Saving The Republic By Destroying It

The Daily Escape:

New Year’s Day, Pike National Forest, near Colorado Springs, CO – January 2022 photo by Daniel Forster

 

“It’s not the voting that’s democracy; it’s the counting.” – Tom Stoppard

Tomorrow we will observe the anniversary of the attempted coup at the US Capitol. For the most part, in response, America will do nothing. The Atlantic’s Barton Gellman wrote last month,

“Trump and his party have convinced a dauntingly large number of Americans that the essential workings of democracy are corrupt, that made-up claims of fraud are true, that only cheating can thwart their victory at the polls, that tyranny has usurped their government, and that violence is a legitimate response.”

There are tens of millions of Americans who believe that the 2020 election was magically stolen from Trump, and tens of millions who believe violence is the answer to resolving that problem. A new NPR/Ipsos poll finds that 64% of Americans believe US democracy is “in crisis and at risk of failing.”

The poll found one-third of Trump voters say the attack on the Capitol was actually carried out by opponents of Donald Trump, including Antifa and government agents, a baseless conspiracy theory that has been promoted by conservative media ever since the attack, even though it has been debunked.

Is the US careening toward a second civil war? Republicans seem to be willing to destroy the Republic to save it.

Stephen Marche published an excerpt from his new book in the Guardian. He points out that the Right has recognized that the American political system is in collapse, and it has a plan: violence and solidarity with far-right factions that want to subvert the vote-counting process.

Marche says that two things are happening at the same time. The American Right has abandoned its faith in government. The American Left has been slower on the uptake, but they are starting to figure out that the American political system which we call a democracy is less deserving of the name as each year passes.

So, the Right is already preparing for a breakdown of law and order. They’re preparing because they’re the ones fomenting the breakdown.

A University of Virginia analysis of census projections shows that by 2040, 30% of the population will control 68% of the Senate, and eight states will contain half of the US population.

The conservative project to achieve permanent minority rule long precedes Trump’s efforts to nullify the election in 2020. It’s being further codified into law in states across the country. The Senate’s built-in malapportionment gives advantages overwhelmingly to white, non-college educated voters. The federal system as constituted no longer represents the will of the majority of the American people.

This shouldn’t surprise you, since we continually elect people uncommitted to making government work. And surprise, it doesn’t. VOX’s Zach Beauchamp observes:

“America’s dysfunction stems, in large part, from an outdated political system that creates incentives for intense partisan conflict and legislative gridlock. That system may well be near the point of collapse. Reform is certainly a possibility. But the most meaningful changes to our system have been won only after bloodshed and struggle, on the fields of Gettysburg and in the streets of Birmingham. It is possible, maybe even likely, that America will not be able to veer from its dangerous path absent more eruptions and upheavals — that things will get worse before they get better.”

Can this be avoided? Unclear. The Democrats have done an excellent job in ensuring they have little bench strength. Who do they have who is capable of succeeding Biden?

The Republicans have lobotomized their talent base. Trump created an environment where any number of lunatics can claim followers that vaguely fit under the Republican banner, while the mainstream Right fails to control either the Party or its narrative.

It’s still possible for America to implement a modern electoral system, restore the legitimacy of the courts, reform its police forces, and alter its tax code to address inequality. All of these changes are possible.

However, we can’t simply hope that everything will work out; it won’t. If democracy is to survive, the US must start over. It must rediscover its revolutionary spirit. But who’s willing to do that? We seem to feel that it’s futile to expect that we can change anything.

The upshot is that people are angry. Many are checking out, no longer caring about what happens. How will we save the American project if we aren’t willing to fight for it?

What happens if it no longer matters who is running for president next time around?

We may find out.

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Trump’s Real Plan is Working

The Daily Escape:

Snow in the Bigelow Preserve, Stratton, ME – December 2020 photo by CaptainScrummy

So you think that America will cruise in to the acceptance of the Electoral College vote by a Joint Session of Congress on January 6, and Trump and the millions of members in his Lost Cause will just fade away? Think again:

The past four years have been a train wreck, and Trump has been the conductor.

In one way, Trump’s attempted soft coup is failing. After all, his hand-packed Supreme Court wouldn’t hear the case designed to overturn Pennsylvania’s election win for Biden. Yet, as the tweet above shows, Trump’s continuing effort to poison our voting process may yet lead to some terrible things.

But, is PA Sen Ward telling us the truth? Does she really fear Republican partisans? Or, is this an ex-post excuse for doing what they all wanted to do anyway? WaPo’s Greg Sergeant makes a good point:

“What matters is that many of them (Republicans) are entirely willing to support specific concrete actions to steal the election on Trump’s behalf.”

Aaron Blake notes that state GOP officials so far have overwhelmingly sided against Trump’s voter fraud claims, when they are forced to decide. But as we showed on Monday, Republicans are keeping their powder dry waiting for the House and Senate meetings to accept the Electoral College votes: (brackets by Wrongo)

“…just as notable as the lack of Republicans willing to say Biden is the president-elect is the lack of buy-in on Trump’s claims from other Republicans. They…have a choice to make if their colleagues press the issue, [by arguing against acceptance of the Electoral College vote at the January 6 joint session of Congress]”

Jonathan Last makes it clear what’s going on:

“Everyone laughs at how stupid the Trump lawsuits are. Can you believe these morons? They lose everywhere! Even Republican judges keep slapping them down! How embarrassing for Trump!

But that’s the wrong way to think about Trump’s actions since November 3. Because his goal hasn’t been to keep the office of the president. It’s been to keep the Republican Party.”

More:

“On the morning of November 4, Donald Trump faced two problems. The first was that he was going to lose the power of the presidency. The second was that this loss endangered his ownership of the GOP.”

Last says that for Trump, the lawsuits, the posturing, the attempted coup— all would still be nice if he were to be re-inaugurated January 21. But that’s a secondary objective. The primary objective was to stop the Republican Party from leaving him:

“…owning a major political party isn’t as useful as being president. But it’s not nothing….In a two-party system, you can exert a great deal of power by being the head of a Party. You have businesses and foreign governments that will pay tribute to you. You have an audience of something like 40 million partisans who can be mined for contributions and mobilized as a flash mob whenever you need them.”

Unfortunately, these millions out in TrumpWorld don’t know they’re being conned. They still actually believe that Trump will win reelection.  That’s dangerous, because many of them will be shocked when reality hits. What is most worrisome is the possibility of something happening that makes them feel they have license for mass violence. We can try to minimize the threat posed by Republican passivity, but there are always lone wolves who will try to do horrible things.

Can the Republican Party move on from Trump? It could, but that requires the next generation of ambitious presidential aspirants to replace Trump in the daily political discussion. But Trump won 74 million votes, more than any other Republican, just last month. And the base’s acceptance of Trump’s claim that he really won preempts the plans of the next generation.

The other Republican presidential aspirants have realized that the best path forward is to say they believe the voter fraud line. That means their incentive is to outbid their peers in expressing support for Trump’s claims of victory. Let’s leave it to Jonathan Last to close:

“….the minimum ante for Republican politics is now support for an insane conspiracy theory.”

Unlike his predecessors, Trump has not called Biden, much less invited him to the White House. Trump has indicated that he may not attend Biden’s inauguration, which would make him the first sitting president since Andrew Johnson in 1869 to refuse to participate in the most important ritual of the America’s democratic transfer of power.

Our democracy is on a knife edge right now. Even if we’re certain that Biden will prevail, the kowtowing to Trump by Republicans isn’t going to end soon, or well.

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Four Days to Go

The Daily Escape:

Full color at Smugglers Notch, Jeffersonville, VT – October, 2020 photo by Kyle Seymour Photography

Four days to go. Lots of people want to check out, to stop thinking about the election or about the Coronavirus. People are fatigued by the partisanship, by the tsunami of misinformation on social media, and the incessant and repetitive commercials.

Wrongo was texted nearly 20 times yesterday by various candidates begging for money. His email is flooded with all caps scare messages from the Parties or from specific candidates. Unsubscribing is fruitless, they will worry about that next month, if ever.

Who can blame people for wanting it to be over? The fact is, this whole Covid-45 presidency has been stressful, with little or no downtime for a break.

Here’s some frightening information: The NYT reports that the stress of presidential elections may increase the incidence of heart attacks and strokes: Scientists tracked hospitalizations for acute cardiovascular disease in the weeks before and after the 2016 presidential election, among about three million adults who were enrolled in the Kaiser Permanente Southern California health care system:

“The study, in PNAS, found that hospitalizations for cardiovascular disease in the two days following the election were 61% higher than in the same two days of the preceding week. The rate of heart attack increased by 67% and of stroke by 59% in the two days following the election. The results were similar regardless of the age, race or sex of the patients.”

Wow, we knew that Trump has been bad for the health of all Americans. But more heart attacks and strokes just because America holds an election?

So try and relax over the next few days. Protect yourself: Maybe go out to dinner on Election Night. Get a massage. Turn off notifications on your mobile phone, and don’t turn on your TV before 9pm.

There were two election cases decided by the Supreme Court on Wednesday. One was in North Carolina. From the AP:

That led to this tweet from Adam Sewer:

The other case was in Pennsylvania, where the Court refused a plea from Republicans that it decide before Election Day whether election officials can continue receiving absentee ballots for three days after Nov. 3. While the PA order was unsigned, it was apparently unanimous, though three justices (Alito, Thomas and Gorsuch) said the court might return to it after Election Day.

In the North Carolina case, the same three Justices, Clarence Thomas, Samuel Alito and Neil Gorsuch, said they would have granted requests from Republican lawmakers and the Trump campaign to block lower court rulings allowing the longer deadline.

The two cases involved similar issues. In Pennsylvania, the question was whether the state’s Supreme Court could override voting rules set by the state legislature. In North Carolina, the question was whether a state election board had the power to alter voting rules set by the legislature.

On Wednesday, Justice Alito said he thought that the election would be “conducted under a cloud”:

“I reluctantly conclude that there is simply not enough time at this late date to decide the question before the election….Although the court denies the motion to expedite…[the petition] remains before us, and if it is granted, the case can then be decided under a shortened schedule.”

This is the Supreme Court saying that the election is proceeding under a cloud, and that they reserve the right to revisit their opinion!

They just gave Trump a green light to protest the election.

We should never normalize how bizarre it is that we are all having to expend an inordinate amount of energy making sure that our votes get counted. Even the Supreme Court isn’t clearly on the correct side of making certain that all votes count. That shouldn’t be normal.

America’s in the midst of changing how we vote, from largely in-person on Election Day, to largely In advance, either by mail or through in-person early voting. States and counties need to adapt to this revolutionary change, and that will take time to get it right.

We should designate Election Day as a National Holiday.

America actually holds 50 state elections for president, not a national election. We need to change state and local laws to allow for counting the early voting before Election Day. All states should count all ballots so long as they are postmarked on Election Day. After all, the IRS accepts your tax return without penalty based on the postmark, not when it is opened.

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Saturday Soother – August 15, 2020

The Daily Escape:

Buying stamps at the post office, Siren, WI – July 1941 photo by John Vachon for the Farm Security Administration, via Shorpy.

The Senate has adjourned until after Labor Day, despite not coming to an agreement on the much-needed next Coronavirus stimulus package. From CNBC:

“Congress and the White House have spent the past few weeks debating what to include in the package, but have been unable to come to an agreement. One of the biggest sticking points: Jobless benefits. Democrats want a continuation of the enhanced unemployment payment of $600 per week, while Republicans say that amount is too high. Democrats are also pushing for more than $900 billion for state and municipal aid, and $60 billion in food assistance, far higher than what Republicans have proposed.”

This means any deal could be weeks away. Meanwhile, around 28 million Americans remain unemployed and many of the relief provisions from the first stimulus package have dried up.

And Postal Service funding is also broken and lying in the weeds by the side of the road.

McConnell offered a new COVID economic aid bill (the HEALS Act) 10 weeks after the House had approved its version, called the HEROES Act. Then, Mitch dismissed the Senate for a month rather than allow Senators to negotiate with the House Dems about adding USPS funding to the HEALS Act, which included no funding for the USPS. The House’s HEROES Act passed in mid-May contains $25 billion for USPS.

There is no accountability for any of these birds except at the ballot box, and the GOP is making it very hard to remove them by voting. Only a very few Republicans, notably House Minority Leader Kevin McCarthy, (R-CA) and Sen. Roy Blunt, (R-MO) have broken with Trump on the need for funding the Postal Service.

We mentioned mail sorting machines on Friday. We now know that in May, the USPS planned to remove a total of 969 sorting machines (about 20%) out of the 4,926 it had in operation as of February. Most (746) of the sorting machines scheduled for removal were delivery bar code sorters (DBCS), the type that sort vote-by-mail ballots and other similarly sized pieces. You can view the USPS equipment removal presentation here.

WaPo reported that the USPS sent letters in July to 46 states and Washington DC warning that they may be unable to deliver mail-in election ballots by the deadlines set by the states for them to be counted. About 186 million voters are subject to the Postal Service’s heightened warning. The states that were not warned about potential issues were Oregon, Nevada, New Mexico and Rhode Island. The USPS letter was only released on Friday.

This is a huge and serious escalation in concerns that even if people follow all of their state’s election rules, the pace of Postal Service delivery may disqualify their votes.

There’s a big disconnect between the public and the government. They no longer really want to help you solve your problems. You can no longer rely on them to count your votes. You’re about to be kicked out of your apartment. You’ve got no money left in the bank, and after years of being told it’s your fault, you know nothing could be further from the truth.

Sorry, Republicans, this is what you have become. You’re now the Walrus: He is you and you are him.

Vote to flush the turds, November 3rd!

Sorry, no coffee for you this week, we’re already too jacked up by the prospect of losing our democracy. On the other hand, we still need a break from the steady beat of the Trumpian drums, so it’s time for our Saturday Soother.

We lost four large trees on the fields of Wrong last week during the half hour that TS Isaias was with us. The outcome was that we were without power for five days, and it took about a week to cut up and move all of the downed wood.

This week, we left our daily 14+ hours of summer sunlight behind. Today we have 13 hours and 53 minutes, and it, like our politics, will just get worse.

Time to settle back at an appropriate physical distance, and listen to two love themes composed by Dominic Frontiere that originally appeared in the TV series “The Outer Limits”. They are performed here on George Winston’s album “Summer”, recorded in 1991:

Those who read the Wrongologist in email can view the video here.

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Monday Cartoon Blogging – June 10, 2019

We’re back from the beach to review the week that was! Trump toured Buckingham Palace. The world observed the 75th anniversary of D-day, and the 30th anniversary of China’s Tiananmen Square. Some are saying that the vicious attack by security forces on protesters in Sudan is Africa’s first Tiananmen Square-type event. At home, Joe Biden renounced the Hyde Amendment that barred public financing for abortions, a position he held for nearly 40 years. Republicans pounced, framing Biden’s change in position as a gaffe. You might say he was for it before he was against it. On to cartoons.

Biden has another bi-partisan moment with GOP:

 

Trumpy oh Trumpy, where have you been? I’ve been to London to visit the Queen:

What D-Day shows us about today:

Mueller’s subliminal messages:

GOP ponders raising voting age:

Trump has genuine concerns about voting:

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New Evidence: Citizenship Question Added to Suppress Minority Voting

The Daily Escape:

Wallis Sands, NH – 2018 photo by CaptainReptar

“If conservatives become convinced that they cannot win democratically, they will not abandon conservatism. They will reject democracy.” David Frum

Sometimes, the proof you need shows up just a little late. The Supreme Court will rule in June on whether or not a citizenship question can be added to the census in 2020. The case, Department of Commerce v. New York was argued before the Court back in April. At the time, most observers felt that a majority of the justices seemed inclined to support the administration’s position that there was no political agenda behind asking the citizenship question.

On Thursday, the NYT reported about a related lawsuit filed in the Southern District of New York, which shows that all of the relevant information to decide the case was not available. The new evidence was obtained from Thomas Hofeller. Hofeller was the Republican Party’s guru on redistricting of electoral districts for political advantage. After Hofeller died, his estranged daughter found his computers and hard drives, and her mother gave them to her. She discovered files that demonstrated quite clearly that her father had been central to the creation of the census citizenship question.

From The New York Times: (emphasis by Wrongo)

“Files on those drives showed that he wrote a study in 2015 concluding that adding a citizenship question to the census would allow Republicans to draft even more extreme gerrymandered maps to stymie Democrats. And months after urging President Trump’s transition team to tack the question onto the census, he wrote the key portion of a draft Justice Department letter claiming the question was needed to enforce the 1965 Voting Rights Act — the rationale the administration later used to justify its decision.”

This article on Thomas Hofeller offers evidence of the vote suppression intent of the census citizenship question that the Supreme Court is likely to approve in a few weeks. The new court filing shows that Hofeller’s digital fingerprints are all over the US DoJ actions to add a citizenship question:

  • The first was an Aug. 30, 2017 document from the Hofeller hard drives. The document’s single paragraph cited two court decisions supporting the premise that more detailed citizenship data would assist enforcement of the Voting Rights Act. That paragraph later appeared word for word in a draft letter from the Justice Department to the Census Bureau that sought a citizenship question on the 2020 census.
  • A second instance involves the official version of the Justice Department’s request for a citizenship question. It was a more detailed letter sent to the Census Bureau in December, 2017, presenting technical arguments that current citizenship data falls short of Voting Rights Act requirements. The plaintiffs in the new case show those arguments are presented in exactly the same order, and sometimes with identical descriptions as in a 2015 study by Mr. Hofeller. In that study, Hofeller concluded that adding a citizenship question to the 2020 Census “would clearly be a disadvantage to the Democrats” and “advantageous to Republicans and Non-Hispanic Whites” in redistricting.

Seems damning, but why should the Supremes need more evidence? Three federal district courts had already decided this question without seeing this additional evidence. They were able to see through the transparent attempt by the GOP to undermine voting rights.

The 14th Amendment, Section II says:

“Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed.”

The founder’s intent there seems pretty clear: The whole number of persons. And since when is it the responsibility of a member of Congress to only represent the eligible voters in his or her district?

The new smoking-gun evidence shows that government officials lied when they used the Voting Rights Act as their excuse for including the question. But, that will likely be seen by the SCOTUS as irrelevant, assuming they believe that the actual reason is a permissible action by the Commerce Dept.

Republicans love to complain about those Democrats who are now advocating for eliminating the Electoral College, saying that doing so would amount to “changing the rules because Democrats lost.” What should be obvious is that Republicans are constantly, and relentlessly changing the rules. See Mitch McConnell’s rewrite of his Merrick Garland policy just this week.

Over and over, Republicans gerrymander and suppress the vote in whatever way they can. They do this as part of their effort to shore up the voting power of their white voter base, while diluting the voting power of minorities.

They know demographics are not on their side, so they are willing to take extreme measures to solidify their position, regardless of the impact on the nation.

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How Do We Increase Voter Turnout?

The Daily Escape:

Cows grazing in fields near the village of Castelluccio in central Italy. In October 2016, a significant earthquake struck the area, badly damaging the village and roads—but farming still takes place and fields of lentils and poppies bloom every year, carpeting the land – 2018 photo by Maurizio Sartoretto

Ninety-two million eligible American voters failed to vote in the 2016 presidential elections. In the 2014 midterms, 143 million eligible Americans failed to vote. It was the lowest voter participation in 72 years. Is it possible to change this sorry record? We can start by looking at voter registration. From Larry Sabato:

There are 31 states (plus the District of Columbia) with party registration; in the others, such as Virginia, voters register without reference to party. In 19 states and the District, there are more registered Democrats than Republicans. In 12 states, there are more registered Republicans than Democrats. In aggregate, 40% of all voters in party registration states are Democrats, 29% are Republicans, and 28% are independents.

Sabato says that overall, the current Democratic advantage over Republicans in the party registration states approaches 12 million voters. But, they don’t turn out to vote.

There are a number of major states that do not register voters by party, including those in the industrial Midwest: Illinois, Indiana, Michigan, Ohio, and Wisconsin. Add to that, Texas, Georgia, and Washington. If they did register by party, Texas, Georgia, and Indiana would certainly add to the Republican total. Sabato’s team produced this map illustrating the breakdown of registered voters (RV) in the table below:

More from Sabato: (emphasis by Wrongo)

Still, Republican Donald Trump found a route to victory in 2016 that went through the party registration states. He scored a near sweep of those where there were more Republicans than Democrats, winning 11 of the 12, while also taking six of the 19 states where there were more Democrats than Republicans — a group that included the pivotal battleground states of Florida, North Carolina, and Pennsylvania.

But the message gets worse for Dems, and it’s all about voter turnout. In 2016, falling participation defined the election, as pivotal swing states such as Wisconsin and Ohio saw voter participation drop by approximately 3% and 4% respectively, compared with 2012.

The Center for American Progress says that during the 2016 primaries, only 28.5% of eligible voters cast votes for party candidates, while only 14.5% participated in the 2012 primaries. For local mayoral elections, participation fell below 20% in 15 of the country’s 30 most populous cities.

The latest data available that break down voter turnout for midterm elections by state is for 2014. And it makes a disheartening case for Democrats, particularly in those states with a Democratic voter registration plurality where Trump won. Here is the breakdown of voter turnout by state:

In 2014, there wasn’t a lot of Democratic sentiment in the highest turnout states. And in the six states where Dems have a registration advantage, but the state voted for Trump in 2016, this was their 2014 voter turnout:

STATE                                                    TURNOUT

PA                                                            36.1%

WVA                                                         31.2%

KY                                                            44.2%

NC                                                            40.8%

LA                                                            43.9%

FL                                                            42.8%

This shows their turnout was substantially higher than the national average. If these states repeat the same turnout this November, chances are that the House will stay in Republican hands. Now, the data are from 2014, and the country is more energized politically in 2018 than it was four years ago, so generalizing may not provide us with a correct answer.

For what it’s worth, only five states had turnout over 50%: Alaska, Colorado, Maine, Michigan, Oregon and Wisconsin.

But can we fix turnout? The usual barriers we talk about fixing are:

  • Streamlining voter registration, possibly by automatic voter registration, or same-day voter registration
  • Making the act of voting more convenient by longer periods of early voting, and more liberal absentee voting
  • Adding voting booths in election districts to eliminate long lines
  • Changing election day to election weekend, so more working people can get to the polls

But, a 2017 Pew study found that the most common reasons registered voters gave for not voting in the 2016 elections had little to do with barriers to turnout: theyDidn’t like candidates or campaign issues” (25%); followed by those “Not interested, felt vote wouldn’t make difference” (15%); “Too busy or conflicting schedule” (14)%; and “Illness or disability” (12%).

Registration problems,” were only 4%; while “Transportation problems,” were 3%; and “Inconvenient hours or polling place,” just 2%.

Having charismatic candidates with messages that resonate is the easiest fix, but we are locked into a system in which career politicians work their way up the ladder, trying to be as bland as possible.

People have to become angry enough to force our current system to change.

The real question is: Why aren’t they already angry enough?

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Gerrymandering: The End of “One Person, One Vote”

The Daily Escape:

Lighting at Devils Tower, Wyoming. It is considered sacred by Northern Plains Indians – photo by Shaun Peterson

It isn’t a secret that aggressive gerrymandering (dividing election districts to give one political party a majority in many districts, while concentrating the voting strength of the other party into as few districts as possible) has been a cornerstone of Republican political strategy for more than a decade. It has been a stunning success.

And in several (mostly Republican) states, officials have also used vote suppression, such as reduced voting hours, closed polling stations, or other barriers to voting, like strict ID rules to create a political advantage.

Democrats tend to win the majority of votes nationally, and in many Congressional and state-wide elections, only to win less than a pro-rata share of seats. 2016 showed the political impact of gerrymandering. Republicans held a 54-46 majority in the US Senate. They used that majority to deny a Supreme Court appointment to President Obama on the pretext that it was an election year. At the time, the 46 Democrats represented 20 million more citizens than their GOP Senate counterparts.

Ian Millhiser at Think Progress hows the logical outcome for our political future: (emphasis by Wrongo)

And then there is the single most frightening projection facing both large-D Democrats and small-d democrats in the United States. By 2040, according to Dean David Birdsell of the school of public and international affairs at Baruch College, ‘about 70% of Americans are expected to live in the 15 largest states.’ That means that 70% of Americans ‘will have only 30 senators representing them, while the remaining 30% of Americans will have 70 senators representing them.’

If this is our future, what does “one person, one vote” mean? “One person, one vote” can have several connotations, but it should denote that fairness is inherent in our electoral system. Gender, race, and importantly, where you live, shouldn’t enhance or diminish the value of your ballot.

Winning the gerrymander battle will only be accomplished on the state and district levels. Whoever controls the state legislature and the governor’s chair will decide how fair or unfair the state’s apportionment of seats will be. Rolling Stone’s Ari Berman writes about North Carolina:

On January 9th, a federal court struck down North Carolina’s US House map, which gives Republicans a 10-to-three advantage over Democrats, the first time a federal court has invalidated congressional lines for partisan gerrymandering. But on January 18th, the Supreme Court blocked the redrawing of North Carolina’s maps, pending appeal.

GOP-drawn districts have also been struck down in Alabama, Florida, Virginia and Texas. Many of these rulings are being appealed by Republicans, making it unlikely these districts will be redrawn before the 2018 elections.

And Pennsylvania’s Supreme Court just struck down the state’s Congressional maps, where Republicans have a 13 to 5 advantage, and ordered they be redrawn in 2018. Booman writes:

If you’re handicapping the likelihood of the Republicans losing control of the House, you need to adjust your odds in light of this news. If it stands, it could be the decisive factor that changes the ultimate outcome.

This is a good reminder that bad laws can be challenged under state constitutions (but not federal laws). States are free to recognize more rights than those recognized under the US Constitution, they just can’t recognize fewer rights. And cases decided under state constitutions are usually outside the US Supreme Court’s jurisdiction. For example, a number of states have stricter search and seizure provisions than the federal constitution. This is the sort of “federalism” that conservatives hope you don’t learn about.

Voter suppression and partisan gerrymandering are the greatest threats to our democracy. Suppression provides states with the opportunity to gerrymander. Taken together, suppression and gerrymandering provide the means to disenfranchise significant parts of the electorate from our democracy.

Here’s Millhiser’s money quote:

The government of the United States no longer derives its powers from the consent of the governed. And by the time voters head to the polls in November to elect a new Congress, America will have existed in this state of profound un-democracy for nearly a decade.

Can this be fixed? Yes, by a combination of voter turnout at the state level, and state court challenges to bad re-districting. We also have to hope that the Supreme Court doesn’t act in a completely partisan manner like they did with Citizens United and the voiding of significant parts of the Voting Rights Act.

It is profoundly wrong that the way we draw legislative districts, and malapportionment, have conspired to rob American voters of much of their ability to choose their leaders.

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The DOJ Wants Infrequent Voters Off The Voting Rolls

The Daily Escape:

Bryce Canyon, 2001  – photo by Wrongo

From Mother Jones:

The Justice Department released an amicus brief in the case, currently before the Supreme Court, over whether Ohio can continue to remove “infrequent voters” who fail to cast a ballot over a six-year period. One of those voters, Larry Harmon, is a lead plaintiff in the lawsuit brought by Demos and the ACLU of Ohio. The 60-year-old software engineer and Navy veteran voted in 2008 and then returned to the polls for a local referendum in 2015, only to find that he was no longer registered, even though he hadn’t moved or done anything else to change his status.

Ohio has purged about 2 million voters from its rolls, including 1.2 million for infrequent voting. From the WaPo:

In a court filing late Monday, Justice Department attorneys took the opposite position from the Obama administration in a case that involves Ohio’s removal last year of tens of thousands of inactive voters from its voting rolls.

In their brief, government lawyers say they reconsidered the Ohio vote-purging issue after the “change in Administrations,” and they argue that the state’s actions are legal under federal law.

Ohio allows the purging process to begin when voters have not cast a ballot in two years. The person is sent a notice asking them to confirm their registration. If the voter does not respond and does not cast a ballot over the next four years, they are removed from the rolls.

But a federal appeals court ruled that Ohio had violated the National Voter Registration Act, a 1993 law that made it easier to register at the DMV and other public agencies and stipulated that voter-roll maintenance: (emphasis by the Wrongologist)

…shall not result in the removal of the name of any person from the official list of voters registered to vote in an election for Federal office by reason of the person’s failure to vote.

Trump’s DOJ has decided that “use it or lose it” applies to your right to vote.

We are witnessing a steady erosion of voter rights that started with the Supreme Court’s 2013 decision in Shelby County v. Holder. The Court struck down Section 4(b) of the 1965 Voting Rights Act (VRA). That Section required states with a history of voting discrimination to get pre-approval from the Justice Department for any changes to voting qualifications or procedures.

Since the Shelby ruling, many states, including some that were formerly covered under the VRA, have instituted stricter voter identification laws and instituted voter roll purges. Ari Berman lists examples from the 2016 election — the first election without full protection of the VRA:

  • There were 868 fewer polling places in states with long histories of voting discrimination, such as Arizona, Texas and North Carolina.
  • In Wisconsin, 300,000 registered voters lacked strict forms of voter ID, and voter turnout was at its lowest levels in 20 years. This was particularly apparent in Milwaukee, where voting was down13%, where 70% of the state’s African-American population lives.
  • In North Carolina, black turnout decreased 16% during the first week of early voting because in 40 heavily black counties, there were 158 fewer early polling places.

The plan is this: First, make voting as complicated and inconvenient as possible and then, when people basically give up on voting, you drop them from the rolls for non-participation.

What harm is there in keeping a non-voter or irregular voter on the rolls? Voter impersonation happens about as often as winning the Power Ball lottery, so why not leave a name on the rolls until removal is substantiated? When you move from one state to another, and register to vote, no one has committed voter fraud. No one took Wrongo’s parents off the Florida voter rolls after they died. That wasn’t voter fraud either.

The false concern about voter fraud is a cloak for a determined effort to gut every improvement the country has made on voting rights in the past 50 years.

On to music. Glenn Campbell had an outsized influence on American music. His free and fluid mix of country, pop and light rock left a big mark in Nashville. Here is Campbell doing “Classical Gas”:

Few who knew Campbell only as the singer of “By the Time I Get to Phoenix” and “Wichita Lineman” also knew that he was a very accomplished guitarist.

Those who read the Wrongologist in email can view the video here.

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