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freedom to vote act
2024 Trifecta Imperative to Win Key Democracy Reforms
We must repair and revitalize the rules of our democracy in order to reflect our democratic values, to ensure the opportunity for every eligible citizen to vote, and to protect against political money corruption of our democracy.
Sep 06, 2024
On January 5, 2021, two Democrats won Senate runoff elections in Georgia. This flipped the Senate and resulted in an unexpected “trifecta”—Democratic control of the White House, the House, and the Senate.
Could a trifecta happen again in 2025?
The odds currently are against it, primarily because of the Senate races.
But if Democrats win the presidency, a trifecta is possible and, if that happens, historic democracy reforms that nearly passed in the last Congress would be on the doorstep for quick passage in 2025.
Whether the Democrats obtain a trifecta in November is in the hands of the voters, and possibly the courts if Trump refuses to accept the election results as he did in 2020.
The presidential race is currently close, with U.S. Vice President Kamala Harris inching ahead of former President Donald Trump in recent polls.
A Harris victory could provide down-ballot support, especially in key House races, including races in California and New York. Democrats need to pick up just four seats to flip the House.
Holding the Democrats’ two-vote majority in the Senate, which includes four Independents who caucus with them, is much more difficult—but not impossible.
Of the 34 Senate seats up for election in November, 23 are currently held by 19 Democrats and the four Independents, and just 11 by Republicans.
Senate Democrats and Independents currently hold a 51-49 edge over Republicans.
It’s widely expected that Democrats will lose the seat currently held by retiring Sen. Joe Manchin (I-W.Va.). To maintain control of the Senate, Democrats would need to hold all of their remaining seats that are up this year, along with a Harris win to preserve the vice president’s tie-breaking vote.
Democrats and Independents running for reelection generally are polling ahead of their challengers, except for Sen. John Tester in Montana, who currently trails Republican businessman Tim Sheehy.
There are two crosscurrents at work in the Senate races, which include a handful of Democratic incumbents running in red and purple states.
On the one hand, ticket-splitting for President and Congress has become increasingly rare, and there are Democratic Senators seeking reelection in Ohio and Montana, states where Trump is expected to win easily.
On the other hand, incumbents typically enjoy an edge. In 2022, all 29 Senate incumbents won reelection. In 2020, 84% of Senate incumbents won.
The Democratic trifecta in 2021 resulted in Congress coming close to passing historic democracy reforms dealing with voting rights, money in politics, partisan gerrymandering, and other core reform issues.
If Democrats beat the odds and obtain a trifecta in November, Congress is expected to move quickly to pass the democracy reform measures.
In 2021, after the House passed early versions of the Freedom to Vote Act and the John R. Lewis Voting Rights Advancement Act, Senate Democrats failed by just two votes to pass an exception to the filibuster rule that would have allowed the democracy reform legislation to pass the Senate with a simple majority and go to President Joe Biden for his signature.
Ironically, the two Democrats who voted against the filibuster rule exception, Sens. Manchin and Arizona’s Kyrsten Sinema, voted just weeks earlier for an exception to the filibuster rule in order to pass an increase in the debt ceiling. And both senators were supporters of the democracy reform legislation.
But for these two Senators opposing the filibuster exception, historic democracy reforms would be protecting our democracy and our elections today.
Both Manchin and Sinema are retiring this year.
Senate Majority Leader Chuck Schumer (D-N.Y.) recently said, “One of the first things I want to do, should we have the presidency and keep the majority, is change the [filibuster] rules and enact both the Freedom to Vote Act and the John Lewis Act.” Schumer said the Democrats will have the votes needed to “change the rules,” should Democrats keep control of the Senate.
“This is vital to democracy,” Schumer said, “This is not just another extraneous issue. This is the wellspring of it all.”
House Democratic Leader Hakeem Jeffries (D-N.Y.) also has indicated that the two democracy reform bills would be an early House priority if Democrats flip the House. Indicating its top priority status, Jeffries assigned H.R. 11 to the Freedom to Vote Act in this Congress, the lowest number he, as House Minority Leader, could give to a bill.
Vice President Harris is a longtime supporter of these core democracy measures. At last month’s Democratic convention, Harris said in her acceptance speech: “[T]he freedom that unlocks all the others [is] the freedom to vote. With this election, we finally have the opportunity to pass the John Lewis Voting Rights Act and the Freedom to Vote Act.”
For decades, there has been bipartisan leadership and support for numerous democracy reforms. They include the Watergate reforms of the 1970s; the Voting Rights Act of 1965 and its regular reauthorizations and amendments in 1970, 1975, 1982, 1992, and 2006; and the Bipartisan Campaign Reform Act of 2002.
Since the Supreme Court’s Citizen United decision in 2010, however, congressional Republicans have almost unanimously opposed democracy reforms, leaving Democrats to support them alone.
Polls have shown these democracy reforms have strong public support among both Democrats and Republicans.
The Freedom to Vote Act would be the most comprehensive pro-democracy law enacted in decades. It would:
>> Reverse voter suppression laws that have flooded red states since the 2020 presidential election, using as justification Trump’s continuing false claim that the 2020 election was stolen from him.
- Increase access to the ballot, including early voting requirements in all states for federal elections.
- Require each state to provide for no-excuse vote by mail.
- Provide for accessible voting by individuals with disabilities.
- Provide for automatic voter registration.
- Establish nonpartisan standards to prevent extreme partisan gerrymandering.
- End secret “dark money” contributions from being spent in federal elections.
- Establish a voluntary system of matching small donations with public funds, but not taxpayer funds, for House races.
- Strengthen enforcement of federal campaign finance laws.
The John R. Lewis Voting Rights Advancement Act would strengthen the legal protections against discriminatory voting policies and practices by restoring the Voting Rights Act of 1965 and repairing the damage done by recent Supreme Court decisions. It would:
- Revitalize the Voting Right Act’s preclearance provisions, after the Supreme Court gutted these rules, to require preclearance for new voting laws in certain states and localities to ensure they are not discriminatory.
- Provide a new way for determining which states and localities are covered by the preclearance provisions.
- Repair Section 2 of the Voting Rights Act, also gutted by the Supreme Court, to allow voters to sue to block voting rules that are discriminatory or will create discriminatory results.
- Provide an expedited means for covered states to “bail out” of coverage to be released from the preclearance requirement if they have not engaged in discriminatory behavior for a specified period of time.
Whether the Democrats obtain a trifecta in November is in the hands of the voters, and possibly the courts if Trump refuses to accept the election results as he did in 2020.
But one thing is clear—we must repair and revitalize the rules of our democracy in order to reflect our democratic values, to ensure the opportunity for every eligible citizen to vote, and to protect against political money corruption of our democracy.
This begins with the enactment of the two historic democracy reform bills, the Freedom to Vote Act and the John R. Lewis Voting Rights Advancement Act.
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'The Right to Vote Is Under Attack' as House Republicans Pass SAVE Act
"Republicans want to throw up barriers because when people vote, they lose," said Congresswoman Summer Lee.
Jul 10, 2024
Democracy defenders on Wednesday said House Republicans' passage of a bill that would require proof of U.S. citizenship to vote in federal elections is an attack on voting rights that underscores the need to pass comprehensive legislation to protect ballot access for all.
House lawmakers voted 221-198 in favor of the Safeguard American Voter Eligibility (SAVE) Act, introduced by Rep. Chip Roy (R-Texas). Every Republican present voted for the bill; all but five House Democrats rejected it.
Republicans claim the bill is meant to fix the virtually nonexistent "problem" of noncitizen voter fraud. Critics accused GOP lawmakers of ulterior motives.
"When we say that the right to vote is under attack, we're not talking about hypotheticals. It is under attack right here, right now with this bill," Rep. Summer Lee (D-Pa.) said on the House floor before Wednesday's vote. "Republicans want to throw up barriers because when people vote, they lose."
"Let me be clear: They don't want you to vote," Lee added. "They don't want to hear Black voices, brown voices, LBGTQIA+ voices, young voices. Our fundamental access to our democracy is being politicized. And this xenophobic attack that we're debating today will make it harder for Americans to vote."
Lee highlighted her recently introduced Right to Vote Act, "which would establish the first-ever affirmative federal voting rights guarantee, ensuring every citizen may exercise their fundamental right to cast a ballot."
"This bill would enshrine people's right to vote and prohibit governments on all levels from restricting that right with bills like this one," she explained. "This bill is part of the Democrats' Freedom to Vote Act. And along with the John Lewis Voting Rights Advancement Act, these are the types of bills we should be bringing to the floor, not this nonsense."
Referring to presumptive Republican presidential nominee and former President Donald Trump's 2020 conspiracy theory, Jonah Minkoff-Zern, co-director of the democracy campaign at the consumer advocacy group Public Citizen, said in a statement that "The SAVE Act is the Big Lie in legislative form."
Calling out the House speaker, a Louisiana Republican, Minkoff-Zern stressed that "extremist members of Congress like Mike Johnson are acting in bad faith to stop people from voting. The xenophobic election claims that underpin this bill are not based on factual evidence," he continued.
"If Congress is serious about protecting democracy, it will immediately prioritize the Freedom to Vote Act and John R. Lewis Voting Rights Act—as well as the Native American Voting Rights Act and [District of Columbia] Statehood—which would ensure that the voices and votes of all voters are heard in our elections," he added. "Next week, people will join more than 80 events around the country to honor the legacy of Rep. John Lewis [D-Ga.] by demanding action on these bills."
In a Tuesday
piece referring to the far-right conspiracy theory that global elites are intentionally driving the demographic demise of nonwhite people in Western nations, Washington Post columnist Phillip Bump called the SAVE Act "Great Replacement Theory, now in legislation form."
"There's no evidence that noncitizen voting is a significant problem, much less a regular occurrence," Bump wrote. "The Heritage Foundation, which has for years been adamantly promoting the idea that voter fraud is rampant, has a database of demonstrated fraud. It includes fewer than 100 cases of noncitizen voting or voter registrations since 2002—a period during which more than 678 million votes were cast in presidential elections alone."
The bill will "make it harder for citizens to vote," which is "a central reason the League of Women Voters opposes the legislation," Bump asserted. "Require people to have documentation when they register to vote, and people without that documentation won't register—even if they're otherwise allowed to."
"Who are those people? Research published in January found that those without a valid driver's license are more likely to be young as well as nonwhite," he wrote. "They are often, in other words, people who lean Democratic."
"Win-win-win. Demonize immigrants, amplify the idea that elections are riddled with fraud, and make it harder for people who vote Democratic to vote," Bump added. "The SAVE Act is a neat little package of Republican interests."
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US Democracy Defenders Applaud Fresh Push for 'Urgently Needed' Voting Rights Bill
"It will take passage of the John R. Lewis Voting Rights Advancement Act to curb this new generation of assaults on the freedom to vote," said one campaigner.
Sep 19, 2023
Although it is nearly certain to go nowhere in a Republican-dominated U.S. House of Representatives, pro-democracy groups nationwide celebrated on Tuesday as Congresswoman Terri Sewell reintroduced the John R. Lewis Voting Rights Advancement Act.
"Generations of Americans—many in my hometown of Selma, Alabama—marched, fought, and even died for the equal right of all Americans to vote," Sewell (D-Ala.) said in a statement. "But today, their legacy and our very democracy are under attack as MAGA extremists target voters with new laws to restrict voting access."
"The fight for voting rights has never been more urgent," she argued, explaining that the legislation—named for the late Democratic Georgia congressman and civil rights leader—aims to restore and modernize the full protections of the Voting Rights Act of 1965 (VRA), which was gutted by the U.S. Supreme Court a decade ago in Shelby County v. Holder.
The bill is backed by every House Democrat but faces tough odds in both chambers. Early last year, Democratic right-wing Sen. Joe Manchin (W.Va.) and Sen. Kyrsten Sinema (Ariz.), who switched from Democrat to Independent in December, worked with Republicans to block a megabill that included the Freedom to Vote Act and the John Lewis legislation.
Still, U.S. advocacy groups on Tuesday applauded the lawmakers' renewed push for federal voting rights reforms—as they did in July, when Democratic leaders reintroduced the Freedom to Vote Act.
"The John Lewis Voting Rights Advancement Act is key in preserving democracy, full stop," declared Public Citizen executive vice president Lisa Gilbert. "A decade after the Supreme Court gutted 'preclearance' protection in the Voting Rights Act, more than half of U.S. states have passed over 90 laws that make it harder to vote for communities of color, in particular."
"Without this legislation, we risk further entrenching anti-democratic, partisan forces that want to choose their own voters," Gilbert warned.
According to the Declaration for American Democracy coalition:
In the last decade since the Shelby County v. Holder Supreme Court decision gutted key enforcement mechanisms in the Voting Rights Act, at least 29 states have passed 94 laws making it harder to vote, with at least 11 states enacting 13 restrictive voting laws in 2023 alone.
Attacks on our freedom to vote disproportionately impact Black, Latino, Asian, Native, and other voters of color. Since Shelby v. Holder, the racial turnout gap has grown significantly in 5 of the 6 states previously covered by the preclearance sections of the Voting Rights Act.
Sylvia Albert, Common Cause's director of voting and elections, stressed that "this ongoing effort to suppress the vote harkens back to the shameful Jim Crow era. At that time, it took the passage of the Voting Rights Act of 1965 and rigorous enforcement by the U.S. Department of Justice to curb the wholesale abuses and attacks on the freedom to vote."
"Today it will take passage of the John R. Lewis Voting Rights Advancement Act to curb this new generation of assaults on the freedom to vote and to strengthen the ability of the Department of Justice to protect that sacred freedom with the tools it used for decades," she asserted, specifically calling out Republican-controlled state legislatures that have tried "to silence Black and Brown voters after they showed up to vote in record numbers during the 2020 election."
Noting that the VRA "has a long history of bipartisan support," Leslie Proll of the Leadership Conference on Civil and Human Rights said: "We applaud our elected officials who have responded to the call of the majority of people in this country who support new legislation to protect the vote. We need federal action now."
Michael Waldman, president and CEO of the Brennan Center for Justice at New York University School of Law, also highlighted previous bipartisan support for the VRA, pointing out that "the last time the Voting Rights Act was reauthorized, in 2006, it gained 98 votes in the Senate." He called on Congress to swiftly pass the "urgently needed" John Lewis bill and the Freedom to Vote Act.
Organizations focused on key issues like abortion rights and the climate emergency also demanded action on the proposal.
"This legislation is long overdue," said a 15-member coalition that included Clean Water Action, Climate Hawks Vote, the Climate Reality Project, Earthjustice, EDF Action, Environmental Law & Policy Center, Greenpeace USA, Interfaith Power & Light, League of Conservation Voters, the National Wildlife Federation, NextGen America, Sierra Club, Union of Concerned Scientists, WE ACT for Environmental Justice, and Zero Hour.
"We cannot effectively tackle the critical issues our nation faces—like combating the climate crisis, advancing environmental justice, and protecting our air, lands, waters, biodiversity, wildlife, and oceans—without fixing the broken system that caters to corporate polluters and disenfranchises too many voters," the coalition argued.
Meanwhile, NARAL Pro-Choice America said on social media that "voting rights and reproductive freedom are deeply intertwined."
"Anti-abortion extremists attack voting rights knowing that it is critical to electing repro champions," the organization added. "Congress MUST pass the John Lewis Voting Rights Act."
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