News Clips

When I was in the Supreme Court last December listening to oral arguments in Moore v. Harper, I was struck by Justice Amy Coney Barrett’s questions in this case that put the future of American democracy’s checks and balances at risk. Barrett doubted that the “independent state legislature theory” should give state legislatures absolute power to write laws for federal elections without facing state judicial review. And Barrett probed repeatedly about when, if at all, the Supreme Court should intervene in state court interpretations of state constitutions in these election cases.

Jay Heck, executive director of Common Cause in Wisconsin, a government watchdog group, said Ms. Wolfe’s removal would be a major blow to the state, which is likely to once again be a crucial battleground for the presidential race. “The vast majority of Wisconsin’s voters and citizens can and will lose confidence and trust in our elections,” he said.

All of this is a concern for voting rights groups. Katya Ehresman, voting rights program manager for Common Cause Texas, said its been just four years since the state attempted to purge tens of thousands of people incorrectly identified as noncitizens from the state's voter rolls. The furor over that effort helped to sink Acting Secretary of State David Whitley's bid for confirmation in the post. Ehresman noted that Keith Ingram, who served as elections director under Whitley, was appointed by current Secretary of State Jane Nelson to head the effort to come up with Texas' replacement for ERIC. "I think that’s something that we’re concerned about, is if these lists matching and list maintenance systems are within that same office, that Texas voters should be paying attention and watchdog organizations like ours are going to be paying attention," Ehresman said. Alicia Pierce said voters should not be overly concerned about being removed from the rolls. "They’re not simply removed," Pierce said. "They receive a notice, and then there’s a waiting period before they are removed. And also, under the National Voting Rights Act, there is a window before federal elections, which is 90 days, when people will not be removed through these wholesale actions, where we’re doing large-scale list maintenance. So those are some things that can help reassure people that they’re not going to be removed in an untimely manner." Still, Katya Ehresman said that voters should doublecheck their voting status well in advance of the October deadline for this fall's elections and the February deadline for the 2024 primaries, in order to make sure they're registered at their current address. "I think that Texas leaving ERIC adds a heightened level of vigilance that is needed on the back of everyday voters, which should not be required to participate in their elections but might need to be now," Ehresman said.

But John M. Marion, executive director of Common Cause Rhode Island, called the GOP statement “a knee-jerk reaction to what is a fairly common occurrence in elections all across the country.” “This is not the first time a candidate has withdrawn from a race but remained on the ballot, and it won’t be the last time,” he said. “Restricting a popular and secure way for voters to vote is not the right reaction.” In offering 20 days of early voting, Rhode Island is matching the national average in the 47 states that offer early voting, Marion said. According to the National Conference of State Legislatures, the three states that don’t offer early in-person voting are Alabama, Mississippi and New Hampshire, and Marion said Alabama and Mississippi “are two states not exactly known for protecting voting rights”

Stephen Spaulding, vice president of policy for the nonprofit Common Cause, said gambling on elections is bad for democracy. "You can imagine wealthy gamblers could make significant money by exploiting disinformation to influence an electoral outcome that would protect the bettors' bottom line," Spaulding pointed out. "This again opens up a significant risk to the perception that the winners and losers of an election are not determined by voters, but by those who stand to gain financially." Spaulding noted the "Citizens United" Supreme Court decision allowed companies to spend unlimited money on elections, and called betting on elections a "profound threat to democracy." "You can imagine a situation where an entity places an enormous wager on the outcome of an election, and also funnels resources through Super PACs or other 'dark money' vehicles to influence the outcome of an election," Spaulding explained. "That is inherently, we think, anti-democratic." Both Common Cause and some U.S. senators, including California's Dianne Feinstein, submitted letters of opposition during the public comment period, which ended in July. The Commodity Futures Trading Commission is expected to make a decision by Sept. 21.

Georgia’s elections are all over the headlines this past week after the Trump indictment, but there is one issue key to protecting our votes missing from those headlines: transparency in campaign spending. In Georgia, we believe all voters have a right to know when wealthy special interests are spending big to influence our vote. Unfortunately, the Federal Election Commission, the agency tasked with enforcing federal campaign finance laws, has failed Georgia voters and left us in the dark about an out-of-state group that illegally spent untold sums to try and stop some of us from voting in the 2021 U.S. Senate runoff elections.