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.
Ed: A lot of what’s seen in these polls just confirms their limited use at this early point, especially when the nomination hinges on something as weird as the Iowa caucuses.
The nuance that Tiparillo talks about emphasizes an oft-repeated point that seems hackneyed but also makes sense: Obama’s voters, recuited by Oprah or not, are not good bets for caucusing in Iowa, and they will likely only turn out in NH if Obama has momentum coming in. Basically Obama has the Bill Bradley voting base, and I haven’t seen much from the Obama campaign that indicates they’ll be much better than the Bradley campaign at targeting them and bringing them out to vote.
Unlike Bradley, however, Obama isn’t so naturally strong in NH that he can use it as a firewall against losing Iowa. If Obama loses Iowa, he has enough money to stay on TV until March, but it would be an ultimately vain Bradley-esque denoument.
These polls say Edwards is doing better in SC. At this stage in the campaign, this can only reflect Edwards’s recent TV buy there. Polls really echo TV buys pretty well (see the inflated Richardson numbers in IA and NH). It’s more likely that Edwards has always had a fairly entrenched but small base there, that his TV buys haven’t moved him much, and that he is buying TV in SC to maintain what he has in case he wins IA and loses NH. Maybe he bought the TV to make people think he’s confident in his internal Iowa numbers. The same dissonance with polls is possible in Nevada, which is a caucus: Even if the only people who show up are HERE members, polls will inevitably reflect a much wider universe. (Maybe most importantly, no one knows who the Nevada caucusgoers are for sure, but there probably won’t be many of them, and it may not matter who wins.) In any case, the poll only tells a small part of the story.
Even if everyone realizes the CW is overreliant on polls, they are such attractive reference points that it’s impossible to put them in realistic perspective.
Iowa has always been decided by field organization and this time will be no different. Obama has always looked like a third-place candidate in Iowa because he just doesn’t have enough precincts and his turnout strategy is oddly Howard Dean-like. Thus he has an outsized place in the narrative of this campaign.
The most crucial narrative is the Edwards vs. Hillary battle on the ground in Iowa. Hillary has the decided edge here.
Once Iowa is over, the campaign finally takes shape in time for open primaries, and polls start meaning a lot more.
Tiparillo:
I was surprised, too, though it may be a good reminder that despite Edwards’ faithful channelling of netroots rhetoric, his actual base of support is among rank-and-file union folk and/or older Democrats who aren’t likely to be that attracted to Obama. From that perspective, it’s also not surprising that Obama supporters who perceive HRC as the ultimate blast from the past would prefer Edwards in a one-to-one with Hillary.
Ed Kilgore
Wow – I have a hard time believing that the Edwards voters will break that dramtically for Clinton.
My impression from a limited sample is that Edwards voters – much like the cnadidate – are not fans of Clinton at all.
But this poll is about New Hampshire in particular so…..