Electionland 2020: Florida Felon Voting, Election Websites, DOJ Policies and More

Electionland 2020: Florida Felon Voting, Election Websites, DOJ Policies and More


This article originally appeared on ProPublica.org, a Pulitzer Prize-winning investigative newsroom. 

New From ProPublica

In Florida, the Gutting of a Landmark Law Leaves Few Felons Likely to Vote

State officials don’t know how many felons are registered or eligible to vote. So we did our own analysis and found only a very small percentage of them will be able to cast ballots this election. Some could face prosecution if they do. Read the story from The Tampa Bay Times and ProPublica.

DOJ Frees Federal Prosecutors to Take Steps That Could Interfere With Elections, Weakening Long-standing Policy

In an internal announcement, the Justice Department created an exception to a decadeslong policy meant to prevent prosecutors from taking overt investigative steps that might affect the outcome of the vote. Read the story.

The Justice Department May Have Violated Attorney General Barr’s Own Policy Memo

In a memo from May, the attorney general reminded Justice Dept. prosecutors to avoid partisan politics. Then a U.S. attorney in Pennsylvania announced an election investigation that had partisan overtones. Read the story.

Your Guide to Voting in Illinois

Everything you need to know about local election deadlines, what the pandemic has changed and casting your ballot so it counts. Read the story.

Vote by Mail News

  • The Postal Service is reporting some of its worst mail delays since operations bogged down in July and August, according to internal documents filed in federal court. The on-time delivery of first-class mail ― which includes absentee ballots and other election materials ― fell 4.5% over a two-week period this fall, but deliveries of magazines and marketing mail were not affected. USPS hasn’t explained the disparity. (CNN)
  • Texas Governor Greg Abbott issued an order that will limit drop-off locations for absentee ballots to just one per county. Partisan poll watchers will also be allowed to monitor those sites, Abbott said, in an effort to “ensure greater transparency.” (Texas Tribune)
  • After losing a court appeal, Ohio’s secretary of state said counties can now each install more than one ballot drop box, but the new boxes can only be placed at county election headquarters. (Cincinnati Enquirer)
  • A Rochester, N.Y. printing company defended its political leanings and blamed a computer glitch for misprinting ballot return envelopes for thousands of voters in Brooklyn and Long Island. (Rochester Democrat & Chronicle, The City)
  • North Carolina’s Board of Elections is telling voters to ignore more than 11,000 ballot applications that were pre-filled with incorrect information and mailed out by a third-party vendor. (WBTV)
  • Thousands of voters in Gwinnett County, Ga., are waiting longer than usual for their absentee ballots after the county enlarged its envelopes as part of a court settlement. The envelopes now feature larger font and clearer instructions, but take extra time to process. (Atlanta Journal Constitution)
  • The head of elections in Volusia County, Fla., said it’s perfectly legal to seal ballot envelopes with tape, after some first-time mail voters struggled with the adhesive strip. (Daytona Beach News-Journal)
  • But the town clerk in Cottage Grove, Wisconsin, warned that taped envelopes could be flagged as suspicious or fraudulent. A state elections spokesman clarified that usually applies to ballots that have clearly been reopened, then taped shut. (Herald-Independent)
  • Michigan election officials will be allowed to start prepping ballots on the morning of Nov. 2, ahead of the official count on Election Day. (WNDU)
  • Voters in the remote community of Torrey, Utah are trying to figure out how to cast ballots in the state’s mail-in election after their only post office shut down. (The Spectrum)
  • More than 25 states use “signature matching” in an effort to verify ballots against existing registration files and prevent fraud. But even when multiple judges or software programs are deployed, the results can vary widely. One elections expert said consistency is key. (The New York Times)

Election Website Issues

  • Pennsylvania’s voting website crashed for more than 40 hours this weekend. (Philadelphia Inquirer)
  • One third of county election websites in Kansas and Missouri are not secure, according to an analysis by The Beacon. (The Beacon)
  • Technology failures with Florida’s online voter registration tool has frustrated people trying to register to vote. The website crashed on the last day to register for the Nov. 3 election. State officials blamed a misconfigured computer server for the glitch. (Miami Herald, AP)
  • Florida officials responded by extending the registration deadline by one day, while an advocacy group filed a lawsuit to buy voters more time. (WMFE, Tallahassee Democrat)

In-Person Voting

  • On Monday, Detroit opened 23 satellite centers for early voting, plus seven absentee ballot drop boxes, after problems with its August primary. (WZXY)
  • As the GOP prepares to field 50,000 carefully trained election volunteers, the president’s rhetoric continues to raise concerns over voter intimidation. The Republican effort will reportedly station monitors at traditional polling places alongside early voting sites and ballot drop boxes. (The New York Times, Reuters)
  • Election administrators, law enforcement and federal officials are increasingly concerned about the possibility of disruptions, or even violence, on Election Day. (The New York Times, The Washington Post)
  • Georgetown Law created fact sheets on each state’s laws about private militia groups and what to do if they are at a polling place or registration drive. The Giffords Law Center has published a state-by-state guide to the laws around voter intimidation and having firearms at the polls (Georgetown Law, Giffords Law Center)
  • Iowa unveiled an updated voter registration form which reflects an August executive order that restored voting rights for thousands of felons in the state. (Des Moines Register)
  • In Milwaukee, Wisconsin, libraries are serving as early voting sites, hosting ballot drop boxes and providing a place for voters to get help registering, requesting an absentee ballot and more. (Milwaukee Journal Sentinel)
  • At least 33 states are asking voters to wear masks at the polls this year and are contending with how to respond when voters refuse. (ABC News)
  • For voters who decline to wear a mask inside their polling place, Connecticut plans to provide a curbside option. (The Middletown Press)
  • The Broward County, Florida, commission is urging its election supervisor to separate maskless voters. (Sun Sentinel)

The Latest on Misinformation

  • Unfounded comments by President Donald Trump about corruption at the polls in Philadelphia prompted city officials to prepare for possible voter intimidation on Election Day. (Philadelphia Inquirer)
  • Nearly every claim about mail-in voting made by Trump during the first presidential debate was partially or completely inaccurate, according to a fact check by CNN. (CNN)
  • False beliefs about election fraud are largely fueled by political elites and conservative-leaning mass media outlets repeating Trump’s claims, without framing it as disinformation, according to a new working paper. (Berkman Klein Center)
  • Michigan’s secretary of state asked the state’s attorney general to investigate a GOP press release making allegations about an unlocked ballot drop box, claiming the party is spreading misinformation. (Detroit News)
  • Alabama’s secretary of state told voters to ignore voting mailers from a third party group in Texas telling them that they’re not registered to vote. (AL.com)
  • Officials from Pope County, Arkansas warned voters to beware of a phone scam asking people for their social security number in order to receive a vote-by-mail ballot. (Arkansas Democrat Gazette)
  • Two conservative operatives were charged with felonies for robocalls aimed at dissuading Detroit residents in majority-Black areas from voting by mail. (Associated Press)

The Latest Lawsuits

 

Electionland 2020: Florida Felon Voting, Election Websites, DOJ Policies and More

Electionland 2020: Florida Felon Voting, Election Websites, DOJ Policies and More


This article originally appeared on ProPublica.org, a Pulitzer Prize-winning investigative newsroom. 

New From ProPublica

In Florida, the Gutting of a Landmark Law Leaves Few Felons Likely to Vote

State officials don’t know how many felons are registered or eligible to vote. So we did our own analysis and found only a very small percentage of them will be able to cast ballots this election. Some could face prosecution if they do. Read the story from The Tampa Bay Times and ProPublica.

DOJ Frees Federal Prosecutors to Take Steps That Could Interfere With Elections, Weakening Long-standing Policy

In an internal announcement, the Justice Department created an exception to a decadeslong policy meant to prevent prosecutors from taking overt investigative steps that might affect the outcome of the vote. Read the story.

The Justice Department May Have Violated Attorney General Barr’s Own Policy Memo

In a memo from May, the attorney general reminded Justice Dept. prosecutors to avoid partisan politics. Then a U.S. attorney in Pennsylvania announced an election investigation that had partisan overtones. Read the story.

Your Guide to Voting in Illinois

Everything you need to know about local election deadlines, what the pandemic has changed and casting your ballot so it counts. Read the story.

Vote by Mail News

  • The Postal Service is reporting some of its worst mail delays since operations bogged down in July and August, according to internal documents filed in federal court. The on-time delivery of first-class mail ― which includes absentee ballots and other election materials ― fell 4.5% over a two-week period this fall, but deliveries of magazines and marketing mail were not affected. USPS hasn’t explained the disparity. (CNN)
  • Texas Governor Greg Abbott issued an order that will limit drop-off locations for absentee ballots to just one per county. Partisan poll watchers will also be allowed to monitor those sites, Abbott said, in an effort to “ensure greater transparency.” (Texas Tribune)
  • After losing a court appeal, Ohio’s secretary of state said counties can now each install more than one ballot drop box, but the new boxes can only be placed at county election headquarters. (Cincinnati Enquirer)
  • A Rochester, N.Y. printing company defended its political leanings and blamed a computer glitch for misprinting ballot return envelopes for thousands of voters in Brooklyn and Long Island. (Rochester Democrat & Chronicle, The City)
  • North Carolina’s Board of Elections is telling voters to ignore more than 11,000 ballot applications that were pre-filled with incorrect information and mailed out by a third-party vendor. (WBTV)
  • Thousands of voters in Gwinnett County, Ga., are waiting longer than usual for their absentee ballots after the county enlarged its envelopes as part of a court settlement. The envelopes now feature larger font and clearer instructions, but take extra time to process. (Atlanta Journal Constitution)
  • The head of elections in Volusia County, Fla., said it’s perfectly legal to seal ballot envelopes with tape, after some first-time mail voters struggled with the adhesive strip. (Daytona Beach News-Journal)
  • But the town clerk in Cottage Grove, Wisconsin, warned that taped envelopes could be flagged as suspicious or fraudulent. A state elections spokesman clarified that usually applies to ballots that have clearly been reopened, then taped shut. (Herald-Independent)
  • Michigan election officials will be allowed to start prepping ballots on the morning of Nov. 2, ahead of the official count on Election Day. (WNDU)
  • Voters in the remote community of Torrey, Utah are trying to figure out how to cast ballots in the state’s mail-in election after their only post office shut down. (The Spectrum)
  • More than 25 states use “signature matching” in an effort to verify ballots against existing registration files and prevent fraud. But even when multiple judges or software programs are deployed, the results can vary widely. One elections expert said consistency is key. (The New York Times)

Election Website Issues

  • Pennsylvania’s voting website crashed for more than 40 hours this weekend. (Philadelphia Inquirer)
  • One third of county election websites in Kansas and Missouri are not secure, according to an analysis by The Beacon. (The Beacon)
  • Technology failures with Florida’s online voter registration tool has frustrated people trying to register to vote. The website crashed on the last day to register for the Nov. 3 election. State officials blamed a misconfigured computer server for the glitch. (Miami Herald, AP)
  • Florida officials responded by extending the registration deadline by one day, while an advocacy group filed a lawsuit to buy voters more time. (WMFE, Tallahassee Democrat)

In-Person Voting

  • On Monday, Detroit opened 23 satellite centers for early voting, plus seven absentee ballot drop boxes, after problems with its August primary. (WZXY)
  • As the GOP prepares to field 50,000 carefully trained election volunteers, the president’s rhetoric continues to raise concerns over voter intimidation. The Republican effort will reportedly station monitors at traditional polling places alongside early voting sites and ballot drop boxes. (The New York Times, Reuters)
  • Election administrators, law enforcement and federal officials are increasingly concerned about the possibility of disruptions, or even violence, on Election Day. (The New York Times, The Washington Post)
  • Georgetown Law created fact sheets on each state’s laws about private militia groups and what to do if they are at a polling place or registration drive. The Giffords Law Center has published a state-by-state guide to the laws around voter intimidation and having firearms at the polls (Georgetown Law, Giffords Law Center)
  • Iowa unveiled an updated voter registration form which reflects an August executive order that restored voting rights for thousands of felons in the state. (Des Moines Register)
  • In Milwaukee, Wisconsin, libraries are serving as early voting sites, hosting ballot drop boxes and providing a place for voters to get help registering, requesting an absentee ballot and more. (Milwaukee Journal Sentinel)
  • At least 33 states are asking voters to wear masks at the polls this year and are contending with how to respond when voters refuse. (ABC News)
  • For voters who decline to wear a mask inside their polling place, Connecticut plans to provide a curbside option. (The Middletown Press)
  • The Broward County, Florida, commission is urging its election supervisor to separate maskless voters. (Sun Sentinel)

The Latest on Misinformation

  • Unfounded comments by President Donald Trump about corruption at the polls in Philadelphia prompted city officials to prepare for possible voter intimidation on Election Day. (Philadelphia Inquirer)
  • Nearly every claim about mail-in voting made by Trump during the first presidential debate was partially or completely inaccurate, according to a fact check by CNN. (CNN)
  • False beliefs about election fraud are largely fueled by political elites and conservative-leaning mass media outlets repeating Trump’s claims, without framing it as disinformation, according to a new working paper. (Berkman Klein Center)
  • Michigan’s secretary of state asked the state’s attorney general to investigate a GOP press release making allegations about an unlocked ballot drop box, claiming the party is spreading misinformation. (Detroit News)
  • Alabama’s secretary of state told voters to ignore voting mailers from a third party group in Texas telling them that they’re not registered to vote. (AL.com)
  • Officials from Pope County, Arkansas warned voters to beware of a phone scam asking people for their social security number in order to receive a vote-by-mail ballot. (Arkansas Democrat Gazette)
  • Two conservative operatives were charged with felonies for robocalls aimed at dissuading Detroit residents in majority-Black areas from voting by mail. (Associated Press)

The Latest Lawsuits

 

Royce West helped flip Dallas County for Democrats in 2006. Could he flip Texas in 2020?

Royce West helped flip Dallas County for Democrats in 2006. Could he flip Texas in 2020?

State Sen. Royce West, D-Dallas, is hoping his decades of experience at the Texas Capitol set him apart in the 2020 Democratic primary for U.S. Senate. Photo credit: Miguel Gutierrez Jr./The Texas Tribune

Royce West helped flip Dallas County for Democrats in 2006. Could he flip Texas in 2020?” was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.


Royce West was not on the ballot in 2006, the year Democrats swept Dallas County and wrested a GOP stronghold into Democrats’ firm grip. But the longtime state senator still earned a spot onstage at the Adam’s Mark Hotel for the victory party, memorably mimicking a Johnny Carson golf swing and serving as hype man for the members of his party who joined him that night in elected office.

“All these Democrats,” he told winning candidates late that night, as favorable returns poured in, “they are fired up.”

And when a reporter turned to him, he summed it up nicely.

“Democrats have long been on the outside looking in,” West told The Dallas Morning News. “We now have the leadership of this county.”

Thirteen years ago, West was a pivotal player in a campaign to flip Dallas County the same way his party now hopes to flip Texas. This year, West aims to be on the ballot himself if the big swing comes, competing against Republican incumbent U.S. Sen. John Cornyn, who is expected to easily win his own primary. But first, West, the elder statesman in a crowded field with no clear front-runner, has to make it through the March 3 primary.

In 2006, West helped engineer a turnout machine that capitalized on demographic changes to the county, propelling Democrats to victory with the support of black and Hispanic voters. That strategy became a model for flipping other Texas districts and will undergird the Democratic approach in 2020. As he sprints toward this year’s primary, with early voting starting Feb. 18, the 27-year state senator said he’s looking back to 2006 for “the formula that it takes in order to get it done.”

“Look at Dallas County, and Harris County, which just turned blue. You’ve gotta be able to put together coalitions,” he said. “That’s the lesson that I’ve learned.”

“Power broker”

The first clues that Dallas County might be ripe for a turnover came in 2004.

George W. Bush beat John Kerry there by nearly 10,000 votes, and Republican candidates for Railroad Commission and Texas Supreme Court won the county. But on the same election night, Dallas Democrat Lupe Valdez shocked the nation by becoming the first openly gay Hispanic woman elected sheriff in the United States. And more Democrats than Republicans pulled the straight-party lever to vote for every candidate on the party’s slate.

A small group of Democrats gathered at West’s law office and began to sketch plans, recalled Domingo Garcia, a former state representative from the area who is now the national president of League of United Latin American Citizens. (LULAC is neutral in the race.) Demographic shifts were benefitting Democrats as white people moved out of the county and black and Hispanic families moved in. The Democratic vote in the county had increased 2 points every election cycle since 1998, the party’s statisticians reported. If Democrats in 2006 could turn out unprecedented numbers of voters of color and build coalitions with white Democrats, they could seize control of the county.

According to interviews with five of the operation’s key players, West was a critical leader of the coordinated campaign, a “trusted messenger” to African American communities both inside and outside his South Dallas district, and a major credibility booster to donors who might otherwise have been skeptical of the effort’s viability. He went on the radio, appeared in television ads, attended church with the Democratic nominee for governor and sponsored fish fries.

“Royce had been an elected official in the area for a long time,” said Matt Angle, a Democratic operative who worked on the campaign. “He did enough work on television, got on the radio enough, that his voice had influence on African American voters beyond the boundaries of his district.”

After 5 p.m., West’s law office and others’ offices turned into phone banks. Volunteers stayed on the lines until 9 p.m., as Garcia recalled. They dialed up “people who had never been called before,” Garcia said — part of an effort to expand the Democratic base. Dozens of judicial candidates pooled resources to fund the campaign.

It was West’s idea, Garcia said, to bus voters straight from church to the polls — an effort that shot up turnout in African American and Hispanic communities on an early voting “Super Sunday.”

West spent thousands of his own campaign funds on a race he was not competing in. When donors were skeptical — could Dallas County ever go blue? — he vouched for the effort, securing crucial dollars.

And West, allies said, was determined to get out the vote in his own district — critical work that many politicians are unwilling to take on when their own seats are not at stake.

“If Royce West’s district did not turn out, we would not have gotten over the line. That’s a fact,” said Jane Hamilton, a Democratic consultant who led the effort.

The result: A Democrat, Jim Foster, won the county’s chief executive job; Dallas elected its first black district attorney, Democrat Craig Watkins, who wept before he took the stage on election night. Dozens of Democrats won benches from Republican judges. And West gained credibility as a political leader.

“He became the power broker of Dallas County,” Garcia said. “Everybody who was running statewide or countywide knew that they had to make a stop at Sen. West’s office. And his support could make you or break you in a countywide race.”

Photos COPYRIGHT Bob Daemmrich 1997, 1999, 2001. All rights reserved. Sen. Royce West in action at the Texas Senate. Year is shown in the file name. Talking with left to right, Rick Perry, Royce West, Teel Bivins and Troy Fraser.

Photos COPYRIGHT Bob Daemmrich 1997, 1999, 2001. All rights reserved.Sen. Royce West in action at the Texas Senate. Year is shown in the file name. Talking with left to right, Rick Perry, Royce West, Teel Bivins and Troy Fraser. Bob Daemmrich/BDP, Inc.

Photos COPYRIGHT Bob Daemmrich 1997, 1999, 2001. All rights reserved. Sen. Royce West in action at the Texas Senate. Year is shown in the file name. Talking with Sen. Florence Shapiro.

Photos COPYRIGHT Bob Daemmrich 1997, 1999, 2001. All rights reserved.Sen. Royce West in action at the Texas Senate. Year is shown in the file name. Talking with Sen. Florence Shapiro. Bob Daemmrich/BDP, Inc.

Photos COPYRIGHT Bob Daemmrich 1997, 1999, 2001. All rights reserved. Sen. Royce West in action at the Texas Senate. Year is shown in the file name. Praying with Sen. Carlos Truan and Rodney Ellis and Irma Rangel. Mario Gallegos on the left.

Photos COPYRIGHT Bob Daemmrich 1997, 1999, 2001. All rights reserved.Sen. Royce West in action at the Texas Senate. Year is shown in the file name. Praying with Sen. Carlos Truan and Rodney Ellis and Irma Rangel. Mario Gallegos on the left. Bob Daemmrich/BDP, Inc.

Coalition builder

Now the North Texas kingmaker is leaning on those relationships and that record as he competes in his most difficult political fight in decades, battling 11 opponents for a chance to take on Cornyn. West’s team hopes name recognition and support in the Dallas area will get him to the May 26 runoff election, when the top two vote-getters from March’s primary will compete for the party’s nomination.

Coalition building defined West’s long political career. He has the endorsement of all but one of his Democratic Senate colleagues, as well as Houston Mayor Sylvester Turner, who backed West as the “best choice not just for Houston, but for Texas” over a Houston City Council member and a former Houston congressman.

“My path is to make sure, No. 1, I unify African American and Latino voters in the state of Texas,” West said, harkening back to the approach that won his county in 2006. He cited an endorsement from the Texas Tejano Democrats and his top vote-getter status in a recent statewide poll conducted by the Texas Coalition of Black Democrats as evidence that he’s done that.

At the Texas Capitol, West muscled through funding for a new University of North Texas campus in South Dallas, the first public university in the area. He takes pride in a 2009 law that offers stipends to family members who take in children who would otherwise grow up in foster care and a measure establishing dash camera requirements for police officers.

All, he said, required building bipartisan coalitions in a GOP-dominated Legislature where Democrats’ priorities tend to flounder.

West’s challenge will be communicating those legislative achievements to the many voters who pay little attention to the Legislature. West, 67, is a moderate consensus builder at a time when some Texas Democrats want flame-throwers, and an elder statesman when many in his party are eager for new blood. He does not support a Green New Deal or mandatory gun buyback programs.

West said he is “not that person” who “throws bombs and hand grenades 24/7.”

“I’m more focused on getting things done,” he said. “No Democrat can win in Texas without being center-left.”

Polls show West toward the front of a still-shifting pack, though many primary voters remain undecided. He finished the most recent campaign finance reporting period with $526,000 cash on hand. That put him behind just one candidate, combat veteran MJ Hegar, who has positioned herself as the candidate to beat with a high-profile endorsement from the Democratic Senatorial Campaign Committee.

West has often faced scrutiny for his business dealings. As an attorney in Dallas, West has made millions in legal fees representing public entities, including the school districts of Houston, Dallas and Crowley and the cities of Houston and Fort Worth, The Texas Tribune reported in September. In the Texas Senate, he is a leading Democrat on the education committee.

West insisted that his stature as a state senator does not make it easier to secure lucrative clients and said there are no conflicts of interest between his public office and private business.

For now, West is busy crisscrossing the state, including stops in rural areas that rarely hear from Democrats. If he is to win in November, the independent and moderate Republican voters he seeks to bring out will form an important part of his coalition.

But first, he needs to secure Democratic support broad and deep enough to propel him to victory statewide for the first time.

Garcia said the senator’s chances are good.

“If he gets to the runoff, I think he’s the nominee,” Garcia said. “If he’s able to consolidate his North Texas base and expand into other urban areas like Houston, Austin and San Antonio, then I think he will lock it up.”

Disclosure: The University of North Texas has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2020/02/13/royce-west-democrat-us-senate-flip-texas-coalition/.

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Mississippi: Black voters sue over election law rooted in the state’s racist past

Mississippi: Black voters sue over election law rooted in the state’s racist past

Video Courtesy of Roland S. Martin


A lawsuit over a Mississippi election law, if successful, will change the way that state elects its governor.

Four African Americans filed the federal civil rights lawsuit in May 2019, charging that the way their state elects its statewide officials violates the Voting Rights Act, the 14th Amendment and the principle of “one-person, one-vote.”

To win election, a candidate for governor of Mississippi has to win an outright majority of the popular vote – and win a majority of the state’s 122 House districts.

If no candidate does both, the state House gets to select the next governor, regardless of who got the most votes. No African American has been elected statewide since 1890.

Republican legislators in Mississippi defended the law by arguing that the plaintiffs provide “nothing more than conjecture” that they would be harmed by this election method.

Media coverage of the lawsuit has emphasized that “no Mississippi candidate who won the most votes for a statewide office has been prevented from taking office because of the other requirements.”

As a historian of 19th-century voting rights in the U.S., I believe this analysis ignores the history of anti-democratic gubernatorial election laws.

Today, Mississippi is one of only two states where the winner of the popular vote does not automatically become governor. Vermont is the other. In the 19th century, however, many states had such laws.

The damage that these laws did to democratic legitimacy and political stability in the 1870s, ‘80s and ’90s was not conjecture. These laws were intended to entrench the rule of the party in power.

This November, Mississippi is preparing for its first close gubernatorial election since 1999. The election law that is the focus of the lawsuit could decide who wins. Its origins and the track record of similar laws in more competitive states bear investigation.

Former U.S. Attorney General Eric Holder supported the filing of the Mississippi lawsuit, saying ‘count all the votes and the person who gets the greatest number of votes wins.’
AP/Seth Wenig

Disenfranchisement by law

The gubernatorial election law dates to 1890, when it was drafted into Mississippi’s constitution by a nearly all-white convention.

The Southern Democrats in charge of the convention were intent on removing African Americans from politics. The constitution they crafted subjected prospective voters to a literacy test and poll tax – effectively disenfranchising nearly all African Americans.

They included the majority vote and state House district provision in the constitution as a backstop to preserve white control of Mississippi. However, voter suppression and a racially polarized electorate have produced few competitive elections in Mississippi, ensuring that the backstop has rarely been necessary.

In the 19th century, many states with similar election laws had much more competitive elections. The bad results these laws produced in close contests demonstrate the worst-case possibilities of Mississippi’s system.

The crowbar governor

These anti-majoritarian laws in governors’ races caused what legal scholar Edward B. Foley termed “a veritable epidemic” of crises during the Gilded Age.

In West Virginia (1888), Rhode Island (1893) and Tennessee (1894), partisan legislatures overruled the voters to install governors in office who had failed to win the most votes.

The 1890 drama in Connecticut provides the worst example of these laws in action.

Democratic candidates running for governor won the most votes in every Connecticut election during the 1880s. But with multiple parties running, they never captured a majority. The legislature, gerrymandered to favor the Republicans, installed their candidates in office 4 out of 5 times, even though they never even won a plurality.

In 1890, the Connecticut legislature was evenly divided between Republicans and Democrats. That year’s gubernatorial election was thrown to the legislature. Deadlock ensued. In a three-way race, where the Democrat had won nearly 4,000 more votes than his Republican opponent, Republicans in the state Senate refused to seat him.

Morgan G. Bulkeley, governor of Connecticut, stayed on after his term ended when the legislature was deadlocked on the choice of governor. U.S. Congress

Though the Democrats held the moral high ground, the Republicans had the election law on their side. With the stalemate, the sitting Republican governor, Morgan G. Bulkeley, who had not even run for re-election, simply stayed in office for two more years.

While Bulkeley’s supporters commended him for stepping in to “hold the fort,” his unelected tenure provoked a crisis of legitimacy that ground state government to a halt.

When the legislature refused to appropriate funds for the state budget, Bulkeley borrowed $300,000 ($8.3 million today) from his family’s company – Aetna Life Insurance – to pay for state operations. Neighboring states refused to acknowledge the legality of arrest warrants he issued. At one point, the Democrats changed the locks on the governor’s office and Bulkeley popped them off with a crowbar.

“Nothing short of a revolution,” said the disgusted governor of New York, could end the tyranny of the minority in Connecticut.

But Bulkeley’s methods had damaged the Republican Party’s reputation. In the regularly scheduled 1892 election, the Democrat who had won the most votes in 1890, Luzon B. Morris, won an outright majority and became governor.

The hero of Gettysburg

In Maine in 1879, a similar election law came close to provoking a civil war.

The sitting Democratic governor, Alonzo Garcelon, placed a distant third in the election, behind the Republican and Greenback candidates. Because no one won an outright majority, the new legislature, which Republicans expected to control, would decide the winner.

As the incumbent, however, Garcelon had power over certifying the legislative election results. Using every trick in the book, Garcelon’s cronies overturned enough election results to give his allies control of the new legislature.

The state’s supreme court ruled his actions illegal, but Garcelon ignored them and seated his illegitimate legislature, hoping they would vote to re-elect him governor.

The Portland Daily Press of Dec. 24, 1879, covered a story about the charges that the legislative election was stolen by Garcelon and his allies.
Library of Congress

Bands of armed Mainers from both sides of the dispute began gathering in the capital. Only the intervention of Civil War hero and former Maine Gov. Joshua Chamberlain averted bloodshed. Chamberlain, head of the state’s militia, refused to take sides. When a group of Garcelon’s supporters pushed into Chamberlain’s office, he opened his shirt and dared them to do what the rebels had failed to at Gettysburg.

The supreme court again ruled that the Republicans had the right to organize the legislature and appoint the governor. For two more weeks Garcelon refused to back down, but when Chamberlain publicly accepted the court’s decision and sided with the Republicans, the crisis came to an end.

Maine quickly amended its constitution to permit governors to be elected with only a plurality of the vote.

Bad track record

If the civil rights lawsuit against the gubernatorial election process succeeds, it will mark a repudiation of Mississippi’s legacy of racial disfranchisement.

If it does not succeed, then Mississippi’s legislature and governor might want to consider the examples of Connecticut in 1890 and Maine in 1879.

Laws that place anti-democratic restrictions on the popular vote have a bad track record in competitive elections. At best they add unnecessary complexity and instability to what should be a simple system.

At worst they undermine the principle of popular rule, damage voters’ faith in democracy and provoke crises of legitimacy.

Gideon Cohn-Postar, Graduate Student in History, Northwestern University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Presidential Candidates Struggle to Lure the Young Black Christian Vote

Presidential Candidates Struggle to Lure the Young Black Christian Vote

Video Courtesy of CBS46 Atlanta


It’s no secret that the Democratic Party cannot win national elections without the black vote. Less well understood by major Democratic candidates and donors is that black voters are not a monolith. Particularly in the black church, we fall along a wide spectrum of conservative and liberal social values. Our intersections related to race and gender are complex and nuanced.

When black people say that they are tired of our votes being taken for granted, we are referring in part to this lack of understanding. Gaining our vote requires gaining more than a cursory understanding of who we are as a people. Candidates will need to be able to speak to a full range of issues and concerns and, just as importantly, feel comfortable engaging directly with a range of African American people.

Three years ago, the Black Church PAC was formed to give our historically critical voting demographic a greater voice before we go to the polls. On Friday and Saturday (Aug. 16 and 17), the PAC held its first candidate forum, with an audience of 5,000 African American Christian millennials from 42 different states at the Young Leaders Conference in Atlanta.

Seven of the top-tier candidates were invited, and five attended: Secretary Julian Castro, Mayor Pete Buttigieg and Sens. Cory Booker, Bernie Sanders and Elizabeth Warren.

Sen. Bernie Sanders speaks at the Black Church PAC forum during the Young Leaders Conference on Aug. 17, 2019, in Atlanta. Video screengrab

The forum not only gave candidates an opportunity to make their case for why black voters should entrust them with their vote; it tested the candidates’ ability to connect with young black churchgoers who lean in a socially conservative direction — a voting bloc that is not necessarily well acquainted with long-established Democratic politicians and that has not necessarily bought in to the traditional progressive talking points.

Candidates got a chance to address the full conference but also met with small groups of voters and engaged in spirited dialogue about critical issues ranging from gun violence and the criminal justice system to student loan debt, immigration, education, health care and reparations. These sessions tested candidates’ expertise on critical issues but also revealed how comfortable they were listening to and being challenged by those with experiences very different from their own.

During the meeting, we ran a survey of close to 800 conference attendees to gauge their opinions about the candidates and issues, in addition to gathering qualitative responses. We plan to have a briefing with candidates to share these results before we make them public, but some quick takeaways include:

  • Candidates who attended experienced a significant bump in their support; candidates who didn’t experienced a significant drop in their support.
  • Close to 10% of respondents are unfamiliar with the candidates who were listed.
  • The most important issues among those to take the survey: jobs/economy, gun violence, white nationalism.

A critical finding here is that most candidates have simply not broken through to young African American voters. This is alarming because, if this vital demographic is not actively engaged in selecting the eventual nominee, Democrats may end up with a nominee who fails to engage a significant voting bloc in the general election.

Sen. Cory Booker addresses the first day of the Black Church PAC presidential candidate forum at the Young Leaders Conference in Atlanta on Aug. 16, 2019. Video screengrab

Compounding this problem is the fact that Democrats have a miserable record of investing in black grassroots organizers, black community-based organizations and black political consultants, who are often best equipped to mobilize black voters.

Steve Phillips, the civil rights lawyer and founder of the website Democracy in Color, has described at great length the billion-dollar blunders Democratic and Allied Progressive groups continue to make in their political spending. The lessons to take from these unforced errors, he has said, are clear: Political spending in the Democratic ecosystem must be early, often and targeted to groups who register; and we must educate and mobilize black and brown voters, especially for turnout on Election Day.

When these types of investments are made, the results are dramatic. It was the targeted mobilization of black churches and historically black college students by black organizers and black political strategists that provided the margin of victory in the historic election of Democratic Sen. Doug Jones in Alabama in 2017.

Sen. Elizabeth Warren, left, takes questions from moderators the Rev. Leah Daughtry and the Rev. Michael McBride during the Black Church PAC forum at the Young Leaders Conference on Aug. 17, 2019, in Atlanta. Video screengrab

The same kind of results could be achieved in swing states throughout the country if, rather than centering their campaigns around convincing white “Reagan Democrats” to stay blue, candidates doubled down on turning out reliably blue African American voters in places like Milwaukee, Detroit and Philadelphia.

We suspect that when candidates and their teams forgo this approach, it is because they do not have either the cultural proficiency or the willingness to make the black grassroots investments required to pull off this type of strategy. No one expects large numbers of blacks to vote for President Trump; however, operating as if African American and other voters will come out in droves simply to vote against Trump — without giving them someone who is compelling to vote for — is a risky and reckless approach.

Even within the more conservative bloc of the black church, Trump’s message is repulsive to millennials and their black elders. Unlike white evangelicals, whose support for Trump still hovers above 80%, socially conservative-leaning black church members detected very clearly the racialized rhetoric and dangerous policies of Trump and overwhelmingly do not support him. With meaningful engagement, these voters can be activated to vote for a candidate who promotes a compelling vision of belonging, justice and opportunity for all.

Through this election cycle and beyond, we will continue to give candidates opportunities to make their case and truly listen to black voters.

Presidential candidate Mayor Pete Buttigieg addresses the first day of the Black Church PAC presidential candidate forum at the Young Leaders Conference in Atlanta on Aug. 16, 2019. Video screengrab

(The Rev. Michael McBride is pastor of The Way Church in Berkeley, California, and national director of Faith in Action’s urban strategies and LIVE FREE Project. The Rev. Leah Daughtry, former CEO of the Democratic National Convention Committee, is presiding prelate-elect of The House of the Lord Churches and a founding board member of the Black Church PAC. The views expressed in this commentary do not necessarily reflect those of Religion News Service.)