House Democrats passed sweeping voting and ethics
legislation over unanimous Republican opposition, advancing to the
Senate what would be the largest overhaul of the U.S. election law in at
least a generation.
House Resolution 1, which touches on virtually every aspect of the
electoral process, was approved Wednesday night on a near party-line
220-210 vote. It would restrict partisan gerrymandering of congressional
districts, strike down hurdles to voting, and bring transparency to a
murky campaign finance system that allows wealthy donors to anonymously
bankroll political causes.
The bill include provisions to:
- Require states to automatically register eligible voters.
- Create public financing for congressional campaigns.
- Force disclosure of “dark money” contributions.
- Requires at least 15 days of early voting in federal elections.
- Restores voting rights to those who have been convicted of felonies and have completed their sentences.
- Compels Twitter and Facebook to disclose the source of money for political ads on the social media platforms.
- Requires the president and vice president, and candidates for those offices, to disclose 10 years of their tax returns.
A proposed amendment to lower the voting age from 18 to 16 was defeated in the House and was not included in the final bill.
The bill aims to counter voting rights safeguards advancing in
Republican-controlled statehouses across the country in the wake of
Donald Trump’s claims of a stolen 2020 election.
It faces an uncertain fate in the Democrat-controlled Senate, where
it has little chance of passing without changes to procedural rules that
currently allow Republicans to block it.
Republicans insist the bill gives license to unwanted federal
interference in states' authority to conduct their own elections —
ultimately benefiting Democrats through higher turnout, most notably
among minorities.
“Democrats want to use their razor-thin majority not to pass bills to
earn voters’ trust, but to ensure they don’t lose more seats in the
next election,” House Minority Leader Kevin McCarthy said from the House
floor Tuesday.
This bill “will put a stop at the voter suppression that we’re seeing
debated right now,” said Rep. Nikema Williams, a new congresswoman who
represents the Georgia district that deceased voting rights champion
John Lewis held for years. “This bill is the ‘Good Trouble’ he fought
for his entire life.”
The measure has been a priority for Democrats since they won their
House majority in 2018. But it has taken on added urgency in the wake of
Trump’s claims.
Courts and even Trump's last attorney general, William Barr, found
his claims about the election to be without merit. But, spurred on by
those claims, state lawmakers across the U.S. have filed more than 200
bills in 43 states that would limit ballot access, according to a tally
kept by the Brennan Center for Justice at New York University.
In Iowa, the legislature voted to cut absentee and in-person early
voting, while preventing local elections officials from setting up
additional locations to make early voting easier. In Georgia, the House
on Monday voted for legislation requiring identification to vote by mail
that would also allow counties to cancel early in-person voting on
Sundays, when many Black voters cast ballots after church.
On Tuesday, the Supreme Court appeared ready to uphold voting
restrictions in Arizona, which could make it harder to challenge state
election laws in the future.
When asked why proponents sought to uphold the Arizona laws, which
limit who can turn in absentee ballots and enable ballots to be thrown
out if they are cast in the wrong precinct, a lawyer for the state's
Republican Party was stunningly clear.
“Because it puts us at a competitive disadvantage relative to
Democrats,” said attorney Michael Carvin. “Politics is a zero-sum game."
Battle lines are quickly being drawn by outside groups who plan to
spend millions of dollars on advertising and outreach campaigns.
Republicans “are not even being coy about it. They are saying the
‘quiet parts’ out loud,” said Tiffany Muller, the president of End
Citizens United, a left-leaning group that aims to curtail the influence
of corporate money in politics. Her organization has launched a $10
million effort supporting the bill. “For them, this isn’t about
protecting our democracy or protecting our elections. This is about pure
partisan political gain.”
Conservatives, meanwhile, are mobilizing a $5 million pressure
campaign, urging moderate Senate Democrats to oppose rule changes needed
to pass the measure.
“H.R. 1 is not about making elections better,” said Ken Cuccinelli, a
former Trump administration Homeland Security official who is leading
the effort. "It’s about the opposite. It’s intended to dirty up
elections.”
So what's actually in the bill?
H.R. 1 would require states to automatically register eligible
voters, as well as offer same-day registration. It would limit states'
ability to purge registered voters from their rolls and restore former
felons' voting rights. Among dozens of other provisions, it would also
require states to offer 15 days of early voting and allow no-excuse
absentee balloting.
On the cusp of a once-in-a-decade redrawing of congressional district
boundaries, typically a fiercely partisan affair, the bill would
mandate that nonpartisan commissions handle the process instead of state
legislatures.
Many Republican opponents in Congress have focused on narrower
aspects, like the creation of a public financing system for
congressional campaigns that would be funded through fines and
settlement proceeds raised from corporate bad actors.
They've also attacked an effort to revamp the federal government's
toothless elections cop. That agency, the Federal Election Commission,
has been gripped by partisan deadlock for years, allowing campaign
finance law violators to go mostly unchecked.
Another section that's been a focus of Republican ire would force the
disclosure of donors to “dark money” political groups, which are a
magnet for wealthy interests looking to influence the political process
while remaining anonymous.
Still, the biggest obstacles lie ahead in the Senate, which is split 50-50 between Republicans and Democrats.
On some legislation, it takes only 51 votes to pass, with Vice
President Kamala Harris as the tiebreaker. On a deeply divisive bill
like this one, they would need 60 votes under the Senate’s rules to
overcome a Republican filibuster — a tally they are unlikely to reach.
Some Democrats have discussed options like lowering the threshold to
break a filibuster, or creating a workaround that would allow priority
legislation, including a separate John Lewis Voting Rights bill, to be
exempt. Biden has been cool to filibuster reforms and
Democrat congressional aides say the conversations are fluid but
underway.
Senate Majority Leader Chuck Schumer has not committed to a time
frame but vowed “to figure out the best way to get big, bold action on a
whole lot of fronts.”
He said: “We’re not going to be the legislative graveyard. ... People
are going to be forced to vote on them, yes or no, on a whole lot of
very important and serious issues.”
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