Why 2023 was a ‘very, very’ good year for voter access

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Jan 18, 2024 View in browser
 
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By Zach Montellaro

Voting booths in Concord, N.H. during the primary on Feb. 11, 2020.

Voting booths in Concord, N.H. during the primary on Feb. 11, 2020. | Joseph Prezioso/AFP via Getty Images

POLL TESTING — Well over 100 million Americans will head to the polls this year — and some of them two or even three times, depending on how their state structures its primaries.

And by-and-large, states made it easier in 2023 for voters to participate.

A new report from the Institute for Responsive Government, a left-leaning nonprofit that advocates for “pro-voter policies,” is out with its election policy progress reports for all fifty states and Washington D.C. The findings, shared first with Nightly, point to many states across the map making what they deem to be improvements to their voting laws, even if it is incremental.

“This is going to be a tough presidential election, there’s going to be a lot of anti-democracy mishegoss in the air that everyone is going to be thinking about 24/7,” Sam Oliker-Friedland, the group’s executive director and a former Department of Justice civil rights division attorney, said. But “I want us to go into the 2024 cycle knowing that 2023 was overall a very, very good year.”

IRG has a fairly unique methodology for ranking states’ voter access laws. States are given a letter grade, but instead of it being a pure state-to-state comparison — like states with generally accepted expansive voter access, like a California or a Utah, automatically get an A and the most restrictive states get an F — states are grouped into three tiers that take baseline voter access into account, and then get a letter grade based on how they moved from there.

So California — labeled a top-tier state for access — received just a C as “other western states have continued to pass more substantial pro-voter policies while California falls behind,” while bottom-tier Kentucky earned a B for bipartisan — if sometimes incremental — election reforms.

“The goal is not … ‘red state bad, blue state good,’” said Neal Ubriani, the organization’s policy and research director and another former DOJ civil rights division attorney. “Let’s look at what a state actually did in the past year and see is the arrow pointing up? Is the arrow pointing down? And let’s realistically assess what’s reasonable for a state to accomplish.”

Oklahoma, for example, got a C+ — a relatively favorable grade in this report — after launching an online voter registration system and bumping up criminal charges for people who threaten election workers. “Oklahoma is a legislature that I know is getting a lot of pressure to do a lot of bad things for voters,” said Oliker-Friedland, noting it has a Republican supermajority. “There are ways for those folks to do good, pro-voter work in ways that are politically authentic to them.”

IRG scored states on a handful of voter-facing policies — like if there is an automatic voter registration and access to mail voting — along with back-end policy decisions that voters don’t directly interact with, like adequately funding election offices and membership in the Electronic Registration Information Center (ERIC), an interstate vote list maintenance program that was targeted by former President Donald Trump and his allies in 2023.

Notably, the ranking doesn’t consider changes to campaign finance law and redistricting.

Three states scored A+’s in 2023 — Michigan, New Mexico and Minnesota — after implementing things like secure automatic voter registration, re-enfranchisement for formerly incarcerated felons or expanding early voting — all policies generally favored by liberal-leaning reformers for expanding the franchise. All three states, too, remained members of ERIC.

“This year was amazing in terms of the level of pro-voter policy that passed both in red states and blue states,” said Ubriani. “Obviously, there was some backsliding in certain states. But I feel much better about the level of access that voters have in 2024 compared to 2022 and 2020.”

Welcome to POLITICO Nightly. Reach out with news, tips and ideas at nightly@politico.com. Or contact tonight’s author on X (formerly known as Twitter) at @ZachMontellaro.

 

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What'd I Miss?

— House sends yet another shutdown-averting bill to Biden’s desk: The House cleared a stopgap spending bill today that officially keeps federal agencies funded through early March, sending the measure to President Joe Biden’s desk. The chamber approved the shutdown-averting legislation hours after the Senate’s relatively speedy passage, with lawmakers hoping to avoid travel complications caused by an impending snowstorm set to bear down on Washington, D.C. The measure, known as a continuing resolution, passed with mostly Democratic support in a 314-108 vote, a point sure to irritate conservatives who are already fuming over spending.

— Judge hints at delay for Trump’s March trial date in federal election case: The judge overseeing the federal criminal case against Donald Trump for attempting to subvert the 2020 presidential election indicated today that the March 4 trial date is unlikely to hold. In a six-page order, U.S. District Judge Tanya Chutkan barred special counsel Jack Smith from filing substantive new motions while Trump is seeking to have the case thrown out on “presidential immunity” grounds.

— Justice Department report finds ‘cascading failures’ and ‘no urgency’ during Uvalde, Texas, shooting: Police officials who responded to the deadly school shooting in Uvalde, Texas, “demonstrated no urgency” in setting up a command post and failed to treat the killings as an active shooter situation, according to a Justice Department report released today that identifies “cascading failures” in law enforcement’s handling of one of the deadliest massacres at a school in American history. The Justice Department report, the most comprehensive federal accounting of the haphazard police response to the May 24, 2022, shooting at Robb Elementary School, identifies a vast array of problems from failed communication and leadership to inadequate technology and training that federal officials say contributed to the crisis lasting far longer than it should have.

— Judge in Trump’s Georgia case orders DA to respond to allegations of impropriety: The judge overseeing the Fulton County prosecution of former President Donald Trump and numerous co-defendants has directed District Attorney Fani Willis to respond to allegations that she is in a romantic relationship with one of the lead prosecutors and has violated ethics rules. Judge Scott McAfee ordered Willis to file a written response by Feb. 2. He said he will hold a hearing on the allegations on Feb. 15.

Nightly Road to 2024

REGRETS, HE HAS A FEW — Ron DeSantis wishes he could have a do-over with the media, reports POLITICO. In an interview today with radio host Hugh Hewitt, the Florida governor expressed regret over how his presidential campaign had initially shunned most news outlets in favor of friendly, conservative platforms. His admission was an unusual moment of self-reflection for the governor, who frequently derides the mainstream media as biased against him.

14TH AMENDMENT UPDATE — Nearly 200 congressional Republicans, including Senate Minority Leader Mitch McConnell, have joined a Supreme Court brief urging the court to side with former President Donald Trump on the question of if he is eligible to be on Colorado’s ballot in the 2024 election, POLITICO reports. The Supreme Court agreed to review a December ruling by a Colorado court that barred former President Donald Trump from appearing on the state’s Republican primary ballot because of his role in the Jan. 6, 2021, attacks on the U.S. Capitol. The Colorado court cited the 14th Amendment’s prohibition on someone holding “any office … under the United States” if he has “engaged in insurrection.”

NO THANKS — No Labels national co-chair Joe Lieberman said today that the nonpartisan group would consider Nikki Haley to be part of their potential unity presidential ticket if she’s interested, POLITICO writes. He said that based on her record as governor of South Carolina and as ambassador to the United Nations, “Governor Haley would deserve serious consideration” to be part of their ticket if she were interested. “We have no idea whether she would be,” he added. Haley, a lifelong Republican and former cabinet member in the Trump administration, is currently engaged in an increasingly contentious primary fight against Donald Trump. And her campaign swiftly batted down the idea that she’d run under the No Labels banner.

THE NEVADA PLAY — Nevada Gov. Joe Lombardo told The Nevada Independent today that he plans to caucus for former President Donald Trump and will vote “none of the above” in the state-run primary. Lombardo made the comments in an interview less than a month before Nevada’s Republican presidential primary and a separate Republican caucus two days later, noting that he planned to participate in both contests to maintain his voting record with the state and caucus for Trump.

AROUND THE WORLD

A local resident points to a mountain in Pakistan's southwest Baluchistan province where Iran launched an airstrike.

A local resident points to a mountain in Pakistan's southwest Baluchistan province where Iran launched an airstrike. Pakistan launched deadly strikes today against militant targets in Iran in retaliation for Iranian air raids on its territory. | Banaras Khan/AFP via Getty Images

PAKISTAN RETALIATES — Pakistan’s air force launched retaliatory airstrikes early today on Iran allegedly targeting militant positions, an attack that killed at least seven people and further raised tensions between the neighboring nations.

The strikes in Sistan and Baluchestan province follow Iran’s attack Tuesday on Pakistani soil that killed two children in the southwestern Baluchistan province.

The strikes imperil diplomatic relations between the two neighbors, as Iran and nuclear-armed Pakistan have long regarded each other with suspicion over militant attacks.

The attacks also raised the threat of violence spreading in a Middle East unsettled by Israel’s war with Hamas in the Gaza Strip. Iran also staged airstrikes late Monday in Iraq and Syria over an Islamic State-claimed suicide bombing that killed over 90 people earlier this month. Iraq has recalled its ambassador from Iran for consultations.

Pakistan’s Foreign Ministry described their attack as “a series of highly coordinated and specifically targeted precision military strikes.”

ONE STATE SOLUTION — Israeli Prime Minister Benjamin Netanyahu said today he has told the United States that he opposes the establishment of a Palestinian state as part of any post war scenario, underscoring the deep divisions between the close allies three months into Israel’s assault on Gaza aiming to eliminate its Hamas rulers.

The U.S. has called on Israel to scale back its offensive and said that the establishment of a Palestinian state should be part of the “day after.”

But in a nationally broadcast news conference, Netanyahu vowed to press ahead with the offensive until Israel realizes a “decisive victory over Hamas.” He also rejected the idea of Palestinian statehood. He said he had relayed his positions to the Americans.

“In any future arrangement … Israel needs security control [of] all territory west of the Jordan,” Netanyahu told a nationally broadcast news conference. “This collides with the idea of sovereignty. What can you do?”

 

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Nightly Number

320

The number of journalists imprisoned around the world for their work, according to a report released today from the Committee to Protect Journalists. That’s down from 367 in 2022, but remains the second-highest number since the organization began tracking in 1992.

RADAR SWEEP

MOON SNIPER — The Japan Aerospace Exploration Agency’s Smart Lander for Investigating Moon is scheduled to have a moon landing tomorrow, in the country’s first attempt to put a robotic explorer on the surface. If successful, Japan would be the third country to accomplish this and the fifth country to soft land a spacecraft on the moon’s surface. The spacecraft, called “Moon Sniper,” is designed to have a “pinpoint” landing, in what the subdesigner described as a “breathless, numbing 20 minutes of terror.” CNN’s Jackie Wattles and Ashley Strickland dive into the history of Japan’s mission to land a spacecraft that all leads up to tomorrow at 10 a.m. ET.

Parting Image

On this date in 1991: U.S. soldiers drive Bradley Fighting Vehicles drive through Saudi Arabian desert as Operation Desert Storm begins.

On this date in 1991: U.S. soldiers drive Bradley Fighting Vehicles drive through Saudi Arabian desert as Operation Desert Storm begins. | Mikami/AP

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