Democracy Worked This Year. But It Is Under Threat. – The New York Times
The reforms included giving voters in every state a chance to fix an error like a missing signature on a mail-in ballot and ensuring that counting ballots isnt subject to delays. If election officials can begin processing ballots early, this year has taught us, they have time to get in touch with voters to address mistakes on ballots and also complete the count on or close to Election Day.
These are small steps, technocratic rather than visionary, but ones that can help increase participation and trust. Congress could set national standards and fund states to implement them. Its time for uniform rules, said Stephen Vladeck, a law professor at the University of Texas, Austin. Weve learned a lot about how ballots should be distributed and validated.
Yet in recent litigation about voting by mail, Republican lawsuits have resurrected a theory that could prevent state courts and election officials from enacting changes that protect voters from disenfranchisement. The idea is that the rules for an election must come exclusively from the legislature. It derives from the Supreme Court case that effectively decided the presidential election in 2000 Bush v. Gore. But it has lain dormant since then, because it was never adopted by a majority on the Supreme Court.
Now that could change. During the summer and fall, in light of the pandemic, the state election board in North Carolina and the State Supreme Court in Pennsylvania extended the deadlines for returning absentee ballots; if they were postmarked by Nov. 3, they could be received through the mail days later and still be counted.
The Constitution gives legislatures the main role of setting rules for elections. (Each state, Article II says, shall appoint its representative to the Electoral College in such Manner as the Legislature thereof may direct.) But as in every other area of law, state officials outside the legislature have traditionally figured out how to apply rules for administering elections, and state courts are sometimes asked to decide a challenge to a particular practice in consideration of their state constitutions, almost all of which explicitly protect voting. (Many broadly provide for free or free and equal or free and open elections.)
And yet, in Bush v. Gore, the Supreme Court interfered with the usual lines of authority over state elections. The justices stepped in to end a recount of the Florida vote ordered by the Florida Supreme Court. Two of the justices signed onto a concurrence, written by Chief Justice William H. Rehnquist, arguing that the Florida recount had to end, despite the Florida Supreme Courts order, because Article II meant that only the legislature could provide a means to contest the results of the election. But in 2015, a majority of the Supreme Court went in the opposite direction, holding that the meaning of Legislature in Article II encompasses a states general lawmaking power. That ruling allowed Arizona to create a nonpartisan redistricting commission through a ballot initiative, rather than a law passed by the legislature.
And yet in the weeks before this election, Rehnquists narrow interpretation of Article II gained support from four conservative justices Samuel A. Alito Jr., Neil M. Gorsuch, Brett M. Kavanaugh and Clarence Thomas when Republicans challenged the deadline extensions for mail-in ballots in Pennsylvania and North Carolina, and also in Wisconsin. Justice Amy Coney Barrett did not take part in these cases.
So far, these legal developments are a skirmish. At press time, the deadline extensions appeared to have little effect, because the number of mail-in ballots that arrived after Nov. 3 seemed small. But the cases laid the groundwork for future battles over election rules, large and small. This is now at the top of my list, Hasen said. The federal courts are threatening to become the greatest impediment to election reform.
Outside the courts, the usual challenge to improving how elections are run is sustaining our attention. Now we also have to bridge the partisan divide that turned the basic task of counting ballots into a lengthy, unnecessary drama. One lesson of Election Day was that record turnout doesnt just lift Democrats; the enormous wave of voters wound up buoying Republican candidates too, including Trump. But his relentless assaults on the integrity of the election now risk cementing the idea that for Republicans, attacking democracy itself, along with disenfranchising voters who dont support them, is the path forward. Instead of listening to Trump, look at and learn from the workers whose determined efforts made the election, despite everything, a success.
See the original post:
Democracy Worked This Year. But It Is Under Threat. - The New York Times
- The Survival of Democracy Depends on Our Willingness to Fight - Democracy Docket - May 24th, 2025 [May 24th, 2025]
- Professor Contributes to International Collaboration Examining AI and Democracy - University of New Haven - May 24th, 2025 [May 24th, 2025]
- What Is Democracy Beyond Elections? - promarket.org - May 24th, 2025 [May 24th, 2025]
- EU's Annual Report on Human Rights and Democracy in the World 2024 - EEAS - May 24th, 2025 [May 24th, 2025]
- Helldivers 2: Heart of Democracy update live, brings the fight to the streets of Super Earth - PlayStation.Blog - May 24th, 2025 [May 24th, 2025]
- Has Trump killed US democracy? - Funding the Future - May 24th, 2025 [May 24th, 2025]
- No Surrender: The Boss Is Showing How to Stand Up to Trump - Democracy Docket - May 24th, 2025 [May 24th, 2025]
- Popes understand better than politicians the weaknesses of democracy - Catholic Herald - May 24th, 2025 [May 24th, 2025]
- Restore the Balance hosts panel on state of American democracy - The Durango Herald - May 24th, 2025 [May 24th, 2025]
- Libraries are a pillar of democracy. We need to defend them against attack | Opinion - Austin American-Statesman - May 24th, 2025 [May 24th, 2025]
- Nothing Can Justify It: Journalist Gideon Levy Reacts to Killing of Israeli Embassy Staffers in D.C. - Democracy Now! - May 24th, 2025 [May 24th, 2025]
- Letter: When true Democracy is a tricky thing - Chico Enterprise-Record - May 24th, 2025 [May 24th, 2025]
- A Gross Usurpation of Power: Federal Judge Reverses Trumps Closure of U.S. Institute for Peace - Democracy Now! - May 24th, 2025 [May 24th, 2025]
- Bernie Sanders agrees Democratic Party is 'threat to democracy,' removed process from its constituents - Fox News - May 24th, 2025 [May 24th, 2025]
- SCOTUS Gives Trump Green Light to Fire Heads of Independent Agencies - Democracy Now! - May 24th, 2025 [May 24th, 2025]
- Council of Europe brings young people together to discuss democracy, rights and diversity - coe.int - May 24th, 2025 [May 24th, 2025]
- Brazilian jurists Alexandre de Moraes, Crmen Lcia join experts on fact-checking and democracy as speakers at GlobalFact 12 - Poynter - May 24th, 2025 [May 24th, 2025]
- Democracy is messy, and thats a good thing - The Globe and Mail - May 24th, 2025 [May 24th, 2025]
- Letter to The Editor | Response to Democracy On A Budget - RVA Mag - May 24th, 2025 [May 24th, 2025]
- Theft from On High: Trumps Budget Bill Guts Medicaid, Medicare & More to Pay for Tax Cuts - Democracy Now! - May 24th, 2025 [May 24th, 2025]
- The Biden cover-up and a credibility crisis that threatens democracy - JNS.org - May 24th, 2025 [May 24th, 2025]
- The Worst Its Ever Been: U.K. Surgeon in Gaza Warns Kids Are Bearing Brunt as Israel Widens Assault - Democracy Now! - May 24th, 2025 [May 24th, 2025]
- Joe Concha says Democrats are squashing democracy, accuses them of holding fixed primaries - Fox News - May 17th, 2025 [May 17th, 2025]
- Justice Sotomayors Message to Lawyers: Stand Up, Fight and Win - Democracy Docket - May 17th, 2025 [May 17th, 2025]
- Is Germany protecting its democracy or suppressing free speech? - The Hill - May 17th, 2025 [May 17th, 2025]
- U2 Legend Bono on Why the World Has Forgotten What Freedom and Democracy Mean - The Hollywood Reporter - May 17th, 2025 [May 17th, 2025]
- Lt. Gen. Charles D. Luckey on the Role of the Military in Upholding Democracy - RNS | Covering the world of religion. - May 17th, 2025 [May 17th, 2025]
- Battle for Democracy Plays Out in the Streets of Turkey - Stimson Center - May 17th, 2025 [May 17th, 2025]
- Distributing intimate images without consent isnt just a crime, its a threat to democracy - Virginia Mercury - May 17th, 2025 [May 17th, 2025]
- Is the AfD Too Extreme for Democracy? - The Atlantic - May 17th, 2025 [May 17th, 2025]
- To protect democracy, we must hang together | Opinion - The Portland Press Herald - May 17th, 2025 [May 17th, 2025]
- Confronting the Threat to Democracy: A Call to Action for Arizona Business and Civic Leaders - The Fulcrum - May 17th, 2025 [May 17th, 2025]
- Congressional Agency Rebuffs Trump Bid to Expand Power Grab - Democracy Docket - May 17th, 2025 [May 17th, 2025]
- Letter | The river of democracy, rerouted - The Daily Progress - May 17th, 2025 [May 17th, 2025]
- U.S. Allies Rally to Support Democracy and Come to Terms With a New U.S. Foreign Policy - Council on Foreign Relations - May 17th, 2025 [May 17th, 2025]
- Contemplating Democracy on the International Day Against Homophobia, Biphobia and Transphobia - International IDEA - May 17th, 2025 [May 17th, 2025]
- New Ruling Cuts Off Key Tool to Protect Minority Voters - Democracy Docket - May 17th, 2025 [May 17th, 2025]
- Why libraries are the cornerstone of democracy in the words of just-fired Librarian of Congress - WGBH - May 17th, 2025 [May 17th, 2025]
- Editorial: Brave judges hold the line on democracy - Valley News - May 17th, 2025 [May 17th, 2025]
- Trumps Department of Education Has Become a Threat to Democracy - The Fulcrum - May 17th, 2025 [May 17th, 2025]
- Letters to the Editor: Congress, its time to right the ship before democracy capsizes - Los Angeles Times - May 17th, 2025 [May 17th, 2025]
- Salvadoran Journalists Exposed Pres. Bukeles Ties to Gangs. Then They Had to Flee to Avoid Arrest - Democracy Now! - May 17th, 2025 [May 17th, 2025]
- Israel Kills 150 Palestinians in Gaza in Bloodiest Day Since It Shattered Ceasefire - Democracy Now! - May 17th, 2025 [May 17th, 2025]
- What seems like the end is only the beginning Democracy and society - ips-journal.eu - May 17th, 2025 [May 17th, 2025]
- 'Beacon of freedom' dims as US initiatives that promote democracy abroad wither under Trump - AP News - May 11th, 2025 [May 11th, 2025]
- Bulwark on Sunday: Our Democracy Is Actually Dying (w/ Daniel Ziblatt) - The Bulwark - May 11th, 2025 [May 11th, 2025]
- For Many, the Democracy Israelis Fear Losing Never Existed in the First Place - Haaretz - May 11th, 2025 [May 11th, 2025]
- Texans get a grueling lesson in democracy after driving to the Capitol to testify on a bill - Alternet - May 11th, 2025 [May 11th, 2025]
- 'Destroy American democracy as we know it': Inside the GOP plot to attack your right to vote - Alternet - May 11th, 2025 [May 11th, 2025]
- Protecting democracy is not enough: five things Americans must fight for | Huck Gutman - The Guardian - May 11th, 2025 [May 11th, 2025]
- Opinion | Voices Against Trumps Assault on Democracy - The New York Times - May 11th, 2025 [May 11th, 2025]
- 'Beacon of freedom' dims as US initiatives that promote democracy abroad wither under Trump - ABC News - May 11th, 2025 [May 11th, 2025]
- Opinion | How Will We Know When We Have Lost Our Democracy? - The New York Times - May 11th, 2025 [May 11th, 2025]
- The growing threat to U.S. democracy will literally cost lives - The Conversation - May 11th, 2025 [May 11th, 2025]
- We Have More Power Than Trump Wants Us To Believe Heres What You Can Do - Democracy Docket - May 11th, 2025 [May 11th, 2025]
- Is Ivory Coast's red card politics an own goal for democracy after Tidjane Thiam's ban - BBC - May 11th, 2025 [May 11th, 2025]
- My Time on 60 Minutes and Why I Refuse To Stay Silent - Democracy Docket - May 11th, 2025 [May 11th, 2025]
- The Democracy Dilemma Are Grantmakers Meeting the Moment? - fundsforNGOs - May 11th, 2025 [May 11th, 2025]
- DOJ Wont Appeal Judges Order Against Trumps Anti-Voting Decree - Democracy Docket - May 11th, 2025 [May 11th, 2025]
- Opinion: Canada has the form of democracy, but not the substance - The Globe and Mail - May 11th, 2025 [May 11th, 2025]
- 'Beacon of freedom' dims as US initiatives that promote democracy abroad wither under Trump - WV News - May 11th, 2025 [May 11th, 2025]
- 'Beacon of freedom' dims as US initiatives that promote democracy abroad wither under Trump - The Star Democrat - May 11th, 2025 [May 11th, 2025]
- 'Beacon of freedom' dims as US initiatives that promote democracy abroad wither under Trump - Caledonian Record - May 11th, 2025 [May 11th, 2025]
- How to Identify the Right Donors for Your Democracy Project - fundsforNGOs - May 11th, 2025 [May 11th, 2025]
- PPPs midnight coup leaves South Koreas democracy on the brink - Asia Times - May 11th, 2025 [May 11th, 2025]
- 'Beacon of freedom' dims as US initiatives that promote democracy abroad wither under Trump - The Derrick - May 11th, 2025 [May 11th, 2025]
- Partisan and creepy interviews are threat to democracy, Nick Robinson says - The Guardian - May 5th, 2025 [May 5th, 2025]
- Star Wars-themed democracy rally held in Irvine - FOX 11 Los Angeles - May 5th, 2025 [May 5th, 2025]
- End Times Fascism: Naomi Klein on How Trump, Musk, Far Right Dont Believe in the Future - Democracy Now! - May 5th, 2025 [May 5th, 2025]
- Australians sizzle on election day with 'democracy sausage' and 'budgy smugglers' - Reuters - May 5th, 2025 [May 5th, 2025]
- Justice Ketanji Brown Jackson Claims Criticisms Of Judges Are 'Attacks On Democracy' | Will Cain Show - Fox News - May 5th, 2025 [May 5th, 2025]
- Hundreds rally in Farmington for democracy and climate action - The Portland Press Herald - May 5th, 2025 [May 5th, 2025]
- Chilling: Wisconsin Gov. Evers Pushes Back After Trumps Border Czar Threatens to Arrest Him - Democracy Now! - May 5th, 2025 [May 5th, 2025]
- Students and faculty advocate for academic freedom at pro-democracy rally - The Stanford Daily - May 5th, 2025 [May 5th, 2025]
- Opinion | 3.5% and the Hopeful Math for Saving Democracy - Common Dreams - May 5th, 2025 [May 5th, 2025]
- In Brief with Mu Sochua, President of the Khmer Movement for Democracy - 9DashLine - May 5th, 2025 [May 5th, 2025]
- Democracy on edge: Germany labels leading AfD a 'far-right threat,' facing historic clash - Haaretz - May 5th, 2025 [May 5th, 2025]
- May Day Alaska: Rallies support workers and protest Trump, threats to democracy - Alaska Beacon - May 5th, 2025 [May 5th, 2025]
- Trumps Assault on PBS and NPR Chooses Oligarchy Over Press Freedom and Democracy - The Nation - May 5th, 2025 [May 5th, 2025]
- How Bad Is It?: Andrew Marantz on the Health of Our Democracy - The New Yorker - May 5th, 2025 [May 5th, 2025]