Opinion | How to Counter the Republican Assault on Voting Rights – The New York Times
Republican-dominated state legislatures around the country have responded to the cynical calls from Donald Trump for election reform with an array of proposals to restrict voting rights. They include limiting early-voting opportunities, constraining access to vote-by-mail and imposing more voter identification and other requirements to protect against what Mr. Trump falsely claimed to be a level of dishonesty that is not to be believed.
In Washington, congressional Democrats have rallied around H.R. 1, which has already passed in the House and would establish specific voting rules that states would be required to follow for federal elections, empowered by Congresss clear constitutional authority to make or alter state regulations governing the Times, Places and manner of holding such elections.
But as this legislation is pending, the Republican state legislative movement to burden the exercise of voting rights proceeds apace. Iowa has already done so, Georgia is poised to act shortly, and others may follow suit.
Congress should consider a targeted federal law to counter this march of these draconian state laws. And it could be designed in such a way that some Republicans would support it or find it uncomfortable to explain why they wouldnt.
This law would make clear that a state may not revise its rules to restrict voting access in federal elections in specified areas including the withdrawal of existing vote-by-mail opportunities and reductions in early voting unless it is done on a bipartisan basis.
A core objective of this legislation to protect the right to vote from partisan manipulation of the rules would be to enhance public perceptions of the fairness of the political process. With one political party unleashing a national movement to sharply limit access to the franchise, claiming contrary to fact that the presidential election it lost was corrupted by fraud, Congress is well justified in asserting its constitutional authority in federal elections and bringing a halt to it.
Nothing in this approach, targeted at the current wave of partisan state lawmaking initiatives, is inconsistent with passage of H.R. 1, which includes substantive reforms that, in addition to campaign finance and other reform measures, would strengthen voting rights and bolster election infrastructure security. And absent bipartisan support, the states should not be able to enact new restrictions on voting while Congress takes uniform federal rules in a more comprehensive package.
Critics may object that Congress cannot constitutionally commandeer the states to enact, or refrain from enacting, legislation of any kind. But the congressional power to make or alter state voting rules for federal elections is exactly what the Election Clause expressly authorizes. This power encompasses, as the Supreme Court has noted, registration, supervision of voting, protection of voters, prevention of fraud and corrupt practices, counting of votes, duties of inspectors and canvassers, and making and publication of election returns.
The states must follow the federal governments requirements for their conduct of elections for federal office, regardless of the choices they make for state and local contests, and they also bear the administrative responsibility and expense of doing so. Where the Supreme Court has applied the anti-commandeering doctrine, it has done so to stop Congress from conscripting the states into the enforcement of federal regulatory programs, as it has done in cases involving the Commerce Clause.
A bipartisanship requirement is a legitimate test of the validity of a state law affecting voting in federal elections. This is the rationale behind the requirements for politically balanced memberships that states have adopted for independent redistricting commissions. In applying a bipartisanship requirement to this proposed measure for restrictive state voting rules, Congress could, for example, provide that a state legislative rule change would have to have the support of at least a third to one-half of the second-largest party of the state legislature.
Why might or should such a law attract some Republican support? For one, after all the charges and countercharges of partisan machinations in the states in the 2020 elections, Republicans would have the opportunity to register support for bipartisan state action or to defend their opposition. Republicans may also be influenced by Republican state officials in charge of elections. For example, the Florida State Senate recently heard testimony about a proposed bill limiting the use of drop boxes and adding other limits on mail voting. Democratic and Republican supervisors of elections testified against the bill. State election law administrators among them many Republicans are very wary of these harshly restrictive measures, which complicate the voting process and, in creating the likelihood of, as one supervisor of elections said, long lines, chaos and confusion, are unpopular with Republican as well as Democratic voters.
Legislation along these lines is certain to be resisted by many Republicans and challenged in court. But Congress must defend its authority in federal elections and call out in clear terms the power play pursued by Republican state legislators. There is no reason to doubt that after the experience of 2020 and the events of Jan. 6, most Americans will respond well to a call for bipartisanship in how the states establish voting rights rules.
Bob Bauer, a former senior adviser to the Biden campaign, is a professor at New York University School of Law and a co-author of After Trump: Reconstructing the Presidency.
The Times is committed to publishing a diversity of letters to the editor. Wed like to hear what you think about this or any of our articles. Here are some tips. And heres our email: letters@nytimes.com.
Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram.
See the article here:
Opinion | How to Counter the Republican Assault on Voting Rights - The New York Times
- 'Sacred Covenant' How the Paxton divorce rocks the bruising Republican Senate primary in Texas - Fox News - July 12th, 2025 [July 12th, 2025]
- Wisconsin businessman and Navy SEAL Bill Berrien launches Republican campaign for governor - WPR - July 12th, 2025 [July 12th, 2025]
- Redrawing Texas: the Republican plan to stack the decks for the midterms - The Guardian - July 12th, 2025 [July 12th, 2025]
- After recent vetoes, it's time for DeWine to restore Republican Party | Letters - Yahoo News - July 12th, 2025 [July 12th, 2025]
- Exclusive | The Republican Strategy to Win Without Trump on the Ballot - WSJ - The Wall Street Journal - July 12th, 2025 [July 12th, 2025]
- The Big Bad Republican Bill Wasnt Regressive Enough for the Anti-Tax Crusaders - Mother Jones - July 12th, 2025 [July 12th, 2025]
- Can the National Education Association Win Over Republican Members? - Education Week - July 12th, 2025 [July 12th, 2025]
- Texas keeps getting slammed by extreme weather catastrophes, but its Republican rulers remain contemptuous of climate science - Northwest Progressive... - July 12th, 2025 [July 12th, 2025]
- Exclusive | The Republican Strategy to Win Without Trump on the Ballot - WSJ - July 10th, 2025 [July 10th, 2025]
- Another Republican enters race to succeed Andy Barr in U.S. House - Kentucky Lantern - July 10th, 2025 [July 10th, 2025]
- Republican tax and spending cut megabill expected to take billions from Oregon Health Plan - Oregon Capital Chronicle - July 10th, 2025 [July 10th, 2025]
- Up Close with Bill Ritter: Republican nominee Curtis Sliwa on race for NYC mayor; Democrats try to unite behind Zohran Mamdani - ABC7 New York - July 10th, 2025 [July 10th, 2025]
- Exclusive / Moreno set to replace Tillis on Republican whip team - Semafor - July 10th, 2025 [July 10th, 2025]
- Chairman of Randall County Republican Party arrested for election fraud - KVII - July 10th, 2025 [July 10th, 2025]
- Republican Backs Push to Repeal Part of Trump Bill Days After Voting For It - Newsweek - July 10th, 2025 [July 10th, 2025]
- Republican The View Co-Host Admits to Crying Backstage at Least Half a Dozen Times - The Daily Beast - July 10th, 2025 [July 10th, 2025]
- Wisconsin Republican compares himself to Trump as he launches his bid for governor - AP News - July 10th, 2025 [July 10th, 2025]
- Opinion | Jeff Flake: The Republican Fever Must Break - The New York Times - July 8th, 2025 [July 8th, 2025]
- Two women accuse Republican state lawmaker of making unwanted sexual advances. He denies the allegations. - The Colorado Sun - July 8th, 2025 [July 8th, 2025]
- 1988: A year that echoes in Georgia Republican politics to this day - SaportaReport - July 8th, 2025 [July 8th, 2025]
- Manassas Republican Party Headquarters vandalized over July 4 weekend - Washington Times - July 8th, 2025 [July 8th, 2025]
- Republican House leader Windschitl announces campaign for Congress in western Iowa - thegazette.com - July 8th, 2025 [July 8th, 2025]
- Public Safety Should Trump Politics; The High Cost of Republican Posturing - Progress Texas - July 8th, 2025 [July 8th, 2025]
- Georgia Republican says grandchildren are safe after being at Texas summer camp that flooded - The Hill - July 8th, 2025 [July 8th, 2025]
- Two women accuse Republican State Representative of inappropriate sexual behavior - KUSA.com - July 8th, 2025 [July 8th, 2025]
- New York Times columnist admits that Trump is a 'normie Republican' - Fox News - July 8th, 2025 [July 8th, 2025]
- E&E News: Energy winners and losers in the Republican megabill - POLITICO Pro - July 8th, 2025 [July 8th, 2025]
- Completely beatable: Dems go on offensive over unpopular Republican budget - MSNBC News - July 6th, 2025 [July 6th, 2025]
- Rep. Mark Green resigns from Congress, leaving Speaker Johnson with an even narrower Republican majority in the House - CNBC - July 6th, 2025 [July 6th, 2025]
- A swing-district Republican on why he supports Trump's sweeping policy bill : Here & Now Anytime - NPR - July 6th, 2025 [July 6th, 2025]
- Trumps climate research cuts are unpopular, even with Republican voters - Yale Climate Connections - July 6th, 2025 [July 6th, 2025]
- Energy winners and losers in the Republican megabill - E&E News by POLITICO - July 6th, 2025 [July 6th, 2025]
- Tax Cuts Now, Benefit Cuts Later: The Timeline in the Republican Megabill - The New York Times - July 6th, 2025 [July 6th, 2025]
- Opinion | An Immoral and Cruel Republican Bill - The New York Times - July 6th, 2025 [July 6th, 2025]
- No One Loves the Bill (Almost) Every Republican Voted For - The Atlantic - July 4th, 2025 [July 4th, 2025]
- Truth to Power: A Republican Senator Stands Up for Medicaid and His Constituents; Then Announces Retirement - Georgetown University - July 4th, 2025 [July 4th, 2025]
- 9 Questions About the Republican Megabill, Answered - The New York Times - July 4th, 2025 [July 4th, 2025]
- This Pennsylvania Republican withstood pressure on the megabill. Heres why. - Politico - July 4th, 2025 [July 4th, 2025]
- Wisconsin Republican Deletes Post That Appeared To Celebrate Millions Of People Losing Health Insurance - Yahoo - July 4th, 2025 [July 4th, 2025]
- Republican Bill Puts Nation on New, More Perilous Fiscal Path - The New York Times - July 4th, 2025 [July 4th, 2025]
- Trump says the Republican mega bill will eliminate taxes on Social Security. It does not - PBS - July 4th, 2025 [July 4th, 2025]
- Republican Bill Will Raise Costs, Poverty, and Hunger, Take Health Coverage Away From Millions - Center on Budget and Policy Priorities - July 4th, 2025 [July 4th, 2025]
- Republican voters on Trumps sweeping tax-and-spend legislation: This bill is a no-brainer! - The Guardian - July 4th, 2025 [July 4th, 2025]
- These are the Republican votes to watch on the Trump megabill - The Hill - July 4th, 2025 [July 4th, 2025]
- Trump Meets With House Republican Holdouts to Press for Policy Bill - The New York Times - July 4th, 2025 [July 4th, 2025]
- How the Republican spending bill super-charges immigration enforcement - Reuters - July 4th, 2025 [July 4th, 2025]
- House Should Reject Senate Republican Bill That Is Even Worse Than Already Harmful House Version in Important Ways - Center on Budget and Policy... - July 2nd, 2025 [July 2nd, 2025]
- Trump Tax Bill Hits Republican Resistance in House Ahead of Vote - Bloomberg - July 2nd, 2025 [July 2nd, 2025]
- The Republican senators who voted against Trump's "big, beautiful bill" - Axios - July 2nd, 2025 [July 2nd, 2025]
- By the Numbers: Senate Republican Leaderships Reconciliation Bill Takes Food Assistance Away From Millions of People - Center on Budget and Policy... - July 2nd, 2025 [July 2nd, 2025]
- Which Republican senators voted against Trump's agenda bill and why - ABC News - Breaking News, Latest News and Videos - July 2nd, 2025 [July 2nd, 2025]
- State of Colorado says Republican budget bill will cut billions in federal funding for Medicaid in the state - CBS News - July 2nd, 2025 [July 2nd, 2025]
- Republican Senator Tells House Not To Vote on Bill She Just Voted For - Newsweek - July 2nd, 2025 [July 2nd, 2025]
- Here Are the Republican Senators Who May Revolt on Trumps Bill - The New York Times - July 2nd, 2025 [July 2nd, 2025]
- Opinion | The Republican Policy Bill Will Cripple Obamacare - The New York Times - July 2nd, 2025 [July 2nd, 2025]
- House Republican files amendment to revert Trump-endorsed 'big, beautiful bill' back to initial House version - Fox News - July 2nd, 2025 [July 2nd, 2025]
- Republican budget leaders moving forward a plan to close the aging Green Bay prison - Milwaukee Journal Sentinel - July 2nd, 2025 [July 2nd, 2025]
- RFK Jr. is bringing psychedelics to the Republican Party - Politico - June 29th, 2025 [June 29th, 2025]
- Republican Sen. Thom Tillis will not seek reelection next year after Trump attacks - NPR - June 29th, 2025 [June 29th, 2025]
- Following Trump attacks, Republican Senator Tillis bows out of 2026 reelection race - Reuters - June 29th, 2025 [June 29th, 2025]
- Republican North Carolina Sen. Tillis wont seek reelection after opposing Trumps bill - PBS - June 29th, 2025 [June 29th, 2025]
- Republican Sen. Thom Tillis of North Carolina wont run in 2026 after opposing Trumps bill - AP News - June 29th, 2025 [June 29th, 2025]
- Sanders Leads Republican Governors to Call on Congress to Remove AI Regulatory Moratorium from One, Big, Beautiful Bill - Arkansas Governor - Sarah... - June 29th, 2025 [June 29th, 2025]
- House Republican Don Bacon, a Trump critic, will not seek reelection - media - Reuters - June 29th, 2025 [June 29th, 2025]
- Exclusive | One NY Republican opens massive lead in possible primary to face Gov. Kathy Hochul: poll - New York Post - June 29th, 2025 [June 29th, 2025]
- Republican Sen. Thom Tillis of North Carolina won't seek reelection after opposing Trump's bill - WCCB Charlotte - June 29th, 2025 [June 29th, 2025]
- Nebraska Republican Don Bacon will not seek re-election to Congress - NBC News - June 28th, 2025 [June 28th, 2025]
- Democratic and Republican Parties Hold Nominating Events This Week for Sept. 9 Special Election - Fairfax County (.gov) - June 28th, 2025 [June 28th, 2025]
- Vulgar and threatening graffiti painted on Huntsville business ahead of Republican congresswomans visit - WAFF - June 28th, 2025 [June 28th, 2025]
- Centrist Republican Rep. Don Bacon of Nebraska won't seek reelection - ABC News - Breaking News, Latest News and Videos - June 28th, 2025 [June 28th, 2025]
- A Running List of Policies Rejected From the Republican Megabill - The New York Times - June 28th, 2025 [June 28th, 2025]
- Trumps Bill Slashes the Safety Net That Many Republican Voters Rely on - The New York Times - June 28th, 2025 [June 28th, 2025]
- Republican plans to overhaul Medicaid are already shaking up the 2026 midterms - CNN - June 28th, 2025 [June 28th, 2025]
- The Senate Republican Tax Plan: Officially Worse than the House Republican Tax Plan - Senate Committee on Finance (.gov) - June 28th, 2025 [June 28th, 2025]
- Texas Republican State Representative discusses why he opposed the THC ban, criticizes the state bud - CBS News - June 28th, 2025 [June 28th, 2025]
- Republican Says 'Most' of Iran's Uranium Is Still There - Newsweek - June 28th, 2025 [June 28th, 2025]
- Fewer Democrats Are Taking the Bait on Republican Immigration Votes - NOTUS - June 28th, 2025 [June 28th, 2025]
- US Republican senators push back on Trump cuts to foreign aid and public media - Reuters - June 28th, 2025 [June 28th, 2025]
- Republican introduces amendment to end birthright citizenship once and for all - Fox News - June 28th, 2025 [June 28th, 2025]
- Centrist Republican Rep. Don Bacon of Nebraska won't seek reelection - Yahoo - June 28th, 2025 [June 28th, 2025]