WTP Question 1
In how many states are state legislatures currently responsible for drawing congressional districts?
31 -includes texas, alabama, florida, georgia, virginia, NC, SC, michigan
As of 2021, how many states requested or required the presentation of photo ID?
36 out of 50
How many times have Republicans blocked attempts to bring up voting rights legislation in the Senate, and how did they do it?
4 times using the filibuster
Where is gerrymandering most commonly seen?
Elections for the House of Representatives
Biggest successes in increasing voter registration?
NRVA (1993) Absentee ballots and early voting: in 2016, 41% of Americans casted their ballots by mail-in or early, but in 2020 69% of Americans casted their ballots non-traditionally One act trying to do this: Freedom to Vote Act
Within one year of the Shelby County v. Holder decision...
10 states put strict photo ID laws into effect in efforts to prevent supposed fraudulent voting
How did the 15th Amendment affect elections?
expanded and reaffirmed the power of Congress to regulate federal elections allowed them to enforce the amendment with appropriate legislation
How did covid change voting habits?
millions of Americans embraced voting early in person and voting by mail 43% percent of voters cast ballots by mail in 2020, 26 percent voted early in person, 21 percent voted on Election Day
Results of the NRVA
resulted in over 11 million people registering to vote in the first year of its installment improved overall representation and citizen activism
James Madison on Election Clause
saw the Election Clause as a measure that would "allow Congress to use its power over elections against state electoral rules that were 'subversive of the rights of the People to a free & equal representation in Congress agreeably to the Constitution.'"
How often do congressional elections happen? Who is being elected?
Every two years Voters choose one-third of senators and every member of the House of Representatives
Who makes election laws?
Under the Election Clause, states do Congress has the power or make or alter those laws States can make laws about "rules concerning public notices, voter registration, voter protection, fraud prevention, vote counting, and determination of election results." States can also delegate certain decisions to local elections authorities
RBG on getting rid of preclearance requirement
"Throwing out preclearance when it has worked and is continuing to work to stop discriminatory changes is like throwing away your umbrella in a rainstorm because you are not getting wet."
President Biden's stance
"there is an unfolding assault taking place in America today — an attempt to suppress and subvert the right to vote in fair and free elections." He called it "the most significant test of our democracy since the Civil War."
How can we increase voter turnout?
-Increase voter registration -Take away voter ID laws that 21 million Americans do not have access to -Increase the time period for early voting and mail-in ballots -Have independent commissions draw congressional lines to reduce gerrymandering- people will not vote if they feel their vote doesn't count -Get rid of the electoral college
What rules has Congress "made or altered" concerning congressional elections?
-mandated that states with multiple Representatives in the U.S. House divide themselves into congressional districts -enacted statutes limiting the amount of money that people may contribute to candidates for Congress -mandating that voter registration forms be made available at various public offices -requiring states to ensure the accuracy of their voter registration rolls
How can we improve election administration across the board?
-replacing old voting machines -upgrading voter registration databases -conducting thorough audits of paper ballots -performing regular risk assessments -fixing ballot design defects -supporting a bipartisan bill in Congress that would give states the funding they need to tackle these problems
Why are single member districts problematic?
1. Gerrymandering often occurs because of this so that representatives are getting voted on by people who agree with them. 2. People often have problems with the plurality rule because this means the majority of the district could've voted for not that candidate, but because it's just about who is getting the highest number of votes, that candidate could win.
What happened in 1870 in reference to voting?
15th amendment states that the right to vote cannot be denied by federal or state governments based on race soon after, states begin to enact measures such as voting taxes, literacy tests, and intimidation tactics to keep African Americans from voting
When were single-member districts first required?
1842, single-member districts were officially instituted by Congress through an apportionment act
Which states have changed their voting laws?
19 states passed 34 laws restricting voting in 2021 Some of the most significant legislation was enacted in battleground states Texas, Georgia, Florida
When was Shelby County v. Holder decided?
2013
Why don't people vote in our country?
2020 example of Donald Trump, presidents enforcing skepticism New Republican legislation restricts voters Voter ID laws restrict 2-3% of U.S. population People feel like their vote doesn't matter because of the Winner Take All system in the Electoral College
Gerrymandering facts
2021 district maps are more distorted, disjointed, and gerrymandered than any since Voting Rights Act in 1965 Congressional maps are becoming an increasingly large predictor of which party will control the House of Reps. 12 states completed mapping - Republicans gained advantage in 4 and Dems. have lost advantage in 2 Competition decreases: only 61 out of 435 seats considered "battleground" contests NC maps gives GOP advantage in 10/14 state districts, despite almost 50-50 split in statewide popular vote for President in 2020 A year before the polls open in the 2022 midterm elections, Republicans are already assured to flip at least five seats in the closely divided House due to redrawn district maps In Ohio, for instance, Republicans have won 12 out of 16 House seats in every election since the last redistricting, despite never winning much more than half the votes
How many Americans do not have access to government-issued photo identification?
21 million Americans, 11% of the population
In 2020, the Associated Press found how many instances of voter fraud?
475 potential instances out of the 25 million voters in our country
What was the outcome of Shelby County v. Holder?
5-4 decision in favor of Shelby County, Alabama The Court held that Section 4 of the Voting Rights Act imposes current burdens that are no longer responsive to the current conditions in the voting districts in question Constraints made sense in 1960s and 70s, but they do not any longer and now represent an unconstitutional violation of the power to regulate elections that the Constitution reserves for the states
What is the Federalist Paper that discusses congressional elections and the balance of power between the federal and state governments?
59
What is Cook v. Gralike?
A Supreme Court case (2001) Under the Election Clause, the Court ruled it unconstitutional that Missouri election officials were forced to print a special warning on the ballot next to the name of any candidate for Congress who refused to support term limits on Congress
Why are states having independent commission draw congressional district lines?
A few states have chosen to transfer power to draw congressional district lines from their respective legislatures to non-partisan or bipartisan "independent redistricting commissions." They believe that such commissions can make the electoral process more fair by preventing voters from being divided into congressional districts in ways that promote gerrymandering
Freedom to Vote Act
Aims to nullify new restrictions in Republican-led states and set nationwide standards for ballot access -require that states allow at minimum 15 consecutive days of early voting -all voters can request to vote by mail -establish new automatic voter registration programs -make Election Day a national holiday
Where in the Constitution is the Elections Clause?
Article 1 Section 4
What are the two different ways to gerrymander?
Cracking: splits groups of people with similar characteristics, such as voters of the same party affiliation, across multiple districts Packing: map drawers cram certain groups of voters into as few districts as possible
What does Federalist 59 say?
Defends times, places, and manners clause Gave Congress power to legislate, but left most of the power with the States Says that the federal government is a secondary but ultimate power
What is the question, or the main purpose of Shelby County?
Does the renewal of Section 5 of the Voter Rights Act under the constraints of Section 4(b) exceed Congress' authority under the Fourteenth and Fifteenth Amendments, and therefore violate the Tenth Amendment and Article Four of the Constitution?
What are some specific policies or changes you would make to increase voter turnout?
For The People Act of 2021, John Lewis Voting Rights Advancement Act (protects minority voters by reversing Shelby County), Freedom to Vote Act (increases voter registration/accessibility), get rid of Voter ID laws These all expand voting rights
What are potential issues to the issue of gerrymandering?
For the People Act of 2021 trying to outlaw partisan gerrymandering If there could be a universal law that the national government passes that requires every state's congressional lines to be drawn by independent commission (Ex. VA just adopted this, and many states have recently)
What two bills are Democrats currently trying to pass?
Freedom to Vote Act John Lewis Voting Rights Advancement Act
What is the Republican party currently trying to do with voting rights?
Imposing additional restrictions on voting (especially mail voting) giving Republican-controlled state legislatures greater control over the administration of elections New laws tighten identification requirements for voting by mail, bar election officials from proactively sending out ballot applications or shorten the time frame during which absentee ballots can be requested
Example of where new republican voting laws have taken effect
In Georgia, the four big counties at the core of metropolitan Atlanta — Fulton, Cobb, DeKalb and Gwinnett — will have no more than 23 drop boxes in future elections, down from the 94 available in 2020 -This is very important!! GA is a battleground state and the 2020 presidential margin was less than 13,000 votes, so every single vote counts in places like these
National Voter Registration Act (1993)
Intends to increase the number of eligible citizens who register to vote by making registration available at the Department of Motor Vehicles, and public assistance and disabilities agencies
In 2010, Republicans forged a campaign to win majorities in as many state legislatures as possible. What was the outcome?
It was wildly successful, giving them control over the drawing of 213 congressional districts The redrawing of maps that followed produced some of the most extreme gerrymanders in history In battleground Pennsylvania, the congressional map gave Republicans a virtual lock on 13 of the state's 18 congressional districts
What was the result of Shelby County v. Holder?
Lifted preclearance, allowing for many voting laws to be passed in states and paving the way for restrictive laws such as the ones we are seeing in 2022
Why were single member districts required?
Many of the states elected all of their representatives on a statewide basis Result: in states where one party had a comfortable statewide majority, it carried the entire congressional delegation Single member districts are a remedy for the "winner take all" system that was happening System also provided a more efficient means of contact with constituents at a time when modes of transportation and communication were relatively slow
Gerrymandering statistics- national and state
Nationally, extreme partisan bias in congressional maps gave Republicans a net 16 to 17 seat advantage for most of last decade State- In 2018, Democrats in Wisconsin won every statewide office and a majority of the statewide vote, but thanks to gerrymandering, won only 36 of the 99 seats in the state assembly
For the People Act 2021
One such piece was the bill's ban on partisan gerrymandering and its creation of independent commissions — composed of an equal number of Democrats, Republicans, and independents — to draw district lines A handful of states have adopted this method, and voters have overwhelmingly backed it in referenda, with support cutting across party lines.
Why is gerrymandering undemocratic?
Rather than voters choosing their representatives, gerrymandering empowers politicians to choose their voters
How does gerrymandering affect the American people?
Regardless of which party is responsible for gerrymandering, it is ultimately the public who loses out Rigged maps make elections less competitive, in turn making even more Americans feel like their votes don't matter
Why do people publicly doubt elections?
Republican-led legislatures have justified new restrictions on voting by citing a lack of public confidence in elections ex. If they doubt mail-in ballots and early voting, more restrictions will be placed on these methods, and they are the two methods largely used by democratic voters
What has prevented the two democratic bills from passing?
Republicans in the Senate using the filibuster
Who has used gerrymandering more- Democrats or Republicans?
Republicans were the primary beneficiaries of gerrymandering in the last decade, but... In MD, Democrats used control over map-drawing to eliminate one of the state's Republican congressional districts
What section of the Voter Rights Act was ruled unconstitutional in Shelby County v. Holder?
Section 5- prohibits eligible districts from enacting changes to their election laws and procedures without gaining official authorization Section 4b- defines the eligible districts as ones that had a voting test in place as of November 1, 1964 and less than 50% turnout for the 1964 presidential election
What was RBG's opinion in Shelby County v. Holder?
She argued that Congress' power to enforce the Fourteenth and Fifteenth Amendments encompasses legislative action such as the Voting Rights Act Congress has authority to enact legislation that specifically targets potential state abuses
From a historical viewpoint, what have been specific times in history when the election process has been compromised?
Shelby County v. Holder: compromised elections by making them unfair due to restrictive voter laws Disputed election of 1876: Tilden and Hayes, no clear winner emerged, Reps and Dems both tried to influence the counting of the votes -US Congress received two sets of conflicting electoral votes -Tilden led Hayes by 260,000 votes but Hayes still won the election for some reason
Who draws congressional districts?
State legislatures currently are responsible for drawing congressional districts in 31 states and state legislative districts in 30 Four states use an advisory commission to draw congressional plans, and six states have an advisory commission to draw state legislative districts Four states use an independent commission for both congressional and state legislative districts VA is adopting an independent commission to redistrict
What are the typical roles of state/local election administrators?
States: policymaking Localities: implementation and typically most funding
What part of the Constitution was used to rule Shelby County v. Holder unconstitutional?
Tenth Amendment: reserves all rights not granted to the federal government to the individual states Article Four: guarantees the right of self-government for each state
What are the two states that have eased their voter ID requirements?
Texas (2017) and VA (2020)
How are senators elected?
The 17th Amendment to the Constitution requires Senators to be elected by a direct vote of those she or he will represent. Election winners are decided by the plurality rule. That is, the person who receives the highest number of votes wins.
Who oversees elections in VA?
The Virginia State Board of Elections oversees the execution of elections under state law
Who is in charge of running elections in other states?
They determine it- protected by the Times, places, and manners clause (Article 1 Section 4) administrators at the state and local levels are in charge of running elections, so they vary Each state has an agency that manages elections and has a head elections official In 24 states, the chief elections official is an elected Secretary of State, but they can also be appointed/elected
Facts about growing House of Representatives
U.S. House of Reps. has one voting member for about every 747,000 Americans Limited public support for adding new House seats (28-34% in support) To have ratio match what it was after 1930 census, would need to have 1,156 members
What have been measures that expand voting access?
VA- created a state level preclearance requirement and made election day a holiday NY- restored voting rights for some felons NJ and KY- added more early voting days and an online registration portal
Why did the founders originally provide states with some power to regulate elections? Doesn't that ensure different rules for different states? What was their rationale?
Very localized, the national government could not make the decisions when everything was so regionalized Fear of the federal government that came from the British government Fears that a central government would accumulate too much power and erode state sovereignty persisted, along with the fear that no central authority could govern such a huge expanse of territory protected under the 10th amendment
What protects an American's right to vote?
Voting Rights Act of 1965 15th Amendment 14th Amendment
Where does gerrymandering tend to occur?
When linedrawing is left to legislatures and one political party controls the process- has become increasingly common When that happens, partisan concerns almost invariably take precedence over all else
Is questioning the validity of elections anti-democratic?
Yes, leads to restrictive voting laws which are inherently undemocratic, makes people feel like their vote is worthless -Disproportionately affect some Americans so they do not have equal access to the ballot, also undemocratic -GA example
What are single member districts?
a district that sends one officeholder or representative in a legislative body, rather than two or more All members of US congress are elected from single-member districts, by federal law
How can the way districts are drawn impact voters and politicians?
can influence who wins elections, how political power is distributed, which communities are represented, and what laws are passed
Enforcement Act of 1870
established criminal penalties for interfering with the right to vote
Voting Rights Act of 1965
enacted as a response to the nearly century-long history of voting discrimination banned racial gerrymandering and any voting measures that would target minority groups "act to enforce the fifteenth amendment to the Constitution"
What was the Court's ruling on gerrymandering in 2019?
gerrymandering for party advantage cannot be challenged in federal court has set the stage for perhaps the most ominous round of map drawing in the country's history
An American is more likely to be struck by lightning than...
impersonate another voter
Help America Vote Act (2002)
passed in response to the disputed 2000 presidential election Massive voting reform effort requires states comply with federal mandate for provisional ballots, disability access, electronic voting, etc.
What is the Elections Clause?
the primary source of constitutional authority to regulate elections for the U.S. House of Representatives and U.S. Senate It grants each level of government the authority to enact a complete code for such elections, including rules concerning public notices, voter registration, voter protection, fraud prevention, vote counting, and determination of election results Although the Elections Clause makes states primarily responsible for regulating congressional elections, it vests ultimate power in Congress
How do Republican politicians view the Democrats' proposed new voting rights legislation?
they see it as an illegitimate "federal takeover" of federal elections
Why did the Framers allow Congress to have ultimate power in the Elections Clause?
they were concerned that states might establish unfair election procedures or attempt to undermine the national government by refusing to hold elections for Congress they empowered Congress to step in and regulate such elections as a self-defense mechanism
John Lewis Voting Rights Advancement Act
would restore parts of the landmark Voting Rights Act weakened by Supreme Court rulings restore protection against discrimination for voters of color would restore preclearance in the VRA after Shelby County took it away Basically, this act is trying to restore the Voting Rights Act to what it was before Shelby County to protect minority voters