“South Carolina latest state to use congressional map deemed illegal”

Patrick Marley for WaPo:

In a scenario that has played out in three states in recent years, a federal court ruled Thursday that time had run out to draw a new congressional district in South Carolina and that the state would have to proceed this fall with an existing election map the court had previously deemed illegal.

The ruling echoes redistricting cases in other Southern states where courts found that congressional maps violated the voting rights of Black voters and other people of color but allowed them to be used anyway, at least temporarily. In recent years, that happened in Alabama, Georgia and Louisiana.

In the latest instance, a panel of three judges decided to let South Carolina use a new map drawn by the Republican-led legislature because the Supreme Court had not yet decided an appeal that will ultimately determine how the district should be drawn. Voting rights advocates decried the ruling, saying it is unjust to hold even one election in districts that are unconstitutional.

“Once an election happens, you kind of can’t get back that election,” said Leah Aden, senior counsel for the NAACP Legal Defense Fund, which brought the South Carolina lawsuit.

The ruling came a day after a different federal court upheld a congressional map in Florida that favors Republicans and erases a seat held by a Black Democrat.Those decisions, along with others in recent months, mean the congressional maps for 2024 are largely set. Republicans narrowly control the House, and voters this fall will decide whether to let them keep it.

Also Thursday, a federal appeals court issued a ruling that all but ensures North Carolina will use state legislative maps this fall that Democrats and voting rights advocates say dilute Black representation in the statehouse.

Michael Li, senior counsel for the Brennan Center’s Democracy Program, said appeals take so long that states sometimes get a chance to use illegal maps for one or two election cycles before they are forced to draw new ones.

“It’s becoming more common,” he said. “Courts used to go out of their way to have voters not vote on a map that had been deemed illegal. Now, unless you get everything resolved, you have to vote on a map that is illegal. The courts can undermine voters’ rights through the process.”…

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“Crystal Mason: Texas woman sentenced to five years over voting error acquitted”

Great news from Sam Levine, who has been all over this story for years:

A Texas appeals court has thrown out a five-year prison sentence for Crystal Mason, a Texas woman who was sentenced for trying to cast a provisional ballot in the 2016 presidential election that was rejected.

Mason, now 49, attempted to vote in Fort Worth in the 2016 even though she was ineligible because she was still on supervised release – which is like probation – for a tax felony. She has always maintained she had no idea she was ineligible and only tried to cast a ballot because her mother urged her to.

A judge convicted her in a 2018 trial that lasted just a few hours.

Mason’s case became well known nationally and struck a chord as an example of an egregious punishment for a voting mistake.

In 2022, Texas’s highest criminal court told a lower appellate court it had to reconsider a ruling upholding Mason’s conviction. On Thursday, that court said there was not sufficient evidence Mason knew she was ineligible to vote.

“We conclude that the quantum of the evidence presented in this case is insufficient to support the conclusion that Mason actually realized that she voted knowing that she was ineligible to do so and, therefore, insufficient to support her conviction for illegal voting,” Justice Wade Birdwell wrote for the court in its Thursday ruling….

Read the ruling.

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Campaign Finance Vouchers Do Not Expand the Diversity of Donors: Evidence from Seattle

As I’ve written before, a mistake many political reformers make is in assuming that most citizens are as engaged in politics as the reformers are, or would be if given the appropriate opportunities. A new paper on the Seattle campaign voucher system concludes that providing campaign vouchers to all citizens does not increase the diversity of those who donate to campaigns. Abstract here:

Donating to a campaign is inherently costly, and as a result the composition of campaign donors differs from the composition of the electorate. What happens when the financial barriers to campaign finance participation are removed? This paper analyzes Seattle’s recent campaign finance reform, where all registered voters receive four $25 vouchers to donate to candidates abiding by stricter campaign finance restrictions. Utilizing individual- and census block group-level data combined with administrative donation records, I find that those most mobilized by the availability of vouchers belong to groups already overrepresented within the donor pool. This finding is significant across race, income, past political participation, age, and partisanship. In some cases, the availability of vouchers appears to pull the donor pool further from parity with the larger electorate.

 
https://www.cambridge.org/core/journals/american-political-science-review/article/campaign-finance-vouchers-do-not-expand-the-diversity-of-donors-evidence-from-seattle/BD8E21A4B646DE4EA56BF8787DF0FF81
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“GOP official who claimed 2020 election was stolen voted illegally 9 times, judge rules”

WaPo:

 Georgia Republican official who pushed false claims that the 2020 election was “stolen” was found to have voted illegally nine times, a judge ruled this week.

Brian Pritchard, first vice chairman of the Georgia Republican Party, was ordered to pay a $5,000 fine, as well as investigative costs, and be publicly reprimanded.

Pritchard had been sentenced in 1996 in Pennsylvania to three years’ probation for felony check forgery charges. His probation was revoked three times — once in 1999, after he moved to Georgia, and again in 2002 and 2004. In 2004, a judge imposed a new seven-year probationary sentence on Pritchard, thus making him ineligible to vote until at least 2011 in Georgia, where state law prohibits felons from voting.

Despite that, court documents showed that Pritchard signed voter registration forms in 2008 in which he affirmed that he was “not serving a sentence for having been convicted of a felony involving moral turpitude.” He then cast ballots in four Georgia primary and general elections in 2008, as well as five special, primary and general elections in 2010.

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“Prioritizing the People in the Procurement of Election Infrastructure”

Dennis Mema has posted this draft on SSRN (53 Pub. Con. L. J. 261 (2023)). Here is the abstract:

The continuous and successful holding of elections stands as one of the foundational pillars of American democracy. In the two decades since the passage of the Help America Vote Act (HAVA), federal, state, and local actors have worked in tandem to improve election administration, and, through funding provided by Congress to the U.S. Election Assistance Commission (EAC), states have been given the means to implement federal best practices. However, there exists a glaring gap wherein many states have diverged from both federal best practices and the behavior of other states—the procurement of election infrastructure such as ballots, voting machines, and tabulators. The procurement processes of some states impose inefficiencies or otherwise negatively impact the administration of elections, while the processes present in others can much more effectively facilitate the resolution of these issues. These processes can have a direct impact on voting rights and the security of election administration. Congress should create a federally implemented procurement standard within HAVA that states must meet in order to receive additional EAC funding; by doing so, the interests of all American voters may be protected at the highest level.

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Amid SCOTUS’s Continued Silence, Federal District Court in South Carolina Racial Gerrymandering Case Will Allow Congressional Election to Go Forward Under District It Held Illegal

Here is the order: The present circumstances make it plainly impractical for the Court to adopt a remedial plan for Congressional District No. 1 in advance of the military and overseas absentee ballot deadline of April 27, 2024 mandated under… Continue reading

Judge Recommends John Eastman Be Disbarred, and Pay a Sanction of $10,000, for His Conduct Seeking to Subvert the 2020 U.S. Presidential Election

From the 128-page opinion: As an initial matter, the court rejects Eastman’s contention that this disciplinary proceeding and Eastman’s resultant discipline is motivated by his political views or his representation of President Trump or President Trump’s Campaign. Rather, Eastman’s… Continue reading