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.
Where does Zogby say Bush is leading? I heard Kerry leading in all battleground. Is it a Texas thing? I looked over the site. I read on Kos that early voting favored D. Can someone find some public data?
Here are the new battleground states according to Zogby:
Four New Battleground States
Colorado – Bush 2000
Arizona – Bush 2000
North Carolina – Bush 2000
Virginia – Bush 2000
I find that surprising the positive Bush vote reports given the poll trends. NC? VA? In Play? With R incumbent? This is amazing.
And the real Big Dog is on the case – Bill Clinton in action.
Excellent news to see OH moving in Kerry’s favor. We get Ohio or Florida, and it’s a done deal. I think the seniors in Florida will break for Kerry giving us the edge their as well.
It was so hard to see the country clearly in Bush’s favor months ago, praying that people would wake up and see things for what they were. I believe deep down that most everyone believes that Bush mislead the public while he “rushed to war in Iraq”, but that they did not want to fault a United States President for something so horribly wrong. It was almost like they themselves would have to admit they were wrong and partly to blame. Now, with the debates done, people are making decisions for whatever reason they use to justify, but again, deep down, they are voting against Bush because he has lost their trust and can not be trusted as a Commander in Chief.
Look for a significant shift in the polls after this weekend. I look for one more event to effect this election, hopefully it will be a leak or something that is damaging to Bush and then it’s lights out for the Bush experiment.
Point of curiosity. In Zogby today, those who have already voted are 50-48 Bush leading. Where is the majority of early voting going on? Is this significant? Zogby stated that two things that bear watching are this figure, and the newly registered voters being overwhelmingly for Kerry, but I had just assumed that early voting would tend Democratic.
A.
I’d add to this list that SUSA shows the Bush lead at only 3% in North Carolina. Their poll from two weeks before had Bush up 7%. Maybe this is another option for an upset…
Slate gives a list of 10 states that are the tightest. 4 are Bush 2000 states, Ohio, Florida, New Hampshire, and Nevada. 6 are Gore 2000 states. Wisconsin, Iowa, New Mexico, Maine, Pennsylvania, Minnesota.
They then give 9 for possible upstates. 5 are Bush 2000 states. Colorado, Missouri, West Virginia, Virginia, and Arizona. 4 are Gore 2000 states. New Jersey, Michigan, Oregon, and Washington.
Of these last 9, all are described as safe or pretty safe to go the same way as 2000, except WV and Virginia. So…Virginia is starting to get some press. That 4% is pretty remarkable. With 13 EV’s, that would be one heckuva a big pickup. Great news.
From the SimonsWorld blog (via Andrewsullivan.com)
Interview with John Zogby, who expressed the following views on the election:
[…]
The Running
* The race is Kerry’s to lose, barring unforeseen events. If he loses, it is only his fault.
* Why? Because Bush’s numbers have not gone above 48%. Three other key polling indicators are all terrible for Bush amongst undecideds:
– Presidential job performance: 35% positive versus 60% negative
– Is the country headed in the right direction? net negative
– Does the President deserve re-election? 15% yes versus 40% no.
These numbers have always been net negative for Bush amongst undecideds. The last 3 Presidents with those numbers were Carter, Ford and Bush snr. None won.
* Another reason: undecideds tend to break for the challenger. Zogby sees them going like in Reagan in 1980, so that the margin is 2% but it is the same in each key state and it is in favour of Kerry, thus the Electoral Vote ends in a decisive victory.
* A higher turnout favours Kerry. 2000 election had 105 million voters. Anything over 107 million this time and Kerry will win.
* The youth vote: always heavily Democrat, this time the youth vote are unusually motivated and may turn out in bigger numbers than expected, tipping the race to Kerry.
* If the focus of the final two weeks is the War on Terror —> Bush wins
If the focus of the final two weeks is Iraq and/or domestic issues —> Kerry wins.
* If the result is like in 2000 there will be masses and months of litigation. Neither side will back down and it will be complete chaos, far worse than 2000.
Nader
* Nader is a spent force and irrelevant to the campaign. He does not take votes from Kerry.
* Voters for Nader would otherwise have not voted at all, so no loss to either side.
I second Greg’s comment. Why doesn’t Virginia get more attention considering the race is as close as other battlegroudn states? I’m biased, of course: I live in Virginia and I’m working to help him win Virginia. But what’s the argument over ignoring Virginia and pursuing Missouri or Colorado?,
RT
I’ve heard this before and in other elections. Evidently the kids are reflecting what they hear at home.
Kids Pick Kerry to Be the Next President (AP)
AP – Kid power! Democrat John Kerry is the winner, and the rest of the country should pay attention because the vote on Nickelodeon’s Web site has correctly chosen the president of the United States in the past four elections.
Yahoo! News | October 20, 2004, 11:01 am
Why isn’t the Virginia number getting more attention? If PA and OH are competitive swing states with similiar spreads, why not VA?
Obviously, given it’s history VA is traditionally more red, but still, I’d love to see the headline “Bush vulnerable in VA”