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Biden Administration, Election Reform, Elections, News & Photo Features, Voting Rights

President Biden Pushes for Voting Rights: ‘This is a defining moment in history. To protect democracy, change the Senate rules’

“To protect our democracy, I support changing the Senate rules..to prevent a minority of senators from blocking action on voting rights,” President Joe Biden declared in a speech in Atlanta, “cradle of civil rights,” demanding passage of laws to voting rights © Karen Rubin/news-photos-features.com via msnbc.

President Joe Biden delivered a forceful speech delivered in Atlanta, Georgia, the “cradle of civil rights,” demanding the Senate pass voting rights protections, at one point slamming his hand down on the podium. The “institutionalist” who spent decades in the Senate, he came out as supporting overturning the filibuster – a relic of segregation and Jim Crow – which has been weaponized by Republicans, giving tyrannical control of the minority over the majority.

“To protect our democracy, I support changing the Senate rules..to prevent a minority of senators from blocking action on voting rights,” he declared.

Here is a highlighted transcript of his remarks:

In our lives and the lives of our nation — the life of our nation, there are moments so stark that they divide all that came before from everything that followed.  They stop time.  They rip away the trivial from the essential.  And they force us to confront hard truths about ourselves, about our institutions, and about our democracy.
 
In the words of Scripture, they remind us to “hate evil, love good, and establish justice in the gate.”
 
Last week, [Vice] President Harris and I stood in the United States Capitol to observe one of those “before and after” moments in American history: January 6th insurrection on the citadel of our democracy.
 
Today, we come to Atlanta — the cradle of civil rights — to make clear what must come after that dreadful day when a dagger was literally held at the throat of American democracy.
 
We stand on the grounds that connect Clark Atlanta — Atlanta University, Morehouse College, and near Spellman College — the home of generations of advocates, activists, educators and preachers; young people, just like the students here, who have done so much to build a better America.  (Applause.)
 
We visited the sacred Ebenezer Baptist Church and paused to prayed at the crypt of Dr. and Mrs. King, and spent time with their family.  And here in the district — as was pointed out — represented and reflected the life of beloved friend, John Lewis.
 
In their lifetimes, time stopped when a bomb blew up the 16th Street Baptist Church in Birmingham and murdered four little girls.
 
[Time] stopped when John and many others seeking justice were beaten and bloodied while crossing the bridge at Selma named after the Grand Dragon of the Ku Klux Klan.
 
They stopped — time stopped, and they forced the country to confront the hard truths and to act — to act to keep the promise of America alive: the promise that holds that we’re all created equal but, more importantly, deserve to be treated equally.  And from those moments of darkness and despair came light and hope.
 
Democrats, Republicans, and independents worked to pass the historic Civil Rights Act and the voting rights legislation.  And each successive generation continued that ongoing work.
 
But then the violent mob of January 6th, 2021, empowered and encouraged by a defeated former president, sought to win through violence what he had lost at the ballot box, to impose the will of the mob, to overturn a free and fair election, and, for the first time — the first time in American history, they — to stop the peaceful transfer of power.
 
They failed.  They failed.  (Applause.)  But democracy’s victory was not certain, nor is democracy’s future.
 
That’s why we’re here today to stand against the forces in America that value power over principle, forces that attempted a coup — a coup against the legally expressed will of the American people — by sowing doubt, inventing charges of fraud, and seeking to steal the 2020 election from the people.
 
They want chaos to reign.  We want the people to rule.  (Applause.)
 
But let me be clear: This is not about me or Vice President Harris or our party; it’s about all of us.  It’s about the people.  It’s about America.
 
Hear me plainly: The battle for the soul of America is not over.  We must stand strong and stand together to make sure January 6th marks not the end of democracy but the beginning of a renaissance of our democracy.  (Applause.)
 
You know, for the right to vote and to have that vote counted is democracy’s threshold liberty.  Without it, nothing is possible, but with it, anything is possible.
 
But while the denial of fair and free elections is un-democratic, it is not unprecedented.
 
Black Americans were denied full citizenship and voting rights until 1965.  Women were denied the right to vote until just 100 years ago.  The United States Supreme Court, in recent years, has weakened the Voting Rights Act.  And now the defeated former president and his supporters use the Big Lie about the 2020 election to fuel torrent and torment and anti-voting laws — new laws designed to suppress your vote, to subvert our elections.
 
Here in Georgia, for years, you’ve done the hard work of democracy: registering voters, educating voters, getting voters to the polls.  You’ve built a broad coalition of voters: Black, white, Latino, Asian American, urban, suburban, rural, working class, and middle class. 
 
And it’s worked: You’ve changed the state by bringing more people, legally, to the polls.  (Applause.)  That’s how you won the historic elections of Senator Raphael Warnock and Senator Jon Ossoff.  (Applause.) 
 
You did it — you did it the right way, the democratic way.
 
And what’s been the reaction of Republicans in Georgia?  Choose the wrong way, the undemocratic way.  To them, too many people voting in a democracy is a problem.  So they’re putting up obstacles.
 
For example, voting by mail is a safe and convenient way to get more people to vote, so they’re making it harder for you to vote by mail. 
 
The same way, I might add, in the 2020 Election, President Trump voted from behind the desk in the White House — in Florida. 
 
Dropping your ballots off to secure drop boxes — it’s safe, it’s convenient, and you get more people to vote.  So they’re limiting the number of drop boxes and the hours you can use them. 
 
Taking away the options has a predictable effect: longer lines at the polls, lines that can last for hours.  You’ve seen it with your own eyes.  People get tired and they get hungry.
 
When the Bible teaches us to feed the hungry and give water to the thirsty, the new Georgia law actually makes it illegal — think of this — I mean, it’s 2020, and now ’22, going into that election — it makes it illegal to bring your neighbors, your fellow voters food or water while they wait in line to vote.  What in the hell — heck are we talking about?  (Laughter and applause.)
 
I mean, think about it.  (Applause.)  That’s not America.  That’s what it looks like when they suppress the right to vote. 
 
And here’s how they plan to subvert the election: The Georgia Republican Party, the state legislature has now given itself the power to make it easier for partisan actors — their cronies — to remove local election officials. 

Think about that.  What happened in the last election?  The former president and allies pursued, threatened, and intimidated state and local election officials.
 
Election workers — ordinary citizens — were subject to death threats, menacing phone calls, people stalking them in their homes.
 
Remember what the defeated former president said to the highest-ranking election official — a Republican — in this state?  He said, quote, “I just want to find 11,780 votes.” 
 
Pray God.  (Laughter.)  He didn’t say that part.  (Laughter.)
 
He didn’t say, “Count the votes.”  He said, “find votes” that he needed to win.
 
He failed because of the courageous officials — Democrats, Republicans — who did their duty and upheld the law.  (Applause.)
 
But with this new law in Georgia, his loyal- — his loyalists will be placed in charge of state elections.  (Laughs.)  What is that going to mean?  Well, the chances for chaos and subversion are even greater as partisans seek the result they want — no matter what the voters have said, no matter what the count.  The votes of nearly 5 million Georgians will be up for grabs if that law holds.
 
It’s not just here in Georgia.  Last year alone, 19 states not proposed but enacted 34 laws attacking voting rights.  There were nearly 400 additional bills Republican members of state legislatures tried to pass.  And now, Republican legislators in several states have already announced plans to escalate the onslaught this year.
 
Their endgame?  To turn the will of the voters into a mere suggestion — something states can respect or ignore.
 
Jim Crow 2.0 is about two insidious things: voter suppression and election subversion.  It’s no longer about who gets to vote; it’s about making it harder to vote.  It’s about who gets to count the vote and whether your vote counts at all.
 
It’s not hyperbole; this is a fact. 
 
Look, this matters to all of us.  The goal of the former president and his allies is to disenfranchise anyone who votes against them.  Simple as that.  The facts won’t matter; your vote won’t matter.  They’ll just decide what they want and then do it.
 
That’s the kind of power you see in totalitarian states, not in democracies. 

We must be vigilant.
 
And the world is watching.  I know the majority of the world leaders — the good and the bad ones, adversaries and allies alike.  They’re watching American democracy and seeing whether we can meet this moment.  And that’s not hyperbole.
 
When I showed up at the G7 with seven other world leaders — there were a total of nine present — Vice President Harris and I have spent our careers doing this work — I said, “America is back.”  And the response was, “For how long?”  “For how long?” 

As someone who’s worked in foreign policy my whole life, I never thought I would ever hear our allies say something like that.
 
Over the past year, we’ve directed federal agencies to promote access to voting, led by the Vice President.  We’ve appointed top civil rights advocates to help the U.S. Department of Justice, which has doubled its voting rights enforcement staff.
 
And today, we call on Congress to get done what history will judge: Pass the Freedom to Vote Act.  (Applause.)  Pass it now — (applause) — which would prevent voter suppression so that here in Georgia there’s full access to voting by mail, there are enough drop boxes during enough hours so that you can bring food and water as well to people waiting in line. 
 
The Freedom to Vote Act takes on election subversion to protect nonpartisan electors [election] officials, who are doing their job, from intimidation and interference.
 
It would get dark money out of politics, create fairer district maps and ending partisan gerrymandering.  (Applause.)
 
Look, it’s also time to pass the John Lewis Voting Rights Advancement Act.  (Applause.) 
 
I’ve been having these quiet conversations with the members of Congress for the last two months.  I’m tired of being quiet!  (Applause.)
 
Folks, it’ll restore the strength of the Voting Rights Act of ’65 — the one President Johnson signed after John Lewis was beaten, nearly killed on Bloody Sunday, only to have the Supreme Court weaken it multiple times over the past decade.
 
Restoring the Voting Rights Act would mean the Justice Department can stop discriminatory laws before they go into effect — before they go into effect.  (Applause.) 
The Vice President and I have supported voting rights bills since day one of this administration.  But each and every time, Senate Republicans have blocked the way.  Republicans oppose even debating the issue.  You hear me?

I’ve been around the Senate a long time.  I was Vice President for eight years.  I’ve never seen a circumstance where not one single Republican has a voice that’s ready to speak for justice now.

When I was a senator, including when I headed up the Judiciary Committee, I helped reauthorize the Voting [Rights] Act three times.  We held hearings.  We debated.  We voted.  I was able to extend the Voting Rights Act for 25 years.

In 2006, the Voting Rights Act passed 390 to 33 in
the House of Representatives and 98 to 0 in the Senate with votes from 16 current sitting Republicans in this United States Senate.  Sixteen of them voted to extend it.

The last year I was chairman, as some of my friends sitting down here will tell you, Strom Thurmond voted to extend the Voting Rights Act.  Strom Thurmond.

AUDIENCE MEMBER:  Wow.

THE PRESIDENT:   You can say that again: “Wow.”  You have no idea how damn ha- — how darn hard I worked on that one.  (Laughter and applause.)

But, folks, then it was signed into law, the last time, by President George W. Bush.

You know, when we got voting rights extended in the 1980s, as I’ve said, even Thurmond supported it.  Think about that.  The man who led one of the longest filibusters in history in the United States Senate in 1957 against the Voting Rights Act [Civil Rights Act].  The man who led and sided with the old Southern Bulls in the United States Senate to perpetuate segregation in this nation.  Even Strom Thurmond came to support voting rights.

But Republicans today can’t and won’t.  Not a single Republican has displayed the courage to stand up to a defeated president to protect America’s right to vote.  Not one.  Not one.

We have 50-50 in the United States Senate.  That means we have 51 presidents.  (Laughter.)  You all think I’m kidding.  (Laughter.)

I’ve been pretty good at working with senators my whole career.  But, man, when you got 51 presidents, it gets harder.  Any one can change the outcome.

Sadly, the United States Senate — designed to be the world’s greatest deliberative body — has been rendered a shell of its former self.  It gives me no satisfaction in saying that, as an institutionalist, as a man who was honored to serve in the Senate.
 
But as an institutionalist, I believe that the threat to
our democracy is so grave that we must find a way to pass these voting rights bills, debate them, vote. 
 
Let the majority prevail.  (Applause.)  And if that bare minimum is blocked, we have no option but to change the Senate rules, including getting rid of the filibuster for this.  (Applause.)

You know, last year, if I’m not mistaken, the filibuster was used 154 times.  The filibuster has been used to generate compromise in the past and promote some bipartisanship.  But it’s also been used to obstruct — including and especially obstruct civil rights and voting rights.

And when it was used, senators traditionally used to have to stand and speak at their desks for however long it took, and sometimes it took hours.  And when they sat down, if no one immediately stood up, anyone could call for a vote or the debate ended.

But that doesn’t happen today.  Senators no longer even have to speak one word.  The filibuster is not used by Republicans to bring the Senate together but to pull it further apart.

The filibuster has been weaponized and abused.

While the state legislatures’ assault on voting rights is simple — all you need in your House and Senate is a pure majority — in the United States Senate, it takes a supermajority: 60 votes, even to get a vote — instead of 50 — to protect the right to vote.

State legislatures can pass anti-voting laws with simple majorities.  If they can do that, then the United States Senate should be able to protect voting rights by a simple majority.  (Applause.)

Today I’m making it clear: To protect our democracy, I support changing the Senate rules, whichever way they need to be changed — (applause) — to prevent a minority of senators from blocking action on voting rights.  (Applause.)  

When it comes to protecting majority rule in America, the majority should rule in the United States Senate.  
 
I make this announcement with careful deliberation, recognizing the fundamental right to vote is the right from which all other rights flow.
 
And I make it with an appeal to my Republican colleagues, to those Republicans who believe in the rule of law: Restore the bipartisan tradition of voting rights. 

The people who restored it, who abided by it in the past were Richard Nixon, Gerald Ford, Ronald Reagan, George H.W. Bush, George W. Bush.  They all supported the Voting Rights Act.

Don’t let the Republican Party morph into something else.  Restore the institution of the Senate the way it was designed to be.

Senate rules were just changed to raise the debt ceiling so we wouldn’t renege on our debt for the first time in our history and prevent an economic crisis.  That was done by a simple majority.

As Senator Warnock said a few weeks ago in a powerful speech: If we change the rules to protect the full faith and credit of the United States, we should be able to change the rules to protect the heart and soul of our democracy.  (Applause.)  He was right.

In the days that followed John Lewis’s death, there was an outpouring of praise and support across the political spectrum.

But as we stand here today, it isn’t enough just to praise his memory.  We must translate eulogy into action.  We need to follow John Lewis’s footsteps.  We need to support the bill in his name.

Just a few days ago, we talked about — up in the Congress and in the White House — the event coming up shortly to celebrate Dr. King’s birthday.  And Americans of all stripes will praise him for the content of his character.

But as Dr. King’s family said before, it’s not enough to praise their father.  They even said: On this holiday, don’t celebrate his birthday unless you’re willing to support what he lived for and what he died for.  (Applause.)

The next few days, when these bills come to a vote, will mark a turning point in this nation’s history.

We will choose — the issue is: Will we choose democracy over autocracy, light over shadows, justice over injustice? 

I know where I stand.  I will not yield.  I will not flinch.  I will defend the right to vote, our democracy against all enemies — foreign and, yes, domestic.  (Applause.)

And the question is: Where will the institution of the United States Senate stand?  Every senator — Democrat, Republican, and independent — will have to declare where they stand, not just for the moment, but for the ages.

Will you stand against voter suppression?  Yes or no?  That’s the question they’ll answer.  Will you stand against election subversion?  Yes or no?  Will you stand for democracy?  Yes or no?

And here’s one thing every senator and every American should remember: History has never been kind to those who have sided with voter suppression over voters’ rights.  And it will be even less kind for those who side with election subversion.
 
So, I ask every elected official in America: How do you want to be remembered? 

At consequential moments in history, they present a choice: Do you want to be the side of Dr. King or George Wallace?  Do you want to be on the side of John Lewis or Bull Connor?  Do you want to be on the side of Abraham Lincoln or Jefferson Davis?

This is the moment to decide to defend our elections, to defend our democracy.  (Applause.)

And if you do that, you will not be alone.  That’s because the struggle to protect voting rights has never been borne by one group alone.

We saw Freedom Riders of every race.  Leaders of every faith marching arm in arm.  And, yes, Democrats and Republicans in Congress of the United States and in the presidency.

I did not live the struggle of Douglass, Tubman, King, Lewis, Goodman, Chaney, and Schwerner, and countless others — known and unknown.

I did not walk in the shoes of generations of students who walked these grounds.  But I walked other grounds.  Because I’m so damn old, I was there as well.  (Laughter.)

You think I’m kidding, man.  (Laughter.)  It seems like yesterday the first time I got arrested.  Anyway — (laughter).

But their struggles here — they were the ones that opened my eyes as a high school student in the late — in the late ’50s and early ’60s.  They got me more engaged in the work of my life.

And what we’re talking about today is rooted in the very idea of America — the idea that Annell Ponder, who graduated
from Clark Atlanta, captured in a single word.  She was a teacher and librarian who was also an unyielding champion of voting rights.

In 1963 — when I was just starting college at university — after registering voters in Mississippi, she was pulled off a bus, arrested, and jailed, where she was brutally beaten.

In her cell, next to her, was Fannie Lou Hamer, who described the beating this way, and I quote: “I could hear the sounds of [the] licks and [the] horrible screams…They beat her, I don’t know [for] how long.  And after a while, she began to pray, and asked God to have mercy on those people.”

Annell Ponder’s friends visited her the next day.  Her face was badly swollen.  She could hardly talk.

But she managed to whisper one word: “Freedom.”  “Freedom” — the only word she whispered.

After nearly 250 years since our founding, that singular idea still echoes.  But it’s up to all of us to make sure it never fades, especially the students here — your generation that just started voting — as there are those who are trying to take away that vi- — vote you just started to be able to exercise. 

But the giants we honor today were your age when they made clear who we must be as a nation.  Not a joke.  Think about it.  In the early ’60s, they were sitting where you’re sitting.  They were you.  And like them, you give me much hope for the future.

Before and after in our lives — and in the life of the nation — democracy is who we are, who we must be — now and forever.  So, let’s stand in this breach together.  Let’s love good, establish justice in the gate. 

And remember, as I said, there is one — this is one of those defining moments in American history: Each of those who vote will be remembered by class after class, in the ’50s and ’60s — the 2050s and ’60s.  Each one of the members of the Senate is going to be judged by history on where they stood before the vote and where they stood after the vote. 

There’s no escape.  So, let’s get back to work. 

As my grandfather Finnegan used to say every time I walked out the door in Scranton, he’d say, “Joey, keep the faith.”  Then he’d say, “No, Joey, spread it.” 

Let’s spread the faith and get this done.  (Applause.) 

May God bless you all.  And may God protect the sacred right to vote.  (Applause.)  Thank you.  I mean it.  Let’s go get this done.  Thank you.

Coronavirus Pandemic, Election 2020, Election Reform, Governor Andrew Cuomo, News & Photo Features, NYS Acts to Contain Coronavirus, Voting, Voting Rights, Elections

NYS Takes Dramatic Steps to Expand Absentee and Early Voting; Launches Public Awareness Campaign

Voting will have a very different look in 2020. New York State is taking dramatic steps to expand absentee and early voting to address concerns over the coronavirus pandemic. “To say this election is the most critical in recent history is understating its importance. We want to make sure every vote in New York is counted and every voice is heard,” Governor Cuomo said. © Karen Rubin/news-photos-features.com

Voters Can Learn More About Absentee Voting And Early Voting In New York By Visiting ny.gov/earlyvote

New York State had  long been criticized for having some of the most restrictive rules for voting, resulting in some of the lowest turnout rates in the country. But that has changed with a series of reforms aimed at making it easier to vote, including making absentee voting (vote-by-mail) an option available to all, new early voting, to meet the coronavirus crisis so that casting a vote does not have to be a life-and-death choice between exercising a citizen’s most cherished right, and their health.

In addition, Cuomo issued executive orders allowing registered voters to drop off their completed absentee ballot at a Board of Elections office, early voting location or Election Day voting location without requiring them to wait in line with in-person voters. Boards of elections are required to develop and submit a plan to the State Board of Elections by September 21 and make it publicly available.

Meanwhile, the state is launching a public awareness campaign to ensure New Yorkers know all the ways they can vote in November’s election, including voting early, voting absentee, or voting in person on Election Day. 

“Because of COVID, this year New Yorkers have several options when it comes to casting their ballot. You can vote early, vote absentee, or vote in person on Election Day, and I am issuing an executive order to ensure boards of elections have plans in place to safely receive the anticipated additional volume of absentee ballots through in person return,” Governor Cuomo said.”To say this election is the most critical in recent history is understating its importance. We want to make sure every vote in New York is counted and every voice is heard.”

Absentee ballots can be dropped to county boards of elections offices as soon as voters receive their ballot; any early voting location between October 24th and November 1st; and at polling locations on Election Day. By dropping off an absentee ballot at a county board of elections office, early voting site or polling location, New Yorkers can avoid Post Office delays and the need for a stamp.

Most New Yorkers can now request an absentee ballot for the first time under a new law the Governor signed expanding eligibility to all voters who have concerns regarding COVID-19. They should check the “temporary illness” box on their absentee ballot application. To learn more about absentee voting and early voting in New York, visit ny.gov/earlyvote.

The state has launched an absentee ballot portal where voters can directly request an absentee ballot for the upcoming November 3rd election.

Given an expected unprecedented increase in the use of absentee ballots and concerns about the reliability of the United States Postal Service, today’s executive order ensures an expedited, dedicated line for returning absentee ballots in-person, or a contactless drop box in every county.

The state made several sweeping election reform steps in advance of the November 3rd election. 

On August 20, Governor Cuomo signed into law a three-part election reform package to make it easier for New Yorkers to vote and be counted in November, including: allowing absentee ballot applications to be submitted to a board of elections immediately; expanding the necessary protections to allow a voter to get an absentee ballot due to risk or fear of illness including COVID-19 and; ensuring all absentee ballots postmarked on or before Election Day or received by a board of elections without a postmark on the day after the election will be counted. Ballots with a postmark demonstrating that they were mailed on or before Election Day will be counted if received by November 10. 

On August 24, Governor Cuomo issued an Executive Order to further bolster and support New Yorker’s right to vote by requiring county boards of elections to take the following actions:

  1. Send a mailing outlining all deadlines for voters by Tuesday, September 8.
  2. Send staffing plans and needs to the New York State Board of Elections by September 20 so BOE can assist in ensuring adequate coverage.
  3. Adopt a uniform clarified envelope for absentee ballots and require counties to use it.
  4. Count votes faster: require all objections to be made by the county board in real time, make sure that boards are ready to count votes and reconcile affidavit and absentee ballots by 48 hours after elections. 
  5. Provide an option for New Yorkers to vote absentee in village, town and special district elections.

“All board of elections make sure they have everything in place, the staff in place, to count the ballots as soon as possible,” Cuomo said. “And the board of elections have to report staffing plans and any needs for additional staff. If they don’t have the staff. Tell us tell us before. So you can get the staff because you have to be able to count the ballots. You have to be able to tabulate the vote. We want it done and we want it done right, but we want it done timely. We don’t want to hear after-the-fact excuses for why you couldn’t do it. Tell us how you’re going to do it before-the-fact, and your staffing plan from the board of elections that will actually do that.

“This election is going to be one of the most critical in modern history. It will be controversial. You already hear the statements questioning the vote, and the accuracy of the vote, and mail-in ballots. We want to make sure that every vote is counted; every voice is heard and that it’s fair and right and accurate.”

“The federal administration has ordered an unprecedented attack on the U.S. Postal Service and with COVID-19 threatening our ability to have safe, in-person voting, these measures are critical to ensuring a successful and fair election at one of the most important moments in our nation’s history,” Governor Cuomo said. “These actions will further break down barriers to democracy and will make it easier for all New Yorkers to exercise their right to vote this November.” 

New Laws Will Make It Easier for New Yorkers to Vote and Be Counted in November

S.8015-D/A.10833 Authorizes Voters to Request an Absentee Ballot Due to Risk of Illness, Including COVID

S.8783A/A.10807 Authorizes Voters to Request Absentee Ballots Starting Today

S.8799A/A.10808-A Allows Ballots to Be Postmarked On the Day of the Election, November 3

Senate Majority Leader Andrea Stewart-Cousins said, “Voting access is one of the core foundations of our democracy. With the ongoing COVID-19 pandemic, we must ensure that no New Yorkers feel pressured to put their health and well-being at risk to exercise their Constitutional right to vote. I thank the bill sponsors for advancing this legislation, and my Senate Democratic Majority colleagues for their ongoing

commitment to empower New York voters and Governor Cuomo for signing these bills.”

Assembly Speaker Carl Heastie said, “The Assembly Majority knows that democracy is best served when it is easier, not harder for Americans to vote. But the administration in Washington is once again proving that they do not value these critical democratic institutions, going as far as attacking the U.S. Postal Service to limit access to voting by mail. Here in New York, we will not stand for that. Earlier this year, we passed legislation to expand voters access to mail in voting, and we will continue to fight to make it easier and safer for New Yorkers to exercise their constitutional right to vote, and protect the integrity of our elections.”

Relating to Absentee Ballot Requests Due to Risk of Illness (S.8015-D/A.10833)

This legislation gives voters the right to request an absentee ballot due to risk of illness to themselves or others.

Senator Alessandra Biaggi said, “COVID has upended every aspect of our lives — but we cannot allow it to undermine our democracy and New Yorkers’ sacred right to vote. I introduced S8015D to ensure that no New Yorker will have to choose between their health and fulfilling their civic responsibility. Unfortunately, during the June election too many New Yorkers had to make that very choice because they did not receive their ballots on time. I want to thank Governor Cuomo for signing my bill to provide every New Yorker with the assurance that they can vote via absentee ballot come November and to give the Board of Elections the time they need to prepare. I also want to extend my gratitude to Senate Majority Leader Andrea Stewart-Cousins and my colleagues in the Legislature for their partnership and commitment to protecting our democracy.”

Assemblymember Jeffrey Dinowitz said, “Today is a great day for our democracy in New York State. As we continue to work on ways to increase voter efficacy in the absentee ballot process, I thank Governor Cuomo for signing this bill into law so that New Yorkers do not have to choose between risking public health and fulfilling our civic duty to vote. I am proud that New York State can stand in contrast to our White House administration by taking steps to make it easier and safer to vote, instead of casting political dispersions that erode our core democratic institutions.”

Relating to Absentee Ballot Requests (S.8783A/A.10807)

This legislation authorizes voters to request absentee ballots immediately, 30 days before Election Day, adding almost 7 weeks to the amount of time a voter has to vote by absentee ballot. This legislation eliminates an outdated statutory provision that prevents voters from requesting absentee ballots until 30 days before Election Day. The legislation gives voters reassurance that they will receive and can cast their vote in a timely manner.

Senator Zellnor Myrie said, “With an increasing number of voters planning to vote by absentee ballot this year, it is important to give local boards of election sufficient time to process applications and send out ballots, and maximize the time voters have to complete and return them. This legislation is part of our continued effort to expand access to voting, during the pandemic and beyond. Voters should have full confidence that, whether they use a mailbox or a ballot box, they can exercise their rights safely, securely and without obstacles.”

Assemblymember Al Taylor said, “The COVID-19 health crisis has transformed life as we know it, including how we vote. This year we saw a tenfold increase in absentee ballot requests, with more people than ever choosing to vote by mail to protect the health of their families and community. With this new reality, we must ensure voters can exercise their rights in future elections both safely and efficiently, and that includes receiving absentee ballots in a timely fashion. I am honored to continue the fight to expand and protect voting rights in New York alongside my colleagues as we build upon the progress that’s already been made while helping our neighbors stay safe.  Thank you Governor Cuomo for signing this bill into law.”

Relating to Ballots Postmarked on Day of Election (S.8799A/A.10808-A)

This legislation allows ballots to be postmarked on the day of the election, November 3. The legislation also amends election law to allow the Board of Elections to count all absentee ballots that have a time stamp showing it was delivered to the Board of Elections the day after the election but does not have a dated postmark. The Board of Elections shall deem those ballots mailed in a timely fashion.

Senator Michael Gianaris said, “It’s critical we learn the lessons of the primary election and ensure every valid vote counts in November. The bill being signed today will help insulate voters from problems caused by difficulties with the US Postal Service. I’m grateful the Governor is enacting it.”

Assemblymember Rodneyse Bichotte said, “The legislation the governor is signing today will ensure that New Yorkers’ right to participate in the electoral process is protected. We saw unprecedented absentee voter turnout during the primary, but because of financial challenges at the United States Postal Service, many ballots did not receive timely postmarks. We must rise to the occasion and make sure that voters across the state can safely and effectively cast their votes. This legislation will help to address problems with the Post Office, by ensuring that absentee ballots that do not receive a postmark are considered timely if they are received by the Board of Elections the day after an election. This protects the integrity of votes and enfranchises the voter. I thank Gov. Cuomo for signing this bill and my colleagues in the Legislature for supporting New Yorkers by ensuring that their constitutional right to vote is protected.”

campaign finance, Election 2020, Election Reform, Elections, News & Photo Features

Democratic Candidates for 2020: Klobuchar Releases Plan to Safeguard Elections, Strengthen Democracy and Restore Trust in Government

Senator Amy Klobuchar seeking to become the Democratic presidential nominee for 2020 on the debate stage, released her plan to safeguard elections, strengthen democracy and restore trust in government.   © Karen Rubin/news-photos-features.com

The vigorous contest of Democrats seeking the 2020 presidential nomination has produced excellent policy proposals to address major issues. In light of the threats to free and fair elections posed by Russian hacking, foreign interference, gerrymandering, Citizens United and voter suppression, and the impeachment proceedings unnerving public trust in government, Senator Amy Klobuchar has released her plan to safeguard elections, strengthen democracy and restore trust in government.  This is from the Klobuchar campaign:

Senator Amy Klobuchar released her plan to safeguard our elections, strengthen our democracy and restore trust in government.

Senator Klobuchar believes that everything we talk about getting done – from taking on climate change to gun safety to health care reform — will depend on one thing: a democracy that works for the people and making sure every vote counts.

Today insidious forces are working to suppress the vote and drown out people’s voices with dark money. And our intelligence agencies have confirmed time and time again that there have been foreign attacks on our elections, and that our elections remain a target. Republicans in the Senate have repeatedly blocked Senator Klobuchar’s bipartisan legislation to strengthen our election security while our country faces continued threats from foreign adversaries.

Senator Klobuchar believes it’s time to take back our democracy. She has been a leader in the fight to protect our elections from foreign interference, including by securing $380 million in election security funds in 2018 so states could improve their election infrastructure and protect their election systems from cyberattacks. She leads bipartisan legislation in the Senate that would protect our elections with paper ballots and post-election audits, as well as the bipartisan legislation that would promote accountability and transparency for political ads on the internet. 

Senator Klobuchar is also leading the effort in Congress to automatically register every American to vote when they turn 18, and she has fought for the passage of legislation that would restore the Voting Rights Act to take on discrimination at the polls. And she has worked to get dark money out of politics and restore trust in government dating back to her first month as a Senator, when she helped lead the successful push for meaningful ethics reform in Congress.

As President, Senator Klobuchar will champion a major voting rights and democracy reform package and she has already pledged that the For the People Act — legislation that has thirteen of Senator Klobuchar’s legislative provisions — will be the first bill she sends to Congress as President.

Strengthening Election Security and Regulating Online Political Ads

Promote accountability for political ads on the internet. Senator Klobuchar wrote and introduced the bipartisan Honest Ads Act, which would increase transparency and accountability for political ads on the internet by holding large online platforms to the same disclosure and disclaimer standards that apply to radio, broadcast, cable and satellite providers. As President, Senator Klobuchar will push to pass the Honest Ads Act, work to pass the PAID ADs Act — which she leads in the Senate — to make it illegal for foreign nationals to purchase election ads, and work to ban foreign nationals from involvement in decisions regarding political expenditures by corporations, PACs and Super PACs. She will work to prohibit online platforms from allowing political ads that discriminate against people and require online platforms to use human reviewers to approve political ads placed on their platforms. Today, there are no protections preventing misleading and outright false political ads online. That’s why Senator Klobuchar supports preventing social media companies from running political ads full of false claims and lies by holding them responsible.

Take on disinformation campaigns and foreign efforts to influence our elections. As President, Senator Klobuchar will require political campaigns to report any attempt by a foreign entity to influence our elections to the Federal Election Commission and Federal Bureau of Investigation. She will also prohibit U.S. political campaigns from offering non-public material to foreign entities. Senator Klobuchar will work to pass legislation based on the Deceptive Practices and Voter Intimidation Act, which she leads with Senator Cardin, to make it illegal to knowingly deceive others about how to participate in a federal election and to direct the Attorney General to work with states to counter voter intimidation. She will invest in media literacy education to teach students how to identify misinformation online, based on her Digital Citizenship and Media Literacy Act. Finally, she will work to pass the Combatting Foreign Influence Act, which she leads in the Senate, to direct the Director of National Intelligence to establish a Malign Foreign Influence Response Center to coordinate work across the intelligence community and law enforcement to assess foreign influence operations with a whole-of-government approach.      

Build U.S. cyber expertise to defend our elections. As President, Senator Klobuchar will make cybersecurity an immediate priority. She will issue an Executive Order launching government-wide cybersecurity initiatives, fast-tracking and streamlining procurement of modern information technology across agencies. She will launch a cabinet-level taskforce on election cybersecurity to coordinate across agencies, including the intelligence community, on how the federal government can work with state and local governments to address cyber threats to our democracy and infrastructure. She will also work to pass legislation based on the Invest in Our Democracy Act, bipartisan legislation she leads in the Senate, to provide grants to states for election officials to receive continuing education in cybersecurity and election administration.

Fortify state election infrastructure against cyberattacks. Senator Klobuchar leads the effort to require all jurisdictions to have paper ballots through her Election Security Act, but Senator McConnell and the White House have prevented the bill from coming to a vote. She also led the successful effort to secure $380 million for State Election Security Grants in 2018. As President, Senator Klobuchar will require states to use paper ballots, set strong cybersecurity standards for voting infrastructure, increase grants to states for upgrades to their voting infrastructure and promote the use of post-election risk-limiting audits. These proposals are based on Senator Klobuchar’s legislation, Senator Wyden’s Protecting American Votes and Elections Act of 2019, which Senator Klobuchar co-sponsors in the Senate, and the SAFE Act, which passed the House in June 2019. She will also require the Director of National Intelligence to assess election threats and work with the Department of Homeland Security and Election Assistance Commission to provide assistance to states to counter those threats. 

Eliminating Obstacles to Voting and Making It Easier to Vote 

Automatically register every American when they turn 18. Senator Klobuchar believes we must do more to reduce barriers to voting. In the Senate, she has championed the Register America to Vote Act to automatically register all eligible citizens on their eighteenth birthday and she will get it passed as President. Automatically registering voters in every state would result in 22 million newly registered voters in just the first year of implementation, according to the Center for American Progress. Senator Klobuchar will also launch a pilot program to provide resources for initiatives that provide 12th graders with voter registration information. This proposal is based on the Students VOTE Act, legislation Senator Klobuchar leads in the Senate. 

Restore the Voting Rights Act. Senator Klobuchar has long advocated for Congress to take action to address the U.S. Supreme Court’s 2013 decision in Shelby County v. Holder, which struck down key parts of the Voting Rights Act. As President, she will restore protections for voters in states with a recent history of discrimination. Senator Klobuchar will also champion the Native American Voting Rights Act, legislation she helps lead in the Senate, to provide the necessary resources and oversight to ensure Native Americans have equal access to the ballot box and the electoral process.

Prohibit voter purges and remove exact-match requirements. Senator Klobuchar has pushed to protect the constitutional rights of Americans from voter purges, which disproportionately impact minority, low-income, disabled, and veteran voters. In Georgia, former Secretary of State Brian Kemp purged over 1.4 million voters from the rolls and held up the voter registrations of 53,000 people because of things like a discrepancy over a hyphen in a last name. As President, Senator Klobuchar will pass her bill with Senator Brown, the SAVE Voters Act, to prohibit states from purging Americans from voter rolls for not voting in recent elections. The bill amends the National Voter Registration Act to prevent a state from using someone’s failure to vote or respond to a state notice as reason to target them for removal from voter rolls. Senator Klobuchar will also work with Congress to pass legislation requiring states to remove “exact-match” requirements and other unnecessary and discriminatory obstacles to registering to vote.   

Break down institutional barriers to voting. Senator Klobuchar believes we must do more to make it easier for Americans to vote — not harder. As President, she will champion reforms to break down institutional barriers to voting, including: 

Promote early voting and no-excuse absentee voting. Nine states do not offer early voting and in 19 states an excuse is required to vote absentee. Senator Klobuchar will push to make voting more convenient and support voter participation by working with states to establish early voting and no-excuse absentee voting nationwide. 

Establish minimum notification requirements for voters affected by polling place changes. Senator Klobuchar will stand up to attempts to suppress voter turnout by requiring states notify voters affected by polling place changes no later than seven days before the date of the election or the first day of an early voting period. 

Designate election day as a federal holiday. Senator Klobuchar will designate election day as a federal holiday. 

Establish Same Day Registration. In addition to championing her legislation to automatically register every American when they turn 18, Senator Klobuchar will also pass legislation she leads in the Senate, the Same Day Voter Registration Act, that requires states to allow people to register to vote on the same day as the election. 

Increase accessibility in voting for people with disabilities. Senator Klobuchar believes we need to make it easier for the voices of people with disabilities to be heard on Election Day. As President, she will strengthen requirements for increased accessibility at polling places and expand resources by providing grants for states to make it easier for people with disabilities to vote. 

Ensure ballots are counted from Americans living overseas and those serving in the military and their family members. Senator Klobuchar believes we should be doing everything we can to make voting easier for every American – including the 3 million Americans living overseas and more than 1.3 million active duty service members. Recently, she was successful in passing a provision in the Senate’s 2020 National Defense Authorization Act that would require Federal Voting Assistance Program to conduct a comprehensive study on how to scale a ballot tracking program for all military and overseas voters. As President, she will push to require states to ensure that all overseas voters receive their ballots at least 45 days before an election; improve the availability and transmission of absentee ballots abroad; and ensure that those ballots are counted by hand in any recount or audit. In addition, Senator Klobuchar will make sure that spouses of active duty service members do not have to change their legal residency each time they move for a military reassignment, a proposal that is based on the Support our Military Spouses Act, legislation she has championed in the Senate. 

Ensure that those affected by natural disasters can still vote. As the effects of climate change become more disruptive, Senator Klobuchar believes that it is especially important to ensure that natural disasters do not prevent Americans from voting. As President, she will ensure that people living in areas where an emergency has been declared, those who have been displaced by a natural disaster, and professional or volunteer service emergency responders have access to an absentee ballot. In addition, anyone who expects to be hospitalized on Election Day or is not able to receive a requested absentee ballot from their state or jurisdiction would also be eligible to receive an emergency ballot. This proposal is based on the Natural Disaster Emergency Ballot Act, legislation Senator Klobuchar has championed in the Senate.

Overhauling Our Campaign Finance System 

Overturn Citizens United. Senator Klobuchar believes that the surge in special interest cash in political campaigns since the Citizens United Supreme Court decision is undermining our elections and shaking the public’s trust in our elections. She will lead the effort to pass a constitutional amendment to overturn Citizens United and get the dark money out of politics.

Establish a public financing system and increase the power of small donors. Senator Klobuchar has long pushed for meaningful campaign finance reform to ensure the voices of average Americans are heard. As President, Senator Klobuchar will push to establish a campaign finance system to increase the power of small donors that matches 6-to-1 donations of $200 or less to eligible candidates. 

Reform the Federal Election Commission (FEC). Senator Klobuchar believes that gridlock in the FEC — including the recent lack in quorum — has prevented the Commission from fully playing its role in administering and enforcing federal campaign finance laws. She has called on President Donald Trump to work with the Senate to help reestablish a quorum by nominating a commissioner to fill the vacant Democratic seat. And as President she will advance critical reforms to ensure a fully functioning FEC, including reducing the number of members from 6 to 5, ensuring the Commission has an accountable Chair with clear distribution of duties between the Chair and the FEC, and preventing commissioners from remaining in office indefinitely as holdovers. This proposal is based on the Campaign Finance Transparency Act, legislation she leads in the Senate.

Increase transparency in political spending. Senator Klobuchar believes that we must do more to shine a light on the corporate dark money spending. As President, she will champion the passage of the DISCLOSE Act, legislation she co-sponsors in the Senate, requiring corporations, super PACs and certain non-profits to promptly disclose election spending of $10,000 or more and list any donor who gives over $10,000 to the organization.

Ensuring Free and Fair Elections

End partisan gerrymandering. Senator Klobuchar believes that partisan gerrymandering undermines the principles of our democracy. She has signed the Fair Districts Pledge developed by former Attorney General Eric Holder and the National Democratic Redistricting Committee to support fair redistricting that ends map manipulation and creates truly representative districts. Particularly in the wake of the 2019 Supreme Court decision that effectively gave the greenlight to politically manipulate congressional districts, Senator Klobuchar will require states to establish independent, bipartisan redistricting commissions that will develop fair statewide district maps following each decennial census. This proposal is based on the Redistricting Reform Act, legislation Senator Klobuchar leads in the Senate. 

Improve the treatment of provisional ballots. Senator Klobuchar will require states to establish uniform and nondiscriminatory standards for issuing, handling, and counting provisional ballots including requiring provisional ballots from eligible voters who voted at the wrong voting place to be counted. 

Restore Americans’ right to vote after being released from incarceration. Senator Klobuchar believes that Americans who have been released from incarceration should be able to exercise their right to vote. As President she will restore citizens’ right to vote after being released from incarceration. 

Restoring Trust in Government

Ensure that the President is not above the law. Senator Klobuchar believes we must take urgent action to reverse the harm President Trump has done to his office by openly flaunting the rule of law. She will instruct the Justice Department to withdraw the Office of Legal Counsel’s opinions prohibiting the indictment of a sitting president. She will also make it clear that the President and Vice President have to follow conflict of interest laws and require the President and major candidates for President to make their tax returns publicly available.

Overhaul ethics rules for White House employees and other senior officials. Senator Klobuchar believes that accountability starts at the top, and that in addition to strengthening accountability for the President, we must have the highest ethical standards for White House employees and other senior officials. Senator Klobuchar will strengthen investigations of foreign agents who lobby in the United States, give the Office of Government Ethics more enforcement power and provide additional protections for all Special Counsels. She will also publicly post executive branch ethics waivers and report senior officials’ conflicts of interest in rulemaking.

Strengthen protections for whistleblowers. Senator Klobuchar believes that the best way to encourage individuals with knowledge of wrongdoing to come forward is to provide and enforce strong protections for whistleblowers. Within her first 100 days in office, Senator Klobuchar will issue guidance affirming that the Department of Justice cannot intervene in the transmission of a whistleblower complaint to Congress under the Intelligence Community Whistleblower Protection Act. She will also work with Congress to expand whistleblower protections, including for government contractors, and direct all federal agencies to fully implement whistleblower education and anti-retaliation plans.

Increase transparency and protect journalists. As the daughter of a newspaper man, Senator Klobuchar has always believed transparency and journalism are critical to our nation’s democracy. Within her first 100 days in office, she will restore former Attorney General Eric Holder’s guidance on protections for journalists so that they are not jailed for doing their jobs. Senator Klobuchar will also direct the Office of Legal Counsel to make all of its opinions publicly available unless there is a compelling national security reason to prevent their release. She will fully fund Freedom of Information Act offices within executive agencies and direct them to post FOIA requests online.

Read the full plan here.

campaign finance, Democrats 2020, Election 2020, Election Reform, Elections, News & Photo Features

Democratic Candidates for 2020: Biden Details Ambitious Campaign Finance Plan to Insure Government Works for People, Not Special Interests

Former Vice President Joe Biden, seeking the 2020 Democratic nomination for president, is proposing an ambitious plan to guarantee that government works for the people and not for special interests © Karen Rubin/news-photos-features.com

The vigorous contest of Democrats seeking the 2020 presidential nomination has produced excellent policy proposals to address major issues. Former Vice President Joe Biden, seeking the 2020 Democratic nomination for president, is proposing an ambitious campaign finance plan to guarantee that government works for the people and not for special interests. Biden has been criticized, however, for his recent announcement, in face of low campaign cash on hand, that he would accept money from Super PACs.

This is from the Biden campaign:

“Donald Trump has presided over the most corrupt administration in modern history. Trump has abused the presidency to enrich himself — spending countless tax dollars at his own properties. Members of his administration have failed to divest themselves from conflicts of interest as promised. Trump has weaponized the Executive Branch against its core mission, including using the U.S. Justice Department to protect the president and his interests, over the American people and the rule of law. And, Trump has welcomed wealthy special interests — including the National Rifle Association — into the Oval Office and to the highest levels of his administration to develop and guide policy.”

Biden will strengthen our laws to ensure that no future president can ever again abuse the office for personal gain. 

As president, Biden will:

Reduce the corrupting influence of money in politics and make it easier for candidates of all backgrounds to run for office;

Return integrity to the U.S. Department of Justice and to Executive Branch decision-making;

Restore ethics in government;

Rein in Executive Branch financial conflicts of interest; and 

Hold the lobbyists and those they lobby to a higher standard of accountability.

Highlights from Biden’s plan include:

Biden will introduce a constitutional amendment to entirely eliminate private dollars from our federal elections. This amendment will do far more than just overturn Citizens United: it will return our democracy to the people, away from the corporate interests that seek to distort it. While we work toward a constitutional amendment, meaningful change can be made by legislation. Biden will propose legislation to provide public matching funds for small dollar donations to all federal candidates. Biden has advocated for public financing of federal campaigns since the very beginning of his Senate career. He first co-sponsored legislation to create a public financing system for House and Senate candidates in 1973.

Biden will block any future president or anyone else in the White House from interfering with decisions about who or what to investigate and prosecute. On day one, Biden will issue an Executive Order directing that no White House staff or any member of his administration may initiate, encourage, obstruct, or otherwise improperly influence specific DOJ investigations or prosecutions for any reason; he will commit to terminating anyone who tries to do so. Biden will also enact legislation giving the DOJ Inspector General full power to investigate any allegation of improper partisan influence on DOJ investigations and prosecutions; and requiring the IG to report in detail to Congress any time such an allegation is substantiated. 

Biden will establish the Commission on Federal Ethics (CFE), a single government agency empowered to oversee and enforce federal anti-corruption and ethics laws. CFE will have the authority to enforce its own subpoenas and to refer matters for criminal investigation to the DOJ, as well as an obligation to report to the public when DOJ has chosen not to proceed with that referral. It will be tasked with tightening existing loopholes that let public officials hide assets in discretionary trusts, or let lobbyists cloak influence campaigns in vague disclosures. And, CFE will be tasked with establishing ethics.gov, a new one-stop destination with all campaign finance, financial disclosure, and lobbying information all in one place.

Biden will expand and strengthen lobbying disclosure laws, requiring the office-holder in addition to the lobbyist to disclose the meeting. And, Biden will require Members of Congress to disclose any legislative language or bill text submitted by any lobbying party. Additionally, Executive Branch officials will be required to disclose any regulatory text submitted by any outside entity. 

Biden will bar lobbying by foreign governments; and will require that any foreign business seeking to lobby must verify that no foreign government materially owns or controls any part of it.

Biden will enact legislation that requires all candidates for federal office disclose returns dating back 10 years prior to the date they declared their candidacy for their first federal office. 

FACT SHEET:
THE BIDEN PLAN TO GUARANTEE GOVERNMENT WORKS FOR THE PEOPLE

REDUCE THE CORRUPTING INFLUENCE OF MONEY IN POLITICS
 
Biden strongly believes that we could improve our politics overnight if we flushed big money from the system and had public financing of our elections. Democracy works best when a big bank account or a large donor list are not prerequisites for office, and elected representatives come from all backgrounds, regardless of resources. But for too long, special interests and corporations have skewed the policy process in their favor with political contributions.
 
Biden has advocated for public financing of federal campaigns since the very beginning of his Senate career. He first co-sponsored legislation to create a public financing system for House and Senate candidates in 1973. In 1997 and many years afterward, he co-sponsored a constitutional amendment that would have limited contributions as well as corporate and private spending in elections and prevented the damage caused by the Supreme Court in Citizens United. 
 
Biden will reform our campaign finance system so that it amplifies the voices of the public, not the powerful — particularly the voices of working Americans. Under his leadership, our system will make sure that the principles of equality, transparency, and public — not private — interest drive all government decisions. Toward those ends, Biden will:

Introduce a constitutional amendment to entirely eliminate private dollars from our federal elections. Biden believes it is long past time to end the influence of private dollars in our federal elections. As president, Biden will fight for a constitutional amendment that will require candidates for federal office to solely fund their campaigns with public dollars, and prevent outside spending from distorting the election process. This amendment will do far more than just overturn Citizens United:  it will return our democracy to the people and away from the corporate interests that seek to distort it. 

Enact legislation to provide voluntary matching public funds for federal candidates receiving small dollar donations. While we work toward a constitutional amendment, meaningful change can be made by legislation. Biden will propose legislation to provide public matching funds for small dollar donations to all federal candidates. This will especially help first-time candidates access the resources needed to compete, freeing them to focus on interacting with voters, not high-dollar donors.

Keep foreign money out of our elections. Biden will propose a law to strengthen our prohibitions on foreign nationals trying to influence federal, state, or local elections.  He will direct a new independent agency, the Commission on Federal Ethics (discussed in detail below), to assure vigorous and unified enforcement of this and other anti-corruption laws. The Commission will establish robust disclosure requirements, so that any online electioneering communication that originates abroad is identified and flagged.  

Restrict SuperPACs. The Supreme Court’s decision in Citizens United is wrong and should be overturned by a constitutional amendment – but we can’t wait to limit its pernicious effect. As president, Biden will work to enact legislation ensuring that SuperPACs are wholly independent of campaigns and political parties, from establishment, to fundraising and spending.  

Increase transparency of election spending.  Our campaign finance law is outdated, and Biden will update it to reflect the modern era. Too often, candidates and their allies now use online platforms like Facebook and Twitter to spread misleading or outright false ads that are micro-targeted to certain populations and unrecognized by the press. Biden will propose legislation codifying what should be a simple tenet of campaign finance law: any group that advocates for or against candidates for federal office in its ads or communications must disclose its contributors.  No more hiding behind “dark money” groups to spread lies. This law will require all online ads, how they’re targeted, and who paid for them to be posted by the groups to a public database on a new one-stop website, ethics.gov — so no one can target voters with misinformation without attracting media or political attention. 

End dark money groups. Federal law recognizes “social welfare” groups, also known as 501(c)(4)s, which were intended to advocate for specific causes. But after Citizens United, they’ve increasingly been used as dark money groups — spending hundreds of millions of dollars on federal and state elections without disclosing their donors. Biden will enact legislation to bar 501(c)(4)s from spending in elections – the same bar that applies to Section 501(c)(3) charitable groups. He’ll also lead reform of the Federal Election Campaign Act, to ensure that any entity of any kind that spends more than $10,000 on federal elections must register with the Commission on Federal Ethics and publicly disclose its donors. 

Require real time disclosure. Today, voters have to wait until after an election to fully learn who spent money to influence their decision. Biden will propose legislation to change that, by requiring campaigns and outside entities that run ads within 60 days of an election to disclose any new contributions within 48 hours.

Ban corporate PAC contributions to candidates, and prohibit lobbyist contributions to those who they lobby. Biden will ensure that lobbyists and corporate PACs do not play a role in our elections. Biden’s presidential campaign is refusing any funding from lobbyists and corporate PACs. As president, he’ll enact legislation to bar lobbyists from making contributions to, and fundraising or bundling for, those who they lobby. This legislation will be designed to ensure that the public knows as much as possible about the political spending of those who seek to influence officeholders and other government officials.  Any lobbyist contribution must be disclosed within 24-hours, and any lobbyist-hosted fundraising event must be disclosed before it occurs.

Reform funding for national party conventions. Biden will propose legislation establishing that any political party that receives more than 5% of the national vote should have its national convention publicly financed.  Primaries — and the conventions that certify their results — are good for democracy. Conventions should be, too. They should not be funded by corporate or monied interests. 

Close the federal contractor loophole. As president, Biden will close the loophole that currently allows officers and directors of federal contractors to contribute to federal candidates. If you make money from government contracts, you should do so on merit — not because of campaign spending.

RETURN INTEGRITY TO THE DEPARTMENT OF JUSTICE AND OTHER EXECUTIVE BRANCH DECISION-MAKING
 
The Attorney General and the rest of U.S. Department of Justice (DOJ) serve and protect the American people, not the private and political interests of the president. The same is true for other Executive Branch agencies. Yet time after time, President Trump has improperly sought to use DOJ to attack his political opponents and to shield him, his family, and his associates from any meaningful oversight or investigation. Trump has asked DOJ to prosecute Democrats and others who disagree with him; he has enlisted DOJ in his effort to keep his tax returns from seeing the light of day; and he has attacked the hard-working career prosecutors and agents who devote their lives to public service.
 
Trump has weaponized the DOJ against laws enacted by Congress and supported by the public — like the Affordable Care Act, which has given more than 20 million Americans access to health insurance that they lacked before.  He has similarly used his appointments and executive orders to ask Executive Branch agencies to stray from their mission — directing the Department of Health and Human Services to dismantle, rather than enforce, the Affordable Care Act and asking the Environmental Protection Agency to excuse polluters, rather than to ensure clean air and clean water for the American people, as the law requires.  It’s wrong.
 
To maintain the rule of law, and to bring integrity back to our justice system and government, Biden will take aggressive action, including:

Prevent the president or White House from improperly interfering in federal investigations and prosecutions. Biden will work to block any future president or anyone else in the White House from improperly interfering with decisions about who or what to investigate and prosecute. Those decisions must be based on the facts and the law alone, free from political or partisan influence. The president can set broad enforcement priorities, but he or she should never tell DOJ which specific people or companies to investigate or prosecute. On day one of his presidency, Biden will issue an Executive Order directing that no White House staff or any member of his administration may initiate, encourage, obstruct, or otherwise improperly influence specific DOJ investigations or prosecutions for any reason; and he will pledge to terminate anyone who tries to do so. Biden will also enact legislation giving the DOJ Inspector General full power to investigate any allegation of improper partisan influence on DOJ investigations and prosecutions; and requiring the IG to report in detail to Congress any time such an allegation is substantiated. And, Biden will work with Congress to strengthen our whistleblower laws, so that any federal employee who learns of an improper attempt to influence a DOJ investigation or prosecution knows how to report it and receives full protection against retaliation by anyone, including the president. Those reforms will also ensure that all such reports are transmitted directly to the Congress.

Increase transparency in DOJ decision-making. Biden will make DOJ policies and practices more transparent and accessible to the public. Too many of the Trump Administration’s worst decisions – whether claiming that the Affordable Care Act is unconstitutional or that DACA is illegal – were made without grounding in the law. Biden will require DOJ to report and explain in detail any change in position on a significant legal issue to Congress and the public.

Empower agency watchdogs to combat unethical behavior.  Biden will strengthen Inspectors General laws — which established watchdogs in nearly every Executive Branch agency — to give IGs the full subpoena power and independence they need to investigate and publicize any official’s actual or attempted improper conduct. Inspectors General must be given the express authority to prevent, investigate, and disclose all violations.

Prohibit improper interference in agency matters.  Biden will ensure that agency decisions on specific matters, like awarding government contracts or granting government permits, are based on merit and expertise, not on political preferences. Biden will issue an Executive Order prohibiting anyone in the White House from interfering with federal agencies on these matters, and he will require the White House to disclose to the public if any corporation, individual, or other entity tries to solicit White House help.  This information will be aggregated and made public by the Commission on Federal Ethics. 

Empower DOJ to enforce the law. Biden will ensure that DOJ has the resources and authority to enforce our laws, including those the Trump Administration has told career prosecutors and agents to ignore – laws that protect our voting rights, make discrimination illegal, and protect the environment. And, Biden will re-commit the Department’s Civil Rights and Energy and Natural Resources divisions to their missions. 

RESTORE ETHICS IN GOVERNMENT
 
For the eight years of the Obama-Biden Administration, there was not a hint of scandal. The administration established the most stringent ethics code ever adopted by any White House. Its procedures ensured that all decisions were made on the merits, without bias, favoritism, or undue influence. President Obama and Vice President Biden set clear expectations that the ethics code and existing law must be followed. 
 
The Trump Administration has shredded those standards. Trump is accepting foreign emoluments, and has disregarded his pledge not to expand his business overseas. And, Trump is using the federal government to prop up his resorts with countless tax dollars.
 
Many of our imperfect yet essential government ethics laws trace their origins to the country’s response to Watergate. As president, Biden will ensure that the country’s response to the Trump Administration’s violations is even more aggressive. Specifically, Biden will:

Establish the Commission on Federal Ethics to more effectively enforce federal ethics law. Biden will propose and enact legislation establishing a single government agency empowered to oversee and enforce federal anti-corruption and ethics laws. Today, existing law is a patchwork of subject-matter-specific mandates, overseen by agencies that often lack the authority to demand and receive compliance. And, public data tracking who is trying to influence our elected officials is equally patchworked and hard to find. This commission will make all information about how certain interests are seeking to influence our government easily accessible.

The office will have broad investigative and civil enforcement authority, expanding on powers now held by the FEC, OGE, and the Office of Special Counsel. It will have the authority to enforce its own subpoenas, ending the Trump Administration’s illegal stonewalling. It will have the power to refer matters for criminal investigation to the DOJ, and an obligation to report to the public when DOJ has chosen not to proceed with that referral. And it will be tasked with tightening existing loopholes that let public officials hide assets in discretionary trusts, or let lobbyists cloak influence campaigns in vague disclosures.

In addition, the Commission on Federal Ethics (CFE) will be tasked with establishing an ethics.gov, a new one-stop destination for Americans interested in learning about the elected and appointed officials who serve them, and those who seek to influence that service. It will compile campaign finance, financial disclosure, and lobbying information all in one place — and, as detailed in this plan, that information will be more comprehensive than ever. 

CFE Structure: To avoid the stalemate that afflicts some agencies today, CFE will be run by a five-member Commission, appointed by the President and confirmed by the Senate, with no more than three commissioners from the same political party. Commissioners will hold office for staggered 10-year terms across presidential administrations, removable only for cause. Nominations to the Commission will be suggested by a blue ribbon panel of former prosecutors, judges, and state regulators. Only those with experience in prosecuting public corruption or regulating ethics and campaign finance will be eligible for appointment.

To monitor CFE effectiveness, and to ensure that it responds to all threats to ethical and transparent government, the Office will be advised by an 11-member CFE Oversight Board, comprised of bipartisan experts in ethics, campaign finance, and open government. The Board will report to CFE twice annually with recommendations on how to strengthen ethics enforcement; when the Board recommends updates, CFE will be bound to consider them publicly and to explain if any are not followed. 

Require that all candidates for federal office release tax returns dating back 10 years prior to the date they declared candidacy for their first federal office. Many Senate committees require nominees for Cabinet-level positions to provide their tax returns for inspection – because knowing how a person has earned their living can inform decisions on their suitability for office. If we require that of appointed officials, why do we expect less of elected-office seekers? The past 21 years of Biden’s federal tax returns have been released, open to inspection by voters and the media. As president, Biden will enact legislation requiring that every candidate for federal office disclose returns dating back 10 years prior to the date they declared their candidacy for their first federal office.

Expand on and codify into law the Obama-Biden Administration ethics pledge.  On day one, Biden will issue an ethics pledge, building and improving on the Obama-Biden Administration’s pledge, to ensure that every member of his administration focuses day-in and day-out on the best outcomes for the American people, and nothing else. The pledge will address not only the improper influence of lobbyists, but also any improper or inappropriate influence from personal, financial, and other interests – ensuring an extra layer of review and scrutiny whenever policy proposals or recommendations come from a conflicted source.

REIN IN EXECUTIVE BRANCH FINANCIAL CONFLICTS OF INTEREST
 
President Trump is using the Presidency to enrich himself. His Cabinet is full of members who’ve failed to follow through on promised divestments or recusals. Biden will renew public confidence in our democracy by ensuring that everyone in a position of public trust eliminates even the appearance that their financial holdings could influence decision-making.
 
As president, Biden will:

Prevent the president and other senior Executive Branch members from being influenced by personal financial holdings. No member of the Biden Administration will be influenced by personal financial holdings. As President, just as he did as Vice President, Biden will hold only Treasury bonds, annuities, mutual funds, and private residential real estate; likewise, any retirement plans benefiting Joe or Jill Biden will be in large-cap mutual funds. By Executive Order, Biden will demand strict compliance with ethics agreements that he will demand of each of his Cabinet and other senior administration officials. And, he will enact legislation strengthening these practices, so we’re never again exposed to self-enrichment like that seen in the Trump Administration.

Extend this standard to U.S. House and Senate members. Biden will work with Congress to enact legislation to apply similar standards to its members. 

Eliminate the trust loophole in existing financial disclosure law. The Ethics in Government Act requires candidates for federal office and senior Executive Branch officials to disclose their assets. It aims to give the public, media, and other government officials a chance to identify potential conflicts, and to demand recusal where appropriate. But candidates and public officials often transfer assets into trusts controlled by family members or close friends, and then disclose just the existence of the trust rather than the assets it holds. This loophole has allowed many senior officials — including President Trump — to avoid disclosing significant financial interests. Biden will work with Congress to close this loophole; and will meanwhile require that any member of his Administration who is a beneficiary of a discretionary trust disclose all of its holdings.

HOLD THE LOBBIED AND LOBBYISTS TO A HIGHER STANDARD OF ACCOUNTABILITY
 
Our government should operate in the public interest—making decisions on the merits, and not to meet the demands of well-heeled interests. The public has a right to know when lobbyists meet Members of Congress and Executive Branch officials; it should know with whom they speak, and about what. What’s more, lobbyists often provide draft legislative or regulatory language they hope to be enacted. That information should be made public, too. Today, our lobbyist regulations are filled with loopholes and only lobbyists and the corporate interests they represent are required to disclose far too little.. It is time that we strengthen our lobbyist rules and hold public officials accountable by making sure they meet these higher standards too.     
 
As president, Biden will:

Hold elected officials accountable for public transparency of lobbying meetings. Existing lobbying law focuses primarily on the people who are doing the lobbying. It is time the law expanded to include the public officials who are the subject of lobbying. If your Senator or Representative is meeting with a special interest group, you should know. If the Secretary of Education is making decisions about student debt after dozens of meetings with lenders, you should know that, too. Biden will expand lobbying disclosure laws, so the obligation for transparency falls on the office-holder, as well as on the lobbyist. Specifically, Biden will propose legislation to require elected officials to disclose monthly any meetings or communications with any lobbyist or special interest trying to influence the passage or defeat of a specific bill – whether seeking the officeholder’s vote, or assistance in introducing or developing legislation. Under the Biden plan, members of Congress will be required to disclose any legislative language or bill text submitted by any lobbying party. Executive Branch officials will be required to disclose any regulatory text submitted by any outside entity. And, members of Congress and senior executive branch officials will be required to develop and disclose any access policy they have that governs requests for appointments. The CFE will make all of that information publicly available. If an office-holder believes that meetings with particular entities serve the public, let them explain why.

Make lobbying disclosure meaningful. Lobbying law should effectively inform the public and discourage conduct that distorts government decision-making. But current law does neither. Disclosure requirements are riddled with loopholes, so lobbyists can coordinate a PR campaign without ever disclosing their work. Detailed campaigns can be shielded by vague references to lobbying a chamber of Congress. Influencers are free to disclose only general information about the laws and regulatory activity they are trying to shape, without revealing specifics. Biden will lower the threshold for when those seeking to influence government decisions must register as “lobbyists” — to include anyone who earns more than $1,000 annually to be involved in developing or overseeing a lobbying strategy. The law will require them to disclose in detail exactly what they’re doing: with whom they’re meeting, the materials they’re sharing, any specific legislative (or regulatory) language they are proposing, and precisely what outcomes they’re seeking.

Prohibiting foreign governments’ use of lobbyists. There is no reason why a foreign government should be permitted to lobby Congress or the Executive Branch, let alone interfere in our elections. If a foreign government wants to share its views with the United States or to influence its decision-making, it should do so through regular diplomatic channels. The Biden Administration will bar lobbying by foreign governments; and it will require that any foreign business seeking to lobby must verify that no foreign government materially owns or controls any part of it. 

Ensure truly public access. In Washington, the ability to schedule a meeting with an elected official or his or her staff is a form of currency. Under the Biden plan, members of Congress and senior Executive Branch officials will be required to develop and disclose to the public any policies that their office has instituted on when to accept or prioritize appointments. In addition, Biden will return to the Obama-Biden Administration practice of disclosing White House visitor lists. 

Democrats 2020, Election 2020, Election Reform, Elections, Voting Rights

Democratic Candidates for 2020: Senator Klobuchar Pledges ‘For the People’ Act to Protect the Right to Vote

Senator Amy Klobuchar has pledged that the For the People Act — legislation that contains 13 of Senator Klobuchar’s legislative provisions to improve access to the ballot box — will be the first bill she sends to Congress as President. (c) Karen Rubin/news-photos-features.com

The vigorous contest of Democrats seeking the 2020 presidential nomination has produced excellent policy proposals to address major issues. Senator Amy Klobuchar has pledged that the For the People Act — legislation that contains 13 of Senator Klobuchar’s legislative provisions to improve access to the ballot box — will be the first bill she sends to Congress as President. This is from the Klobuchar campaign:

MINNEAPOLIS, MN – The right to vote has been hard-fought and hard-won. Right now, insidious forces are working to take that right away. There are those who suppress the vote with intimidation, repress our voices with dark money, and refuse to address foreign attacks on our elections.

Not Senator Klobuchar.

Senator Klobuchar believes it’s time to take back our democracy. She’s leading the effort in Congress to automatically register every American to vote when they turn 18, and she has fought for the passage of legislation that would restore the Voting Rights Act to take on discrimination at the polls. She’s also worked to get dark money out of politics and in her first month as a Senator, she helped lead the successful push for meaningful ethics reform in Congress.

At the same time, Senator Klobuchar is working to make it harder for foreign adversaries to interfere in our elections. In 2018, she secured $380 million in election security funds so states could improve their election infrastructure and protect their elections from attacks by foreign adversaries. And she’s leading legislation in the Senate to protect our elections with backup paper ballots, election audits, and accountability for political ads on the internet.

Senator Klobuchar has pledged that the For the People Act — legislation that has thirteen of Senator Klobuchar’s legislative provisions — will be the first bill she sends to Congress as President.

She will also champion a voting rights and democracy reform package that:

Eliminates obstacles to voting and makes it easier to vote by

Spearheading automatic voter registration for all eligible citizens on their eighteenth birthday by passing and signing into law Senator Klobuchar’s Register America to Vote Act 

Restoring the Voting Rights Act protections for voters in states with a recent history of discrimination

Breaking down institutional barriers to voting, promoting early voting, and prohibiting states from purging voters from rolls for not voting in recent elections by passing and signing into law Senator Klobuchar’s SAVE VOTERS Act

Establishing minimum notification requirements for voters affected by polling place changes

Designating election day as a federal holiday 

Working with states to assist voters with disabilities

Passing Same Day Registration to require states to allow people to register to vote on the same day as the election by passing and signing into law Senator Klobuchar’s Same Day Registration Act 

Ensures elections are free and fair by

Restoring citizens’ right to vote after being released from incarceration.

Ending partisan gerrymandering

Requiring backup paper ballots and providing election security grants to states for cyber improvements and audits as part of the Election Security Act — an effort Senator Klobuchar has led and continues to lead in the Senate 

Ensuring accountability for political ads on the internet by passing and signing into law Senator Klobuchar’s bipartisan Honest Ads Act

Ensuring ballots are counted from Americans serving in the military and their family members

Combating foreign interference campaigns by improving media literacy education that teaches students skills to identify misinformation online

Overhauls our campaign finance system by

Supporting a constitutional amendment to overturn Citizens United 

Establishing a campaign finance system to increase the power of small donors through a multiple matching system for small donations

In addition, Senator Klobuchar has laid out a plan for her first 100 days that includes executive action she can take to strengthen our democracy immediately: 

Revive the aggressive protection of voting rights. Senator Klobuchar will restore the federal government’s longstanding position of challenging intentionally racially discriminatory voting laws. And while Congress works to restore the Voting Rights Act (VRA), Senator Klobuchar will direct the Department of Justice to use Section 3 of the VRA to “bail-in” jurisdictions to its preclearance requirements, allowing federal courts to place jurisdictions under the oversight requirement of the VRA.

Prioritize cybersecurity and protect our elections and other American infrastructure from cyber attack. As President, Senator Klobuchar will make cybersecurity an immediate priority. She will issue an Executive Order launching government-wide cybersecurity initiatives, fast-tracking and streamlining procurement of modern information technology across agencies. She will also launch a cabinet-level taskforce on election cybersecurity to coordinate across agencies, including the intelligence community, on how the federal government can work with state and local governments to address cyber threats to our democracy and infrastructure. She will also introduce legislation that provides election security funding, requires backup paper ballots, and requires campaigns to report contacts from foreign nationals seeking to interfere in an election to federal authorities.

Impose full sanctions on Russia for hostile act against the United States and its allies. In 2017, Congress passed legislation providing additional authorities for the President to impose sanctions on Russia in response to its election interference and other aggressive actions. The Trump Administration has resisted full implementation of these sanctions. Senator Klobuchar will use these authorities to the fullest extent possible to impose serious costs on the Putin regime and its enablers for hostile acts against the United States and our allies.

Shine a light on the corporate dark money spending. Senator Klobuchar will shine a light on the dark money by requiring publicly traded companies to disclose all political spending over $10,000 to their shareholders.

Bring transparency to dark money issue advocacy. Senator Klobuchar will direct the IRS to institute the requirement that tax-exempt organizations that engage in issue advocacy disclose to the IRS the names of individual donors who contribute more than $5,000 per year.

Restore protections for journalists and protect the First Amendment. Senator Klobuchar will restore former Attorney General Eric Holder’s guidance on protections for journalists so that they are not jailed for doing their jobs.

Overhaul ethics rules for White House employees and other senior officials. Senator Klobuchar will make clear that the President and Vice President must follow our conflict of interest laws, do more to investigate foreign agents who lobby in the United States, give the Office of Government Ethics more enforcement power, and provide additional protections for all Special Counsels.

Ensure that the President is not above the law. Senator Klobuchar will instruct the Justice Department to withdraw the Office of Legal Counsel’s opinions prohibiting the indictment of a sitting president.

Fill judicial vacancies by nominating well-qualified judges on day one. Senator Klobuchar will waste no time in working with the Senate and the American Bar Association to nominate a full slate of well-qualified judges who will follow the law to fill judicial vacancies on federal courts on day one of her presidency.

campaign finance, Democracy, Election 2020, Election Reform, Elections, Presidential Politics, Voting Rights

Presidential Candidate Elizabeth Warren Announces Plan to Protect Vote, Election Security, Strengthen our Democracy

Democratic Presidential Candidate Elizabeth Warren, US Senator from Massachusetts, proposes a sweeping, comprehensive plan to protect access to the ballot box and the security of elections © Karen Rubin/news-photos-features.com

Charlestown, MA – Presidential candidate Elizabeth Warren, Democratic US Senator from Massachusetts, released her plan to make voting easy and convenient and secure our elections from threats both foreign and domestic:

Elections are the foundation of our democracy, but in the United States – the greatest democracy in the world – our government treats voting like it’s one of the least important things we do. We have around 8,000 election jurisdictions all doing their own thing. They are overstretched, under-resourced, and their technology is often laughably out of date.

Voting should be easy. But instead, many states make it hard for people to vote. We have all heard stories about polling places running out of ballots, computer problems causing delays, ballot designs confusing voters, and extremely long lines preventing working people from voting. And on top of these administrative issues, racist and partisan officials often deliberately seek to stop citizens from exercising the right to vote. States have purged names from the voter rolls, limited same-day registration, closed polling places in communities of color, used voter ID laws to try to disenfranchise Native Americans, and even placed restrictions and criminal penalties on efforts to register new voters.

Our elections should be as secure as Fort Knox. But instead, they’re less secure than your Amazon account. State and local officials take their jobs seriously, but they often don’t have the resources to secure their elections. Even then, it’s hard for local officials to defend against attacks from foreign governments. In the 2016 election, the Russian government tried to infiltrate at least 39 state election systems and at least one election equipment company. They tried to spear-phish more than 100 local election officials’ email accounts. They even successfully broke into several voter registration databases. 

The harsh truth is that our elections are extremely vulnerable to attack: Forty-two states use voter registration databases that are more than a decade old. Laughably, in 2019, some still use Windows 2000 and Windows XP. Twelve states still use paperless machines, meaning there’s no paper trail to verify vote counts. Some states don’t require post-election audits. And ten states don’t train election officials to deal with cybersecurity threats. This is a national security threat, and three years after a hostile foreign power literally attacked our democracy, we’ve done far too little to address it. 

We need a constitutional amendment to guarantee the right to vote. But the moral necessity of this amendment shouldn’t stop us from acting now. The federal government already has the power to regulate federal elections, secure our democracy, and put a stop to racist voter suppression. 

Under our Constitution, Congress can regulate the “Times, Places, and Manner,” of federal elections. This power is so broad that even Justice Scalia believed this provision gives Congress “authority to provide a complete code for congressional elections.” Congress also has the power to enforce the 14th and 15th Amendments to prevent voting discrimination, and the power of the purse to grant money to the states to meet federal standards. It’s time to draw on these constitutional powers to strengthen our democracy. 

Enough is enough. It is time to make high-quality voting in the greatest democracy in the world easy, convenient, and professional. It’s time to secure our elections from all threats, foreign and domestic. It’s time to address election security, administration problems, and voter suppression. 

Here’s how my plan will work:

  • Federal elections get state-of-the-art federal machines, federal ballots, and federal security. Right now some jurisdictions use dated machines that are easily hackable with no paper trail. Ballot design is all over the place. No more. The federal government will replace every voting machine in the country with state-of-the-art equipment and require adoption of a uniform federal ballot. And we will lock all federal voting technology systems behind a security firewall like it’s Fort Knox.
  • Federal standards for federal elections. We have 8,000 election jurisdictions running elections. Problems with resources, malfeasance, and errors are rampant. No more. We will have federal standards to ensure everyone can vote, including mandating automatic and same-day registration, early voting, and vote by mail. My plan will mean no more arbitrary voter purges. No more registration issues. And no more gerrymandering. We will also make Election Day a holiday to make it easier for people to get to the polls.
  • Enforce the law and expand access – through incentives where possible, and with federal authority where necessary. My plan will give states cutting-edge voting equipment and election security protocols, all paid for by the federal government, and states will be required to follow all federal standards for federal elections. States who also choose to meet these requirements in their state elections can work through federal-state partnership agreements to have those elections fully funded by the federal government, too – and we’ll give them a bonus for achieving high voter turnout rates. And where racist or corrupt politicians refuse to follow the law, the federal government will temporarily take over the administration of their federal elections to guarantee the fundamental right to vote.
     

Securing Our Elections

Under my plan, federal elections will get state-of-the-art federal machines, federal ballots, and federal security.  The federal government will replace insecure and outdated systems with hand-marked, voter-verified paper ballot machines. To prevent hanging-chads and other confusing ballot designs, we’ll have uniform federal ballots all across the country that are based on easy-to-use design principles. The federal government will also provide every polling location with accessible ballot machines for people with disabilities and conduct research into how to improve voting security and accessibility for all people, including those with disabilities and people for whom English isn’t their primary language. 

Through a new independent Secure Democracy Administration, which will replace the Election Assistance Commission and be staffed by civil servants, the federal government will manage the cybersecurity aspects of elections and develop additional security procedures for election administration and the end-to-end handling of ballots. States will implement these additional security measures, and will receive technical assistance and training from the Secure Democracy Administration. In addition, states will be required to conduct risk-limiting audits prior to certifying elections – and we’ll have independent oversight of those audits.
 

Establishing Binding Federal Standards for Federal Elections

Our elections are never going to be secure, fair, or workable with so many jurisdictions each making their own rules — especially when some officials deliberately manipulate those rules to stop people from voting. Under my plan, we’ll have a uniform set of federal election standards that achieve four goals:

No more registration problems. My plan will mandate automatic voter registration and same-day registration for federal elections. State and federal government agencies will automatically register voters and transfer that information to state elections officials, and voters can opt-out, if they choose. Every state will also be required to offer same-day registration, which acts as a fail-safe for anyone who is mistakenly left off the rolls. 

No more voter purges. Under my plan, states will be banned from removing voters from the election rolls unless the voter affirmatively requests to be removed or there is objective evidence of a legitimate reason to remove them, like death, change of address, or loss of eligibility to vote. We will also re-enfranchise those who have served their time and left prison.  

No more difficulties voting. We will make Election Day a national holiday, and all federal elections will have a minimum of 15 days of early voting, expanded voting hours, the option to vote with a sworn statement of identity instead of an ID, convenient polling locations, and voting by mail. And we will pass the Voting Rights Advancement Act and the Native American Voting Rights Act to shut down a host of festering discriminatory practices.  

No more gerrymandering. Under my plan, states will be required to use independent redistricting commissions to draw federal congressional districts to prevent gerrymandering. Both parties should compete on a level playing field; not in a rigged game designed to suppress the will of the people.  
 

Enforcing the law and expanding access – through incentives where possible, and with federal authority where necessary

Our democracy shouldn’t be about keeping people out – it should strive to bring everyone to the polls. Under my plan, states will receive new state-of-the-art machines and federal election security, all paid for by the federal government, and they will also be obligated to comply with the federal standards for federal elections. But we should make voting easier in all elections – federal, state, and local. I’m proposing a federal-state partnership so that states will have a strong financial incentive to follow these rules in their state and local elections as well — and to maximize voter turnout.

Here’s how it will work: the federal government will pay the entirety of a state’s election administration costs, as long as the state meets federal standards in its state and local elections and works to make voting more convenient. States will create state implementation plans, describing how they will adhere to federal law and increase access to voting (e.g. location of polling places). The Secure Democracy Administration will review state implementation plans for compliance with federal law, election security protocols, potentially racially discriminatory impacts, and efforts to make voting more convenient. States that achieve high percentage voter turnout, including across racial, gender, and age groups, will be awarded additional bonus payments. All plans will be finalized well in advance of Election Day, and states will provide data on their election activities. If a state does not participate in the federal-state partnership, but a local jurisdiction within the state wishes to do so, the local jurisdiction can work with the federal government to create a local implementation plan and it will get access to federal funds to cover its election administration costs.  

States can choose to follow their own rules for their state and local elections. But if they do, they won’t receive new funding for administering state elections beyond election security measures, and they will still have to administer federal elections in accordance with federal law – including preclearance for any changes that might have a discriminatory impact under the Voting Rights Advancement Act. 

If state or local election officials choose to ignore these federal rules and instead move to violate them, my plan will give the Secure Democracy Administration the authority to seek a court order to step in and guarantee that every voter has access to the polls unless or until the state shows its intent to fully comply with federal law. The right to vote is a fundamental right, and we will not let racist and corrupt politicians undermine it or our democracy. 

Our democracy is too important for it to be under-resourced and insecure. We need to do everything we can to make sure our elections are convenient, professional, and secure — and we should be willing to pay for it. Based on estimates of national election administration expenses, recent state efforts to upgrade their election systems, and assessments of the costs of new machines and audits, to cover these costs, we would allocate around $20 billion over ten years, which includes around $15 billion for election administration and around $5 billion for election security. This investment can be fully paid for with revenue generated from the Ultra-Millionaire Tax.

Democracy hangs on the idea that whoever gets the most votes wins. Politicians are supposed to compete over how many voters they can persuade, not how many they can disqualify or demoralize. And we have a solemn obligation to secure our elections from those who would try to undermine them. That’s why the Constitution gives Congress the tools to regulate the administration of federal elections. It’s time to pick up those tools and use them.

Read more about Warren’s plan here 

campaign finance, Democratic Party, Election 2020, Election Reform, Government spending, Inequality, lobbying, News & Photo Features, Poverty, Tax Reform, Taxes

Warren Brings 2020 Campaign to Long Island City to Call for Breaking Up Big Tech, Corporate Giants

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Senator Elizabeth Warren (D-MA), a declared 2020 candidate for 2020 presidential nomination, came to Long Island City, where local activists rejected Amazon, to propose a plan to rein in big tech and other giant multi-national companies that use their economic power to stifle competition and intimidate government. © Karen Rubin/news-photos-features.com

By Karen Rubin, News& Photo Features

The venue for Senator Elizabeth Warren’s rally was strategic for her message: a former warehouse with dank walls now used for an entertainment space in Long Island City, the neighborhood that booted Amazon, despite its promise to bring 25,000 jobs, in exchange for a $3 billion tax incentive.

The message the declared 2020 Democratic candidate for president brought to the 600 eager supporters was that it is time to break up the high-tech companies that have come to wield out-sized economic power more like government, dictating demands and reclaim government for the people.

“We have these giant corporations — do I have to tell that to people in Long Island City? — that think they can roll over everyone,” she said, comparing Amazon to “The Hunger Game.”

“Giant corporations shouldn’t be able to buy out competition. Competition has to be able to thrive and grow.”

“Who does government work for? Just the richest people and corporations? I want government that works for the people.”

Sen. Elizabeth Warren, 2020 Democratic candidate for president at rally in Long Island City, NY
© Karen Rubin/news-photos-features.com

“I spent whole life wondering what happening to middle class, why so much rockier, steeper, and even rockier and steeper for people of color – what has gone wrong in America.

“Our government works great for giant drug companies, not for people needing prescription drugs; for giant oil companies, not for people who see climate change bearing down; great for payday lenders, not for people of color and communities and poor people who are targeted, whose lives are turned upside down.

“It’s corruption plain and simple and we need to call it out.

“Whichever issue brought you here – income gap, climate change, affordable child care, housing – whatever issue brought you here, I guarantee decisions made in Washington that directly touch – runs straight through corruption in Washington…. We need big structural change.”

Some 600 people turned out for Senator Elizabeth Warren’s rally in Long Island City. “Whichever issue brought you here – income gap, climate change, affordable child care, housing – whatever issue brought you here, I guarantee runs straight through corruption in Washington…. We need big structural change.” © Karen Rubin/news-photos-features.com

Her prescription: change the rules of government, of the economy, of politics:

Where to start? Change the rules of government by taking corruption head on.

“I introduced the biggest anti-corruption bill since Watergate; it’s big, long, complex, but here are a few pieces:

“End lobbying as we know it. Stop the revolving door between Wall Street and Washington; make Supreme Court follow the basic rules of ethics. Anyone who wants to run for federal office, must release their taxes.

“We need workers to have more power, we need stronger unions. Unions built American middle class and will rebuild the American middle class.”

Sen. Elizabeth Warren, 2020 Democratic candidate for president at rally in Long Island City, NY © Karen Rubin/news-photos-features.com

Warren is advocating an ultra millionaire’s tax: imposing 2% tax for those with over $50 million in assets.  That means the top 0.1% -75,000 households. She estimates that would generate $2.4 trillion.

In what sounds like an expansion of Obama’s oft-taken-out-of-context line, “You didn’t build that,” Warren justifies the wealth tax saying, “I’m tired of free loading billionaires. You built (or inherited) your fortune, good for you, but you built it using workers we educated, roads and bridges we paid to build, police – all helped. So yeah, you built a great fortune, so give a little back to the American people (who enabled you).

It’s a property tax, she said, not unlike the property tax that any homeowner, farmer, condo owner all pay, but includes the Picassos, diamonds and yachts.

What would it do? It would fund universal child care, and still have billions left over.

Sen. Elizabeth Warren, 2020 Democratic candidate for president at rally in Long Island City, NY © Karen Rubin/news-photos-features.com

To change the rules of politics and protect our democracy, she said, “I want to see a constitutional amendment to protect the right to vote and make sure every vote gets counted. Overturn Citizens United.” (adding that she isn’t taking any corporate PAC money, but is depending on grassroots donations, ElizabethWarren.com.)

“I don’t go to closed door meetings with millionaires. I’m here with you.”

“My father was a janitor but his daughter got a chance to be a teacher, a college professor, a Senator and a candidate for President of the United States. I believe in opportunity because I’ve lived it. I want an American where every child gets a chance to build a future.

“This is our moment. Dream big. Let’s win.”

She then took questions (the questioners were picked at random):

Senator Elizabeth Warren and State Senator Michael Gianaris, at rally in Long Island City © Karen Rubin/news-photos-features.com

Asked her view of Governor Andrew Cuomo trying to woo Amazon back after local progressives including State Senator Michael Gianaris, who introduced her at the rally,  she said, “This is like ‘Hunger Games’ – it is not just the enormous economic power, but  the political power they wield.

“A handful of companies spend $50 million lobbying Washington – a great return on investment if they get to keep Washington from enforcing regulations, antitrust laws, hold back oversight. That’s not how America is supposed to work. Corporate power… and billionaire power, all those who make their voices heard through money. They fund the think tanks that come to, predetermined conclusions, the public relations firms, the soft ads on TV, controlling government, they tilt the playing field over and over against everyone else.”

She reflected that she went to see Trump being sworn in, and realized that with control of the White House and both houses of Congress, the Republicans could have swept away health care and Medicare “by Tuesday.” “But the next day, there was the biggest protest in the history of the world.”

“I want to rein in big tech. That won’t happen by talking inside the Beltway, but in rooms like this.”

Sen. Elizabeth Warren, 2020 Democratic candidate for president at rally in Long Island City, NY © Karen Rubin/news-photos-features.com

Asked whether her wealth tax would cause billionaires like Trump to simply move outside the US, she quipped, “That would be a bad thing?” but explained the 2% wealth tax would be on all property where it is held, so a yacht in the Caribbean would be taxed.  More tax treaties mean it can be tracked. The IRS (now underfunded and understaffed) would step up enforcement. Even with a 15% cheat factor, you still get nearly $3 trillion in revenue. As for moving and renouncing US citizenship to avoid the tax? There would be a 40% exit penalty.

“You built your fortune here, you owe something to the American people.”

Asked about addressing homelessness and the lack of affordable housing, Warren said, “It’s a matter of values. In the richest country in the history of the world, people shouldn’t be sleeping in the street. I have a plan, a housing plan, but the first step is to diagnose the problem: Why has the cost of housing gone up? Wages, adjusted for inflation for four decades are flat, but housing costs have risen by two-thirds. That puts a squeeze on families.”

She said that over the years, government has withdrawn investment in housing, while private developers have build the more profitable mcmansions and luxury high rises. “There’s been an increase in housing at the top but no increase for middle class and down. The federal government is not making investment in housing for poor, working poor and middle class. Meanwhile, across America, the housing stock has deteriorated, shrinking in size, but the population is expanding, so people are paying more and more for less and less.

“The answer: build more housing. I want to build 3.2 million new housing units all across the country. That would decrease rents by 10%. I want more housing for purchase, so families can build equity over time.

“Housing is how working families have built wealth generation after generation – paying off the mortgage, and living on Social Security, grandma can live with the family, the home passes on wealth to the next generation.

“It is no surprise that for decades, from the 1930s, federal government invested in subsidized housing for white people, but discriminated against blacks. Red lined areas where federal government would block mortgages, so that generation after generation [was deprived of home ownership to build wealth]. In 1960, housing discrimination was legal, while the federal government subsidized whites and discriminated against black neighborhoods. Then, the gap between white and black home ownership was 27 points.

“Then civil rights made housing, voting discrimination illegal, and we see black middle class recover.

“But then the big banks came along – looked to black, brown home owners’ equity. They targeted black and brown people for the nastiest mortgages – Wells Fargo, Bank of America. Greed.

“Today, the gap between white and black home ownership is 30 points. Race matters in America.

“My housing bill has something we haven’t seen anywhere else: in formerly red-lined areas, first time home buyers or those who lost their homes during the housing crash, will get assistance to buy again.”

Sen. Elizabeth Warren, 2020 Democratic candidate for president at rally in Long Island City, NY © Karen Rubin/news-photos-features.com

Asked whether she would support ending the filibuster which the Republican minority used to block progressive legislation during the Obama administration, to block his judicial appointments, even the Merrick Garland Supreme Court nomination, she said (not too coyly): “It’s all on the table, baby. I’m on record for filibuster reform. The Republicans used filibuster to block judicial nominees, the director of the Consumer Financial Protection Board, the National Labor Relations Board. “Republicans get to do what they want when they’re in power, and when we are, we drink a lot of tea. It’s all on the table.”

“I get that things I’m asking for all are hard – attacking corruption, changing the rules of the economy, democracy. I get that some people earn more or less, but everyone should have an equal  share of democracy.”

People, she said, saved the Consumer Financial Protection Board, which she created after the 2008 financial collapse. “The people saved it, and it’s already forced the biggest banks to return $12 billion to the people they cheated.

“I’m calling for big structural change, but you don’t get what you don’t fight for,” she said, citing the abolitionists, suffragettes, union organizers, the foot soldiers of civil rights, gay rights activists. “They were all told, ‘it’s too hard, give up now, and yet, every one of them stayed, fought, organized, persisted [she said to big cheers], and changed. This is our moment to change.

“Dream big, fight hard, and let’s win.”

Sen. Elizabeth Warren, 2020 Democratic candidate for president at rally in Long Island City, NY © Karen Rubin/news-photos-features.com

In an already crowded field of candidates – even the progressive faction – Warren is the only one who has clearly spelled out policy proposals and the underlying rationale, the powerful statistics of growing inequality, that she has studied and worked to change for years to level the playing field, “make government work for you”: campaign finance reform and government reform; housing; tax reform.

 And in this venue, it was fascinating to see how she could be so factual, so academic, but so enthusiastic  and personable, her audience asked for more detail about how she would address the critical shortfall  in affordable housing, even taking her by surprise.

The evening was organized a little like a townhall, with Warren moving freely about a stage in front of a giant American flag, taking questions, and then at the end, offering to stay as long as necessary so anyone who wanted to take a photo with her could get their chance.

See: Elizabeth Warren Releases Plan to Rein in Big Tech, Giant Corporations

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© 2019 News & Photo Features Syndicate, a division of Workstyles, Inc. All rights reserved. For editorial feature and photo information, go to www.news-photos-features.com, email [email protected]. Blogging at www.dailykos.com/blogs/NewsPhotosFeatures.  ‘Like’ us on facebook.com/NewsPhotoFeatures, Tweet @KarenBRubin

Election Reform, Trump Administration, Voting Rights

‘Election Integrity’ Commission Eliminates Middleman in Giving Trump, Republicans Tools to Steal Elections

Trump’s “Election Integrity” commission should be less focused on whether there were 3 to 5 million fraudulent votes cast, than how Russia – and any future cybercriminal – hacked 39 states’ election rolls. The fact it isn’t, points to its true purpose. © Karen Rubin/news-photos-features.com

By Karen Rubin, News & Photo Features

While everyone was obsessing over the latest Trump twitter outrage, his administration was moving forward with the latest assault on democracy and American rights. His Orwellian-named  “Presidential Advisory Committee on Election Integrity“  (which is anything but), otherwise known as the Voter Fraud Commission, sent out a letter signed by Kris Kobach to every state’s election official “requesting” (since the commission has no real authority or power) their entire voter database, including party registration, a decade’s worth of voter history, address, partial social security number, birthdate, military service and felony convictions, and whether  the voter is registered in more than one state.

Indeed, Secretaries of State, be they red, blue, purple or green, are horrified at the notion of transmitting this information, which, contrary to Kobach’s claim, is not “public.” Moreover, there are “protected classes” such as victims of domestic violence, whose private information is shielded. Louisiana told the commission to “jump in the Gulf”; Kentucky’s said “there isn’t enough bourbon” that would make her deliver this information.

But Kobach’s “request” sounds less like an effort to find out whether our elections are honest and fair, versus a data mining operation for Trump and the Republicans so that they can expand upon their tactics of the 2016 campaign – focusing on fake news, social media trolling in pinpointed districts where just a small nudge could tilt the balance in their favor- which is why a mere 70,000 votes across three states trumped a loss of 3 million popular votes for Hillary Clinton nationally.

That is what is at the heart of the Russia collusion investigation – and what Kobach and his commission, if he is really interested in “election integrity” should be examining, but clearly they are not, because Trump was the beneficiary and because it contradicts his claim of a “mandate” to unleash his ultra-rightwing agenda.

And what if they find that there are 5 million or even 10 million people who have registered in more than one place – like Ivanka Trump and Steve Bannon – or that there are 1 million “dead people” still on the rolls? Unless they voted twice or if a dead person sent in an absentee ballot, they did not alter the result.

What is more, Kobach is demanding this data be sent over unsecured email servers, an engraved invitation from this inept administration for malevolence, when even government agencies as secure and cyber-sophisticated as the NSA, Pentagon, Office of Personnel Management, the Secretary of State’s office, indeed the election rolls of 39 states, have been hacked.

The cyberattacks are getting more and more dangerous, moving closer and closer to infrastructure – like shutting down utility plants, the power grid, air traffic control, rail switching stations, and yes, voting  databases and machinery. Putin’s goal was to foster suspicion in the democratic process – and he succeeded beyond his wildest imagination, helped by candidate Trump’s constant claims of a “rigged election” and urging his minions to strongarm their way into polling places to make sure that “those people” don’t vote (which had the strategic effect of preventing Democrats to scream “foul” afterward, since they had already made pronouncements that the elections were fair).

The states’ election machinery – made worse after the “Help America Vote Act” that followed the 2000 pregnant chads controversy – is woefully inadequate, and was even in 2004 when Walden “Wally” O’Dell, CEO of Diebold, the black box manufacturer promised to deliver Ohio to George W. Bush, and he did (see story)– and if the NSA, Pentagon, banks, utilities could all be hacked, why would elections not be?

The argument here is that elections are so decentralized, the results could not be altered sufficiently. In the first place the weak link is where the various election districts electronically send their results to a single center for tabulation. And the 70,000 versus 3 million vote tally which gave Trump the White House is proof enough that the argument that decentralization is what protects the sanctity of the democratic process is specious. (See: Russian hackers’ election goal may have been swing-state voter rolls; Russian Hacking on Election More Widespread Than Reported; Election Hackers Altered Voter Rolls, Stole Private Data, Officials Say)

There is something wrong in America with voter turnout rates of 60% in the presidential election (higher than 2012, as it turns out, but less than the 62.2% that turned out in 2008) as controversial and consequential as 2016. (And how much of that was voter suppression or outdated voting lists?)

States that made it easier to register to vote had higher turnout – such as Oregon, Connecticut, Alaska, Vermont and West Virginia, where eligible citizens who interact with the Department of Motor Vehicles are automatically registered to vote. Similar laws are taking effect in California and Colorado. No wonder Republicans will use the commission to find an excuse to roll back the National Voter Registration Act of 1993, known as the motor-voter law, which has registered millions of voters, as Richard Hasen writes in Slate, Trump’s Voter Fraud Endgame.

In Oregon, automatic voter registration added an extra 225,000 people to the rolls; in Wisconsin, which Trump “won” by a mere 25,000, voter suppression tactics reduced turnout by 200,000.

Kobach’s “election integrity” commission is about voter intimidation, on top of the voter suppression tactics that Republicans have put through in the states they control, because Republicans realized long ago that low turnout favors their candidates. The problem isn’t over voting, it is under-voting – and this is exactly how the data that Kobach is mining could be weaponized. There are already enumerable examples of Republicans committing election fraud.

Instead of the non-existent voter fraud issue – 44 instances out of more than 1 billion votes cast between 2000-2012, a rate of 0.0000044% – there needs to be reforms made to voting, which though a function the constitution leaves to the states, should still include federal minimal standards for access to voter registration and polling places (to satisfy the 14th Amendment providing for Equal Protection as well as the 15thAmendment, the right to vote shall not be denied or abridged)  – where located, people served, hours of opening, minimal number of voting machines per voters, provisions for early voting and absentee voting; requirements for security for electronic, black-box voting devices, back-up paper ballots and auditing after each election, as well as requirements for mandatory hand recounts if the margin is 1% or less; a requirement that when a person is “purged” from voting rolls, a letter be sent informing them, with a remedy for correcting the record; making tampering with voter registration, rolls or elections, including giving fraudulent information about voting places, hours, accessibility a felony crime; and yes, a provision for nullifying an election which has been demonstrated to have been substantively tampered with.

Also,  a reason why young people do not vote in the numbers they should: they are too fearful of breaking a law if they vote absentee in their home districts after having moved to a new place for a job. And moved. And moved again. There needs to be clarification of rules allowing people to vote where they were last registered, or regularly vote, and provisions that require people who have not voted in a district for, say, 10 consecutive years, to reregister or be removed.

On this July 4th, even Trump supporters should be standing up for the basic principle of a government established for and by its people. Which means promoting voting, not suppressing it.

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© 2017 News & Photo Features Syndicate, a division of Workstyles, Inc. All rights reserved. For editorial feature and photo information, go to www.news-photos-features.com, email [email protected]. Blogging at www.dailykos.com/blogs/NewsPhotosFeatures.  ‘Like’ us on facebook.com/NewsPhotoFeatures, Tweet @KarenBRubin

Election 2016, Election Reform, Voting Rights

To Get to a More Perfect Union, Reform Electoral College, Promote Access to Ballot Box

Electoral College reform and a greater federal role in setting minimum national standards for access to the ballot box are necessary to insure that Americans get the president who reflects the will of the majority in a free and fair democratic election © 2017 Karen Rubin/news-photos-features.com
Electoral College reform and a greater federal role in setting minimum national standards for access to the ballot box are necessary to insure that Americans get the president who reflects the will of the majority in a free and fair democratic election © 2017 Karen Rubin/news-photos-features.com

Karen Rubin, News & Photo Features

There is no question that the will of the majority was thwarted in the presidential Election of 2016 – but if ever there was a time when the Electoral College should have proved its purpose, it was this election.

Instead, the Electoral College demonstrated the worst of all anti-democratic worlds: denying the popular will while also enabling the exact sort of candidate that Alexander Hamilton described in justifying the Electoral College: so “that the office of President will never fall to the lot of any man who is not in an eminent degree endowed with the requisite qualifications,” and to prevent a “desire in foreign powers to gain an improper ascendant in our councils”. Trump fails on all accounts.

And here, you have not only Hillary Clinton receiving nearly 3 million more votes than Donald Trump – the most in history for any candidate who did not go on to win the presidency – but you have clear evidence of foreign manipulation (the Russian hacking, very possibly with collusion by the Trump campaign), fake news, not to mention voter suppression (interesting that every battleground state where Clinton lost was also where Republican legislators had imposed measures designed to suppress the vote of groups inclined to vote Democratic; in Wisconsin, 300,000 registered voters lacked the photo ID necessary to cast their ballots. Indeed, two weeks after the election, a federal court struck down Wisconsin’s legislative map as illegally partisan. And,  “on Election Day, there were 868 fewer polling places in states with a long history of voting discrimination, like Arizona, Texas, and North Carolina,” (www.thenation.com/…)

The result was that Democratic-leaning voters had hours-long waits which many could not afford. And then there was the call-out by Donald Trump for vigilantes to police “you know which” neighborhoods. Turnout was affected. Indeed, despite historic levels of engagement in Election 2016, the number of votes cast in Ohio was down 1.1% and down 4.0% in Wisconsin – more than the margin of victory for Trump. That’s the art and the science of voter suppression, which was the primary strategy for the Trump campaign.

But instead of serving properly as a check-and-balance, everything that is undemocratic and archaic about the Electoral College (devised to give disproportionate power to slave-holding states and small rural states) was in play. As a result, a single voter in Wyoming is worth 200 times a voter in California, rendering this country’s notion of “one person, one vote” and “equal justice” a fraud.

(Why is it that only rural, white Middle Americans are considered “Real Americans,” but coastal, urbanites, professionals, college-educated people are considered “elites” not deserving of a say in their governance?)

Its malfeasance justifies the rising calls to abolish the Electoral College altogether – which would require amending the Constitution which is unlikely. Instead, there are calls to dramatically reform it to more properly address 21st century America, through changes that the states can make to the regulations that bind their Electoral Voters, now termed “faithless” if they vote against their state’s popular vote.

The predominant reform is for states to join the National Popular Vote (NPV) compact would require participating states to award all their electoral votes to whichever presidential candidate wins the national popular vote. It wouldn’t take effect until enough states joined in to add up to the 270 electoral votes required to elect the president– ten states and the District of Columbia have already signed on, totaling 165 electoral votes.

If the compact were in place, Hillary Clinton, who received nearly 3 million more popular votes than Donald Trump, who only won the Electoral College by winning the slimmest of margins (less than 1%) in a few battleground states (amounting to about 70,000 votes altogether, the result of concerted voter suppression actions by Republicans), would have been President.

But this election also demonstrated how easily even a 21st century populace can be manipulated by fake news, social media and a populist snake-oil salesman, not to mention the possibility of hacking the election architecture. Indeed, it would seem that the Electoral College does have a purpose as envisioned by the founders of the Republic, as a check on populism.

Still, there are ways to make the Electoral College more democratically representative, while still functioning as a “check and balance.”

First, there needs to be an end to “winner take all” which basically erases the votes of millions of voters. Instead, states should apportion their electoral votes based on the popular vote in the state. That would be a much more representative method and more efficiently make each state and each person’s vote count.

During this election, we kept hearing how discouraged and disaffected those who would vote for third-party candidates, and their complaint that the two-party system is what is so detrimental to a true democracy. But multiple candidates virtually guarantee that the winner does not represent the majority, as is clear in 2016, where the scant votes for Jill Stein in Michigan gave the state to Trump, putting him over the Electoral top despite winning only 46% of the national popular vote.

So the second element is to allow the lowest vote-getting candidates to give their Electoral Votes to one of the top two candidates.

Another idea which would be very possible in the age of sophisticated electronic voting, is for “second choice” weighting, and if no candidate gets 50.1%, then a run off of the two top vote getters (as is the case in some primaries).

The end to “winner-takes-all” and allocation by popular vote in a state could not happen until virtually all the states (and not just Blue states or Red states which have voted for a Democratic president) have approved the policy.

Federal Government Needs to Guarantee Minimum Standards for Voting

It may surprise people to realize the federal government has no authority over elections, which are controlled by states – even within states, counties may have different rules (so much for Equal Protection). Indeed, the Constitution does not actually provide a right to vote at all, and the Roberts right wing Majority on the Supreme Court did its damage to remove what oversight the federal government had when it eviscerated the 1965 Voting Rights Act.

There needs to be a new Voting Rights Act that protects the essential principle of one-person, one vote and the federal government, under the Equal Protection clause of the Constitution, should have the ability to establish minimum standards for access to the ballot box. It should protect more than racial discrimination, but should acknowledge partisan discrimination as a threat to the spirit and essence of democracy.

What else is needed to reform a weakened election system in these days of technological sophistication, a sprawling and diverse voter population, and the huge stakes to controlling the political reins of power? Here are more ideas:

  • An end to partisan-control of drawing district lines; standards that affirm – as the Voting Rights Act did – that districts have to be contiguous and make sense
  • And end to partisan control of state elections (like Katherine Harris, Secretary of State in Florida 2000 and also the chair of George W Bush’s campaign who purged voting rolls of 20,000 people and did all she could to insure Gore never got a fair count)
  • Requiring notification to every voter before an election confirming their registration, voting place and hours, and if a voter has been removed or purged or changed for any reason, timely notification with a process to challenge
  • A standard to allow voters to vote where they were last registered
  • To address the very real possibility of hacked black-boxes, require a paper trail and mandatory audits of a certain number of voting places to confirm the veracity
  • Minimum national standards for where polling places can be designated, how many voting machines per voting-age population, minimal number of hours open, early voting days, including spreading voting to the weekend before Election Day, and making Election Day a national holiday
  • A requirement that if a voter moves and re-registers, that notice be sent back to the prior voting place to be removed
  • Clearer, more uniform regulations about where people can vote if they are in college or have moved (for example, allowing people to vote by absentee at the last previous registered place)
  • Automatic sending of voter registration materials upon 18th birthday
  • Establish criminal penalties for interfering with voting, whether fraudulently telling people the wrong date, time or place to vote, ripping up voter registrations or interfering with voter registration; penalties for states that impede voter registration such as failing to process registrations in a timely way
  • Restore reasonable controls on spending – by wealthy donors and corporations – eliminate SuperPacs, pass the DISCLOSE Act, overturn Citizens United
  • A new Voting Rights Act that goes beyond racial discrimination but includes any type of systematic discrimination to dilute “one-person, one-vote”
  • Constitutional amendment that affirms the right to vote (the Constitution doesn’t actually provide it now)

None of this will happen because the Republicans have realized they can keep power without ever having to worry about the demographic shifts and pesky things like needing a majority. Putting a gate at the ballot box has worked very well.

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© 2017 News & Photo Features Syndicate, a division of Workstyles, Inc. All rights reserved. For editorial feature and photo information, go to www.news-photos-features.com, email [email protected]. Blogging at  www.dailykos.com/blogs/NewsPhotosFeatures.  ‘Like’ us on facebook.com/NewsPhotoFeatures, Tweet @KarenBRubin

 

Election 2016, Election Reform

Appeal to Electoral College Voters: You Can (Should) (Must) Save US and Elect Winner of Popular Vote, Hillary Clinton

The Electoral College voters need to have courage and show they are true patriots and elect Hillary Clinton, winner of the popular vote, the next president © 2016 Karen Rubin/news-photos-features.com
The Electoral College voters need to have courage and show they are true patriots and elect Hillary Clinton, winner of the popular vote, the next president © 2016 Karen Rubin/news-photos-features.com

Karen Rubin, News & Photo Features

Petitions are circulating such as this one from Credo:

“Donald Trump is unfit to serve as president and did not win the support of the majority of the American people. Hillary Clinton is set to win the majority of the vote by more than 2 million votes despite widespread voter suppression and the FBI’s interference in the election. Honor the majority vote and elect Hillary Clinton on Dec. 19.”

I’m wondering how many of the electoral voters are actually Never-Trumpers, and now, since they have seen how Trump would govern, who he intends to appoint to run the country (a climate denier to run the EPA; an anti-public education billionaire to run Education; an unhinged fired General to run national security), might be having a twinge of remorse, especially given the fact that Hillary Clinton actually won the popular vote by more than 2 million votes (most ever for a candidate who didn’t actually win the presidency), and new revelations about Trump’s conflicts of interest, his lack of transparency and his pay-to-play approach to foreign relations (an echo of Richard Nixon’s, “If the president does it, that means it’s not illegal”).

Nor did Trump “win” the key swing states that put him over 270 electoral votes fairly.

Reports of Russian interference that turned the tide of the election should be a grave concern to Electoral College voters, if they consider themselves patriots. Throughout the campaign, it was clear the Russian government was actively working to influence the outcome in Trump’s favor. State-sponsored Russian hackers provided troves of damaging emails and documents to WikiLeaks and other websites. Paid Russian trolls disseminated fake news across US social media sites to spread misinformation favorable to Trump. And though Trump lied about it, his campaign was in direct contact with the Russian government throughout the election, including his strategist Roger Stone (who cut his teeth on the Richard Nixon campaign).  Trump has well established connections to Russia through many business dealings, and he spent considerable time during the campaign praising Russian President Vladimir Putin. “Now that Trump has access to classified intelligence and the nuclear codes, we can’t trust what he will do with them. His presidency is a clear threat to American democracy and our national security,” writes Josh Nelson, Deputy Political Director for CREDO Action from Working Assets.

Moreover, there is strong evidence of voter suppression aimed at likely Democratic voters (minorities), including making it difficult to obtain newly required voter ID materials, closing polling places and reducing early voting.  In Wisconsin, where Clinton lost by only 27,000 votes, 300,000 eligible voters lacked the strict forms of ID needed to vote, and the state saw its lowest turnout in 20 years, especially in Black communities. And across the country, Black people were forced to wait in line twice as long on average as white people.

In North Carolina, there were 158 fewer early voting polling places in Black communities, and Black turnout was down 16 percent. And by the way, how is it possible that the Democratic won the Governor’s race, but that Clinton at the top of the ticket didn’t win? – why is there no challenge to that vote, as the losing Republican Governor has waged?

“It’s entirely possible that without voter suppression, Clinton would have won the Electoral College along with the popular vote,” Nelson states (though it is harder to prove voter suppression than lie about the existence of voter fraud).

Indeed, Clinton won the popular vote by more than 2.5 million – a bigger margin than many elected presidents won by, and the biggest margin of any person who did not go on to actually become president (Al Gore included). Trump has already proved he will dismiss the will of the majority. Why is it that the “Real America” disqualifies urbanites, women, minorities, professionals, college educated people, especially Ivy Leaguers?

In just the first week since seizing the election, Trump has demonstrated that he will be exactly who he showed himself to be, starting with the Team of Thugs, Reprobates, Misogynists, Corporatists, Racists, White Supremacists, not to mention those who are totally inexperienced to carry out the functions they are tasked with, he has surrounded himself with and who he is naming to cabinet and key offices. It is emerging as a “Team of Billionaires and 1-Percenters,” who built their financial empires on the backs of the very white working class people that Trump pretended to care about.

He has shown that he will protect his own business profits at the expense of the national interest – unabashedly doing business and extracting favors from foreign dignitaries, evoking Richard Nixon’s line, “If the president does it, then it isn’t illegal.” There is no doubt that he has realized he could leave office $100 billion richer. He absolutely doesn’t care about conflicts of interest. Imagine if Hillary Clinton had done anything remotely like that upon becoming the president-elect. They would have impeached her before inauguration day (Republicans mounted a special investigation into the Clintons’ Christmas card list when Bill took office).

Trump already showing he will trample transparency and a free press, preferring to continue to tweet outright lies should also have the Republican electors who claim to be the guardians of the Constitution quaking. That he will attack the press and a Hamilton actor appealing for his administration to just consider all Americans, but not condemn the Neo Nazis who are cheering his victory with a Hitler salute, that he dictates to the media how they will photograph him, and shuts out media that he feels don’t represent him well, are only the preview to the propaganda he will wage.

And now Trump declares he would take away citizenship and jail anyone who burns the flag, which the Supreme Court has already ruled is protected free speech – further evidence that he aspires to follow Vladimir Putin’s model. Trump doesn’t know and doesn’t care about civil rights or the Constitution.

And those Electoral Voters should be downright shaking about the fact Trump has declined taking the daily Presidential intelligence briefing (instead obsessing over convincing Carrier Air Conditioners not to move to Mexico), and from all accounts, dismissive of Obama’s advice to him on such critical topics as the urgency of keeping North Korea in check – an echo of George W. Bush’s dismissal of President Clinton’s intelligence advisers warning him of Osama bin Laden as a grave threat, only to stand by as four hijacked planes, circling around for hours, hit their targets on 9/11 without any defense. But Trump believes, “I know more than the generals” and yet, he was shocked to hear General Mattis tell him that torture doesn’t work. Shocked!

The Republican electors may be cheering Trump’s plan to install climate deniers to run Energy and Interior and overturn climate action, the Iran nuclear deal, cancel international agreements,  repeal Obamacare and women’s reproductive rights; that he will voucherize Medicare and privatize Social Security, create a registry for Muslims, and install one billionaire to destroy public education and another billionaire who amassed his fortune taking advantage of bankrupt companies to be Secretary of Commerce – but they who claim to be patriots should have concern that Trump will do all of this without care, awareness or interest of the larger consequences to the majority of Americans who rejected him.

But the Republican electors should be downright quaking in their proverbial boots over Trump’s irresponsible, erratic and ignorant foreign policy, already demonstrated in how he praised the Philippines President (for his extrajudicial murders), antagonized China in speaking directly to the President of Taiwan (when China could instantly crash the US economy and move more aggressively into Asia-Pacific territorial waters), dismissed the nuclear threat from North Korea, even as South Korea’s presidency is toppling, and embraced Putin, effectively giving him license to stampede through Ukraine and into the Balkans.

And the only reason Trump will be president is for the voter suppression and likely election (not voter) fraud tactics (not to mention the unprecedented intrusion by FBI Director James Comey just 11 days before the election) that managed to tilt key swing states by the 1-2% margin for him to hit the magic number of 270 Electoral Votes despite losing the popular vote by a wide margin. You only needed Russia to tamper with a few votes here and there in precincts in the swing states to swing the election – indeed, only 100,000 votes among three battleground states that were polling in Hillary’s favor just before the election: Wisconsin, Michigan and Pennsylvania.

And so I write this as a last-ditch appeal to the Electoral College voters to do the right thing, the moral thing, and in those narrowly decided battleground states, vote for Hillary Clinton. This isn’t a violation of the Constitution; at most, they would have to pay a $1000 fine for respecting the will of the people. A chance to show courage and be a true patriot.

It is clear that along with the myth of the American Dream, the US has never actually been a democracy, even in present times – between the limits on access to the polls, gerrymandering, the ways that money influences elections, and the Electoral College. And instead of getting better – with the 15th, amendment giving black men the right to vote, and the 19th amendment giving women the vote – those who would obstruct democracy have only gotten more lethal, devious, and technological.

Face it, the Founders weren’t gods from Apollo, they were human beings, embarking on a great experiment in governance and were skeptical of actually giving power to ordinary people. In fact, the Constitution only gave the vote to white property-owning men. How did it happen in Jacksonian times that white men without property all of a sudden got to vote, without a amending the Constitution, while non-white males and women had to wait for Constitutional amendments?

Now, in a capitulation to the idea that 2016 may be a done deal, a movement is underway to democratize the election in time for the 2020 presidential contest.

It may be time to abolish the Electoral College but that would require amending the Constitution but since that is not likely (look at how miserably efforts to amend the Constitution to overturn the notion that corporations are people and cash is free speech). Or, since that is not likely given the fact that the party is power has benefited so royally, the Electoral College needs to be modified, which can happen at the state level.

This nation was founded as an imperfect union, set on a journey to become a more perfect one. We have yet to get there, but over time, there has been movement toward the ideal of one-person, one-vote democracy.

The Electoral College is yet another archaic relic of the Founders’ experiment and concession to small states and slave-holding states in order to keep a fragile union together. But while the furor over the 2016 election has people talking about a Constitutional Amendment to abolish it, that won’t happen because it has worked so effectively for the party in control, along with gerrymandering, Citizens United, Voter ID and all forms of anti-democratic, voter suppressing tactics.

The electoral votes awarded to states are not even reflective of the state’s population, once again giving small, rural (white) states (that Republicans like to call “The Real America,” effectively dismissing the citizenship of urban-dwellers, college-educated, professionals, women, non-whites, non-Christians) disproportional representation (like the US Senate) and moving this nation even further away from the mythical principal of “one person, one vote.”

Indeed, if California was apportioned electoral votes based on its population, it would have 200 votes instead of the 50.

“Today, the vote of a citizen in Wyoming is four times as powerful as the vote of a citizen in Michigan,” Lawrence Lessig writes in the Washington Post. “The vote of a citizen in Vermont is three times as powerful as a vote in Missouri. This denies Americans the fundamental value of a representative democracy — equal citizenship. Yet nothing in our Constitution compels this result.”

For this reason, Republicans, who, in their 2012 “autopsy” only feigned concern for Hispanics, women, blacks because they believed the demographics were going against them, have realized that, just like in controlling the House and Senate, they can control the White House very effectively without a popular majority. They can advance policies that go against the interests of most Americans (so much for the white working class “finally” getting their populist advocate).

“Conventional wisdom tells us that the electoral college requires that the person who lost the popular vote this year must nonetheless become our president,” Lessig writes, arguing that the Electoral College should vote for Hillary Clinton instead of Donald Trump and not veto the people’s choice. “That view is an insult to our framers. It is compelled by nothing in our Constitution. It should be rejected by anyone with any understanding of our democratic traditions  — most important, the electors themselves.

“The framers believed, as Alexander Hamilton put it, that ‘the sense of the people should operate in the choice of the [president].’ But no nation had ever tried that idea before. So the framers created a safety valve on the people’s choice. Like a judge reviewing a jury verdict, where the people voted, the electoral college was intended to confirm — or not — the people’s choice. Electors were to apply, in Hamilton’s words, ‘a judicious combination of all the reasons and inducements which were proper to govern their choice’ — and then decide. The Constitution says nothing about ‘winner take all.’ It says nothing to suggest that electors’ freedom should be constrained in any way. Instead, their wisdom — about whether to overrule ’the people’ or not — was to be free of political control yet guided by democratic values. They were to be citizens exercising judgment,  not cogs turning a wheel.”

And so I write this as a last-ditch appeal to the Electoral College voters to do the right thing, the moral thing, and in those narrowly decided battleground states, vote for Hillary Clinton. This isn’t a violation of the Constitution; at most, they would have to pay a $1000 fine for respecting the will of the people. A chance to show courage and be a true patriot.

See also:

Election Irregularities Demand Audit Before Vote is Certified

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