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:
Send a mailing outlining all deadlines for voters by Tuesday, September 8.
Send staffing plans and needs to the New York State Board of Elections by September 20 so BOE can assist in ensuring adequate coverage.
Adopt a uniform clarified envelope for absentee ballots and require counties to use it.
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.
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.”
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.
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
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
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:
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
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
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
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
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
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.
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
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
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
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
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.
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.
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:
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
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
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
the Voting Rights Act protections for voters in states with a recent history of
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
minimum notification requirements for voters affected by polling place changes
election day as a federal holiday
with states to assist voters with disabilities
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
elections are free and fair by
citizens’ right to vote after being released from incarceration.
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
accountability for political ads on the internet by passing and signing into
law Senator Klobuchar’s bipartisan Honest Ads Act
ballots are counted from Americans serving in the military and their family
foreign interference campaigns by improving media literacy education that
teaches students skills to identify misinformation online
our campaign finance system by
a constitutional amendment to overturn Citizens United
a campaign finance system to increase the power of small donors through a
multiple matching system for small donations
addition, Senator Klobuchar has laid out a plan for her first 100 days that
includes executive action she can take to strengthen our democracy
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
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
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
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
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.
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
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
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
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
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
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, recentstateefforts to upgrade their election systems, and
assessments of the costs of newmachines 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
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.
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.”
“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
“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.”
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
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.
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
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
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.”
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
“You built your fortune here, you owe something to the
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
“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.”
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
“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.”
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.
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?
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.
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.
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.
Let’s be clear: Hillary Clinton won the popular vote by more than 2.5 million votes (the largest number for anyone who didn’t actually win the presidency) and pretty much by the margin that was forecast. She wasn’t a “bad” candidate. It wasn’t that she didn’t talk enough about an economic policy that would lift up everyone, or that she didn’t have enough policies. It wasn’t that she didn’t offer the so-called white working class a vision of a better future. The election was stolen.
Yet, she lost every “toss-up” battleground state by the narrowest of margins, only 1-2%, resulting in Trump winning the Electoral College votes (theoretically; there is still hope the voters will do the right thing and cast their ballot for the winner of the popular vote).
Does anyone doubt that if the situation reversed and Trump won the popular vote by millions but failed by thousands to win the Electoral Vote that Trump would have fought the result up to the Supreme Court (a la Bush v Gore), and his minions would have taken to the streets with guns? Even now, he is fomenting the lie that three million votes were cast illegally. This is who claims the presidency?
But in a brilliant manipulation, Trump railed about how the election would be stolen (from him), forcing Democrats –and particularly Hillary Clinton – to assert that American elections have integrity, and that any challenge would undermine the essence of a democratic republic, a peaceful transition of power, in order to prevent any contest. They were played, as is apparent with Trump replaying Clinton’s own statements (omitting the fact that it was Green Party candidate Jill Stein, not Clinton, who is demanding recounts in Wisconsin, Michigan and Pennsylvania). This isn’t up to Hillary Clinton or anyone. The voters need to know if the votes were accurately counted.
Meanwhile, Trump is now trumpeting – without any proof – that 3 million votes were cast illegally (the only person I have heard who was caught casting 2 ballots was a Des Moines woman who voted twice for Trump). And if he believes that, he more than anyone, should be demanding recounts.
It is apparent that the shortfall in Electoral Votes was chiefly the result of Voter Suppression, with states unleashed by the weakening of the Voting Rights Act, and voter repression tactics in key sections of swing states designed (successfully) to shift 1-2% of the votes. This was clear in Wisconsin and North Carolina. But there is evidence also that in some key districts, the electronic voting machines may have been hacked in order to give the win to Trump, which demands proper audit and recount to assure Americans the rightful outcome of the election.
Add to this the reports that Russia hacked some state elections rolls, interfered with the election by hacking into Democratic National Committee and by paying trolls to disseminate false news (viewed 15 million times). Is it so implausible that a few – not an entire state – but enough precincts which rely on electronic voting without a paper trail could be hacked?
“Americans should demand this simple step to ensure that the machinery of democracy worked.
DFA members have spent years working to ensure our elections are fair, accessible, and verifiable,” Jim Dean, Chair of Democracy for America, wrote in an email.
This shouldn’t even be controversial. There should be routine audit after every election to assure that the electronic tallies conform with paper ballots, and full recounts where less than 2% margin separates the winners. Most urgently, given the fact that we have now seen cyber warfare with penetration of even the most secure government sites including the National Security Agency, electronic-only voting systems should be replaced with systems that generate a paper trail.
The Department of Justice was mum when I asked whether or how many complaints have been filed – whether voters found they were purged from the rolls when they arrived to vote, or whether long lines or inaccessible polling places kept them from casting their ballot.
“The Justice Department does not tally the number of callers to determine whether federal action is warranted. Investigatory decisions are based solely on the facts and evidence as they relate to the federal statutes the department enforces.”
But with Republicans now content they have found the means to control power without needing to secure a majority of voters – not for the House, the Senate or now the White House – necessary election reforms will never happen. And Trump is already signaling further attacks on voting rights, under the guise of promulgating the lie of rampant “voter fraud.”
That’s why this audit is so important now. And why the Electoral College should make the moral choice and cast their votes for Clinton.