From former U.S. Senator Russ Feingold’s Vox post, “Voting rights are under assault nationwide. Here’s how to protect them.“:
Our democratic legitimacy will be determined by how we respond, as a country, to the growing assault on voting rights. The successful suppression of a single vote is an assault on the citizenry as a whole; it’s an attempt to shift power away from the people and to a specific elite class. We cannot stand back and rely only on our courts to challenge every new voter suppression law. This could be our generation’s civil rights moment, our 1965, and we must rise to meet it. We need a 21st century Voting Rights Act. The onus is on us to demand one, and on Congress to pass it.
…We need a new formula. And the only one that can ensure that no voter is suppressed in America is one that covers all 50 states. Any change to voting regulations in any state should have to be reviewed and precleared. There would be no targeting of specific states and counties, in the way Shelby County invalidated, nor any benchmark in history that can become outdated. The right to vote must be sacrosanct, and that means leaving no room for voter suppression anywhere.
To make a 50-state rule effective, Congress must provide the means to enforce it. It can do so by establishing an independent Office of Voting Rights. The Trump administration makes clear why independence is so essential. In just a few months, Attorney General Jeff Sessions and his DOJ have shifted to a much weaker stance towards voting rights than that taken by the Obama administration. Sessions’s DOJ, for example, reversed its position on Texas’s voter ID law, going so far as to seek dismissal of the department’s previous claim that the law was intentionally discriminatory.
…We need an office with the resources and independence to handle a 50-state caseload, regardless of the party in power. The Office of Voting Rights would exist solely to review and approve or disapprove of any proposed changes to voting rights regulations, state by state.
Feingold, who has formed a new organization, LegitAction, an organization focused on restoring legitimacy to our democracy, notes further:
There rightfully exists a high threshold for any law that subjects states to the oversight of Washington. Jim Crow met that threshold, the Supreme Court decided in the 1960s. The onslaught of voter suppression in the past four years should also be recognized as the emergency that it is — especially as the state-level efforts have been coupled with an executive branch intent on doubling down on such suppression. This extraordinary set of circumstances meets the criteria justifying oversight. Protecting voting rights — the vehicle through which the power of the people is exercised — must take precedent over the convenience and sovereignty of the states.
Feingold’s 50-state strategy sounds like a fresh approach to a critical problem facing the nation, and Democrats in particular. “Trump’s commission on “election integrity” may be just the first step in a White House-led assault on our most fundamental democratic right,” Feingold concludes. “At this precarious moment, the United States needs a 21st century Voting Rights Act. Every candidate for national office should be required to make public her or her position on this vital piece of legislation.”