The nation’s top election officials are calling for more stringent guidelines for post-election audits, as supporters of former President Donald Trump continue to relitigate his defeat in 2020. At the summer meeting of the National Association of Secretaries of State, secretaries voted nearly unanimously on Monday to approve a series of recommendations for post-election audits on everything from a timeline, to chain of custody of election materials. The guidelines were shared first with POLITICO. During the vote, only two Republican secretaries present didn’t back it: West Virginia Secretary Mac Warner, who voted against it, and Missouri Secretary of State Jay Ashcroft, who abstained. Minnesota Secretary of State Steve Simon, a Democrat who was part of a bipartisan group of 8 secretaries who helped draft the guidelines, told POLITICO after the vote that they had been working in secret for months to come to an agreement, comparing the pact the secretaries took to not speak about their work until it was completed to the movie “Fight Club.” The vote came at the tail end of the group’s four-day conference, the first time the organization has gathered in person since before the beginning of the coronavirus pandemic.
National: How a Defunct Federal Provision Helped Pave the Way for New Voting Restrictions | Nick Corasaniti/The New York Times
Georgia toughened identification requirements for absentee voting. Arizona authorized removing voters from the rolls if they do not cast a ballot at least once every two years. Florida and Georgia cut back sharply the use of drop boxes for mail-in ballots. All of these new voting restrictions would have been rejected or at least softened if a federal civil rights protection from the 1960s were still intact, experts in election law said. For decades, the heart of the landmark Voting Rights Act of 1965 was a practice known as preclearance, largely detailed under Section 5 of the statute. It forced states with a history of racial discrimination to seek approval from the Department of Justice before enacting new voting laws. Through preclearance, thousands of proposed voting changes were blocked by Justice Department lawyers in both Democratic and Republican administrations. In 2013, however, Section 5 was hollowed out by the Supreme Court, as Chief Justice John G. Roberts Jr. wrote in a majority opinion that racial discrimination in voting no longer constituted a significant threat. As Republican-led state legislatures have tightened voting rules after the 2020 election, new restrictions have been enacted or proposed in four states that are no longer required to seek approval before changing voting laws: Georgia, Arizona, Texas and Florida. Those new restrictions would almost certainly have been halted, stalled or altered had Section 5 still been in use, according to interviews with former federal prosecutors and a review by The New York Times of past civil rights actions by the Justice Department.
Full Article: How a Defunct Federal Provision Helped Pave the Way for New Voting Restrictions – The New York Times