April 9: Democrats Have a Clear National Position on Voting Rights. Republicans? Not So Much.
Some of the contradictions in Republican talking points on election law and voting rights are becoming clear to me, so I wrote about it at New York:
During the intense controversy raised by Georgia’s new election law, which included a negative reaction from Major League Baseball and a number of corporations, many defenders of the law have played a game of whataboutism. What about voting laws in Colorado, the state to which the MLB’s all-star game has been shifted? What about liberal New York? A lot of these comparisons have been factually challenged, or have zeroed in on one benign feature of the Georgia law while ignoring others. But it does raise a pretty important question: What is the posture nationally of the GOP or the conservative movement on the right to vote and its limits?
Not long ago you might have said that Republicans and conservatives were firmly committed to the view that rules governing voting and elections —even federal elections — were purely within the purview of state and local policy-makers. But that was before Donald Trump spent four years disparaging the decisions made by liberal and conservative jurisdictions on voting procedures whenever they contradicted his often-erratic but always forcefully expressed views. If, for example, voting by mail was as inherently pernicious as Trump said it was, almost daily from the spring through the autumn of 2020, allowing states to permit it was a Bad Thing, right? That simply added to the complaints made by Trump after the 2016 elections that California’s alleged openness to voting by noncitizens cost him a popular vote win over Hillary Clinton, and the widespread Republican whining after 2018 that the same jurisdiction had counted out Republican congressional candidates (whining that somehow subsided when Republicans did better in the exact same districts following the exact same rules in 2020).
And that was before Team Trump and his many Republican enablers spent the weeks and months after November 3, 2020, shrieking about state and local election procedures around the country, culminating in efforts to get the U.S. Supreme Court to
overrule state court interpretations of state election laws. Indeed, since Trump, his congressional Republican backers, and the Capitol riot mob were trying to block the certification of state election results by Congress on January 6, you could say that a major segment of the GOP wanted the federal government to impose its will on the states with respect to voting and elections.
And if the prevailing conservative idea is that decision-makers closest to the people should determine voting and election rules, then it’s hard to explain the provisions in the Georgia law (and in pending legislation in Texas) that preempt local government prerogatives decisively.
So what doctrine of voting rights does the GOP favor, other than whatever is necessary to produce Republican election victories? That’s hard to say.
Yes, at the Heritage Foundation you will find experts who more or less think everything other than in-person voting on Election Day should be banned everywhere. And now and then you will get someone like Kevin Williamson who will articulate the provocative old-school conservative case for restricting the franchise to “better” voters, which was pretty much the ostensible case for the poll taxes and literacy tests of the Jim Crow South. Unfortunately, snooty contrarianism isn’t a particularly helpful guide to the development of voting laws, and most Republicans (other than those caught in a gaffe) are unlikely to agree out loud with the Williamson proposition.
Until quite recently, most Republicans agreed that the jurisdictions that had for so many years discriminated against the voting rights of minorities deserved extra federal scrutiny and some additional hoops to jump through before changing their rules. In 2006, George W. Bush signed a 25-year extension of the Voting Rights Act that did just that, after it passed the Senate unanimously and the House with scattered opposition. Then a conservative majority of the U.S. Supreme Court struck down a key feature of the VRA, and now it’s almost exclusively Democrats (via the John Lewis Voting Rights Act) who want to restore it. Where are Republicans on that idea? With the states and localities, or just with the states and localities where federal intervention in voting and election practices doesn’t inconvenience Republicans?
Whatever you think of Democratic attitudes toward voting and elections, at least they can answer such questions coherently. They have united to an amazing extent around highly detailed legislation (the House and Senate versions of the For the People Act and the aforementioned John Lewis Act) that generally expands voting rights and sets clear federal standards for procedures in and surrounding federal elections. The Republican response to these proposals has been almost universally negative. But it’s unclear what, if anything, they would propose of their own accord.
If the implicit GOP position on voting and elections is simply that such rules are part of the give and take of partisan politics and that both sides are free to play fast and loose with the facts and get what advantages they can, then I can understand why they are loathe to make it explicit. But in that case, people who care about voting rights one way or the other should simply choose sides and have it out.
Andrew Sullivan is gloating about this FoxNews poll which claims Kerry is trailing “Shrub” in the battleground states by 37% – 43%
http://www.foxnews.com/story/0,2933,120492,00.html
Ruy doesn’t normally comment on reader feedback, but I would appreciate his views on this subject.
MARCU$
I’m just finishing a trip to southern Arizona. While Tucson and the southwest corner of AZ are the most Democratic parts of the state, I’m encouraged by some of the conversations I had with Democrats and Republicans.
A few things to note:
* McCain swallowed his pride in ’00 and supported Bush. But in ’04 many Republicans here are not happy about the treatment that McCain has received from the Rovians. That could turn into a backlash.
* I talked with several Republicans who were disillusioned with the war. These would probably fall into the group of voters who sit out the election.
* For what it’s worth, many of the MPs in the Abu Ghraib scandal were trained in southern AZ and people here aren’t happy about that. My guess is that there’s some defensiveness and embarrassment, but over time it will be an even worse issue for Bush here.
I’m pretty optimistic about AZ.
–Dan
I think his analysis of Ohio has missed one point. As chronicled in the NY Times magazine article (The Multilevel Marketing of the President), the president’s campaign committee has a massive GOTV operation going on here. This operation is targeting the exurbs that Gersh mentions as susceptable to GOTV efforts.
The moribund Ohio Dem party has no chance of mounting an effort to counterbalance this in the urban areas much less in the rural southeast. Kerry’s campaign HQ in Columbus wasn’t fully staffed as of a month ago (I don’t know about now.)
Statewide polls continue to show Ohio to be tight. The election here will almost certainly be decided by turnout. On this score, Bush’s GOTV efforts could neutralize his negative poll numbers here.
Shorter version: Kerry needs to get off his arse and organize Ohio.
Mr. Gersh’s article also seems a pretty dated in one respect. He says Bush’s approval rating hovers around 50 percent. In the last several weeks, his approval rating has ranged from 42-48 percent; that’s not “around 50 percent.” BTW, the only poll that shows Bush’s approval higher than 46 percent is Fox, which has it at 48.
I agree with Patrick. Illinois is among the ten states most likely to go Democratic in November. So are California and New Jersey, recent outlier polls to the contrary notwithstanding. Various organizations including Gallup and Faux News have identified a group of 15 to 17 battleground states. Illinois, California, and New Jersey are not on any of their lists. I can’t believe that Bush will put resources into any of them.
The most contentious thing I saw in that article was labeling IL as a “leaner.”
If you look at the primaries this year, the election results in 2000 and 2002, IL is as much a gimme as most of New England when it comes to state-wide elections.