The American Democracy Minute Radio Report & Podcast for May 13, 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.

A New York state appeals court upheld a new state law allowing any state resident to vote by mail during the early voting period.  New York and national Republican committees, along with a NY Congresswoman, had sued to prevent unfettered access to mail-in ballots.

The New York Early Mail Voter Act was signed by Governor Kathy Hochul last September, and immediately challenged by no less than Congresswoman Elise Stefanik, the Republican National Committee, the New York Republican State committee, the National Republican Congressional Committee, and the Conservative Party of New York.   They and the other plaintiffs argued that the law is an unconstitutional end-run around the New York state constitution, which stipulates absentee voting is allowed only when the citizen is absent from the county, or due to an illness or a disability.

The Albany Times-Union reports that the State Supreme appellate court unanimously upheld a lower court’s ruling on May 9th, finding the law constitutional, and affirming the legislature’s power to enact it.  In the court’s opinion, QUOTE  “ . . . the NY Constitution contains no requirement – express or implied – mandating that voting occur in-person on election day.”  

Barring further appeal, the New York Early Mail Voter Act will be in place for the November 2024 general election. 

We have a link to the opinion, the text of the bill, and an Albany Law School analysis at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:
Gotham Gazette – (2023) Expansive Vote by Mail Bill Moved Through State Legislature as Session Ended
New York State Assembly – New York Early Mail Voter Act
Richad Rifkin, Albany Law School Government Law Center  –  (2023) The Constitutionality of the New York Early Mail Voter Act
Democracy Docket – New York Early Mail Voter Act Challenge
Times-Union – Stefanik case to overturn vote by mail rejected by appeals court

Groups Taking Action:
Common Cause NY,  Let NY Vote, Citizen Action NY, League of Women Voters NY

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#Democracy  #DemocracyNews #VotebyMail #VoteatHome #NYNews #NYPolitics

The post New York Appeals Court Protects the State Mail-in Voting Law, Dealing a Blow to NY Congresswoman & GOP Groups appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for Nov. 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.

After multiple appeals, Louisiana is close to getting fair Congressional maps for the 2024 election, after a November 10th appeals court decision directed the legislature to draw new maps by January 15th.  

Louisiana’s voting age population is 30% African American.  Yet out of six Congressional districts, only one is majority Black, in violation of the Voting Rights Act.  After the Supreme Court’s Milligan decision directing Alabama to draw a second majority Black district, democracy groups had hoped for a quick resolution in Louisiana. But, it took two more appeals before the Fifth Circuit finally directed that new maps be drawn by January 15th by the legislature, or the court would draw the map.  A district court has scheduled a hearing to review the map February 5th.

Here’s where it gets even more interesting.  Governor Elect Jeff Landry takes office on January 8th, and special sessions require a 7-day notice – making the session the same day of the deadline.  Landry has already stated he will call that session. Current governor John Bel Edwards could also call a special session, but has not yet done so. Computer redistricting can be done relatively fast, and it’s likely mapmakers are already at work.  

Governor John Bel Edwards wrote in a statement, “I remain confident that we will have a fair map with two majority Black districts before the congressional elections next year.”

We have more on Louisiana Black voters’ fight for fair maps at AmericanDemocracyMinute.org.   I’m Brian Beihl.

Today’s Links

Articles & Resources:
Democracy Docket –  Redistricting Lagniappe: The Fight for a Second Majority-Black District in Louisiana
Democracy Docket – Louisiana Voters Ask U.S. Supreme Court To Pause 5th Circuit Order Delaying Fair Maps
Democracy Docket – US Supreme Court Denies Petitioners in Louisiana Redistricting Case Emergency Relief
Fifth Circuit Court of Appeals Nov. 10, 2023 Decision – Robinson v. Ardoin
Office of the Governor – Statement from Governor Edwards on 5th Circuit Ordering A New Congressional Map
NPR – An appeals court sets a January deadline for a new Louisiana congressional map

NAACP Legal Defense Fund – Federal Court of Appeals Affirms Louisiana’s Congressional Map is Discriminatory

Groups Taking Action:
NAACP Legal Defense Fund, ACLU Louisiana,  Power Coalition for Equity and Justice

Please follow us on Facebook and Twitter and SHARE!  

Find all of our reports at AmericanDemocracyMinute.org

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#Democracy  #DemocracyNews #MajorityMinority #LouisianaPolitics #FairMaps #VotingRightsAct #EndGerrymandering

The post Appeals Court (Finally) Finds Louisiana Congressional Map was Discriminatory; Orders New Maps to Be Drawn by January 15 appeared first on American Democracy Minute.

Listen! https://www.podomatic.com/podcasts/americandemocracyminute/episodes/2022-06-12T05_56_25-07_00

Today’s Links:
SCOTUS Decision:   https://www.supremecourt.gov/opinions/21pdf/21a772_h3dj.pdf
Scotus Blog:  “Court allows Pennsylvania officials to count ballots that arrived in undated envelopes”
Election Law Blog:   “Breaking and Analysis: Supreme Court, with 3 Noted Dissents, Won’t Interfere with Pennsylvania Race Requiring Counting of Undated but Timely Mail-In Ballots; Justice Alito Suggests Expeditious Review Before Next Elections“

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

We told you earlier this month about the undated ballot case in Pennsylvania, and that it COULD have national implications.  The U.S. Supreme Court has now lifted its temporary stay, but there are now more indications that the court may not be a friend to the American voter.

The U.S. Third Circuit Court of Appeals had ruled that mail-in ballots, which were on time but undated for a county election in Pennsylvania should be counted, but the U.S. Supreme Court recently issued issued a temporary stay.  

SCOTUS Blog reports that June 9th, the Supreme Court rendered a decision, choosing to lift its stay and NOT to hear the case, clearing the way for the undated ballots to be counted.   

Justice Alito, who had issued the temporary stay also wrote a dissent representing himself, Justice Thomas and Justice Gorsuch.  Alito urged the court to take up the case and give a full decision by October in time for the 2022 general election.  They argued the lower court’s assertion that throwing out on-time ballots without a date could disenfranchise voters was flawed and not specific enough.  The dissenters also cited, among other criticisms, that filling out the ballot wrong didn’t have anything to do with the voter’s opportunity to vote, and therefore didn’t likely violate federal voting rights laws. 

For this election, it appeals that the undated ballots will count, not just in Pennsylvania, but around the country.   But it’s not likely the end of the issue.

Links to the decision and analysis are available at AmericanDemocracy Minute.org

Granny D said, “Democracy is not something we have, it’s something we DO.” 

For the American Democracy Minute, I’m Brian Beihl.

The post American Democracy Minute for June 13, 2022: SCOTUS Allows Undated Ballots, but Dissent Shows Some Justices Unfriendly to Voters appeared first on American Democracy Minute.

Listen: https://www.podomatic.com/podcasts/americandemocracyminute/episodes/2022-05-22T07_29_35-07_00

Federal Appeals Court on Undated Ballots May Protect PA Voters
Today’s Links: 
Articles:   Philadelphia Inquirer, ACLU Pennsylvania
Groups working on the Freedom to Vote in PA:   ACLU Pennsylvania, Keystone Votes coalition, Urban League of Philadelphia, Common Cause PA

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

An interesting pro-voter court ruling in Pennsylvania in a case brought by the ACLU could have national implications and help thousands have their vote counted.  

The Philadelphia Enquirer reports that In a 2021 local election in Lehigh County, Pennsylvania, 257 mail-in ballots were rejected because they were undated.   Pennsylvania law requires that voters sign and date mail-in ballots. 

In Migliori v. Lehigh County Board of Elections, the ACLU argued on behalf of five affected voters.   The federal 3rd Circuit Court of Appeals agreed, ruling that the lack of a date was immaterial and the ballots should be counted in that election, and possibly including last week’s Pennsylvania state primary, where a recount of the Republican race for U.S. Senate is pending and the margin between Dr. Oz and David McCormick is only .5%. 

That was in federal court.  But in the Pennsylvania Supreme Court, a 2020 ruling on the same issue was much murkier.  In that case three state justices said they should be counted, three justices said they shouldn’t, and one said he would allow it in 2020 but not in the future. 

In the 2022 state primary, 2,000 mail-in ballots were submitted without a date – just in Philadelphia.

We have more information and links to the ACLU case  at our website, AmericanDemocracyMinute.org/  

Granny D said, “Democracy is not something we have, it’s something we DO.” 

For the American Democracy Minute, I’m Brian Beihl.

The post American Democracy Minute for May 23, 2022 appeared first on American Democracy Minute.

https://www.podomatic.com/podcasts/americandemocracyminute/episodes/2022-05-08T08_01_30-07_00

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

We reported last week that the Secretary of State in Florida had held up portions of SB 54, awaiting a court case involving another Florida voter suppression bill, SB 90, signed into law last year by Governor Ron Desantis.  It put further restrictions on the use of drop boxes and the role of groups facilitating voter registration.  

The U.S. 11th Circuit Court of Appeals ruled Friday on SB 90  – sort of.   The lower court had ruled that SB 90’s provisions targeting black & brown voters were egregious enough that Florida should be subject to federal Voting Rights Act “preclearance” of any voting laws prior to implementation.

But the three Trump-appointed judges on the appeals court panel ruled Friday not on the merits of the case, but on the timing.  The ruling instead cited the “Purcell principle,” from the 2006 Purcell v. Gonzalez, which found that changes should not be made too close to an election. It also called the historical arguments of the League of Women Voters of Florida “vague,” and questioned the pro-voter group’s assertion that the provisions of the law were “intentional discrimination.”

The ruling grants a stay to the circuit court’s decision, and allows Florida to move forward with implementation pending appeal.   To the less than voter friendly U.S. Supreme Court.

We’d love to hear your thoughts!  Send us an email at WethePeople@AmericanDemocracyMinute.org and tell us the state and station where you listen. 

Granny D said, “Democracy is not  something we have, it’s something we DO.” 

For the American Democracy Minute, I’m Brian Beihl.

The post American Democracy Minute for May 9, 2022: Federal court of appeals issues sides with State of FL on Voting Rights Case appeared first on American Democracy Minute.