Editorials: Trump will replace Kennedy with a Scalia clone. Only one thing might stop him. | Richard Hasen/Slate

Buckle up, folks. If you did not like what the Supreme Court has done in the last few weeks on voting rights, public-sector unions, and Trump’s travel ban, things are going to get a whole lot worse now that Justice Anthony Kennedy is retiring and with conservative Chief Justice John Roberts about to become the new swing justice. There’s precious little Democrats can do, at least in the short term, either to stop the nomination of another clone of Justice Antonin Scalia, or to stop the political benefit President Donald Trump is likely to get from such an appointment. Fixing the Supreme Court will be a long-term project. In short order, I expect President Trump to take the safe route and nominate a stellar Scalia clone. My personal expectation is that Judge Brett Kavanaugh of the United States Court of Appeals for the D.C. Circuit is a likely pick. Trump has reportedly already said he intends to select the next justice from a previously circulated list of Federalist Society–approved judges. Following the playbook used for Justice Neil Gorsuch’s confirmation, the new nominee will be a very smart (likely white male) judge with impeccable credentials who can get up in front of the Senate Judiciary Committee and commit to absolutely nothing in terms of his future rulings.

Editorials: Election rigging in Pakistan | Majid Nizami/Geo.tv

The run-up to the July election is anything but smooth. Pakistan’s democratic process has been marred by crater-like pockmarks. Old wounds of rigging — discreet and indiscreet — continue to haunt those in the race. And keeping with past traditions, the chatter of electoral fraud has already made it to the lips of all those who matter. Last month, Khursheed Shah, a senior Pakistan Peoples Party leader, rejected rival Imran Khan’s 100-days plan — an outline of what Imran’s party hopes to achieve if elected to power. He further labelled it an attempt of pre-poll rigging. “A 100-days plan is declared after winning an election,” Shah told the media, “Have they already won to be making this announcement?”

Editorials: Suppression of Minority Voting Rights Is About to Get Way Worse | Richard Hasen/Slate

On Monday, five years to the day that the Supreme Court decided Shelby County v. Holder, a case in which the court struck down a key provision of the Voting Rights Act with assurances that other parts of the act would still protect minority voters, the court proved those assurances false in Abbott v. Perez. In Abbott, the Roberts court on a 5–4 vote eschewed the judicial minimalism it has used to avoid other contentious issues—such as partisan gerrymandering and the clash between anti-discrimination laws and religious liberties—to contort rules limiting its own jurisdiction so that it could give states like Texas freer rein for repression of minority voting rights. The signals from Justice Neil Gorsuch, who signed onto a Clarence Thomas concurrence, show that things will only get worse going forward, especially if Justice Anthony Kennedy retires in the near future. In the time before the Supreme Court’s 2013 opinion in Shelby County, states like Texas with a history of racial discrimination in voting had to get federal approval—or “pre-clearance”—before making changes in their voting rules. To get pre-clearance, the state had to show that changes would not make minority voters worse off.

Editorials: A Counterattack on Voting Rights | David Leonhardt/The New York Times

In the suburbs of Salt Lake City, there is a planned community called Suncrest that has turned out to be a good place to study voter turnout. Suncrest feels like one community, full of modern, single-family houses. But it straddles two different counties — Salt Lake and Utah. And in 2016, the two used different voting systems. Salt Lake County switched to mail-based voting, which meant that all registered voters would receive a ballot at their home a few weeks before Election Day. They could then mail it back or drop it off at a county office. In Utah County, by contrast, residents still voted the old-fashioned way. They had to visit their local polling place, Ridgeline Elementary School, on Election Day.

Editorials: Jay Ashcroft claims voter fraud a bigger threat than hacking | The Kansas City Star

When Missouri Secretary of State Jay Ashcroft testified Wednesday in Washington about the security of America’s election systems, he made an astonishing and troubling statement. “The evidence indicates,” he said, “that voter fraud is an exponentially greater threat than hacking of election equipment.” What? Attempts to hack into America’s election systems are well-documented. The fact that they haven’t broadly succeeded, as far as we know, doesn’t mean they aren’t an imminent threat. “It’s disappointing to see this discredited fiction repeated by an election official,” said Lawrence Norden, deputy director of the Democracy Program at the Brennan Center in New York. Minnesota Secretary of State Steve Simon, testifying at the same hearing, was clear. “Election security in general, and cybersecurity in particular, is the most significant threat to the integrity of our election system,” he said. He’s right.

Editorials: Erdoğan has Turkey in his palm as key elections loom | The Guardian

All along Istanbul’s boulevards, the face of Recep Tayyip Erdoğan looms large. For 16 years he has ruled over his country, victorious in election after election, vowing every time that Turkey is on the path to reclaiming its status as a great power in the Middle East and beyond. Turkey’s largest city is home to a variety of grandiose projects that channel this vision. In October, the government is scheduled to complete work on Istanbul’s third airport, which will serve 90 million passengers a year. A project to bypass the Bosphorus with new 28-mile (45km) waterway linking the Sea of Marmara to the Black Sea – a project first proposed in the 16th century – will cost billions of dollars. Turkey is less than a week away from arguably its most important elections in modern history. The victor in the presidential race will assume an office with extraordinary powers, which were narrowly approved in a referendum last year, and rule until 2023 – the centennial of the republic’s founding from the ashes of the Ottoman empire.

Editorials: Less than Fundamental: The Myth of Voting Rights in America | David Schultz/International Policy Digest

There is a myth among election law experts that voting is a fundamental right in the United States. However, the Supreme Court’s recent Husted v. Philips Randolph Institute upholding Ohio’s voter purge law and Minnesota Voter Alliance v. Mansky striking down Minnesota’s political apparel ban are only the latest examples demonstrating that the right to vote in America is less than fundamental. These cases are part of the second great disenfranchisement in American politics. Like the first one after the end of Reconstruction, this one too aims to rig the election process, entrenching one set of interests in power. The story of voting rights in America is one of exceptionalism. In 1787 when the US Constitution was drafted the right to vote was absent from the text. The Constitution then (and still to this day because the Electoral College actually picks the president) did not a grant a right to vote for president. Senators were chosen by the state legislatures. While members of the House of Representatives could be selected by the people, who could vote was a matter of state law, franchise was generally limited to property-owning white males, at least 21 years old, who were citizens and members of a church or particular faith.

Editorials: The Best Way to Fix Gerrymandering Is to Make It Useless | Lee Drutman/The New York Times

In the months leading up to Monday’s Supreme Court punt on the gerrymandering cases out of Wisconsin and Maryland, those hoping the court would rein in partisan gerrymanders had been cautiously optimistic. Justice Anthony Kennedy made it known that if a “workable standard” could be found to distinguish legitimate districting from partisan gerrymandering, he might sign onto it. Reformers thought they had found that standard in something called the “efficiency gap.” But for now, with the court’s decision to not rule on the central questions the cases raise, we still lack a standard. The light is still green for state legislatures to draw maps as they please, and tempt their luck in the lower courts.

Editorials: Erecting early cyber-defenses key to protecting the vote | The Palm Beach Post

Thank goodness Palm Beach County elections officials haven’t waited for the state of Florida for help in hardening our voting system from cyberattacks. First, the Legislature failed to approve money for a cyber-security unit in the state elections office, so Gov. Rick Scott is resorting to a federal grant to contract for five consultants to assist elections officials. Then the Scott administration let months go by without bothering to seek $19.2 million in federal money for cyber security that’s been available since President Trump signed the most recent spending bill, in March.

Editorials: Will the Court Ever Address Gerrymandering? | Richard Hasen/The New York Times

Among major democracies, only in the United States are self-interested politicians given the exclusive power to design election districts for themselves and their allies. Other countries lodge this power with independent commissions. In the absence of such institutions, the pressure for courts to impose constitutional constraints on partisan gerrymandering becomes powerful, particularly as the manipulation of electoral districts for partisan advantage has become more brazen, more extreme, more effective and more consequential. Decisions on two cases Monday by the Supreme Court — an alleged Republican gerrymander in Wisconsin and a Democratic one in Maryland — shut down one novel approach to attacking partisan gerrymanders on constitutional grounds.

Editorials: If more states start using Ohio’s system, how many voters will be purged? | The Washington Post

On Monday, the Supreme Court upheld Ohio’s controversial voter purge program in the case Husted v. A. Philip Randolph Institute. Ohio removes occasional voters from the rolls if they: fail to vote in a general election; do not respond to a postcard asking them to confirm their address; then fail to vote in two more general elections. In a 5-to-4 decision, the court ruled that the purge does not violate the 1993 National Voter Registration Act. Given the Supreme Court’s ruling, other states may adopt Ohio’s Supplemental Process as an aggressive way of removing inactive voters from the rolls. If Ohio’s Supplemental Process were adopted nationwide, how many other infrequent voters could be removed from the voter registration rolls? We try to answer that question.

Editorials: The Science of Elections | Michael Latner/Scientific American

Science has always been political. The Enlightenment brought forth a series of revolutions that transformed both our understanding of the universe and our role in it. New scientific discoveries often threaten the justification for power of those in authority, placing scientists at the center of politics. Galileo’s confrontation with the Catholic Church comes immediately to mind, but tensions between scientists and political authorities erupt with relative frequency. One of the early figures of the English Enlightenment, Thomas Hobbes, fled to Paris over concern about how his political works would be taken by Parliament (Hobbes was a royalist, and hostile to the Catholic Church).

Editorials: California took a radical step to fix gerrymandering. Did it work? | Washington Post

This redistricting process is as old as the republic, enshrined in the Constitution. It has been controversial from the start and vulnerable to distortion. Politicians with the power to draw the lines have done so to gain advantage — whether that meant ensuring that incumbents were reelected or that the political party in power produced districts that gave them a disproportionate share of the seats.This term, the Supreme Court is considering the role of partisanship. But is there a fair and equitable way to draw these district lines? Some states, California being the biggest, have decided the only way to produce fairer lines is to try to take politicians out of the process. Every redistricting cycle has produced oddly shaped districts, with lines snaking here and there across counties and neighborhoods. To the naked eye, there is no logic to the lines. To those who have drawn them, they are designed to give somebody, some group or some party an advantage, or to assure that racial minorities receive adequate representation.

Editorials: The Battle for Voting Rights Lives On | Jonathan Bernstein/Bloomberg

The first thing to know about the Supreme Court decision that allows Ohio to purge its voter rolls is that it was a case of statutory construction, not constitutional interpretation. The justices were only trying to figure out what ordinary laws say, not what the Constitution means. … The second thing to know is that the Constitution doesn’t matter here in large part because there is no established constitutional right to vote for Ohio or anyone else to violate. Should there be? Yes. While Scott Lemieux points out the limits of advocating for and even passing a constitutional amendment making a right to vote explicit, there’s an excellent case to be made that such a right is already right there in the Constitution — indeed, that it is fundamental to the entire project the Framers were undertaking, even if, for them, that right was severely restricted, something that the 15th, 19th and 26th amendments corrected. The Constitution certainly does not require direct election for all offices, but it does require that all offices, directly or indirectly, get their authority from popular elections, which to me at least strongly implies that voting is fundamental to their notion of a republic. (I should remind everyone at this point that “republic” and “democracy” are best treated as synonyms, regardless of the vocabulary folks used in the 18th century, when they had a lot less experience with these things.)

Editorials: The Ohio Purge and the Future of Voting | Dale Ho/The New York Times

On Monday, the Supreme Court ruled 5 to 4 to uphold Ohio’s program of canceling registrations of infrequent voters — a decision that history shows disproportionately strikes minority and low-income voters from the rolls. Under Ohio’s program, which a federal appeals court had struck down as violating the National Voter Registration Act, registered voters who don’t cast a ballot in two years are sent a notice asking them to confirm that they still reside at the same address. If they don’t respond, and then fail to vote in the next two federal elections, they are assumed to have moved to a different county and are excised from the rolls.

Editorials: In Ohio, Supreme Court delivers GOP a victory in the war on voting | The Washington Post

Imagine this scenario. Like many people, you didn’t bother voting in the last election or two, because you were busy, or none of the races really interested you, or maybe you’re in the military and were stationed overseas, or maybe you just haven’t gotten around to it for a while. You vaguely remember getting a notice about your registration from the state board of elections, but you threw it away with the other junk mail. You know you’re registered, so there shouldn’t be a problem. Then, on the next Election Day, you show up to vote only to discover that you’ve been “purged.” Because you didn’t vote for a time and you didn’t return that letter, the state has kicked you off the voting rolls. Today, the Supreme Court said that’s just fine.

Editorials: South Carolina must act to make voting more secure | The Times and Democrat

The General Assembly turned down a request from the State Election Commission and Gov. Henry McMaster to expedite the replacement of the state’s aging voting machines, providing only $4 million of a $20 million request to get going on a project expected to cost about $50 million over two years. With heightened concerns over election tampering, lawmakers should reconsider their decision as soon as possible. Even if all of the funding was provided next year, the earliest South Carolina voters would have access to the new machines that produce a paper trail of their votes would be the November 2020 general election. The state is unlikely to have the new machines in time for the 2020 presidential primaries or other contests held before that time.

Editorials: North Carolina voter photo ID bill is vague and leaves lots of questions | Gerry Cohen /News & Observer

There are important questions to be resolved before the legislature votes to put voter photo identification in the state Constitution via referendum. The ballot question says, “Every person offering to vote in person shall present photo identification before voting in the manner prescribed by law.” This language appears to not allow exceptions for those without ID or those who have lost them, as the 2013 law did. Will it be a “hard ID” like that struck down in federal court, or a “soft ID” like the 2013 House version that allowed student ID, public assistance ID or employer ID? Will there be a tedious provisional ballot process?

Editorials: Ohio’s voter purges were upheld by the Supreme Court. That doesn’t make them defensible. | Daniel Nichanian/NBC

Only 41 percent of registered voters went to the polls in Ohio’s 2014 general elections; the following year, just 43 percent voted. In the face of these abysmal rates, state officials should be focused on engaging the electorate and improving participation. But Ohio instead treats a failure to vote over such a two-year period as sufficient reason to trigger the process of removing someone from the voter rolls entirely. And on Monday, the Supreme Court ruled that doing so was perfectly legal. Registered voters in the state who have not cast a ballot over two years are — and will continue to be — sent a notice by the local election board to confirm their registration. If they do not respond to the notice, and if they do not engage the electoral process over the following four years, they are purged from the voter registration lists.

Editorials: Voter registration is useless. So let’s get rid of it. | Knut Heidar/The Washington Post

The automatic right to vote should be the essence of democracy. But it doesn’t exist in the United States — unless you remember to register. The problem is that about one in five U.S. citizens are eligible to vote but not registered. This makes turnout at elections in the United States much lower than in western Europe, shutting out significant voices in the democratic process. This democratic deficit deprives the less resourceful part of the population of its most central political right. It affects political campaigns as well as the election results. Candidates formulate policies and compete for office on the basis of policies targeting only registered voters. The unregistered are secondary citizens and excluded from the national “we.” But there is an easy way to ensure voting rights: automatic voter registration.

Editorials: A ticking clock on Virginia redistricting | Richmond Times Dispatch

The Virginia Supreme Court’s decision upholding 11 challenged legislative districts shows just how high a bar opponents of gerrymandering need to clear. The anti-gerrymandering group OneVirginia2021 brought the case, arguing that the 11 districts violated the state’s constitutional requirement that districts must be compact. It brought in experts who testified that the districts failed to meet various statistical tests for compactness. For instance, Michael McDonald argued that reducing the compactness of an ideally compact district by more than 50 percent in order to meet other considerations not required by the Virginia Constitution meant that those latter considerations predominated over compactness — and any such predomination was unconstitutional.

Editorials: California’s open primaries are a cautionary tale about political reform | Dan Balz/The Washington Post

At a time of broken politics and polarization, the impulse to seek out reforms to the political process is understandable. California, which will hold important primary elections on Tuesday, offers a cautionary tale about how good intentions alone are not enough. Eight years ago, California voters approved a ballot initiative establishing a new open primary system. The new system called for primary contests in which all candidates from all parties would be listed on the same ballot. The top two finishers, regardless of party, would advance to the November election. Then-Gov. Arnold Schwarzenegger (R) hailed the initiative’s passage as a vehicle that would change the political complexion of the state legislature and the congressional delegation. He and other proponents claimed that it would lead to the nomination and ultimately the election of candidates who were more moderate — center-left and center-right, rather than far left and far right.

Editorials: The Russians are coming for our elections, and Florida is still not ready to fight back | Miami Herald

The Russians are ready for the midterm elections. Are we? The August primaries loom, with the general election in November soon after. But the state is getting a late start in protecting its voting system from tampering. Though county elections supervisors across the state have been persistent in their pleas for state help, too many state leaders, from lawmakers to the secretary of state, either dragged their feet in, or rejected outright, taking steps to assure Floridians that they can vote with confidence and that the integrity of the election process is paramount. To his credit, Gov. Rick Scott has stepped up, demanding that the state request the $19.2 million in federal funds available to harden the state’s voting system. Congress included $380 million in its 2018 budget bill for the U.S. Election Assistance Commission to distribute to the states. President Trump signed the budget bill in March. Scott rightly overruled Secretary of State Ken Detzner and his oblivious announcement last month that Florida would not seek those much-needed funds.

Editorials: Florida should fight harder against cyber attacks on voting system | Tampa Bay Times

Less than three months from the primary election, it is entirely unclear whether Florida is adequately prepared to fend off any cyber attacks that could compromise the results. Sen. Marco Rubio has his doubts, the state has yet to receive millions in federal dollars to improve security and county elections supervisors acknowledge they are scared. With the federal investigation continuing into Russia’s meddling in the 2016 presidential election, Gov. Rick Scott and state officials should accelerate efforts this summer to ensure voters can have confidence in the integrity of this year’s election. The state’s track record so far is not encouraging. The Legislature failed to approve money for the five cyber security experts Scott wanted to hire even though the Times/Herald Tallahassee Bureau reported last year that five Florida counties were targeted in unsuccessful Russian attacks in 2016. Counties are still buying and installing sensors that can monitor and detect — but not stop — electronic attacks with $1.9 million in federal money sent by the state. And just last week, Scott overruled the state’s top elections official and declared the state will belatedly seek another $19 million in federal money to help counties further secure election systems.

Editorials: Russia will try again this fall. Congress doesn’t seem to care. | Karen Tumulty/The Washington Post

When top intelligence officials went to Capitol Hill one morning this week to give House members a classified briefing on the security of the upcoming elections, only 40 or so bothered to show up. In other words, 9 out of 10 lawmakers thought they had better things to do than listen to an assessment of threats to the integrity of a closely contested midterm that is less than six months away. “Well, it was at 8 o’clock,” Homeland Security Committee Chairman Michael McCaul (R-Tex.) said.

Editorials: America’s elections are vulnerable to manipulation. And Trump is making it worse. | Brian Klaas and Nic Cheeseman/The Washington Post

In 166 days, Americans will go to the polls to elect the next Congress. It will be one of the most consequential votes in modern history. If Republicans retain control of the House and Senate, President Trump will feel vindicated and emboldened, while reluctant “Never Trump” Republicans will be tempted to hold their noses and embrace a winner. But if Democrats take back at least one congressional chamber, Republicans may begin to stand up to a president who promised endless “winning” — but lost instead. Regardless of which party you’re rooting for, all Americans should be able to agree on one thing: The vote must be clean and free of manipulation. In a democracy, citizens must never accept rigged elections. In our new book, “How to Rig an Election,” we showcase striking findings from our research: A large number of elections across the globe are heavily manipulated. Increasingly, elections are becoming contests that are designed so that only the incumbent can win. Across the world, the opposition wins elections only about 30 percent of the time – and the figures are much, much lower in Africa, Southeast Asia, the Middle East and post-Soviet Eastern Europe. Elections without democracy has become the new normal. Nonetheless, don’t make the mistake of thinking that American elections, or those in Britain, are perfect. They aren’t.

Editorials: Will Foreign Activists Sway Ireland’s Abortion Vote? | Jochen Bittner/The New York Times

This Friday, Irish voters will decide whether to change their constitution to legalize abortion during the first 12 weeks of pregnancy. The debate itself contains few new arguments; instead it circles around a question most other European countries have asked themselves over the past 40 years: What is the proper balance between the mother’s right to self-determination and the unborn child’s right to life? But there’s another question, less about the substance of the issue and more about the campaign around it: In an era of global social media and well-funded foreign activists, what does it mean for a country to hold a vote at all? And if a democracy is no longer insulated from foreign influence, what integrity can any referendum claim? Forget hacking and illegal vote-buying. What’s happening in Ireland is more transparent, but also, for that reason, more troubling.

Editorials: How to Steal an Election in Broad Daylight | Nic Cheeseman and Brian Klaas/Foreign Policy

In Ukraine’s 2004 presidential election, droves of voters turned out in opposition strongholds, hoping to oust the incumbent, Viktor Yanukovych. Upon arrival at their assigned polling stations, they received their crisp ballot papers and pens to mark them with. They dutifully ticked the box for the opposition — and against the ruling regime. Then, they slipped their cleanly marked ballot papers into the ballot box to be counted. Having done their democratic duty, they left. Four minutes later, their ballots were blank. Although the opposition voters didn’t know it, they had been given pens that were filled with disappearing ink. The ballot boxes were filled with stacks of unmarked ballots. Despite such dirty tricks, Yanukovych eventually lost. Election observers noticed the disappearing ink trick — and many others — leading to the election being rerun. But Yanukovych’s defeat was unusual; incumbents win most elections these days for two reasons. First, they enjoy many legitimate advantages, such as the ability to set the political agenda. Second, a remarkably high proportion of elections are rigged. Most incumbents have learned to transform elections from a threat to their grip on power into something that can instead be used to tighten it. They’ve figured out how to rig an election, leading to the greatest political paradox of our time: There are more elections than ever before, and yet the world is becoming less democratic.

Editorials: Maryland election law needs a serious upgrade | Baltimore Sun

There are some big things that are wrong with the way Marylanders elect candidates to office. We hand the drawing of legislative and congressional district lines to self-interested politicians who abuse the process to bolster their political parties, reward friends and punish enemies. And we have a campaign finance system that magnifies the influence of wealthy special interests. Those are foundational problems in our political system, and the possible solutions to them — redistricting reform and publicly financed campaigns — have proven to be difficult to enact. But this year’s elections have uncovered some dumb problems that are eminently fixable.

Editorials: California’s ‘jungle primary’ isn’t working. We need election reform 2.0 | Andrew Gumbel/Los Angeles Times

As California hurtles toward its state primary June 5, it is obvious there’s a problem. Its open primary system — which sends the top two vote-getters to the general election, regardless of party affiliation — is not working as intended and risks throwing the midterm election into acrimony and confusion. This system is called a “jungle primary” for a reason: It is brutal and unpredictable. In three high-profile House races, there are so many candidates from the two major parties eating into one another’s support that the election results may end up owing more to chance than any discernible will of the people. Polls show that Democrats have an excellent chance of capturing the Southern Californian seats being vacated by Ed Royce (R-Fullerton) and Darrell Issa (R-Isla Vista) and have a good shot at unseating Dana Rohrabacher (R-Huntington Beach). These are all bona fide swing districts that surely deserve an up-and-down contest between a Republican and a Democrat in November.