The @WSJ is out with an editorial today slamming the historic democracy reforms in #HR1 with the same tired arguments they and others have deployed many times before. Let’s take them one by one, shall we? 1/many
First, we have dog whistle arguments about “California-style election rules” —a/k/a rules that make it easier for all eligible voters to cast their ballots, even voters who — gasp — need food stamps.
Virtually all of these changes have already been adopted in many states of varying political hues. Automatic voter registration, one of the most significant, passed the Illinois House unanimously.
Suffice to say, there is no evidence that any of these reforms significantly increase the risk of ineligible people voting, or that higher turnout always favors Dems (2020 turnout smashed records even as the GOP did far better than expected in down ballot races, including in CA)
If you want to learn more about automatic voter registration and some of the other common sense voting reforms in HR1, here is our analysis: brennancenter.org/our-work/polic…
Moving on to redistricting, we have the argument that independent nonpartisan commissions are actually some sort of plot to favor Democrats, but again that’s just not true.
The CA commission derided in the editorial drew one of the most responsive congressional maps in the country, as my colleagues have documented, and as we saw with the Republicans winning back 4 of the 7 seats they lost in 2018. brennancenter.org/our-work/resea…
On the campaign finance provisions requiring more transparency for big campaign donors and spenders, the WSJ repeats the canard that somehow transparency will lead to these donors being persecuted. Again, there is scant evidence to back up this claim.
Donors who face an actual risk of harassment or reprisals are constitutionally entitled to an exemption.
Of course, criticism for one’s political acts is not the same as persecution (nobody would say that the corporations withholding donations from lawmakers who tried to subvert our democracy last week are persecuting them).
As J. Scalia said, transparency “fosters civic courage, w/o which democracy is doomed.” He was among 8 justices who upheld transparency in Citizens United. The entire logic of that ruling permitting vastly more campaign spending was that donors paying for it would be disclosed
Transparency rules, including those for online platforms that HR1 calls for, also help to detect and prevent the efforts of foreign governments to manipulate the U.S. electorate. brennancenter.org/our-work/polic…
The idea that HR1 would promote a partisan takeover of the @FEC, our dysfunctional campaign finance regulator, is also spurious. It actually contains far more safeguards to prevent a partisan takeover than exist under current law, as I have explained: thehill.com/opinion/campai…
Finally, the WSJ attacks DC and Puerto Rico statehood (which HR1 calls for) on the grounds that they might vote Democratic, as if partisan affiliation were a justification for disenfranchising people and denying them control over their own affairs
(Actually, Puerto Rico routinely elects Republicans; DC might too, if Republicans competed for votes there instead of constantly denigrating the city and it’s inhabitants).
Nor is the Constitution an obstacle to DC statehood, as this memo outlines
aclu.org/archive-docs/a…
So there you have it. None of these are new arguments, and they aren’t getting any better with age. They shouldn’t deter anyone from supporting the critically reforms needed to shore up our democracy. FIN

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More from @DanWeiner329

23 Dec 20
Apropos of nothing, #pardon accountability is a critical rule of law reform law that needs to be a priority. Here is the proposal crafted by our bipartisan task force co-chaired by @PreetBharara and @GovCTW. #pardons #pardonpalooza brennancenter.org/our-work/polic…
Important to acknowledge that pardon abuse isn’t a new problem, but as usual this president has taken it to a new level. That’s been true for a while. brennancenter.org/our-work/analy…
Fortunately, there is excellent legislation already pending before Congress, the Protecting our Democracy Act, which addresses pardons among a number of critical issues. It deserves swift passage.
Read 4 tweets
6 Sep 20
This is called “giving in the name of another” and if knowing and willful, it’s a federal crime to do or ask others to do. washingtonpost.com/investigations…
Of course there is no way to be sure just from a news article if that’s what happened here. But even if lawbreaking wasn’t intentional, it is still deeply troubling (I’d certainly like to know which “former FEC general counsel” told them it was ok).
The problem, of course, is that we don’t have a functional regulator in this space—the @FEC is completely broken. That fosters a culture of impunity where deeply troubling conduct like this becomes a perfectly acceptable way to get ahead.
Read 5 tweets
26 Jun 20
With @FEC Commissioner Hunter resigning, we are heading into November with one of the frontline agencies charged with protecting the integrity of our elections once again immobilized, during a pandemic that has turned the whole campaign on its head. It’s like a perfect storm.
The FEC has been without a quorum for most of the last 10 months. No enforcement of campaign finance laws. No rulemakings. No guidance for candidates who are having to cope with a campaign that has shifted to being largely online.
Meanwhile the Kremlin and other foreign governments are gearing up for a disinformation campaign that could dwarf what we saw in 2016.
Read 8 tweets
27 May 20
The Constitution is not a suicide pact. During the unprecedented #COVID__19 pandemic, Congress (and its state counterparts) must be able to continue to play their essential role. It’s sad that we can’t seem to come together even around this basic principle.
The rules Leader McCarthy is suing to overturn do not allow one member to “control” another’s vote, as he argues. They allow the member who is present to cast the vote of the absent member pursuant to the absent member’s specific instructions. Big difference
As @VBass and I argued in a paper released last week, proxy voting isn’t ideal under ordinary circumstances, but it’s an acceptable short-term solution (full virtual session a la the British and Canadian parliaments would be even better) brennancenter.org/our-work/resea…
Read 5 tweets
9 Dec 19
Great piece from the AP’s @BrianSlodysko on Sen. Ernst’s apparent ties to a so-called dark $$ group. Very timely as well, given that we are approaching the 10th anniversary of the Supreme Court’s Citizens United decision. apnews.com/eeb44fc06b0cb2…
CU’s core holding was that so-called “independent” spending does not pose a sufficient risk of corruption to justify any sort of limit. To the extent there are any legitimate concerns for our political system, they could be solved through transparency.
The Court seems to have assumed that groups like Iowa Values would be truly independent from candidates, and that they would be required to disclose their sources of funding — but they were wrong on both counts, as my colleagues have previously explained. brennancenter.org/our-work/resea…
Read 7 tweets

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