The American Democracy Minute Radio Report & Podcast for April 7, 2025

Some good news during some very dark days for American democracy.  A federal judge ruled Pennsylvania mail-in ballots without a date can be counted, protecting the vote of as many as 10,000 citizens who made a simple mistake.

The ballots were received by election officials on time from eligible voters, but lacked a date, or included the wrong date. Republicans sued to invalidate them and won in lower state courts.  Pro-voter groups claim rejecting the ballots violated the Commonwealth’s Free and Equal Elections Clause. The Pennsylvania Supreme Court initially refused to hear the appeal last September, but said in January it will now hear the case. 

Meanwhile, the ACLU asked the U.S. Supreme Court to find that rejecting the ballots was a violation of the 1964 Civil Rights Act’s Materiality Provision, preventing ballots from being rejected for trivial issues.  The high court refused the ACLU case, but the U.S. District Court ruled March 31st that the rejections were illegal.  

Judge Susan Baxter wrote, “The evidence of record demonstrates that county boards across the Commonwealth discarded 10,657 otherwise valid ballots in the 2022 general election solely because voters either forgot to date them or used an incorrect date. Such disenfranchisement burdens the right to vote and there is no valid state interest to weigh this against.”

It’s unclear when the Pennsylvania Supreme Court will weigh in on the issue.

We’ve linked to more at AmericanDemocracyMinute.org.   I’m Brian Beihl.

Today’s Links

Articles & Resources:

American Democracy Minute – (2024) After Years of Litigation, Undated Ballot Envelopes are Again at Issue in Pennsylvania’s 2024 Election – and Thousands Likely Disenfranchised
Reuters – Pennsylvania can discard undated mail-in ballots, US appeals court rules
ACLU – Pennsylvania State Conference of the NAACP et al. v. Schmidt et al
Jurist – US judge rules Pennsylvania rejecting undated mail-in ballots violated First Amendment
U.S. District Court for Western Pennsylvania via Democracy Docket – BETTE EAKIN, et al. Plaintiffs
vs. ADAMS COUNTY BOARD OF ELECTIONS, et al
Democracy Docket – Pennsylvania Must Count Undated Mail-In Ballots, Federal Court Rules

Groups Taking Action:

ACLU, NAACP PA , League of Women Voters PA, Black Political Empowerment Project

Register or Check Your Voter Registration:

U.S. Election Assistance Commission – Register And Vote in Your State

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#Democracy  #DemocracyNews #Pennsylvania #UndatedBallots

The post Good Democracy News for a Change:  Federal Court Directs Pennsylvania to Count Undated Mail-in Ballots in Ongoing Partisan Dispute appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for Oct. 29, 2024

Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

Our last three reports focused on the likely plans for bad actors to subvert the election.  Thankfully, Congress passed the Electoral Count Reform Act of 2022, which most experts believe will prevail. How does it work?

The ECRA sets up federal court guidelines for expedited election challenges, including emergency U.S. Supreme Court action.  That’s important, because the ECRA also sets hard deadlines for states to submit their certification and slate of electors, limiting litigation intended to delay the process. 

It also prohibits a state legislature from changing the set of electors are chosen AFTER the election, a tactic bad actors proposed in 2020.  It clarifies that only a governor or designated “executive” are allowed to transmit the “certificate of ascertainment” and list of electors, avoiding another fake elector scheme.  The transmission goes directly to Congress six days before the electors convene, which must occur by the “the first Tuesday after the second Wednesday in December.”  This election, that’s December 17th, 2024.

Once the process reaches Congress, the ECRA raises the threshold to object to a state’s certification from one senator and one representative, to one-fifth of each body, making it harder to second-guess a state’s certification and obstruct the proceedings.  And it clarifies the role of the Vice President as procedural, not the final word on state certifications or electors.

We have more on the Electoral Count Reform Act at AmericanDemocracyMinute.org.  I’m Brian Beihl. 

Today’s Links

Articles & Resources:

Protect Democracy – Understanding the Electoral Count Reform Act of 2022

Brennan Center for Justice – How Electoral Votes Are Counted for the Presidential Election
Campaign Legal Center – Updating the Electoral Count Act to Protect the Will of the People in Presidential Election
The Fulcrum – Understanding the Electoral Count Reform Act
National Constitution Center – Democracy Checkup: Preparing for the 2024 Election

Check Your Voter Registration:

• U.S. Election Assistance Commission – Register And Vote in Your State
• USA Vote Foundation – Registration, Eligibility, State Election Office Links
• Vote.Gov – Register to Vote in Your State
• Vote.Org – Check Your Registration to Vote
  
  

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#Democracy  #DemocracyNews #ProtectElections #ElectoralCountReformAct #ECRA

The post It May Be Bumpy, But Most Democracy Experts Think the Electoral Count Reform Act Will Help Protect the Election appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for April 12, 2024

Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

We reported last October that 11 Michigan GOP legislators used the “Independent State Legislature” theory to challenge two Michigan ballot questions expanding voting rights.  A federal judge dismissed their case April 10th.

You’ll remember that the fringe ISL theory was used in a North Carolina case last year, with the state legislature arguing in Moore vs. Harper that it alone had the U.S. Constitutional authority to make election law.  The U.S. Supreme Court rejected that argument.  

In 2018, Michigan voters approved voting rights citizen ballot initiatives which established automatic voter registration, no-excuse absentee voting and same-day voter registration.   In 2022, voters approved another voting rights amendment which allowed drop boxes, established nine days of early voting and a permanent absentee list, among several democracy reforms.  They passed with approvals of 60% and 67%.

Eleven Michigan GOP senators and representatives objected, arguing they had the U.S. Constitutional right to cast a vote on such election laws and were harmed by the ballot initiatives.

Judge Jane Beckering did not rule on the validity of the ISL theory, but did concur with the state’s argument that the plaintiffs had no standing to bring the case.   The case was dismissed, but without prejudice, so ISL may still not be dead.

We have links to more on the case and why the ISL theory is dangerous at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:
Brennan Center for Justice – Moore v. Harper
BallotPedia – Michigan 2018 ballot measures
BallotPedia – Michigan 2022 ballot measures

American Democracy Minute – Just in Time for Halloween, Michigan Case Tries to Reanimate the Independent State Legislature Theory and Kill Democracy Reforms
U.S. DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN (via Democracy Docket) – JONATHAN LINDSEY v.  GRETCHEN WHITMER Opinion and Order
Michigan Department of Attorney General – Federal Court Rejects Lawsuit of 11 Republican State Legislators, Predicated on Independent State Legislature Theory
Michigan Advance – Federal judge rejects GOP lawmaker suit over state election laws
Democracy Docket – Revisiting Moore v. Harper and the Threats to Democracy

Groups Taking Action:
Michigan Alliance for Retired Americans,  Detroit Downriver A. Phillip Randolph Institute, Detroit Disability Power

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Find all of our reports at AmericanDemocracyMinute.org

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#Democracy  #DemocracyNews #VotingRights #MichiganPolitics  #DemocracyReform #DirectDemocracy #MoorevHarper

The post Michigan Case Which Used the ‘Independent State Legislature Theory’ to Challenge Voting Rights Ballot Questions is Thrown Out appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for Feb. 2, 2024

Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

Georgia is the only state which conducts statewide election runoffs for both general AND primary elections when no candidate receives a 50% majority.  But runoff elections are time consuming, have low turnout, and cost millions of dollars to run.   Ranked choice voting – also known as “instant runoff”– could solve it, BUT the Georgia Senate just voted to ban it.

The runoff in the 2022 U.S. Senate election between Raphael Warnock and Herschel Walker cost Georgia an estimated $75 Million dollars to run. On average, turnout in Georgia runoffs is 30% lower than the general election.

State and party officials have discussed doing away with runoffs entirely, and allowing a winner with less than a 50% majority.  Just last month, Secretary of State Brad Raffensperger implored the legislature to end runoffs, but didn’t offer alternatives.

Maine and Alaska use instant runoff RCV statewide, and other states are considering it in 2024 for its wider choice of candidates and lower cost.  Even Georgia allows it for its military and overseas voters, because its four-week runoff cycle doesn’t allow time to return a ballot.  But on January 25th, the Georgia Senate voted to ban its use, citing voter confusion and the extra time required.  Eighty percent of Alaskans found it very or somewhat easy to use. 

The RCV ban has yet to pass the Georgia House.  We have an explainer on how RCV works at AmericanDemocracyMinute.org.  I’m Brian Beihl. 

Today’s Links

Articles & Resources:
The Conversation – (2022)  Georgia runoff elections are exciting, but costly for voters and democracy
Facing South – Georgia officials consider changes to state’s runoff election system
Lt Gov. of Georgia – Lt. Governor Burt Jones Announces Legislation Banning Ranked-choice Voting
Georgia Recorder – State Senate panel presses ahead with bill that would ban ranked choice voting in Georgia
Georgia Secretary of State’s Office – (2023)  Secretary Raffensperger Calls on General Assembly to Put Georgia Voters on Santa’s Nice List and End Georgia Runoffs
Georgia Secretary of State’s Office – Use of Instant Runoff for Military and Overseas Voting
WGXA – State Senate committee approves ban on ranked-choice voting
National Conference of State Legislatures – Primary Runoffs
Represent.Us – Ranked Choice Voting, Explained

Groups Taking Action:
Better Ballot Georgia, FairVote, Represent.US

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Find all of our reports at AmericanDemocracyMinute.org

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#Democracy  #DemocracyNews #RCV #RankedChoiceVoting #InstantRunoff #RunoffElections #GeorgiaElections

The post Georgia has a $75 Million Runoff Election Problem. Ranked Choice Voting Would Solve It, But Instead, the Georgia Senate Just Voted to Ban RCV. appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for Dec. 14, 2023

Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

There was another plot twist in New York’s redistricting drama, as New York’s highest court threw out a special master’s Congressional maps, and directed the state’s redistricting commission to try again.

Voters established the partisan-appointed New York Independent Redistricting Commission, or IRC, in 2014, in hopes of ending partisan gerrymandering.  It didn’t.  The advisory-only IRC deadlocked, instead submitting only one Democratic-map and one Republican-map, with the legislature rejecting both.  The Democrat-dominated legislature then gerrymandered the map for partisan advantage. 

Those maps were thrown out by an appeals court in 2022, and a special master drew the more competitive maps used during the midterm election, flipping six Congressional seats Republican. Democrats sued, arguing that the IRC never fulfilled its constitutional duty of having two attempts at drawing maps.

December 12th, a state appeals court agreed, throwing out the special master’s more competitive maps, and mandating that the redistricting commission draw new ones, saying in its ruling,  “We are holding the IRC and legislature to what the Constitution demands and will do so as often as necessary to secure compliance with its mandate.” 

The decision could have consequences far beyond New York, potentially shifting control of the U.S. Congress.  Will the IRC deadlock again?  Will NY legislators listen to voters and draw competitive maps? 

Stay tuned for more drama at AmericanDemocracyMinute.org.   I’m Brian Beihl.

Today’s Links

Articles & Resources:
American Democracy Minute – Will an Appeal Give New York’s Bipartisan Redistricting Committee Another Chance to Draw Fair Maps?
Associated Press – New York’s high court orders new congressional maps as Democrats move to retake control of US House
Politico – New York’s high court just blew up the fight for control of the House
Democracy Docket – New York’s Highest Court Orders New Congressional Map for 2024
New York Court of Appeals – In the Matter of Anthony S. Hoffmann, et al.,  v.  New York State Independent
Redistricting Commission, et al.,
Princeton Gerrymandering Project – New York Congressional Maps
Brennan Center for Justice – What Went Wrong with New York’s Redistricting

Groups Taking Action:
Common Cause NY,   NY Civil Liberties Union, New York Law School Census and Redistricting Institute, Empire Center

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Find all of our reports at AmericanDemocracyMinute.org

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#Democracy  #DemocracyNews #FairMaps #EndGerrymandering #NYPolitics #NewYorkPolitics

The post Plot Twist in New York’s Ongoing Redistricting Drama, as Appeals Court Throws Out Competitive Maps Drawn by a Lower Court’s Special Master appeared first on American Democracy Minute.