The American Democracy Minute Radio Report & Podcast for Oct. 3, 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 report on court challenges to undated or misdated mail-in ballots in Pennsylvania mentioned the “Materiality Provision” of the 1964 Civil Rights Act.  Just what is the Materiality Provision, and how can it help protect voters?

In question are ballot envelopes from otherwise eligible voters, received on time and correct except for a missing or incorrect date on the outer envelope.  Pennsylvania’s election law invalidates those ballots, and as many as 10,000 voters were affected in 2022.

The materiality provision, part of the 1964 Civil Rights Act’s Title 1, was designed to keep racist election officials from rejecting voter registrations for minor mistakes – used as a voter suppression tactic throughout the South.  For instance, White voters were given assistance and alerted to mistakes, while Black voters were disenfranchised for a simple spelling error.    

For years, federal courts found that Title 1 applies to the whole voting process, and ruled that missing dates, envelopes, and postmarks are “immaterial” to the validity of the ballot. Only recently have Supreme Court Justice Samuel Alito and other Conservative judges argued that it should apply ONLY to registration, and overturned such appeals.  

If a voter does everything else right, but makes a trivial mistake, shouldn’t we make every effort to honor the intent of the voter?  The ACLU’s high court appeal may answer that question.

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

Today’s Links

Articles & Resources:

Congressional Research Service – The Civil Rights Act of 1964: Eleven Titles at a Glance
Fordham Law Voting Rights and Democracy Forum – Helen L. Brewer – Title I of the Civil Rights Act in Contemporary Voting Rights
Litigation
Protect Democracy – The Constitutionality of the Materiality Provision of the Civil Rights Act of 1964 and the Voting Rights Act of 1965
Democracy Docket – Pennsylvania Orgs Ask SCOTUS To Decide if Rejecting Mail-in Ballots for Date Errors Violates Civil Rights Act
Campaign Legal Center – (2018) CLC Argument Used in Georgia Absentee Ballot Cases
Democracy Docket – This Civil Rights Provision Protects Your Vote from Simple Mistakes

Groups Taking Action:

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

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
  
  

Please follow us on Facebook and Twitter and SHARE!  

Find all of our reports at AmericanDemocracyMinute.org

Want ADM sent to your email?  Sign up here!

Are you a radio station?  Find our broadcast files at Pacifica Radio Network’s Audioport and PRX

#Democracy  #DemocracyNews #VoterSuppression #CivilRightsAct #Pennsylvania #SCOTUS

The post What is the ‘Materiality Provision’ of the 1964 Civil Rights Act, and How Can it Help Protect Voters? appeared first on American Democracy Minute.

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

Today’s Script

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

In May, the U.S. Supreme Court upheld a racially gerrymandered South Carolina Congressional district and made future racial gerrymandering cases more difficult.  July 29th, pro-voter groups filed a state suit, claiming the gerrymander violated the state constitutional provision to an “equal right to elect officers.”  

In 2019, the U.S. Supreme Court decided that partisan gerrymandering was a matter for states to decide, but racial gerrymandering could still be challenged under the Voting Rights Act.  The South Carolina NAACP sued when 30,000 Black voters were moved to a more White district, diluting their voting power and creating a White Republican majority district.   

The South Carolina legislature claimed it did so for partisan, not racial, reasons. The U.S. Supreme Court not only allowed the racially gerrymandered district, but raised the bar for proving future racial gerrymandering cases.  The NAACP withdrew further challenges on July 26th.   

July 29th, the ACLU and the League of Women Voters asked the South Carolina Supreme Court to rule on the state constitutionality of the same Congressional District, citing Article 1, Section 5.   Lynn Teague of the South Carolina League of Women Voters said in a statement, “South Carolina’s Constitution protects its citizens’ right to exercise equal influence over our elections.  We are asking the court to establish redistricting standards consistent with our Constitution.”

We have a link to the case at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:
U.S. Supreme Court – Opinion & Dissent in Alexander v. South Carolina Conference of the NAACP

American Democracy Minute – U.S. Supreme Court Finds South Carolina Gerrymandering Case ‘Bleaching’ Congressional District Not Racially Motivated
Democracy Docket – Nearly Three-Year Legal Battle Over South Carolina’s Congressional Map Comes to an End, Unfair Districts Remain in Place
ACLU & League of Women Voters SC – ACLU and LWV File Lawsuit Against Partisan Gerrymandering of South Carolina’s Congressional Districts

ACLU & League of Women Voters SC  –  Complaint for League of Women Voters of South Carolina v. Thomas Alexander
Justia Law – South Carolina Constitution Article 1, Section 5

Groups Taking Action:
South Carolina Conference of the NAACP, ACLU South Carolina, League of Women Voters SC

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

Please follow us on Facebook and Twitter and SHARE!  

Find all of our reports at AmericanDemocracyMinute.org

Want ADM sent to your email?  Sign up here!

Are you a radio station?  Find our broadcast files at Pacifica Radio Network’s Audioport and PRX

#Democracy  #DemocracyNews #SouthCarolinaNews #FairMaps #VotingRights

The post The End of One South Carolina Gerrymandering Lawsuit and the Beginning of Another, as the Fight for Fair Maps Continues appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for Aug. 17, 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.

While we’ve been reading indictments, there have been three developments in the last week which may impact gerrymandered Congressional maps in Alabama, Florida and Wisconsin.  

August 14th, the State of Alabama was back in federal court, defending its new Congressional district maps in apparent defiance of the U.S. Supreme Court’s order to create two majority minority districts. The map includes one district which is a BARELY a Black majority at 50.65%, and another at only 40%.  The Associated Press reports that the three federal circuit court justices seemed skeptical of the state’s claims. The court could appoint a special master to draw the maps as directed by the U.S. Supreme Court.

In Florida, a pre-trial agreement may result in the return of a majority-Black district in north Florida eliminated by Governor Ron DeSantis.  DeSantis vetoed a legislature-drawn map and inserted his own, claiming there was no longer a need for majority-minority districts in Florida.  His districts diluted Black voting power, according to Democracy and civil rights groups.

Wisconsin Supreme Court Justice Janet Protasiewicz, on the job since only August 1st, is already being threatened with being impeached. Protasiewicz voiced concern over Wisconsin’s badly gerrymandered voting districts during her campaign.  Assembly Speaker Robin Voss threatens to impeach her unless she recuses herself from redistricting cases.  Two cases challenging the constitutionality of the state’s voting maps were filed earlier this month.

We have more at AmericanDemocracyMinute.org.  I’m Brian Beihl. 

Today’s Links

Articles & Resources:
NPR – Alabama lost a voting rights case at the Supreme Court. It’s still trying to win
Associated Press – Federal judges question Alabama’s new congressional map, lack of 2nd majority-Black district
Democracy Docket – New Agreement Renews Potential for Black-Performing Florida Congressional District
WCJB – North Florida congressional district challenge to be expedited to Supreme Court
Insider – A North Florida congressional district that was held by a Black Democrat before it was dismantled by Ron DeSantis could be restored in 2024 under a new agreement
Wisconsin State Journal – Liberal Janet Protasiewicz vows fairness as Wisconsin Supreme Court term begins
Wisconsin Examiner – Lawsuit against legislative maps filed at Wisconsin Supreme Court
Wisconsin Examiner – Vos says Republicans may consider impeaching Protasiewicz over redistricting comments

Groups Taking Action:
NAACP Legal Defense Fund, Campaign Legal Center, Black Voters Matter, Equal Ground, Florida Rising,  League of Women Voters of Florida, Fair Maps Wisconsin Coalition, Common Cause WI, League of Women Voters WI

Please follow us on Facebook and Twitter and SHARE! 
Find all of our reports at AmericanDemocracyMinute.org
Want ADM sent to your email?  Sign up here!
#Democracy  #DemocracyNews #FairMaps #WisconsinPolitics #AllenvMilligan #FloridaPolitics

The post Developments in the Fight for Fair Voting District Maps in Alabama, Florida and Wisconsin appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for July 18, 2023

Today’s Script

(Variations occur with audio due to editing for time) 

Today’s Links now below the script

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

Thursday, a New York state appeals court ordered a redrawing of the state’s Congressional districts.  The next day, the U.S. Supreme Court set a date for a South Carolina case which could greenlight MORE gerrymandering. 

In 2022, New York’s independent redistricting commission couldn’t reach an agreement on new maps, and a Democratic legislature gerrymandered maps favoring Democrats.  Republicans appealed and the Democratic maps were thrown out in March 2023, replaced by maps drawn by a county judge which ended up favoring Republicans in the midterm election.  

Democracy Docket reports that a five judge panel found the independent redistricting commission had submitted only one of the two proposals mandated before the lower court judge preempted its work.   While the appeals court ruled the independent commission should submit new maps, the decision is expected to be challenged again in New York’s highest court before the 2024 election.

The U.S. Supreme Court has announced a date of October 11th, 2023 for Alexander v. the South Carolina NAACP.  This closely-watched case has elements of both racial gerrymandering, which the court ruled against in the Milligan decision, and partisan gerrymandering, to which the U.S. Supreme Court has turned a blind eye since 2019.   It could provide legal cover for future manipulation of voting district maps.

We have more on each of the cases at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:
NPR – (2022) New York’s top court rejects congressional maps drawn by Democrats
Democracy Docket – New York Court Orders Redraw of Congressional Map. How Did We Get Here?
Politico – Mid-level court hands Democrats victory in New York redistricting case

State of New York Supreme Court, Appellate Division – Decision in HOFFMANN v. NEW YORK STATE INDEPENDENT REDISTRICTING COMMISSION

Groups Taking Action:
Brennan Center for Justice, Common Cause NY, Campaign Legal Center

Please follow us on Facebook and Twitter and SHARE!  

Find all of our reports at AmericanDemocracyMinute.org

Get ADM Radio Report email!  Sign up here!

#Democracy  #DemocracyNews #FairMaps #NYPolitics

The post New York Court Sends Congressional Redistricting Map Back to Independent Commission; SCOTUS Sets Date to Consider South Carolina Congressional Map appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for June 26, 2023

Today’s Script

(Variations occur with audio due to editing for time) 

Today’s Links now below the script

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

June 25th, 2023 was the tenth anniversary of Shelby County v. Holder, a U.S. Supreme Court decision gutting a key provision of the Voting Rights Act.  What was this decision about, and how has it contributed to the erosion of our democracy? 

Decades of systemic racist voter suppression and violence spurred passage of the 1965 Voting Rights Act, outlawing discrimination in voting on the basis of race and enforcing the 15th Amendment.

Section 5 of the VRA created “pre-clearance” requirements for states, counties or municipalities with a history of voter discrimination. It required them to clear any new election rules with the U.S. Justice Department.  

But in 2012, Shelby County, Alabama argued to the U.S. Supreme Court that Section 5 was unconstitutional.  Instead, the court ruled that the formula used to apply pre-clearance was outdated, and asked Congress for an update.  Congress hasn’t acted, so Section 5 has been unenforceable since 2013.

The decision greenlighted a resurgence of voter suppression bills in conservative-leaning states with large Black or Hispanic populations.  Among the shady tactics employed are reductions in polling places, removal of drop boxes, shortening of early voting, attempting to stop voter registration drives, narrowing voter ID options, and even preventing the handing out food and water to voters forced to wait in long lines.   All making it harder for our fellow Americans to vote. 

We have details on the Shelby v. Holder decision at AmericanDemocracyMinute.org. I’m Brian Beihl.

Today’s Links

Articles & Resources:
U.S. Justice Department – About Section 5 Of The Voting Rights Act
U.S. Justice Department – List of States, Counties & Cities Subject to Pre-Clearance as of 2013
U.S. Justice Department – The Shelby County Decision
NAACP Legal Defense Fund – HOW SHELBY COUNTY V. HOLDER  BROKE DEMOCRACY
Democracy Docket –  The Voting Rights Act: How We Got Here
Brennan Center for Justice – Shelby County v. Holder
Center for Public Integrity – ‘What the court misunderstood is just how fragile our democracy is’

Groups Taking Action:
NAACP Legal Defense Fund, Campaign Legal Center, MALDEF, Native American Rights Fund, Asian American Pacific Islanders Vote, ACLU Alabama

Please follow us on Facebook and Twitter and SHARE!  

Find all of our reports at AmericanDemocracyMinute.org

Get ADM Radio Report email!  Sign up here!

#Democracy  #DemocracyNews #VotingRights #VoterSuppression #ShelbyvHolder

The post How the 2013 Shelby County v. Holder Decision Re-Opened the Door to State Voter Suppression Legislation appeared first on American Democracy Minute.