Florida, Missouri Try To Create Massive Stink About DOJ Election Monitors

Two GOP-governed states are suggesting that federal election monitors are not welcome to observe their polling places on Tuesday.

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Same As Its Ever Been

There’s a real oddity for us, or at least to me, about this moment in our history. “Vote fraud” propaganda and voter suppression have been central issues in TPM’s coverage literally from day one, going back 22 years now. So all the different misleading and disingenuous games, the ways to fool people about alleged fraud, the ways to use the numbers to bamboozle people — we’ve been writing about all of these for years. But now what was a matter of relatively marginal mainstream media interest is the very center of the story. In stories like the one below and this one yesterday we see the same old — really, ancient story — “vote fraud” propaganda and suppression tactics targeting largely African-American cities — in this case Detroit and Philadelphia. So, from an editorial point of view, we find ourselves explaining to longtime readers points we were explaining and reporting on back in 2002 and 2006 and 2016.

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Pelosi Says Attack Will Affect Her Decision On Whether To Retire

House Speaker Nancy Pelosi (D-CA) signaled on Monday that the violent assault on her husband, Paul Pelosi, on Oct. 28 will be factored into her decision on her political future.

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How Tennessee Disenfranchised 21% of Its Black Citizens

This article first appeared at ProPublica. ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

Leola Scott recently decided to become a more active citizen. The 55-year-old resident of Dyersburg, Tennessee, was driven to action after her son was stabbed to death and nobody was charged.

In August, Scott tried to register to vote. That’s when she learned she’s not allowed to cast a ballot because she was convicted of nonviolent felonies nearly 20 years ago.

One in five Black Tennesseans are like Scott: barred from voting because of a prior felony conviction. Indeed, Tennessee appears to disenfranchise a far higher proportion of its Black residents — 21% — than any other state.

The figure comes from a new analysis by the nonprofit advocacy group The Sentencing Project, which found that Mississippi ranks a distant second, just under 16% of its Black voting-eligible population. Tennessee also has the highest rate of disenfranchisement among its Latino community — just over 8%.

While states around the country have moved toward giving people convicted of felonies a chance to vote again, Tennessee has gone in the other direction. Over the past two decades, the state has made it more difficult for residents to get their right to vote back. In particular, lawmakers have added requirements that residents first pay any court costs and restitution and that they be current on child support.

Tennessee is now the only state in the country that requires those convicted of felonies be up to date on child support payments before they can vote again.

The state makes little data available about who has lost the right to vote and why. Residents who may qualify to vote again first have to navigate a confusing, opaque bureaucracy.

Scott says she paid off her court costs years ago. But when she brought a voting rights restoration form to the county clerk to affirm that she had paid, the clerk told her she still had an outstanding balance of $2,390.

“It was like the air was knocked out of me,” she said. “I did everything that I was supposed to do. When I got in trouble, I owned it. I paid my debt to society. I took pride in paying off all that.”

Scott does not have receipts to verify her payments because she made them so long ago, she said. And there is no pathway for her to fight what she believes is a clerical error.

She is now a plaintiff in a lawsuit filed by the Tennessee NAACP challenging the state’s voting rights restoration process. In court documents, the state denied allegations that the restoration process is inaccessible.

Overall, according to The Sentencing Project, about 470,000 residents of Tennessee are barred from voting. Roughly 80% have already completed their sentence but are disenfranchised because they have a permanently disqualifying conviction — such as murder or rape — or because they owe court costs or child support or have gotten lost in the system trying to get their vote back.

Over the past two years, about 2,000 Tennesseans have successfully appealed to have their voting rights restored.

Those convicted after 1981 must get a Certification of Restoration of Voting Rights form signed by a probation or parole officer or another incarcerating authority for each conviction. The form then goes to a court clerk, who certifies that the person owes no court costs. Then it is returned to the local election commission, which then sends it to the State Election Commission for final approval. (Rules on voting restoration were revised multiple times, so older convictions are subject to different rules.)

Republican Cameron Sexton, speaker of the Tennessee House of Representatives, said people convicted of felonies should have to pay court costs and child support before voting.

“If someone’s not paying or behind on their child support payment, that’s an issue,” he told ProPublica. “That’s an issue for that child, that’s an issue for that family, not having the things that they agreed to in court to help them for that child.”

When asked about Tennessee being the only state to require that child support payments be up to date before voting rights can be restored, Sexton said, “Maybe Tennessee is doing it correctly and the others are not.”

A 2019 report from the Tennessee Advisory Committee to the U.S. Commission on Civil Rights found that the requirements for repayment have been especially burdensome to women, the poor and communities of color. The report also noted that Tennessee has increasingly levied court charges “as a means for funding the State’s courts and criminal justice system.”

Georgia previously required payment of restitution and fines in order to restore voting rights. But in 2020, the office of Georgia’s secretary of state clarified that anyone who has completed their sentence may vote, even if they owe court costs or other debts that were not incurred as part of their sentence.

Disenfranchisement does not solely impact the lives of individual voters — it can have consequences for elections, too. This is particularly true for multiracial communities in Tennessee, according to Sekou Franklin, a political science professor at Middle Tennessee State University. He pointed to county-level races that have been decided by a few dozen votes.

“There are real votes that are lost that can shape elections,” Franklin said.

Black Tennesseans, even those who were not enslaved, have been disenfranchised for centuries. In 1835, the new state constitution took away the right to vote from free Black men, who had been able to vote under the previous constitution. It also stipulated that anyone convicted of an “infamous” crime — a list that included robbery, bigamy and horse stealing — would lose their voting rights, often permanently.

The civil rights laws of the 1960s opened up voting again for Tennesseans. But soon lawmakers began adding back in provisions that disenfranchised people convicted of felonies. Legislators updated the statute every few years, adding to the list of crimes that permanently disqualify someone from voting. The result is a convoluted list of eligibility criteria for voting rights restoration that depend on what a person was convicted of and when the conviction took place.

The reality of disenfranchisement in Tennessee received some national attention recently around the case of a Memphis woman, Pamela Moses. Three years ago, she got her probation officer’s signoff to vote again. The next day, the Tennessee Department of Correction asserted the officer had made an error. Prosecutors then charged Moses with lying on an election document. She was convicted and sentenced to six years in prison, but a judge later threw out the conviction.

Tennessee lawmakers from both parties have tried, unsuccessfully, to make it easier for residents to get their vote back.

In 2019, two Republican lawmakers sponsored a bill that would have automatically restored voting rights to people upon completion of their sentence. It was supported by a bipartisan coalition of civil rights advocates, including the libertarian group Americans for Prosperity and the Tennessee American Civil Liberties Union. But it never gained traction among legislators.

In 2021, two Democrats sponsored another bill that would have granted automatic vote restoration, but that bill also died. The sponsors said that the Republican supermajority in Tennessee’s legislature simply doesn’t have an appetite to take it on.

“We said we wanted to do criminal justice reform, but all we’ve done is really nibbled around the edges,” state Sen. Brenda Gilmore told ProPublica, referring to a bill she co-sponsored with a fellow Democrat.

Dawn Harrington, the founder of Free Hearts, an organization that supports formerly incarcerated women, also advocated for the 2021 bill.

On a trip to New York City in 2008, Harrington carried a gun that was licensed in Tennessee. Because New York does not recognize permits from other states, she was convicted of a gun possession charge.

After serving a yearlong sentence on Rikers Island, she returned to Tennessee and set out to have her rights restored. Tennessee requires the incarcerating agency to sign the rights restoration form, but Harrington struggled to find someone in New York willing to sign it. After nine years, her rights were finally restored in 2020.

“I don’t know if you know the show ‘The Wiz,’ but I literally eased on down the road,” Harrington said about having her voting rights restored. “I danced. I was so happy I cried. I was feeling all the emotions. You never know how much something means to you until it’s taken away.”

Shenanigans

This morning brings fresh news that in response to a GOP lawsuit, vote counting in Philadelphia will slow down dramatically. Said the city’s sole Republican elections commissioner: “I want to be very clear that when there are conversations that occur later this evening about whether or not Philadelphia has counted all of their ballots that the reason that some ballots would not be counted is that Republicans targeted Philadelphia — and only Philadelphia — to force us to conduct a procedure that no other county does.”

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Reality-Based Officials In Phoenix Throw Cold Water On Election Conspiracy Theories

A lot of things happened. Here are some of the things. This is TPM’s Morning Memo.

So It’s Come To This

Maricopa County Sheriff Paul Penzone of Arizona and several county elections officials felt compelled to hold a press conference on the eve of today’s elections specifically to dispel “false election narratives.”

  • Penzone also announced that his deputies would be monitoring potential voter intimidation at poll sites in plain clothes. “But if there is a need for us to deploy some uniformed deputies, then we will,” the sheriff added.
  • Dozens of deputies will also be deployed to the vote tabulation center in Phoenix, according to Penzone.
  • The National Association of Secretaries of State (NASS) and the National Association of State Election Directors (NASED) put out a joint statement on Monday imploring voters to remember that election night results are “always unofficial” and to have the patience to “allow election officials to do their work.”

Here’s more on election officials’ anxieties as people head to the polls today:

  • CNN: “2020 election lies have officials on edge for problems at polling places and lawsuits Tuesday”
  • The Washington Post: “Election officials fear counting delays will help fuel claims of fraud”

Trump Pretty Much Announces 2024 Bid Without Explicitly Announcing It

Panicked Republicans who desperately tried to dissuade Trump from announcing his reelection campaign last night apparently managed to get through to the ex-president, who had reportedly planned on doing so during his rally in Ohio yesterday with GOP Senate candidate J.D. Vance.

  • Instead, Trump told his supporters at the rally that he’d be making a “very big announcement” at Mar-a-Lago on Nov. 15.
  • Trump said he didn’t want to “detract from the importance of” today’s elections, which was reportedly a major reason why Republicans didn’t want him to announce a 2024 bid yet.

Must Read: Climate Change Edition

“A climate change report card for the world” – The Washington Post

“The World Is Falling Short of Its Climate Goals. Four Big Emitters Show Why.” – The New York Times

Fox Biz Host Being Sued For 2020 Election Lies To Provide Live Coverage Of Midterms

Fox Business host Maria Bartiromo will be among the Fox personalities who’ll be giving their takes on the elections in real time tonight. She’s a defendant in both of the sweeping defamation lawsuits by Dominion Voting Systems and Smartmatic, the two voting tech companies the Fox host falsely accused of rigging the 2020 election.

SCOTUS Rejects GOP Challenge To Michigan’s New District Maps

On the eve of the elections, the Supreme Court threw out an appeal from a group of Michigan Republicans who were suing to keep the state’s independently-drawn district maps from being used in the 2022 midterms.

  • It’s a much-needed win for voting rights advocates. The maps were created by an independent redistricting commission in Michigan that was ordered to draw fair and neutral lines.
  • The new districts look poised to “significantly reduce the GOP advantage baked into the current districts,” according to the Detroit Free Press.

Reminder: Abortion’s Literally On The Ballot In Five States

In addition to the regular elections, California, Kentucky, Michigan, Montana, and Vermont will be voting on various abortion rights measures today:

  • California: A vote on amending the state’s constitution to codify the right to an abortion.
  • Kentucky: A vote on amending the state’s constitution to say explicitly that Kentuckians don’t have a constitutional right to abortion care.
  • Michigan: Like California, it’s a vote on whether to enshrine the right to an abortion in the state’s constitution.
  • Montana: A legislative referendum on the “Born-Alive Infant Protection Act,” an anti-abortion law that defines a fetus that was born alive after an attempted abortion as a legally protected person (abortion is still legal in Montana for now).
  • Vermont: Like California and Michigan, it’s a vote on whether to enshrine the right to an abortion in the state’s constitution.

Elon Musk Endorses GOP For Midterms

Ever since Elon Musk finalized his $44 billion deal to buy Twitter, it’s become increasingly clear that of the many grandiose principles about Twitter that the Tesla CEO holds dear, there’s really only the one (unspoken) principle that he’s capable of sticking to: Principles are for nerds who can’t buy Twitter for $44 billion like he can.

On Monday, Musk urged “independent-minded” voters to vote GOP across the board in today’s midterms. The billionaire has admitted to being a Ron DeSantis fanboy, so it’s not surprising that he’s using his new bullhorn to give Republicans a boost. It’s just fascinating how Musk seems functionally incapable of standing by his purported expectations of what he wants Twitter to be:

Nikki Haley Calls For Warnock’s Deportation To … Somewhere?

While stumping for Georgia GOP Senate nominee Herschel Walker on Sunday, former U.S. ambassador to the U.N. and ex-South Carolina Gov. Nikki Haley (R) declared that “we need to make sure we deport” incumbent Sen. Raphael Warnock (D-GA) because “legal immigrants are more patriotic than the leftists these days.”

WTF Read Of The Day

“A Philadelphia man ate 40 rotisserie chickens in 40 days. Why?” – The Washington Post

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Final Predictions and Gut Senses

I’ve had numerous people ask me over the last 48 hours what I expect in the 2022 election. I’ve told them that I am generally pessimistic but also highly uncertain. Indeed, I’ve worked this uncanny combination through in my head so many times I’m not even sure what the combination means anymore. Big picture it seems like Republicans have a good night. But there continue to be a lot of discordant pieces of data that don’t quite fit. If Democrats were to have a good or better than expected result we’d look back at those discordant data points and think, “Okay, here were the signs people were ignoring.”

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Where Things Stand: Top Republicans Are Trying To Talk Trump Out Of Announcing Tonight

Donald Trump is reportedly considering announcing his 2024 bid tonight during a rally in Ohio with Republican Senate candidate J.D. Vance, just hours ahead of Election Day.

It was reported last week that Trump was considering announcing his 2024 bid sometime this month, most likely in the week after the election. That timing is key in signaling just how quickly the national conversation will switch to 2024 post-midterms. Republican New Hampshire Gov. Chris Sununu summed up reports of Trump’s plan to announce before the new Congress is even sworn in: It’s a “terrible idea.”

Today reports surfaced that Trump is actually planning to move up his announcement to tonight. And Republicans are now reportedly even more in sync with the “terrible idea” assessment.

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Fetterman Jumps Into Absentee Ballot Case, Saying That ‘Thousands’ Of Valid Votes Will Be Tossed

The campaign for John Fetterman, Pennsylvania’s lieutenant governor and the Democratic nominee for Senate, jumped into the dispute over counting undated or incorrectly dated absentee ballots currently roiling the commonwealth’s highest court. 

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Wayne County Judge Blasts Michigan’s Republican SOS Nominee For Trying To “Egregiously Harm” Detroit Voters

Last month, Republican nominee for Michigan secretary of state Kristina Karamo filed a lawsuit asking a judge to require Detroit residents to either vote or obtain their absentee ballots in-person, a move that could potentially invalidate tens of thousands of ballots. A Wayne County judge blocked the request on Monday in a fiery rebuke against Karamo and the other plaintiffs. 

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