Tag: voting

Supreme Court to hear case on GOP ‘independent legislature’ theory that could radically reshape elections

Posted on by Lone Candle

“The North Carolina Supreme Court ruled in February that the state’s congressional maps violated the state constitution by illegally favoring Republicans. The map — drawn by GOP legislators — could have given the party control of as many as 11 of the closely divided state’s 14 districts.

But the Republican legislators argued in an appeal to the U.S. Supreme Court that the state court had extremely limited authority to police the legislature on federal election matters — a theory known as the “independent state legislature” theory.

The theory holds that state legislatures have near-uncheckable authority to set procedures for federal elections — and state courts have either a limited or even no ability to rule on those laws. The theory is based on a pair of clauses in the constitution, the Electors Clause and the Elections Clause, that mention state legislatures but do not explicitly mention the judiciary.

Republicans have increasingly promoted the theory as a way around state courts that have recently struck down redistricting maps as partisan gerrymanders.

“Some provisions of the Constitution are subject to reasonable debate. Others are not,” read a friend of the court brief from the Republican National Committee and other GOP committees earlier this year.

“Absent from the constitutionally mandated order of authority is any role for the state judiciary,” the brief continued. “Notwithstanding this omission, certain state and commonwealth courts have taken it upon themselves to appropriate the processes that belong to the politically accountable branches of government.”

A Supreme Court ruling that state legislatures alone have the power to make decisions about federal elections, within the boundaries set by federal law, could have a dramatic impact on redistricting processes and election procedures.

Actions by state legislatures could still be subject to challenge in federal courts, but state courts and even governors could be sidelined under the most expansive interpretations of the “independent state legislature” theory.

With 30 state legislatures currently in Republican hands, GOP state legislative leaders would be strongly positioned to skew maps in their party’s favor and to make changes Republican have sought to voting procedures.

Four conservative justices — Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh — have signaled at least an openness to some version of the theory.

The theory was also central to then-President Donald Trump’s ultimately unsuccessful attempt to get states to appoint a slate of alternate electors in the 2020 presidential contest.

The court is likely to hear arguments in the case late this fall or early next year. The Supreme Court is also set to hear arguments in October in the case Merrill v. Milligan, which election lawyers and civil rights groups worry could undermine the Voting Rights Act.”

The Supreme Court just handed down very bad news for Black voters

Posted on by Lone Candle

“The Supreme Court handed down a brief order Tuesday evening that effectively reinstates racially gerrymandered congressional maps in the state of Louisiana, at least for the 2022 election.

Under these maps, Black voters will control just one of Louisiana’s six congressional seats, despite the fact that African Americans make up nearly a third of the state’s population. Thus, the Court’s decision in Ardoin v. Robinson means that Black people will have half as much congressional representation as they would enjoy under maps where Black voters have as much opportunity to elect their own preferred candidate as white people in Louisiana.

A federal trial court, applying longstanding Supreme Court precedents holding that the Voting Rights Act does not permit such racial gerrymanders, issued a preliminary injunction temporarily striking down the Louisiana maps and ordering the state legislature to draw new ones that include two Black-majority districts. Notably, a very conservative panel of the United States Court of Appeals for the Fifth Circuit denied the state’s request to stay the trial court’s decision — a sign that Louisiana’s maps were such a clear violation of the Voting Rights Act that even one of the most conservative appeals courts in the country could not find a good reason to disturb the trial court’s decision.

As the Fifth Circuit explained, current law typically forbids maps that dilute a particular racial group’s voting power, at least when that group is “sufficiently large and compact to form a majority” in additional congressional districts, when it “votes cohesively” and when “whites tend to vote as a bloc” to defeat the minority group’s preferred candidates.

Nevertheless, the Supreme Court voted 6-3 along party lines to stay the trial court’s injunction, effectively reinstating the gerrymandered maps. The Court’s order is only one page, and it provides no substantive explanation of why the Court’s Republican appointees voted to effectively strip Black Louisianans of half of their representation in the US House of Representatives.”

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“Taken together, the Court’s orders in Merrill, Ardoin, and the Wisconsin case suggest that the justices are skeptical of current rules, which provide fairly robust protections against racial gerrymandering, and plan to replace those rules with a new regime that is likely less friendly to Black voters — and most likely to minority voters generally. None of these three orders was particularly well explained, but the pattern is that, in each case, the Court ruled against efforts to draw maps that expand Black political power.”

Elections Are Too Online

Posted on by Lone Candle

“In theory, voting machines are already offline, even air-gapped. In practice, however, “many polling places around the country transmit voting results to their county election offices via modems embedded in or connected to their voting machines,” The New York Times reported in 2018, and that’s a point of internet access. Independent investigators in 2019 said they found “nearly three dozen backend election systems in 10 states connected to the internet,” including systems in swing states Wisconsin, Michigan, and Florida—just a “few” weak points. The nonpartisan National Election Defense Coalition says the “assertion that voting machines or voting systems can’t be hacked by remote attackers because they are ‘not connected to the internet'” is a “myth” and has called for results to be transmitted by offline methods, like USB sticks.

That sort of tool would work because the proposal here isn’t that we return to paper ballots in a wooden box or hand-written voter rolls. Paper and the trail it leaves have an important place in electoral security, but I’m not suggesting a completely nondigital approach. We can still have machines as the main counting mechanism, a useful timesaver in uncontested races. Likewise, election authorities can continue to manage voter databases with computers.

Think 1990, not 1890—there’s no need to go full Luddite. But we should disconnect our voting processes from the internet where it’s feasible. We already know online voting is insecure, and given the detrimental effects even small hacks could have on Americans’ confidence in our election outcomes, we’d be wise to harden electoral targets against digital attacks.”

Pollsters prepare for major changes after presidential election misses

Posted on by Lone Candle

“Pollsters are increasingly embracing new methods in the run-up to the 2022 midterms after notable misses in recent races. Front of mind is the looming 2024 election cycle, when former President Donald Trump — whose support among the electorate has bedeviled pollsters trying to measure it for the past seven years, including missing low on Trump’s vote before his 2016 win and underestimating the closeness of his 2020 loss — could be on the ballot for the third consecutive presidential election.”

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“Increasingly, pollsters across the field favor combining multiple methods of contact in the same poll, seeking to include the hardest-to-reach Americans.”

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“It’s already happening across the board. After ending their more-than-30-year partnership with NBC News after the 2020 election, the Wall Street Journal’s new poll — a cooperative effort between the pollsters for both Trump and President Joe Biden — reaches a quarter of its respondents via text message. The technique, called “text-to-web,” sends a link to an internet survey, and those interviews are added to others conducted by voice over landlines and cell phones.
Over the past year, CNN’s polling has spanned a wide range of methods. Conducted both over the phone and the internet, some polls are conducted from respondents who have joined a panel maintained by SSRS, the Pennsylvania-based company that conducts polls for CNN and other outlets. But the samples for two other CNN polls — one earlier this year and one in the summer of 2021 — were obtained by mailing solicitations to people at home and asking them to participate, either on the phone or the web.

Prior to last summer, all of CNN’s national polling had been conducted by phone.

Large media outlets have experimented with emerging methodologies before. CBS News and The New York Times did some of the first major media polling over the internet in 2014.”

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“as Americans become increasingly more difficult to reach, traditional methods are becoming more untenable.

“These things are only getting harder,” said one pollster who was granted anonymity to offer a candid assessment of the state of the industry. “So if you’re just doing the same thing, it’s only going to get worse.”

The innovations are not limited to sampling and data collection. But devising new weighting parameters — ways to adjust the results to better reflect the electorate — is more difficult. That’s because one of the main culprits of the 2020 election miss appears to be people who don’t respond to polls — so-called “nonresponse bias.” Voters in that group were more likely to support Trump, which made it harder for polls to reflect the true measure of his support.”

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“some of the new proposals include weighting data to some social benchmarks, like the percentage of people who know and talk to their neighbors, or who volunteer in their community. Others suggest asking whether people trust media or polling in order to determine if their sample is too establishment-friendly.

The implementation of new methods is also happening at the campaign level, though to a lesser degree. Campaign pollsters — whose jobs involve giving candidates and outside groups strategic advice more than simply measuring the horse race — are dipping their toes tentatively into less-familiar waters.

In general, Democratic firms — many of which banded together after the 2020 election to study went wrong — are more open to experimentation.”

Everything You Need To Know About the Special Election In Alaska

Posted on by Lone Candle

“the primary is plenty interesting on its own. First of all, it will winnow a field of 48 candidates(!) down to four. Why four and not two? Because following the passage of an election-reform ballot measure in 2020, Alaska now uses a unique top-four primary system whereby all candidates (regardless of party) run on the same ballot and the top four finishers advance to the general election. (In a further twist, the general election will also use ranked-choice voting.) “

Florida, Tennessee Ban Ranked-Choice Voting Despite Citizen Support

Posted on by Lone Candle

“On Monday, Republican Florida Gov. Ron DeSantis signed a massive election bill into law that creates a special squad to investigate election fraud and crimes and increases some criminal penalties for some election-related violations.

But that’s not all. Buried on page 25 of the 47-page bill is a complete ban on the use of ranked-choice voting anywhere in the state, regardless of what voters might want. In this case, it’s the voters of Sarasota, who overwhelmingly decided in 2007 (with 77 percent in favor) to switch to this type of voting for local elections.

A similar ban was passed in February in Tennessee. There the target was the city of Memphis, where voters first decided they wanted ranked-choice voting back in 2008. The City Council itself resisted the change and attempted to get voters to repeal the system in 2018, but voters instead still chose to keep ranked-choice by 62 percent. Nevertheless, S.B. 1820 will stop Memphis (and any other municipality or county in Tennessee) from using ranked-choice voting to determine election results.

In Tennessee, the bill’s sponsor, state Sen. Brian Kelsey (R–Germantown), made a typical claim by ranked-choice opponents—that it’s a “very confusing and complex process that leads to lack of confidence.” This is belied by the fact that voters keep choosing it when given the option to do so.

There’s a lesson here on how some of the resistance to certain election reforms is actually about entrenched political interests protecting themselves from electoral consequences.

Ranked-choice voting is a system where voters don’t just choose a single candidate over the others. Instead, voters are invited to rank candidates by preference. In a slate of five candidates, a voter can choose a favorite, then rank the rest as a second-choice, third-choice, et cetera.

When votes in this system are tabulated, a single candidate must receive a majority of the vote, not just the most votes, in order to win. If a single candidate doesn’t surpass the 50 percent threshold, the candidate receiving the least number of votes is disqualified. Then the votes are retallied. For those who chose that last-place candidate as their first pick, instead their second choice is now their vote. The process repeats until a single candidate gets the most votes.

One of the stated goals for proponents of ranked-choice voting is to avoid a situation where, due to the size of the candidate pool, a person is declared a winner with just 30 percent of the vote or even less. Under the status quo, a candidate with polarizing positions that appeal to a small but committed group of voters can overcome the majority if votes get split among three, four, or more candidates.

Ranked-choice voting therefore also creates a system where third-party and independent candidates can have impact without voters having to worry about allegedly “throwing their vote away” or choosing a so-called “spoiler” who can’t win but can draw votes away from a similar candidate. A voter can select a Libertarian Party or Green Party candidate or an independent candidate as their first choice. Then, the voter can select a more conventional Democrat or Republican candidate as the second choice, knowing that they can have their values reflected in initial results without losing their voice entirely.”

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“Unsurprisingly, politicians who benefit from a highly polarized environment wouldn’t want an election system that encourages alternatives. Florida’s politics these days can most certainly be described as “polarizing.””