize compactness, followed by preserving communities of interest and keeping counties and cities undivided to the extent practicable. Commissioners would be barred from considering partisanship or incumbency. While Republican lawmakers would still have the opportunity to draw new districts for the 2022 elections even if the amendment passes, the commission would sweep into action immediately, crafting new maps in 2023 for the 2024 elections and then in years ending in "1" every 10 years afterward.

Voting Access Expansions

Congress: House members are set to introduce a bill with bipartisan support that would make Puerto Rico a state following a referendum last November in which voters backed statehood by a 52-48 margin. The bill's 48 sponsors in the House are mostly Democrats but also include around a dozen Republicans, several of whom are from Florida, which is home to a large Puerto Rican population. However, even if the House passes the bill, it will face a challenging path to overcoming a likely filibuster by Senate Republicans, as only Florida Sens. Marco Rubio and Rick Scott are reportedly supporting the bill on the GOP side.

Delaware: Democratic state Rep. Bryan Shupe has announced he plans to introduce a bill later this month that would end Delaware's unusual system that requires voters to register twice: once for state and federal elections and separately for local races. This system regularly leads to situations where voters who are registered in state elections try to vote in their local elections only to find out on Election Day that they can't vote. Democrats hold both legislative chambers and the governor's office in Delaware.

Idaho: Idaho's Republican-run state Senate has unanimously passed a bill to set up a standardized process for requiring local election officials to contact voters and give them a chance to fix any errors with their absentee ballots such as a voter signature supposedly not matching the one on file.

Maryland: Maryland's Democratic-run state House has passed a bill to create a semi-permanent list that will automatically mail absentee ballots in all future elections to voters who opt in. A handful of other states have similar systems, though this proposal differs in that voters who don't vote in two consecutive election cycles would be removed from the list and have to reapply.

Meanwhile, state House Democrats passed a bill with some bipartisan support 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 be required to establish voter registration efforts on campus and give students an excused absence to vote if needed. The bill would also let military service members register online using their identification smart cards issued by the Defense Department.

New Mexico: New Mexico's Democratic-run state House has unanimously passed a bill that aims to protect Native American voting access in a variety of ways. Among other provisions, the bill requires that every reservation or other Native community have an in-person polling place, which fills an important gap since many Native communities lack reliable postal service for mail voting and also have a large proportion of residents who lack a driver's license or access to other transportation options.

New York: Following its recent passage in the state Senate, a bill has been approved in committee by Assembly Democrats that would automatically restore voting rights to everyone who is not currently incarcerated, which would permanently end the disenfranchisement of parolees. Currently, many parolees are only able to vote because Democratic Gov. Andrew Cuomo issued an executive order two years ago to restore the rights of people on parole who were convicted of certain crimes, meaning their right to vote could be rescinded by a future governor unless this bill passes.

New Jersey: New Jersey's Democratic-run Assembly has passed a bill with bipartisan support to create an in-person early voting period after their counterparts in the state Senate passed similar legislation last week. The Assembly's bill would adopt 10 days of early voting for general elections starting in November, five days for presidential primaries, and three days for all other primaries and any municipal elections taking place in May. The measure would require each of New Jersey's 21 counties to establish between five and 10 early voting locations.

Utah: Utah's GOP-run legislature has unanimously passed a bill creating a system where voters can track the status of their mail ballots via email or text message. Utah is one of a handful of states that mails ballots to all active registered voters by default.

Virginia: Both chambers of Virginia's Democratic-run legislature have passed a constitutional amendment that would abolish felony disenfranchisement for everyone who is not currently incarcerated. Currently, state law imposes a lifetime ban on voting by anyone convicted of a felony, but that system has been curtailed because Democratic Gov. Ralph Northam and his Democratic predecessor issued executive orders to automatically restore voting rights upon completion of any prison, parole, or probation sentences. Those orders, however, could be rescinded by any future Republican governor.

To become law, legislators would have to pass this same amendment again after the 2021 elections before it would have to win approval in a November 2022 voter referendum. A separate amendment that would have abolished felony disenfranchisement entirely, including for people currently in prison, failed to advance before a key deadline.

Voter Suppression

Supreme Court: On Tuesday, the U.S. Supreme Court heard a case over two Arizona voting restrictions that could deal a crippling blow to what remains of the Voting Rights Act after the high court's conservatives gutted a key part of the law in 2013. Observers widely agreed that the court's conservative majority was leaning toward upholding the Republican-backed voting restrictions, but it was unclear from oral arguments just how gravely the court could undermine the standards used to enforce the Voting Rights Act.

This case involves two Arizona laws that the 9th Circuit Court of Appeals found had both the effect and intent of discriminating against Black, Latino, and Native American voters. If both findings are overturned, it may become impossible to challenge similar laws in the future.

Last year, the 9th Circuit blocked both measures: one that bars counting votes cast in the wrong precinct but in the right county, and another that limits who can turn in another person's absentee mail ballot on a voter's behalf.

Arizona had largely transitioned to mail voting even before the pandemic, but the 9th Circuit observed that only 18% of Native American voters receive mail service, and many living on remote reservations lack reliable transportation options. That led some voters to ask others in their community to turn their completed ballots in, which Republicans have sought to deride as "ballot harvesting" in an attempt to delegitimize the practice. The invalidated law had limited who could handle another person's mail ballot to just close relatives, caregivers, or postal service workers.

The 9th Circuit's ruling also invalidated a separate provision prohibiting out-of-precinct voting, in which a voter shows up and casts a ballot at the wrong polling place but in the right county on Election Day. Under the invalidated law, voters in such circumstances could only cast a provisional ballot, which were automatically rejected if it was later confirmed that the voter had indeed showed up at the wrong polling place.

This decision relied on Section 2 of the Voting Rights Act, which prohibits laws that have a discriminatory effect against racial minorities regardless of whether there was an intent to discriminate. The finding of a discriminatory effect is critical because it's often much more difficult if not impossible to prove that lawmakers acted with illicit intent, whereas statistical analysis can more readily prove that a law has a disparate negative impact on protected racial groups.

Consequently, it's this so-called "effects test" that is the key remaining plank of the Voting Rights Act following the Supreme Court's notorious 2013 decision in Shelby County v. Holder. Some legal observers remained optimistic that the worst may not come to pass, since Arizona Republicans' oral arguments did not touch on the constitutionality of the VRA's effects test. However, others have noted that even if the effects test isn't formally struck down, the Supreme Court could make it so difficult to comply with the requirements to prove discrimination that the VRA would nevertheless become meaningless.

In one revealing exchange, conservative Justice Amy Coney Barrett asked Republican attorney Michael Carvin why the state GOP was even party to this case. Carvin responded with an admission that the 9th Circuit decision striking down the two voting restrictions "puts us at a competitive disadvantage relative to Democrats" because "every extra vote they get ... hurts us."

Arizona: Republicans in the Arizona Senate have passed a bill that could purge roughly 200,000 voters from the state's "permanent" mail voting list, which is supposed to automatically mail a ballot in all future elections to participating voters and has proven very popular since its implementation. The bill would remove anyone who doesn't vote in two consecutive election cycles, even if they still remain eligible to vote. Republicans only hold a two-seat majority in both the state House and Senate, so they would need every member on board to overcome Democratic opposition.

In the state House, meanwhile, Republicans have passed a bill that would require people and groups who register more than 25 voters in a given year to themselves register with the state, mandating that they put unique identifying numbers on every registration form they submit. Voter advocacy groups have condemned this bill and warn that it could lead to registration forms being rejected.

Alabama: Alabama House Republicans have passed a bill that would ban local election officials from establishing curbside voting or setting up voting machines outside of polling places, which would make it harder for people with disabilities and limited mobility to cast their ballots.

Arkansas: Republican Gov. Asa Hutchinson has signed a bill into law that makes Arkansas' voter ID law much stricter, making it one of the first of many Republican-backed voting restrictions under consideration nationwide to become law following the 2020 elections. The bill removes the option for voters who lack an ID to vote by signing a sworn statement under penalty of perjury, instead mandating an ID in order to have one's vote counted.

Georgia: On Monday, state House Republicans passed a far-reaching bill to enact several new voting restrictions that would:

  • Require that voters provide the number on their driver's license, state ID, or a photocopy of their ID when requesting an absentee ballot and a photocopy of their ID when returning an absentee ballot;
  • Limit weekend early voting;
  • Restrict absentee ballot drop boxes to only the inside of early voting locations or county election offices, making them unavailable outside of regular business hours;
  • Set a minimum of one drop box per 200,000 registered voters (other states such as California require one drop box per 15,000 voters);
  • Shorten the runoff period in federal elections from nine weeks to four weeks, with the apparent intent of giving campaigns less time to mobilize voters (instant runoffs would be used for overseas civilian and military voters to avoid running afoul of federal law mandating that their ballots be sent out 45 days before an election);
  • Ban state officials from mailing unsolicited absentee ballot request forms to all voters after Republican Secretary of State Brad Raffensperger did so in the 2020 primary;
  • Disqualify ballots that were cast in the wrong precinct but in the right county, which currently may be counted as provisional ballots;
  • Limit mobile early voting buses to only emergency situations;
  • Bar counties from receiving private funding to help administer elections; and
  • Block officials from distributing food and drinks to voters waiting in line to vote.

Meanwhile, in the state Senate, Republicans passed a bill in committee to end no-excuse absentee voting for voters under age 65, who typically lean more Democratic than older voters. Late last month, Republicans in the full Senate also passed a bill that would give the state the power to take over local election boards that supposedly fail to meet certain standards, which Democrats condemned as a way to let Republicans usurp control over election boards in Democratic-leaning counties.

Montana: State House Republicans have passed a bill over Democratic objections that would bar anyone who isn't a family or household member, caregiver, or an "acquaintance" who is a registered voter in the same county from turning in another person's ballot, thereby preventing voter advocacy groups or political campaigns from organizing ballot collection efforts.

A previous Republican-backed law imposing similar restrictions was blocked in court last year for discriminating against Native American voters, who often live on remote rural reservations where mail service and transportation access are limited. This latest bill may therefore also face difficulty surviving a likely lawsuit.

New Hampshire: New Hampshire's Republican-run state Senate has passed a bill along party lines to add a voter ID requirement for requesting and casting absentee ballots, sending it to the state House, which is also controlled by the GOP. New Hampshire is one of several states where Republicans are considering extending voter ID requirements to absentee ballots after Democrats disproportionately voted by mail in the 2020 elections.

Wyoming: State House Republicans have passed a bill establishing a voter ID requirement, sending it to the state Senate, where Republicans are also likely to pass it.

Ballot Measures

Idaho: Idaho's Republican-run state Senate has passed a bill that would make it all but impossible for progressive initiatives to get on the ballot by requiring proponents to submit voter signatures equivalent to 6% of registered voters in each of the state's 35 legislative districts instead of 18, the current requirement.

The bill, which would take effect immediately, would disproportionately impact progressives because left-leaning voters are heavily concentrated in a handful of denser urban districts. Liberal organizers would therefore have to canvas in rural districts where receptive voters are few and far between. Conservatives, by contrast, would have an easier time canvassing for signatures in cities because, even if right-leaning voters represent a relatively small proportion of voters, they live in closer proximity to one another.

Republicans in Idaho have advanced similar restrictions on initiatives in recent years as a reaction to successful efforts by progressives to expand Medicaid and increase public education funding at the ballot box during the last decade. Fearing a lawsuit, GOP Gov. Brad Little vetoed a similar bill in 2019 but the Senate passed this most recent bill with a veto-proof majority.

South Dakota: South Dakota's Republican-run legislature voted this week to put a constitutional amendment on the June 2022 primary ballot that would institute a 60% supermajority requirement for ballot initiatives that raise taxes or spend more than $10 million in public funds within a five-year period. The amendment would not, however, require a supermajority to cut taxes or spending. Democratic legislators blasted Republicans for trying to manipulate the election to their advantage by placing the amendment on the primary ballot instead of sending it before voters in the general election, noting that turnout in the 2020 primary was just one-third as high as it was last November.

Republicans have repeatedly tried to enact restrictions on ballot initiatives in recent years after voters approved an initiative in 2016 that would have placed strict limits on lobbying, created an independent ethics commission, and implemented a public campaign finance system that would have given each voter a voucher to donate to their preferred candidates.

In 2017, Republicans resorted to declaring an actual state of emergency to enable the legislature to immediately repeal the voter-approved ethics law and make it immune to a veto referendum, meaning supporters of the reform needed double the signatures to put a constitutional amendment on the ballot to restore the measure. Although they did just that in 2018, then-Republican Attorney General Marty Jackley gave the new amendment a ballot summary that said it would "likely be challenged on constitutional grounds," and voters rejected the second ethics commission amendment 55-45.

Electoral System Reform

Burlington, VT: Voters in Vermont's largest city of Burlington voted by 64-36 margin to approve a ballot measure that will adopt instant-runoff voting in City Council elections starting next year. This vote comes just over a decade after Burlington voters narrowly repealed instant-runoff voting for mayoral elections after it had been used to elect the mayor in 2006 and 2009. Before it can take effect, though, it must be approved by the Democratic-run legislature and Republican Gov. Phil Scott.

Senate Elections

Kentucky: Republican state senators have passed a bill that would require the governor to fill any future U.S. Senate vacancies with an appointee from the same party as the departing senator.

Currently, Kentucky's governor is Democrat Andy Beshear while both of its senators are Republicans, meaning this bill would prevent Beshear from replacing either McConnell or fellow Sen. Rand Paul with a Democrat if either were to leave office. Republicans easily hold enough seats to override a potential veto by Beshear. The bill would allow the party committee of the departing lawmaker to send a list of three names to the governor, who would be required to pick a replacement from that list.

Ever since Beshear's narrow 2019 win, Kentucky Republicans have advanced a series of moves to strip him of his executive power, and this proposal is part of the same partisan effort to constrain Beshear's authority. However, despite the GOP's self-interested motives, the proposed system is already used in many states for legislative vacancies and a handful of states for Senate vacancies and better ensures the will of voters is respected.

Judge Rules Virginia Board Of Elections’ Rule About Late Absentee Mail-In Ballots Was Illegal

In August of last year, a rule was made by the Virginia Board of Elections that would have allowed elections officials to count late mail-in ballots that arrived without a postmark up to three days after this past November’s presidential election. A judge reversed this on Monday, ruling that the board’s decision was illegal.

Virginia Judge Issues Ruling

Virginia Circuit Court Judge William Eldridge ruled that with this rule, the board violated state elections law, according to the Daily Caller. He issued an injunction that will stop Virginia from adopting this rule in future elections moving forward.

Public Interest Legal Foundation (PILF), a legal group representing Frederick County electoral board member Thomas Reed in his case against the state mail-in ballot law, announced the judge’s decision.

“This is a big win for the Rule of Law,” said PILF President and General Counsel J. Christian Adams. “This consent decree gives Mr. Reed everything he requested – a permanent ban on accepting ballots without postmarks after Election Day and is a loss for the Virginia bureaucrats who said ballots could come in without these protections.”

Related: The Left And Deep State Eager To Turn ‘War On Terror’ Tools On The American People

Elections Board Reveals New Rule

On August 4 of last year, Virginia Board of Elections revealed the new rule, telling county boards that any ballots “received by the general registrar’s office by noon on the third day after the election … but does not have a postmark, or the postmark is missing or illegible” were not to be rendered invalid. A week later, the board added that these ballots should be counted.

Pilf fired back in October by filing a lawsuit against the board on the behalf of Reed, who claimed that this rule violated state law. The specific Virginia statute that he thinks it violated states, “Any absentee ballot returned to the general registrar after the closing of the polls on election day but before noon on the third day after the election and postmarked on or before the date of the election shall be counted.”

Related: Hillary Clinton, Pelosi Push Conspiracy Theory Suggesting Trump Updated Putin About The Capitol Riots, Demand 9/11-Style Investigation

The court agreed with Reed, issuing an order on October 28 preventing the state of Virginia from accepting and counting late absentee ballots that did not have postmarks. This meant that the ballots did not end up being counted in the presidential election, and thanks to the judge’s new ruling, they won’t be in the future either.

This piece was written by James Samson on January 27, 2021. It originally appeared in LifeZette and is used by permission.

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The post Judge Rules Virginia Board Of Elections’ Rule About Late Absentee Mail-In Ballots Was Illegal appeared first on The Political Insider.

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.

This Week in Statehouse Action: Wolverine-al Failure edition

Republican legislators in key swing states still aren’t ruling out elector-related shenanigans designed to steal the election for Donald Trump, but there’s still a pandemic on, and a bunch of domestic terrorists just got arrested for plotting to overthrow Michigan’s government, so I’m going to shift focus a little this week.

To me, my statehouse action!

(But for real, the guy who wrote the law review article that inspired all of this and helped establish Pennsylvania as a potential Ground Zero for legislator-instigated elector-related constitutional crisis still thinks that this scenario is very much in play. And given what I’ve learned from working in and writing about state legislative politics for the past decade or so, I do, too.)

Anyway.

Campaign Action

House of M: Michigan is hands-down the most action-packed state that hasn’t or isn’t about to play host to a vice/presidential debate.

  • First, late last week, the state Supreme Court struck down Democratic Gov. Gretchen Whitmer’s executive authority to issue emergency orders, which she’s of course been doing to help her state fight the COVID-19 pandemic.
    • The decision was 4-3, which matters because
      • Conservatives have a 4-3 majority on the court
      • The decision was straight along partisan lines
      • Progressives have a chance this fall to flip the Michigan Supreme Court to a 4-3 conservative minority.
  • The retirement of a conservative justice has created an opportunity to shift the highest court in this key swing state away from the GOP.
    • Democrats have a lot of balls in the air right now for sure, but Republicans have a history of not sleeping on court elections.
    • Dems, on the other hand … have yet to really get their act together when it comes to investing in these incredibly important, high-stakes, and infrequent (state supreme court terms are at least six years; in Michigan, justices serve eight-year terms) races.
      • Daily Kos has endorsed progressive Michigan Supreme Court candidate Elizabeth Welch in this race, but it’s not clear that the Democratic establishment outside of the state is paying any attention at all.

le sigh

  • So, the state Supreme Court’s ruling against Whitmer’s emergency executive powers last Friday threw her coronavirus-related orders into legal limbo.

Good, right?

  • But given that the Senate majority leader is opposed to a statewide mask requirement, and
  • GOP House members are feigning outrage because the governor is working to help elect a Democratic majority to the state House (and never mind that Republican lawmakers have been fighting Whitmer on her coronavirus-related executive orders for many months already),
    • … the outlook for real progress on protecting the state from the pandemic looks less than rosy.

And this all brings us to Thursday, when 13 white guys (well …. probably white. I haven’t found an article yet that describes them as anything but, and in my experience, news outlets tend to not mention someone’s race unless they’re NOT white, in which case, they ALWAYS mention it. Please feel free to hit me up with any examples you find that contradict this) were charged for participating in an alleged domestic terrorism plot that involved kidnapping Michigan’s governor and possibly murdering her or other state leaders they perceived as “violating the U.S. Constitution.”

  • And these weren’t just a bunch of disgruntled assholes.
  • After their arrests were announced Thursday, Whitmer tied these men to
    • Trump’s failure last week to condemn white supremacist (with which which Michigan’s militias have flirted) and extreme right-wing groups and
    • Trump’s tweeted encouragement to “LIBERATE MICHIGAN” earlier this year in response to protests of the governor’s coronavirus safety measures.

Yes, let’s blame the victim

So, yeah, the Wolverine State is having a super normal one.

The Dark Keystone Saga: But just because Pennsylvania GOP legislative leaders aren’t currently, right at this moment, actively working to steal the state’s electors for Donald Trump, don’t think for a second there aren’t shenanigans afoot there.

  • A shady resolution (read: Democratic Gov. Tom Wolf can’t veto it) establishing a “Select Committee on Election Integrity” charged with investigating and reviewing “the regulation and conduct of the 2020 general election” still awaits a full House floor vote, which it may get as soon as Oct. 19, when the legislature reconvenes.
    • This committee will be made up of three Republicans and two Democrats, has subpoena power, and is authorized to “prepare and file pleadings and other legal documents” (emphasis mine).

… like, say, a certificate of ascertainment for Trump’s electors ..?

  • The subpoena and investigatory power the resolution endows this “Select Committee” with with the power to find supposed “facts” designed to demonstrate that the election was not run properly or fairly.
    • The resolution appeared “out of nowhere” on last week—literally a day after Trump claimed during the presidential debate (somehow that was JUST LAST WEEK) that “bad things happen in Philadelphia” (he also encouraged his supporters to intimidate voters at polls there, but that’s a whole other matter).
  • And speaking of the Pennsylvania Supreme Court …

But!

  • If Democrats can flip one of Pennsylvania’s legislative chambers (28 R/21 D Senate, 109 R/92 D House [2 vacancies]) next month, this GOP power-grab will die a delicious and deserved death.

Age of Coronapocalypse: In Virginia, where lawmakers are still meeting in special session to deal with racial justice, police reform, and coronavirus-related budget issues, one Republican may have put her legislative colleagues in grave danger.

  • State Sen. Jill Holtzman Vogel attended the Rose Garden event announcing the nomination of conservative Judge Amy Coney Barrett to the U.S. Supreme Court—an event now notorious for likely being responsible for numerous attendees’ subsequent COVID-19 diagnoses.
    • Just a couple of days after attending the gathering, at which photos reveal social distancing and mask-wearing guidelines were most definitely NOT followed, Vogel returned to Richmond for two days of in-person session with many of her Senate colleagues.
      • Vogel reports that she has since tested negative for COVID-19, but it’s not clear that those results came back before session last week—or that she even got tested before other Rose Garden event attendees’ coronavirus diagnoses came to light.
  • Vogel’s not alone in placing her colleagues in unnecessary danger when it comes to the coronavirus.

… just something to bear in mind the next time Republicans rail about “transparency” and “good faith.”

Welp, that’s a wrap for this week. (Better than a rap, because my rhymes would be almost as bad as my puns, and better than a rap sheet, because we’re not white domestic terrorists who’ve been arrested for plotting to overthrow state governments, hm?)

Hang in there. We have a few laps yet to put behind us before we cross anything resembling a finish line in this election.

Maybe you’re tired.

Stressed.

Sick.

Sad.

Something else entirely.

Some unfortunate combination of any of those things.

I see you. And I hope you’ll do something to take care of yourself this week.

Because you’re important.

And we need you.

This Week in Statehouse Action: Counterprogramming edition

I have a present for you.

It’s this.

You can read it instead of watching (or while watching, as a distraction) Trump’s RNC speech tonight.

I mean, let’s be real—it’s a much better use of your time all around.

This: Contains facts.

That: Contains outright lies.

This: Has bad jokes.

That: Has racisms.

This: Can be read to yourself in any voice you like (personally, I prefer Nathan Fillion as my internal narrator).

That: Can only be heard in Trump Yells.

Anyway, you get the idea.

Even though Republicans are holding their national convention this week, not all is sunshine and roses in GOP-land.

In fact, there’s some serious R-on-R violence astir in Ohio at the moment.

Campaign Action
  • And no, I’m not even talking about the state’s former governor who addressed last week’s Democratic convention.
  • Three GOP state House members have drawn up articles of impeachment against Republican Gov. Mike DeWine because they’re mad about how he’s been handing the coronavirus epidemic.
    • … which, frankly, he’s been doing a lot more competently than many of his fellow GOP governors.
  • GOP Reps. John Becker, Nino Vitale, and Paul Zeltwanger joined right-wing forces this week to sponsor an impeachment resolution detailing 10 specific articles against DeWine, including claims that he
    • Violated separation of powers by having the state health department issue orders “tantamount to creating new laws”
    • “Conspired” with the secretary of state to cancel the March 17 primary and move it to June (lawmakers eventually passed legislation setting an April 28 all-mail primary)
    • Unconstitutionally ordered businesses to close to prevent the spread of coronavirus, which “resulted in record-high unemployment,” which increased “poverty,” “depression,” “despair,” and “suicides” but also required state budget cuts
    • Usurped the state board of education’s power by ordering schools to shut down and then “violat[ing] students’ civil liberties” by requiring them to wear face coverings when schools reopened
    • “Prove[d] his incompetence” by providing “misleading COVID-19 data”
    • Violated Ohioans’ due process rights and civil liberties by issuing a stay-at-home order
    • Somehow violated the First Amendment by requiring Ohioans to wear face masks in houses of worship (and all other indoor spaces)
    • “Promote[d] fear” by issuing a face mask requirement.
  • These three genius lawmakers also set forth the inane lie that face coverings render the wearer somehow “more likely to infect themselves with COVID-19.”

Since both the state’s Democratic and Republican parties are denouncing the impeachment attempt, it’s fair to anticipate that these three extremists won’t be able to muster the House majority and Senate supermajority required to remove DeWine from office.

  • In fact, the Ohio GOP chair called the move “a baseless, feeble attempt at creating attention for themselves.”

… not that feeble, I guess. I’m not the only one writing about it.

  • Republican Rep. Nino Vitale made some other news this week, too.
    • Ohio’s GOP Secretary of State Frank LaRose filed a campaign finance complaint with the state elections commission accusing Vitale of, among other things,
      • Failing to keep a strict account of all campaign contributions
      • Failing to disclose all expenditures above $25
      • Failing to deposit all contributions into an account that wasn’t for personal or business use
      • Using campaign resources for his personal business when he
        • converted his campaign website, email marketing program, and social media accounts for his own use and
        • used his campaign account to pay for Facebook ads promoting his shooting classes on his personal gun range.
    • Vitale thinks LaRose is out to get him because of the impeachment resolution against DeWine.

let them fight dot gif

Elsewhere ...

  • The Milwaukee Bucks made some excellent headlines this week after their extremely righteous move to go on a sudden wildcat strike instead of taking the court for a playoff game in protest of racial injustice and police brutality in the wake of a Kenosha cop shooting an unarmed Black man seven times in the back last weekend.
    • Something that made fewer headlines, however, was the team’s substantive followup on their show-stopping activism.
      • The team also issued a statement on Wednesday calling out Wisconsin’s GOP-controlled legislature for “months of inaction” on bills addressing police accountability and criminal justice reform.
        • The state’s GOP leaders have said nothing in response to the Bucks’ call and have refused reporters’ requests for comment on the matter.
    • Relatedly, earlier this week, Democratic Gov. Tony Evers called a special session to convene this Monday specifically to consider nine bills related to police reforms and training he proposed back in June.
      • Lawmakers will meet, but the Republican-majority chambers could vote to adjourn as soon as they gavel in because they’re classy that way.
  • In Pennsylvania, the GOP-controlled legislature is responding to “glitches” in the state’s new mail-in voting law by … trying to make it harder to vote by mail.
    • Specifically, Republicans are pushing a proposal that would cut the amount of time voters have to request a mail-in ballot and limit the locations at which voters to hand-deliver their ballots prior to Election Day.

I mean, of course the GOP is trying to game the system in a closely-contested swing state like Pennsylvania.

It’s not clever, but it’s smart.

… but not everyone is up to no good.

  • Last week in Virginia, state lawmakers convened in a landmark special session and are continuing to advance legislation to reform police practices in the commonwealth.
    • But the session wasn’t noteworthy just because of the subject matter.
      • For the first time in over 400 years, the General Assembly tried a new way of convening.
      • Specifically, the House of Delegates held a virtual session.
        • The endeavor met with some hiccups, though—Republican members complained of lost connections and the system itself was described as “balky.”
        • But in light of the dangers posed by the COVID-19 pandemic, the Democratic-majority chamber was eager to try something new—despite GOP members’ foot dragging.
    • Because Republican delegates refused to immediately get on board with the change, legislative action in the House is off to a slow start.
      • The much smaller (40 vs. 100) state Senate opted to meet in person (with many precautions in place).
        • But that choice brought its own coronavirus-related consequence when GOP Sen. Bryce Reeves revealed this week that he’s tested positive for COVID-19.
          • Reeves reported experiencing “mild symptoms” during the special session’s three days last week.
      • Meanwhile, since Republican Sen. Amanda Chase refuses to wear a mask because of an alleged medical condition, Senate staffers constructed a Plexiglass box around her desk to keep her from potentially infecting her colleagues.
    • Despite all this drama, police reform legislation is actually making headway.
      • On Wednesday, the Senate approved (on a party-line vote) a measure allowing judges and juries to consider lesser offenses (i.e. misdemeanors) for someone who, say, shoves an officer (as opposed to the felony charge from a shooting or stabbing).
        • Currently, any “assault” on a cop is a felony that carries a mandatory six-month minimum sentence.
      • In the House, committees are advancing measures that would ban tear gas and rubber bullets, prohibit police departments from acquiring surplus military gear, and establish “community care teams” to accompany officers when responding to a mental health crisis.

While ending the garbage legal doctrine of qualified immunity for cops (which protects them from personal liability for their actions) is, sadly, not on the table in Virginia, stay tuned for some actual reforms to emerge from the newly-Democratic legislature in the coming weeks.

While some lawmakers are hard at work doing the business of the people in the middle of a pandemic, others are … hardly working.

  • Many are running for reelection, which, you know, makes sense, since we’re a couple of months away from Election Day.
    • But some Republicans would rather party with lobbyists on the beach than actually connect with their constituents or help their states deal with the ongoing coronavirus pandemic or work to address racism and police brutality.
  • This week, the Republican State Leadership Committee (the GOP party organization tasked with election Republican state legislators, lieutenant governors, secretaries of state, and judges across the country) met at a Georgia resort at Sea Island for their annual Summer Meeting.

These sorts of “meetings” are nothing new, and they certainly aren’t unique to the GOP.

  • In the middle of a pandemic, though, when you’re almost guaranteed to take germs you didn’t arrive with back to your respective home states?
  • In a huge COVID-19 hot spot?

Seems pretty clear that one party is actually taking the coronavirus seriously this election season, and it ain’t the GOP.

Welp, that’s a wrap for this week. Thanks for tuning in!

Now go do something nice for yourself.

A snack.

A beverage.

A stretch.

A call to someone special.

An animal ear-scratch.

A fitness.

Whatever floats your boat (including actually floating a boat).

Just take good care of you.

You’re important, and we need you.

Morning Digest: Nevada Democrats won big in 2018. Our new data shows they may again in 2020

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

Leading Off

Senate-by-LD, Governor-by-LD: Nevada was a huge success story for Team Blue in 2018, with Democrats making big gains in both houses of the legislature at the same time that the party was flipping the U.S. Senate seat and governor's office. And as our new data, which was crunched for us by elections analyst Bill Coningsby, illustrates, Democrats have opportunities to pick up more seats this fall.

Democrats currently hold a 13-8 majority in the Senate, which is just one seat shy of the two-thirds majority needed to pass certain revenue-related measures that the GOP blocked in the previous sessions of the legislature without any GOP votes. In the state Assembly, though, Team Blue has a 29-13 supermajority.

We'll start with a look at the Senate, where half the chamber was up in 2018 while the rest of the seats will be on the ballot this fall. Democrat Jacky Rosen carried 15 of the 21 seats while she was unseating GOP Sen. Dean Heller 50-45, while Democrat Steve Sisolak took those very same districts while he was being elected governor 49-45 over Adam Laxalt. The median district backed Rosen by 53-43 and Sisolak by 52-44, placing it somewhat to the left of the state overall.

Two Republicans sit in Rosen/Sisolak seats, while no Democrats hold Heller/Laxalt districts. The only one of that pair of Republicans up this year is Heidi Gansert, who holds Senate District 15 in the Reno area. This constituency supported Rosen 51-45, while Sisolak took it 50-45; four years ago, the district also backed Hillary Clinton 47-44 while Gansert was winning by a convincing 53-42. This cycle, the Democrats are fielding Wendy Jauregui-Jackins, who lost a close primary for Washoe County assessor last cycle.

The other Republican on unfriendly turf is Keith Pickard, who won a four-year term in 2018 by 24 votes. That year, Rosen and Sisolak carried his SD-20 50-47 and 50-46, respectively.

Democrats do have a few potentially competitive seats to defend this year. Senate Majority Leader Nicole Cannizzaro won SD-06 51-49 as Clinton was pulling off a 50-45 victory. Last cycle, though, the seat backed Rosen 53-44, while Sisolak took it by a similar 52-44 spread. Democrats will also be looking to keep the open SD-05, which supported Clinton just 48-46 but went for Rosen and Sisolak 53-43 and 52-44.

We'll turn to the 42-person Assembly, where members are elected to 2-year terms. Both Rosen and Sisolak carried the same 29 districts, while Heller and Laxalt took the remaining 13 districts. The two median districts backed Rosen by 54-42 and Sisolak by 53-41, placing them several points to the left of Nevada overall.

One assemblymember from each party holds a seat that was carried by the other side's statewide nominee. On the Democratic side, incumbent Skip Daly won 52-48 in a seat Heller and Laxalt took 49-47 and 49-45; Trump won by a larger 49-43 margin here in 2016. Meanwhile, Republican Assemblyman John Hambrick is termed-out of a seat that backed both Rosen and Sisolak 49-48 but where Trump prevailed 49-46.

We'll also take a quick look at the state's four congressional seats. The 3rd District, which is located in Las Vegas' southern suburbs, backed both Rosen and Sisolak 50-46, which was a shift to the left from Trump's 48-47 win. The 4th District supported Rosen 51-44, while Sisolak took it 50-44; the seat went for Clinton by a similar 50-45 margin in 2016. The 1st District went overwhelmingly for the Democratic ticket, while Republicans had no trouble carrying the 2nd District.

P.S. You can find our master list of statewide election results by congressional and legislative district here, which we'll be updating as we add new states. Additionally, you can find all our data from 2018 and past cycles here.

Election Changes

Please bookmark our litigation tracker spreadsheet for a compilation of the latest developments in major lawsuits over changes to election and voting procedures, along with our statewide 2020 primary calendar and our calendar of key downballot races, all of which we're updating continually as changes are finalized.

Alabama: Civil rights advocates have filed a lawsuit in state court seeking to loosen Alabama's restrictions on mail voting during the pendency of the pandemic. The plaintiffs want the court to order the state to suspend requirements that voters present an excuse to request an absentee ballot, have their ballot envelope notarized, and include a photocopy of their ID with their ballot. Additionally, the plaintiffs want 14 days of in-person early voting, which Alabama currently offers none of, along with drive-through voting and other measures to make voting safe for those not voting by mail.

Florida: Officials in Hillsborough and Pinellas Counties, which are home to the greater Tampa area and one in every nine registered voters in Florida, have announced that both counties will pay for postage on mail-in ballots. Officials in the southeastern Florida counties of Broward, Miami-Dade, and Palm Beach, which are home to around a quarter of Florida voters, had previously announced measures to implement prepaid postage and also mail out applications for mail ballots to voters or households who had yet to request one.

Montana: Montana's Supreme Court has reversed a lower court ruling that had allowed absentee mail ballots to count if they were postmarked by Election Day and received within a few days afterward. As a result, voters in the June 2 primary, which is taking place almost entirely by mail, will have to make sure election officials receive their ballots by Election Day.

The Supreme Court, however, did not rule on the merits of the plaintiffs' request but rather explained that it was reinstating the original deadline to avoid voter confusion and disruption to election administration. Plaintiffs will still have a chance to make their case that the ballot receipt deadline should be extended for the November general election.

New Jersey: Democratic Gov. Phil Murphy has announced that he has no further plans to alter procedures for the July 7 primary. Murphy recently ordered the election to take place largely by mail with active registered voters belonging to a party being sent ballots and inactive or unaffiliated voters getting sent applications, while municipalities operate at least one in-person voting each.

New Mexico: Rep. Ben Ray Luján, who is the presumptive Democratic nominee for Senate in New Mexico, is urging Democratic Secretary of State Maggie Toulouse Oliver to delay the deadline to return absentee mail ballots, saying he has heard reports of voters failing to receive a mail ballot in time even though the primary is taking place just days away on June 2.

A spokesperson for Toulouse Oliver says that extending the deadline, which currently requires ballots to be received by Election Day rather than simply postmarked by that date, would require legislative action. However, the state legislature isn't in session, and there's no indication yet whether Luján or anyone else will file a last-minute lawsuit instead.

North Carolina: North Carolina's Republican-run state House has almost unanimously passed a bill that would make it easier to vote absentee by mail. In particular, the bill would ease—though not eliminate—the atypical requirement that absentee voters have a notary or two witnesses sign their ballot envelope by allowing only one witness instead.

However, the bill also makes it a felony for election officials to mail actual ballots to voters who haven't requested one, which would prevent Democratic officials in charge of running elections from conducting elections by mail. Activists had also called on lawmakers to make other changes such as prepaying the postage on mail ballots or making Election Day a state holiday, but Republican legislators refused.

Even if it becomes law, this bill is not likely to be the final word on voting changes in North Carolina. Two separate lawsuits at the federal and state levels are partially or wholly challenging the witness requirement, lack of prepaid postage, and other absentee voting procedures.

South Carolina: South Carolina's all-Republican state Supreme Court has rejected a Democratic lawsuit seeking to waive the requirement that voters under age 65 provide a specific excuse to vote absentee by mail in June's primary. The court ruled that the issue was moot after the Republican-run state legislature recently passed a law waiving the excuse requirement for the June 9 primary and June 23 runoffs. However, that waiver will expire in July, so Democrats are likely to continue pressing their claim in either state court or a separate federal lawsuit for November.

Texas: Texas' all-Republican Supreme Court has sided with Republican state Attorney General Ken Paxton in determining that lack of coronavirus immunity doesn't qualify as an excuse for requesting a mail ballot under the state's definition of "disability." Consequently, all voters must present an excuse to vote by mail except for those age 65 or older, a demographic that favors Republicans.

While the ruling did note that it's up to voters to decide whether or not to "apply to vote by mail based on a disability," that may not be much of a silver lining, because Paxton has repeatedly threatened activists with criminal prosecution for advising voters to request mail ballots. If campaigns and civic groups limit their outreach as a result of Paxton's threats, then even voters still entitled to mail ballots may not learn about the option.

However, in one positive development for voting access, the court ruled that Paxton couldn't tell officials in five counties not to send absentee ballots to voters citing disability even for coronavirus, since Texas' absentee application doesn't ask what a voter's disability is. In addition, separate federal litigation remains ongoing after a lower court blocked the absentee excuse requirement. The 5th Circuit Court of Appeals is set to rule soon on whether to in turn block that ruling for the state's July 14 primary runoff.

Virginia: Conservatives filed a federal lawsuit earlier this month seeking to block Virginia from implementing its absentee voting plan for the state's June 23 primary, specifically targeting instructions that voters "may choose reason '2A My disability or illness' for absentee voting." Although a new law was passed this year to permanently remove the excuse requirement, it doesn't go into effect until July. Consequently, the plaintiffs argue that the current law is being impermissibly interpreted to let those concerned about coronavirus cite it as an excuse to obtain an absentee ballot when they aren't physically ill themselves and don't otherwise qualify.

Wisconsin: Wisconsin's bipartisan Elections Commission has unanimously voted to send applications for absentee mail ballots to all registered voters, which requires a photo ID. However, the commissioners still must decide on the wording of the letter sent to voters, and a deadlock over the language could prevent the commission from sending anything at all. Notably, the Republican commissioners' votes to mail applications comes after the major Democratic stronghold of Milwaukee and some other Democratic-leaning cities had already moved to do so, so the GOP may face pressure to extend the practice statewide.

Senate

GA-Sen-A: Investigative filmmaker Jon Ossoff talks about the murder of Ahmaud Arbery in his new ad for the June 9 Democratic primary. Ossoff tells the audience that his business involves investigating corruption, "And when a young black man in Georgia is shot dead in the street, but police and prosecutors look the other way? That's the worst kind of corruption." He continues by pledging to "work to reform our criminal justice system" in the Senate.

KS-Sen: On Thursday, just days ahead of the June 1 filing deadline, state Senate President Susan Wagle announced that she was dropping out of the August GOP primary. Wagle's move is good news for state and national party leaders, who are afraid that a crowded field will make it easier for former Kansas Secretary of State Kris Kobach to win the primary.

Wagle's decision came weeks after Kansas GOP chair Mike Kuckelman asked her to leave the race in order "to allow our Party to coalesce behind a candidate who will not only win, but will help Republicans down the ballot this November." Wagle's campaign responded to Kuckelman's appeal at the time by saying she wasn't going anywhere and adding, "Others can speculate on his motives, but it may be as simple as he doesn't support strong, pro-life conservative women."

On Thursday, though, Wagle herself cited the party's need to avoid a "primary fight that will divide our party or hurts my colleagues in the state legislature" as one of her main reasons for dropping out. Wagle also argued that a competitive nomination fight would help Democratic state Sen. Barbara Bollier in the fall.

Wagle's departure came hours after Rep. Roger Marshall, who looks like Kobach's main rival, picked up an endorsement from Kansans For Life, a development the Kansas City Star's Bryan Lowry characterized as a major setback for Wagle.

The organization, which Lowry called the state's "leading anti-abortion group," notably backed both Kobach and then-Gov. Jeff Colyer in the 2018 gubernatorial primary. Kobach won that contest by less than 350 votes before losing the general election to Democrat Laura Kelly, and Lowry says that plenty of state Republican operatives believe things would have turned out very differently if KFL had only supported Colyer.

Meanwhile, Bollier's second TV ad touts her as a "sensible centrist" and a "leading moderate voice."

ME-Sen: A progressive group led by former Portland Mayor Ethan Strimling is out with a survey from Victory Geek that shows Democratic state House Speaker Sara Gideon leading GOP Sen. Susan Collins 51-42. The poll also tested 2018 gubernatorial candidate Betty Sweet, who is a longshot candidate in the July Democratic primary, and found her edging Collins 44-43; Strimling disclosed that he was close to Sweet and had contributed to her campaign.

This is the first poll we've ever seen from Victory Geek, a firm Strimling characterized as "a non-partisan data and telecom provider with mostly conservative clients." Strimling called this survey a "joint left/right partnership" between Victory Geek and his progressive organization, "Swing Hard. Run Fast. Turn Left!"

The is also the first poll we've seen here in close to three months, so we don't have a good sense if Collins really is badly trailing. Indeed, the only other numbers we've seen from Maine all year were a February SocialSphere poll that had Gideon up 43-42 and an early March survey from the Democratic firm Public Policy Polling that had her ahead 47-43. While it's very clear that Collins is in for the fight of her career, we need more data before we can call her an underdog.

Gubernatorial

MO-Gov: The conservative pollster We Ask America finds GOP Gov. Mike Parson leading Democrat Nicole Galloway 47-39, while Donald Trump edges Joe Biden 48-44. The only other poll we've seen here in the last month was a late April survey from the GOP firm Remington Research for the Missouri Scout tipsheet that showed Parson ahead 52-39.

VT-Gov: On Thursday, which was the candidate filing deadline, GOP Gov. Phil Scott confirmed that he'd seek a third two-year term. While Scott waited until now to make his plans official, there was never any serious talk about him stepping aside. Scott also pledged that he wouldn't bring on "a campaign staff or office, be raising money, or participating in normal campaign events" until the current state of emergency is over.

House

HI-02: On Thursday, VoteVets endorsed state Sen. Kai Kahele in the August Democratic primary. Kahele currently faces no serious intra-party opposition for this safely blue open seat, though it's always possible someone could launch a last-minute campaign before the filing deadline passes on Tuesday.

IA-04: Politico reports that Iowa Four PAC, a group run by former GOP state House Speaker Christopher Rants, has launched a $20,000 TV buy against white supremacist Rep. Steve King ahead of Tuesday's GOP primary. The commercial declares that it's "sad that Steve King lost his committee assignments in Congress and embarrassed Iowa." The narrator also says that "President Trump stopped allowing Steve King to fly on Air Force One." The rest of the ad touts state Sen. Randy Feenstra as a reliable Trump ally.

Meanwhile, 2018 Democratic nominee J.D. Scholten, who doesn't face any intra-party opposition next week, has launched what Inside Elections' Jacob Rubashkin reports is a $50,000 TV buy. The 60-second ad, which is narrated by "Field of Dreams" star Kevin Costner, is a shorter version of Scholten's launch video. The spot features images of western Iowa and its people and declares that the area is "rooted within us. Within him."

IN-01: Former Sen. Joe Donnelly endorsed Hammond Mayor Thomas McDermott on Monday ahead of next week's Democratic primary. Meanwhile, the Voter Protection Project has announced that it will spend "six figures" on mailers supporting state Rep. Mara Candelaria Reardon.

IN-05: The anti-tax Club for Growth began targeting former Marion County Prosecutor Carl Brizzi a little while ago, and it recently went up with a commercial targeting businesswoman Beth Henderson, who is another candidate in next week's GOP primary. Roll Call's Jessica Wehrman writes that the Club, which backs state Sen. Victoria Spartz, has spent $400,000 on ads for this contest.

The ad shows an old clip of Henderson from just before the 2016 Indiana presidential primary saying of Donald Trump, "I don't like his outbursts and his inappropriateness with the public and … his scruples." The narrator goes on to argue that Henderson "even went on Facebook to support a liberal group that called for Trump's impeachment."

Spartz, who has self-funded most of her campaign, has decisively outspent her many opponents in this competitive open seat. A recent poll for the Club also showed her leading Brizzi 32-14 as Henderson took 13%, and no one has released any contradictory numbers.

Henderson is also acting like Spartz is the one to beat here. Henderson made sure to inform voters in a recent ad that she was born in the United States in what appears to be a not-very subtle shot at Spartz, who has discussed leaving her native Ukraine in her own commercials.

NY-24: 2018 nominee Dana Balter is out with her second TV spot ahead of the June 23 Democratic primary to face GOP Rep. John Katko.

Balter tells the audience that she has a pre-existing condition and continues, "I know the fear of living without insurance, so it's personal when John Katko repeatedly votes to sabotage Obamacare and put coverage for pre-existing conditions at risk." Balter declares that she came closer to defeating Katko last cycle than anyone ever has, and pledges "we'll finish the job so everyone has good healthcare."

NV-03: The conservative super PAC Ending Spending recently launched an ad against former state Treasurer Dan Schwartz ahead of the June 9 GOP primary, and Politico reports that the size of the buy for the TV and digital campaign is $300,000.

UT-04: Former Rep. Mia Love has endorsed state Rep. Kim Coleman in the June 30 GOP primary to take on freshman Rep. Ben McAdams.

DCCC: The DCCC has added another six contenders to its program for top candidates:

  • AK-AL: Alyse Galvin
  • AR-02: Joyce Elliott
  • MT-AL: Kathleen Williams
  • NC-08: Pat Timmons-Goodson
  • NE-02: Kara Eastman
  • OH-01: Kate Schroder

Kathleen Williams, who was the 2018 nominee for Montana’s only House seat, does face a primary on Tuesday against state Rep. Tom Winter. However, Winter has struggled with fundraising during the contest.

Judicial

MI Supreme Court: On Tuesday, the Michigan Democratic Party announced its endorsements for the two state Supreme Court seats on the ballot in November, backing Chief Justice Bridget Mary McCormack and attorney Elizabeth Welch. Both Democratic-backed candidates will face off against two Republican-supported candidates in elections this fall that are nominally nonpartisan and let voters select up to two candidates elected by plurality winner. If McCormack is re-elected and Welch wins office to succeed a retiring GOP justice, Democrats would gain a 4-3 majority on the bench.

A Democratic majority would have major implications for battles over redistricting and voting access, two topics that are currently the subject of active lawsuits at both the state and federal levels in Michigan. While Michigan has a new independent redistricting commission, Republicans are currently suing in federal court to strike it down, something that isn't outside the realm of possibility given the conservative U.S. Supreme Court majority, but a Democratic state court could serve as a bulwark against unfair maps in such a scenario.

Grab Bag

Deaths: Former Rep. Sam Johnson, a Texas Republican who represented Dallas' northern suburbs from 1991 to 2019, died Wednesday at the age of 89. Johnson was the last Korean War veteran to serve in Congress, as well as a founding member of what later became the influential Republican Study Committee.

Johnson was serving as a fighter pilot in Vietnam in 1966 when his plane was shot down and he was captured by North Vietnamese forces. Johnson spent almost seven years as a prisoner of war, a period that included physical and mental torture. Johnson and another future Republican politician, John McCain, also shared a tiny cell for 18 months.

Johnson was released in 1973, and he went on to become a homebuilder back in Texas. Johnson was elected to the state House in 1984, and he sought an open U.S. House seat in a 1991 special election after Republican Steve Bartlett resigned to become mayor of Dallas. Johnson took second in the all-party primary against a fellow Vietnam veteran, former Reagan White House aide Tom Pauken, and the two met in an all-Republican general election. Johnson emphasized his military service and won 53-47, and he never had trouble winning re-election for the rest of his career.

In 2000, Johnson notably endorsed George W. Bush over McCain, saying of his former cellmate, "I know him pretty well … and I can tell you, he cannot hold a candle to George Bush." Three years later, though, McCain would say of the Texan, "I wasn't really as courageous as Sam Johnson." Johnson would ultimately back McCain in the 2008 primaries, arguing it was "time to get behind the front-runner."

Conservative courts order Wisconsin election to proceed—risks to health and democracy be damned

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

Leading Off

Wisconsin: A day of maximal chaos in Wisconsin ended with two conservative courts insisting Tuesday's election go forward and limiting absentee voting, moves that threaten to prevent countless voters from participating and render the results illegitimate.

On Monday afternoon, Democratic Gov. Tony Evers issued an executive order postponing the election—which includes a presidential primary and races for state and local office—to June 9. Republicans, however, have bitterly opposed such a delay and immediately challenged the order before the state Supreme Court. Hours later, the court's four conservatives who heard the case blocked Evers' order, with both liberal justices dissenting. As a result, the state was left with no choice but to proceed with in-person voting Tuesday, despite the serious risks to public health and a crippled elections infrastructure.

Not long thereafter, the U.S. Supreme Court overturned an order made last Thursday by a lower court, which said that voters could cast absentee ballots so long as election officials received them by April 13, regardless of when they were postmarked. In a 5-4 ruling—which, like the Wisconsin high court's decision, fell along strictly ideological lines—the court's conservatives ruled that all ballots must be postmarked by April 7.

This means that those who have the misfortune to receive their ballots late—a distinct possibility for many, given the huge surge in requests—now face an impossible choice, as Justice Ruth Bader Ginsburg noted in a dissent: They must either risk their health by voting in person on Tuesday, or disenfranchise themselves by not voting at all. The same holds true for anyone who was unable to request a ballot, as well as the many groups of voters who cannot vote by mail, such as those who are without housing.

Campaign Action

And for those who do choose to head to the polls, they face an elections infrastructure in shambles. Due to a shortage of poll workers, Milwaukee, the largest city in Wisconsin, was set to open just five polling sites, down from its usual 180. The same problem has plagued jurisdictions across the state. Many voters will therefore be deprived of their right to vote, and efforts to halt the spread of the coronavirus will be undermined.

But a deep cynicism motivates the right-wing hostility to letting voters participate in the election safely: With progressives mounting a competitive campaign to unseat an arch-conservative appointee of former Gov. Scott Walker on the state Supreme Court, Republicans appear to be counting on the pandemic to disproportionately suppress votes on the left.

In part that's because social distancing is more difficult in denser urban areas, which make up the bulk of the Democratic vote; voters in more sparsely populated rural areas are likely to be less deterred from voting in person, since they're apt to encounter fewer people at the polls or on their way there. In addition, polling shows Republicans are simply less concerned about the coronavirus in general, meaning they're more willing to ignore the danger to public health (and their own) that in-person voting poses.

And now, after decades of concerted effort, Republicans have succeeded in installing partisan ideologues on the bench—both federally and at the state level—who are only too happy to cloak the GOP's malevolent political goals in the language of legalese and bless them with the authority of the bench. In a searing irony, a message atop the Wisconsin Supreme Court's website explains that the courts are closed due to COVID-19—just above a link to the court's order saying Tuesday's election must take place despite COVID-19.

In his ruling last week delaying the deadline for absentee ballots to be received, Judge William Conley included a pregnant footnote. "The court will reserve," he wrote, "on the question as to whether the actual voter turnout, ability to vote on election day or overall conduct of the election and counting votes timely has undermined citizens' right to vote."

In other words, Conley suggested that he might entertain further challenges after the election if the all-important right to vote has been abridged in some way based on how the election is carried out. As things stand, it's impossible to see how those rights won't be sabotaged, but with the partisans in robes sitting above Conley, it's just as hard to see them permitting any remedy he might fashion to stand.

Election Changes

Please bookmark our statewide 2020 primary calendar and our calendar of key downballot races, both of which we're updating continually as changes are finalized.

Iowa: Republican Secretary of State Paul Pate says that he's considering the option of conducting November's general election entirely by mail. Previously, Pate said he'd mail absentee ballot applications to every active registered voter ahead of Iowa's June 2 downballot primaries. Pate says he considered making the primary all-mail but opted not to after talking to officials in Washington and Oregon, who described the long timeframes that had been needed to convert their states to mail voting.

Montana: Republican Secretary of State Corey Stapleton says that all 56 Montana counties plan to conduct the state's June 2 presidential and downballot primaries by mail, an option that Democratic Gov. Steve Bullock recently made available.

New Jersey: Democratic Gov. Phil Murphy says he'll be "stunned" if the state doesn't postpone its June 2 presidential and downballot primaries, promising a decision "pretty soon."

Virginia: Republicans in Virginia's 7th Congressional District have indefinitely postponed their April 25 convention and have voted to sue the Board of Elections to seek an exemption from Democratic Gov. Ralph Northam's ban on gatherings of more than 10 people. Officials are also considering alternate methods of conducting their convention, such as online or by mail. The committee must pick a nominee by June 9. Republicans in the 5th District, who face the same situation, are meeting on Sunday to discuss their plans.

1Q Fundraising

TN-Sen: Bill Hagerty (R): $1.2 million raised, $5.6 million cash-on-hand (note: Hagerty's campaign would not tell the Associated Press how much of his haul came from self-funding)

IA-03: David Young (R): $400,000 raised

MA-04: Jake Auchincloss (D): $474,000 raised, $947,000 cash-on-hand; Alan Khazei (D): $278,000, $783,000 cash-on-hand raised

NH-01: Matt Mowers (R): $354,000 raised, $315,000 cash-on-hand

TX-07: Wesley Hunt (R): $920,000 raised

TX-24: Kim Olson (D): $370,000 raised; Candace Valenzuela (D): $305,000 raised

Senate

KY-Sen: Senate Majority Leader Mitch McConnell recently went up with a commercial that praised him for the coronavirus economic bill, and Marine veteran Amy McGrath is now out with a response ad. The narrator declares that McConnell is "already taking a victory lap against the coronavirus in TV ads, even though medical experts say hundreds of thousands of Americans could die." The Democrat's ad also takes McConnell to task for blocking "emergency research until drug companies could overcharge for vaccines."

MI-Sen: The conservative think tank American Principles Project is out with a poll from the GOP firm Spry Strategies that gives Democratic Sen. Gary Peters a 42-40 edge over Republican John James.

South Dakota: Candidate filing closed last week for South Dakota's June 2 primary, and the state has a list of contenders available here. A primary runoff will take place on Aug. 11 in races where no candidate took more than 35% of the vote.

However, both the primary and the general election should be quiet this year in this very red state. GOP Sen. Mike Rounds faces an intra-party challenge from state Rep. Scyller Borglum, who raised very little cash in 2019. Rep. Dusty Johnson also drew a challenge from former state Rep. Liz Marty May, who narrowly lost re-election last cycle.

Gubernatorial

MT-Gov: On Monday, the Montana Federation of Public Employees endorsed Lt. Gov. Mike Cooney in the June Democratic primary. Cooney's campaign says that this is the state's largest union.

WV-Gov: Democratic state Sen. Ron Stollings is out with a spot ahead of the June primary focused on the coronavirus. Stollings, who works as a physician, appears in his lab coat and tells the audience, "Regarding the coronavirus, I'm so glad we were able to get $2 million in the budget to help fight that. That was my amendment."

Stollings spends the rest of the ad telling the audience to use "good common sense" during the pandemic. He says to "assume everyone has the coronavirus. They don't, but that way, you will socially distance yourself and you'll use hand washing techniques." He also urges the viewer, "Do not go around your loved ones, your older loved ones, if you're sick."

House

CA-25: The DCCC has launched a $1 million ad campaign against Republican Mike Garcia that the Los Angeles Times reports will run until the May 12 special election. Politico reports that $930,000 of this is going to cable TV and another $42,000 will be for Spanish-language commercials, while the balance will be for digital advertising.

The DCCC's opening spot alludes to the coronavirus without mentioning it directly: The narrator says, "More than ever we need a leader who will put our health and safety first." The commercial goes on to say, "But Mike Garcia would let insurance companies deny coverage for pre-existing conditions … and hike up costs for life-saving drugs." The commercial then praises Democrat Christy Smith for refusing to "take a dime from pharmaceutical companies."

The ad comes shortly after the NRCC also began spending here. Politico reports that the committee is deploying $330,000 for broadcast TV in addition to the $690,000 cable buy we noted last week.

FL-19: Physician William Figlesthaler uses his first ad ahead of the August GOP primary to tell the audience that "career politicians from both parties have failed" to handle the coronavirus. The candidate uses an image of Bernie Sanders to represent Democrats who "want socialized medicine," while the late John McCain stands in for the establishment Republicans Figlesthaler says "failed to implement President Trump's aggressive free market health care solutions."

KY-04: GOP Rep. Thomas Massie is up with an ad portraying him as a loyal Donald Trump ally while ignoring that Trump called him "a disaster for America, and for the Great State of Kentucky" less than two weeks ago. Massie also doesn't mention Todd McMurtry, who is his opponent in the June primary.

MI-13: Target-Insyght is out with a survey of the August Democratic primary conducted from March 31 to April 2 that gives Rep. Rashida Tlaib a 43-34 advantage in her rematch against Detroit City Council President Brenda Jones. Back in July, well before Jones kicked off her campaign, the same firm found Tlaib with a far larger 56-19 lead. Jones, who entered the race on March 25, announced on Thursday that she had tested positive for COVID-19 but added she was "not experiencing any of the horrific symptoms associated with the coronavirus."

NM-02: A recently formed super PAC called Citizens United for NM is spending at least $47,000 on a commercial attacking 2018 nominee Yvette Herrell ahead of the June GOP primary to take on Democratic Rep. Xochitl Torres Small. This group was created by Butch Mathews, who owns a trucking company that works in the state's oil and gas industry, and it donated to Herrell's main intra-party foe, oil businesswoman Claire Chase.

The commercial says that in 2016, Herrell sent out emails "to undermine Trump's campaign for president" and also "used taxpayer funds to attend an anti-Trump soiree at a San Diego hotel where they hung a Trump piñata from the ceiling." The commercial comes several months after Chase ran into problems when her old 2016 social media posts attacking Trump surfaced.

Virginia: Candidate filing closed last month for Virginia's June 9 primary, and the state now has a list of contenders.

Virginia allows parties to nominate candidates through party conventions or through a party-run firehouse primary, so not every November matchup will be decided in June. Both parties are holding primaries for Senate, but the situation varies in House seats: The GOP is hosting primaries in only five of the 11 congressional districts, while Democrats are doing primaries everywhere except for the safely red 9th Congressional District.

VA-02: Democrat Elaine Luria unseated Republican incumbent Scott Taylor 51-49 last cycle, and Republicans are hoping to take back this 49-45 Trump seat in the Virginia Beach area.

Taylor initially decided to launch a longshot challenge to Sen. Mark Warner, but he announced in January that he would instead seek a rematch against Luria. Navy veteran and 2010 candidate Ben Loyola was already running, though, and he decided to remain in the contest. Loyola has the support of former Rep. Scott Rigell, who defeated him 40-27 in the primary for an open seat in 2010 and retired in 2016. Navy veteran Jarome Bell is also running, but he didn’t report raising any money during the final months of 2019.

Taylor is the frontrunner to win the GOP nod, but Team Red may still benefit from a different nominee. Taylor’s staff was exposed during the 2018 campaign for forging signatures on behalf of Democrat-turned-independent Shaun Brown (who was booted off the ballot by a judge), and Democrats ran ads slamming Taylor's campaign for its skullduggery.

The story has not gone away since Taylor's defeat. Last month, a former Taylor staffer pleaded guilty for her part in the scheme, and the local prosecutor said the "investigation is still ongoing" and that we're "likely to see more" indictments to come. Taylor himself has consistently denied any knowledge of the scheme, but his staff had previously claimed the congressman was indeed aware of their plans.

VA-05: While the GOP opted to select its nominee through a convention, Democrats decided to hold a primary here instead. This seat, which includes Charlottesville and the south-central part of the state, moved from 53-46 Romney to 53-42 Trump, but Democrats are hoping that the ugly GOP nomination battle between freshman Rep. Denver Riggleman and Campbell County Supervisor Bob Good will give them an opening.

Four Democrats filed to compete in the primary. EMILY’s List is backing Claire Russo, while VoteVets is supporting fellow Marine veteran Roger Dean Huffstetler, who unsuccessfully ran here in 2018. Physician Cameron Webb and Rappahannock County Supervisor John Lesinski are also running.

House: House Majority PAC, which is the second-largest spender on House races among outside groups on the Democratic side, has announced that it's reserved a total of $51 million in fall TV time in 29 different media markets. We've assembled this new data into a spreadsheet, but as you'll see, it's organized by market rather than district, so we've also included our best guesses as to which House seats HMP is specifically targeting or defending.

The reason these buys are organized this way is because advertising can only be booked market by market. The geographic regions served by particular TV stations rarely correspond with political boundaries, and the reverse is true as well.

About half of the nation's 435 congressional districts are contained within a single media market, while the other half cross two or more (sprawling Montana's lone House district reaches into nine different markets, the most in the country). Conversely, all but a couple dozen of the 900-plus media markets in the U.S. overlap with two or more congressional districts; jumbo-sized New York City, for instance, covers all or part of 34 different House seats in four different states. Inevitably, this mismatch means that many TV watchers will wind up seeing ads for districts they don't live in.

Most importantly, these reservations give us an early window into which races HMP expects to be competitive, but they don't tell us everything. As Politico notes, most of these media markets will likely attract hordes of ad money from presidential and Senate campaigns, so HMP is reserving now to lock in cheaper rates before high demand for TV time brings prices up. HMP can afford to wait, though, to book ads in competitive House seats located in markets like Los Angeles and Salt Lake City since there won't be nearly as much competition for airtime there.

As we alluded to just above, HMP included several markets in this first wave of reservations that contain at least a portion of several different competitive House seats, most notably Philadelphia. If you're interested in knowing exactly which media markets cover which congressional districts across the country, naturally we've got all that data for you. It's what we used, in fact, to hone our guesses as to which seats HMP cares about.

However, it's still too early to know how much money the PAC will direct towards each race. Often, major outside groups will change their planning based on how individual contests seem to be shaping up.

In 2018, for instance, the NRCC reserved a large chunk of TV time in the pricey Miami media market but, initially, it only used those bookings to air ads defending Rep. Carlos Curbelo in Florida's 26th District. Late in the cycle, though, the NRCC put some of that reserved airtime to work in an effort to save the open 27th District, which it had previously appeared to give up on.

Around that same time, the committee made the opposite move in the Las Vegas market. The NRCC reserved millions there well before Election Day, and it initially seemed that it would spend to try to flip both Nevada's 3rd and 4th Districts. In October, though, the NRCC decided to direct all its money towards helping former Rep. Cresent Hardy in the 4th District, and it didn't end up spending in the 3rd District at all.

None of these deck chair rearrangements wound up mattering, though: Republicans ultimately lost all four of these races in what was a terrible year for the GOP. But they're a good reminder that TV reservations often do not reveal the entire House battlefield.

Other Races

WA-LG: Retiring Rep. Denny Heck recently filed paperwork with the state to run for lieutenant governor, though the Democrat has not said he’s in yet. The filing deadline for Washington’s August top-two primary is May 15.

Heck surprised political observers in December when he announced that he would not seek a fifth term in his reliably blue seat. In an unusually candid letter, Heck described both the many things he'd loved about serving in Congress but also admitted he'd grown "discouraged," explaining that "countless hours I have spent in the investigation of Russian election interference and the impeachment inquiry have rendered my soul weary." Last month, Democratic Lt. Gov. Cyrus Habib made an unexpected decision of his own when he revealed that he wouldn’t be seeking re-election and would instead leave politics to become a Jesuit.

If Heck goes forward with a campaign to succeed Habib, he’ll be the second retiring House member this cycle to run for a lieutenant governor’s post. Utah Rep. Rob Bishop confirmed back in July that he’d leave the House, and the Republican later announced in January that he’d serve as former state party chair Thomas Wright’s running mate.

However, both Heck and Bishop would be running for office under very different rules. In Utah, Wright and Bishop will either win or lose the June primary together as a ticket; if they clear the primary, they’d also both be elected or defeated together in the general election. In Washington, though, candidates for governor and lieutenant governor compete separately in both the top-two primary and the general election.

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

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

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

Leading Off

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

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

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

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

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

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

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

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

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

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

Election Changes

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

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

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

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

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

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

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

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

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

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

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

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

Senate

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

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

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

Gubernatorial

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

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

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

House

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

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

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

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

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

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

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

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

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

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

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

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

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

Virginia Governor Northam’s Gun Control Measure Fails

By Steve Pomper | February 18, 2020

It couldn’t have happened to a worse guy. It seems Virginia Gov. Ralph Northam’s attempt at fanatical gun control in the commonwealth is disintegrating. Even a Democrat-controlled state legislature couldn’t assure the “black faced” Gov’s “assault weapons” and “high-capacity magazine” (whatever those are) bans.

According to a report in the Washington Examiner, four Democrats, described as moderates, joined their Republican colleagues on a Senate committee, voting 10-5 to shelve the bill.

The bill would have outlawed the sales of AR-15-style rifles and the simple possession of magazines with capacities larger than 12 rounds. Ostensibly, the law was going to facilitate a state crime commission study. Barf! Lucid people don’t need to study the issue. They already know that law-abiding gun owners are not the problem; law-breaking criminals are.

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Other Virginia gun control measures under consideration include restricting the number of weapons an individual can purchase per month, expanding firearms background checks, and allowing jurisdictions to ban guns at certain locations.

Do these people really believe outlaws won’t bring guns to these “no-gun zones” because government bans them? No, really…this is a genuine question. Can the anti-gun Left really believe that? If they do, they are deluded. If they don’t, they are corrupt. Maybe a bit of both? Not sure which is worse.

In reaction to the anti-gun rights onslaught, 3CCorp.net reported “86 of Virginia’s 95 counties are now 2nd Amendment Sanctuaries.” The Examiner also wrote “15 [Virginia] towns and cities” have also declared they are Second Amendment Sanctuaries.

This anti-constitutional gun control juggernaut is not about saving lives. If it were, the Left would enforce current gun laws against criminals. This is about the Left usurping political power from the people.

It’s easier to enforce laws against the law-abiding. But as the pro-Second Amendment demonstration in Richmond last month showed, even the law-abiding have their limits beyond which they won’t allow an oppressive government to push them.

There are some other issues here. One is those “moderate” Democrats who crossed party lines did it for a reason. They heard from their constituents. The anti-gun Left hates to confront that many mainstream, normal Democrats also own guns and still believe in their right to self-defense as protected by the Second Amendment.

Another issue is the Left’s reluctance to enforce existing gun laws. Suddenly, those laws are racist, if mostly minority criminals happen to commit crimes with firearms in high minority-populated locations (against mostly minority victims).

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So, where are existing gun laws aimed at criminals not enforced? In Leftist-run jurisdictions. And where are they calling for more and more “common sense” gun control laws aimed at law-abiding gun owners? In Leftist-run jurisdictions.

So, again, what’s the anti-gun/anti-self-defense Left’s real motivation? You tell me. It’s certainly not public safety.

This piece originally appeared in LifeZette and is used by permission.

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The post Virginia Governor Northam’s Gun Control Measure Fails appeared first on The Political Insider.

This Week in Statehouse Action: Hocus Pocus Caucus Fracas edition

Why, hello there.

I’d like to welcome you to a safe, chill zone where the Iowa caucus debacle murmurs softly in the distance, like a kindly old wizard up in a tower casting a spell that will definitely end the world as we know it and bring about the rule of nameless horrors from beyond the stars …

Ahem.

Though we’re still waiting for Iowa caucus results, we need not wait for statehouse action, for statehouse action will not wait for us.

Scott Allen—Reconsiderer: In Wisconsin, white Republicans tried to hijack Black History Month … again.

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Last year, Republican lawmakers removed Colin Kaepernick, a Milwaukee native, from a Black History Month resolution drafted by Wisconsin’s Legislative Black Caucus that named specific honorees—ignoring the vocal objections of black lawmakers.

This year, GOP Rep. Scott Allen planned to introduce his own Black History Month resolution. Allen, who you’ll be just shocked to learn is white, didn’t see fit to consult his black colleagues before including several white people on his list. This quite understandably righteously outraged his colleagues of color. But would you believe that … Allen had a change of heart? He met and talked with members of the Legislative Black Caucus, and “as a result of those conversations,” he decided to scrap his crappy Black History Month proposal and asked black lawmakers for permission to sign onto their resolution, which is expected to pass the full legislature.

The Terrible Old Man: Virginia’s legislative session continues at full speed (they adjourn in early March, so yeah, they’re kind of in a rush), and the new Democratic majorities in the legislature keep doing pretty cool stuff.

This week, the General Assembly paved the way to become the first southern state with broad protections against LGBTQ discrimination in employment, housing, and public accommodations.

And Democrats continue to advance legislation that will allow localities to decide for themselves whether to remove Confederate monuments.

A 116-year-old law currently prevents local governments from actions that would “disturb or interfere with any monuments or memorials” erected to honor war veterans—even if that war was fought to maintain slavery and white supremacy. So cities and towns all over Virginia right now are totally stuck with their hate statuary. Democrats are trying to change that this year—to the dismay of many Republicans. So GOP Del. Wendell Walker came up with a truly brilliant troll. I mean, legendary. Why he’s not leading the Republican caucus, I’ll never understand. Total genius. Walker decided to make a point by introducing legislation to remove remove the statue of Democrat Harry Flood Byrd that stands sternly in Richmond’s Capitol Square. Byrd served as a Democratic state senator, U.S. senator, and Virginia governor over the course of his life, and for over 40 years, he led infamous Byrd Machine that maintained the dominance of white supremacy in the commonwealth’s politics. Byrd is most notorious for being the architect of Massive Resistance, the racist opposition to the U.S. Supreme Court’s ruling in Brown v. Board of Education that shut down schools across Virginia rather than integrate them and otherwise maintained segregation in the state’s schools for years. So yeah, Byrd was a monster. But because he was a Democrat, Walker thought that his colleagues across the aisle would both want to keep the statue and would think twice about empowering localities to remove Confederate statues.

Whoops

When Democrats began asking him if they could co-sponsor his bill, Walker began to realize his mistake. It turns out that a lot of Democrats are pretty jazzed about the legislation and very much would like to vote to remove the Byrd statue. So Walker tried to withdraw his bill. Democrats, so far, are having none of it. They’ve denied his initial request to strike the bill are forcing him to justify the move at a hearing.

The Lurking Fear: Last week in this space, I discussed new legislative district data that reveals a challenging but extremely viable path to a Democratic majority in the Michigan House.

Democrats, by the by, are four seats down (52 D/58 R).

Thanks to the work of the Daily Kos Elections squad, we know that Democrat Gretchen Whitmer carried 56 of the 110 seats in the state House—that magic number Democrats need to take the majority.

Democrats aren’t the only ones aware of this, though. Republicans have relied on their extremely effective partisan gerrymander to cling to their Michigan House majority since the 2010 wave—despite Democrats winning more votes in three of the last four elections. But now they’re buttressing that baked-in advantage with a whole lot of cash money. Michigan Republicans are entering the election cycle with a whopping $3 million in the bank, thanks in part to the late-year largesse of the DeVos clan (of which our awful Secretary of Education is a scion). In December, the DeVos fam gave over half a million dollars to legislative Republicans. Democrats are … behind. … by about $2.3 million. But having Republicans scared and flush is better than having them happy and flush, and progressives still have plenty of time to jump into these elections and invest in flipping this chamber.

The Nameless City: The GOP-controlled legislature in Florida is stripping control over local policy away from cities and towns all across the state, and these localities are starting to get pretty damn sick of it.

I’ve written a lot about these Republican preemption laws over the years—especially in the wake of one especially notorious measure in North Carolina that overturned a Charlotte city ordinance allowing folks to use the bathroom corresponding with the gender with which they identify.

You remember 2016’s Bathroom Bill, right?

One of the less-noticed phenomena of the GOP’s dominance in state legislatures over the past decade is the glut of preemption laws Republican lawmakers have been routinely using to undermine the local authority of (often more liberal) city and municipal governments. Theoretically, preemption measures are used establish a sort of hierarchy to prevent conflicts between state laws and local ordinances and ensure that statewide policies are generally applied uniformly. They’ve also been used to set a “floor” below which municipalities are not permitted to fall with regard to things like civil rights protections and employment and wage standards. Over the past nine years (read: since Republicans came into ginormous power in state legislatures after the 2010 elections), however, many state-level preemption efforts have been used to bar localities from addressing local problems and issues—and to expressly punish jurisdictions that suddenly find themselves in violation of these new laws. This tendency has been especially pronounced in the Sunshine State, which one advocacy group identifies as one of the four most aggressively preemptive states in the country. (The others are Texas, Arizona, and Tennessee.)

(And what do these four states have in common? All together, y’all: Republican-controlled state governments!)

Many of the preemption bills that pass in Florida are backed by corporate interests or eliminate civil rights protections. Among the things preempted in Florida are local control over providing paid sick leave, increasing the minimum wage, gun safety measures, and banning environmental hazards like styrofoam. In Key West, local officials banned a specific type of sunscreen made with chemicals that damage coral reefs—which are part of the foundation of the heavily tourism-dependent area. But now Johnson & Johnson, a major manufacturer of sunblock, is backing a state-level preemption law that could overrule the ban. Residents of Orange County went to the ballot box and approved a measure requiring local employers to offer paid sick leave. But then Disney World and Universal Studios, both major employers in the area, worked through a lobbying firm to block it through a new state law. A band of Democratic lawmakers, activists, environmental groups, labor organizations, and more have come together to fight back. The coalition is filing a raft of bills that would undo many of the preemption measures hog-tying localities and getting in the way of what’s known in Florida as “home rule.” Do any of these bills have a shot of passing the GOP-dominated legislature? Nope, not even a little. But the group is going to use these bills to raise awareness of just how much power Republicans in Tallahassee have stripped from local governments all across the state in recent years and to begin a long-term campaign to return power to the people of Florida.

Welp, that’s all for this week. And what a week it’s been, huh? Caucus debacle, impeachment acquittal, Trump lickspittles, novel coronavirus transmittals, I’m all out of Skittles …

Anyway, you should maybe knock off early, get a jump on the weekend. Maybe you’ve got wood to whittle. Just print this out and show it to your boss, I bet she’ll give you that workday remittal.