Pro-Democracy Groups Give Stamp Of Approval To New Senate Anti-Coup Deal

Eighteen months after the Jan. 6 attack on Congress, a bipartisan group of senators released a proposal Wednesday to help prevent future election theft attempts, and pro-democracy groups and experts are rallying around the legislation. 

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It Looks Real, Real Bad

The Secret Service text destruction story has been a sort of slow burn. As Kate Riga and I discussed in the new podcast episode, I think this is due to the fact that a lot of people in government and media are having a hard time making sense of the story. They keep wanting to hear more because the current facts don’t make any sense. More to the point, both the guilty and the innocent versions of events seem equally absurd. Is it really possible that the Secret Service would purge its records of Jan. 5th and 6th and somehow not think anyone would notice or care? It seems too over-the-top and brazen even for some of the most cynical of observers. At the same time, the Secret Service’s explanation seems even more absurd. Let’s take a moment to walk through what that story is.

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Jan. 6 Panel To Show Clips Of Trump Struggling To Tape Speech Condemning Capitol Attack

During its hearing on Thursday night, the House Jan. 6 Committee will present clips of then-President Donald Trump having a hard time sticking to the script while taping his address on Jan. 7 decrying the Capitol insurrection.

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A Government Official Helped Them Register. Now They’ve Been Charged With Voter Fraud.

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.

His last night as a prisoner in North Florida, Kelvin Bolton couldn’t sleep. Fifty-five years old, with a wispy goatee the same color as the gray flecks in his hair, he was about to get out after serving a 2 1/2-year sentence for theft and battery. The last time he’d seen his brothers and sisters at a big family gathering, he’d marched onto the dance floor ostentatiously, turned away and wrapped his arms around himself to caress his own back. As he swayed goofily to the music, everybody laughed.

Now Bolton was so close to being free and seeing his family again. The next morning, a bright Wednesday in April, he was already dressed in his street clothes and cleared to go when the woman processing his paperwork stopped him.

“The lady said, ‘Hold on, you can’t go anywhere,’” Bolton remembered in a recent phone call.

Confused, he asked her what was going on, he recalled. There was a warrant out for his arrest for incidents in 2020, she explained gruffly. But that was impossible. He’d been in jail at the time, awaiting his prison stint.

Guards loaded Bolton into a van, then drove an hour and a half south to deposit him in Alachua County Jail.

There, he found out what he’d done wrong.

He’d voted.

In 2018, Florida voters overwhelmingly passed Amendment 4, in a historic ballot initiative that restored the right to vote to most state residents with felony convictions. Until then, Florida had been one of only four states — the others were Iowa, Kentucky and Virginia — where people who had committed felonies needed to petition the governor to have their voting rights restored. It was a grim legacy of 19th-century laws passed after the 15th Amendment granted African American men the right to vote.

Supporters applauded the law as restoring voting rights to what experts estimate is over 1 million people in Florida, about 5% of the population of the state.

But the state’s dominant Republican lawmakers quickly installed a financial hurdle to those new rights. The following year, they passed a law to clarify that people convicted of felonies could only vote if they first paid off any money they owed for committing their crimes. The penalty for registering or voting without doing so: a felony charge for voter fraud.

On the surface, the mandate seemed reasonable: Even advocates for Amendment 4 agreed that requiring paying off fines and restitution to victims was just. In Florida, however, that task proved a sometimes insurmountable challenge — one that disproportionately hit Black people. Florida has no centralized database to allow people to figure out what legal financial obligations they owe to the state. Instead, its 67 counties and various state agencies each maintain their own databases. The state also does not track information for federal or out-of-state convictions, which people are also required to pay off before voting.

On top of the fines and restitution, Florida layers on court fees that can run into the hundreds of dollars. Together, a voter’s debt can run into the thousands, a financial hole that some may never climb out of.

“That’s kind of the bottom line of the absurdity of this — it’s Kafkaesque,” said Dan Smith, chair of the political science department at the University of Florida. “It’s very troubling that we would have state attorneys prosecuting individuals who did not know their status, and there was no way for them to determine their status.”

Florida’s voting hurdles are part of a national pattern. For years across the country, Republican state lawmakers have been implementing new restrictive voting laws, including reducing access to vote-by-mail ballots, stricter voter identification rules and limits on early voting. These efforts have accelerated since Donald Trump promoted the false claims that Joe Biden stole the 2020 presidential election. Democrats, meanwhile, have pushed to expand voting access.

Republican Gov. Ron DeSantis boasted that in 2020, Florida, a swing state with a history of contentious elections, “held the smoothest, most successful election of any state in the country,” while he also signed a flurry of voting law changes that he said would further strengthen the integrity of future votes. And DeSantis has tacitly endorsed prosecuting people convicted of felonies for voter fraud. In April, he signed a bill establishing the Office of Election Crimes and Security, which will investigate alleged election violations.

Despite the increased scrutiny, voting fraud remains so rare in Florida that it hasn’t come close to altering election outcomes. The Florida Department of State in 2020 received 262 election fraud complaints, just 75 of which were referred to law enforcement or prosecuting authorities, according to the agency.

“Florida is an outlier, because the intentional targeting of citizens with felony convictions as a way to undermine democracy has been a throughline in that state,” said Nicole Porter, senior director of advocacy for the Sentencing Project. “And the attempt to address that, by popular vote, has been undermined by the legislature.”

In 2020, a representative of the Alachua County Supervisor of Elections conducted a series of outreach efforts at the local county jail to let inmates know of their new rights and offer to help them add their names to the voter rolls.

During three visits to the jail, the official helped sign up at least 10 inmates, including John Boyd Rivers, Dedrick Baldwin and Bolton.

Rivers, 44, felt a visceral thrill at the prospect. Sitting in his cell in February 2020 facing a battery charge for hitting his wife, he was told by the county representative that he could register to vote. The official, he said, told him that he could disregard the check box on the form that asks whether the applicant has a felony conviction because he didn’t have a disqualifying felony. That seemed odd to Rivers, since he had a previous felony conviction. (He subsequently was sentenced for the battery charge.) No one told him anything about needing to pay off his financial obligations before registering to vote, Rivers said, and the jail didn’t give him an accounting of those debts when he was later released.

Back at home, Rivers was excited when his voter registration card arrived in the mail. He’d lost his right to vote at 18, he said, after voting just once. Now he could vote in a presidential election. He and his wife went to their polling place, and he cast his vote for Donald Trump.

Bolton, too, was excited to sign up. He also said no one told him he’d need to pay off his debts before casting his ballot. Although he registered as a Republican, he said he decided to vote for Biden.

In all, 10 of the men who the official helped register to vote have been charged with voter fraud on the grounds they were ineligible.

Their alleged illegal voting was first spotted by a citizen who analyzed Florida’s voting rolls and then shared the information with the state. The Florida Department of Law Enforcement subsequently launched an eight-month investigation, after which it identified the 10 inmates.

State investigators found that some jail employees remembered the elections official giving clear directions to inmates about having to pay off financial obligations, while others did not. The investigation concluded that the jail visits were “lacking in both quality and longevity” and “showed a haphazard registration of inmates.” But the state prosecutor nevertheless proceeded with charges, although not against county officials.

Officials at the Alachua Supervisor of Elections office declined to comment to ProPublica. But Supervisor of Elections Kim Barton denied any wrongdoing in a statement released in June.

Brian Kramer, the state attorney for the Eighth Judicial Circuit of Florida, defended his office’s prosecutions to ProPublica, saying he believed the 10 men knew they were committing fraud. “I’m not going to say I will prosecute or not prosecute because it’s politically popular or unpopular,” he said.

Four of the 10 have pleaded guilty and have been sentenced to between 364 days and three years in prison. Bolton and three others have vowed to go to trial, while the remaining two await arraignment. They face charges that carry a penalty of up to five years in prison, five years of probation or $5,000 in fines. Eight of the men are Black, and two are white.

Critics say the charges are unjust and, at a bare minimum, excessive. In nearby Lake County, the state prosecutor declined to bring charges against sex offenders who had registered to vote despite the law prohibiting voting rights restoration for those charged with sex offenses or murder. In April, two white men living in The Villages in Sumter County, an overwhelmingly white county in central Florida, pleaded guilty to each casting two ballots for Donald Trump during the 2020 election. Rather than face prosecution, they entered a pretrial intervention program, under which they must serve 50 hours of community service and attend an adult civics class, among other requirements. Because the men in Alachua County have prior felony convictions, they are ineligible for pretrial intervention and face harsher sentences.

“I’m thinking I’m doing something good for the community, so that’s why I chose to try to do it,” Bolton said. “It was not malicious — I was not trying to commit a felony of voting fraud. I never would have voted.”

Baldwin, 47, who is in prison on a manslaughter conviction, was sentenced to an additional 364 days. He felt “set up,” he said, since nobody told him he wasn’t eligible.

“There’s no way Biden was that important to me to vote for him,” he said in an email to ProPublica from prison. “We were flat out tricked into voting.”

The elections official who visited the jail denied telling the men that they could disregard the check box and said he warned them that they’d need to pay off their financial obligations, according to a person familiar with the matter who declined to be named because he feared reprisals. The elections official declined to comment to ProPublica on the record.

The voter fraud charges were especially bitter for Rivers. By the time they were filed, Rivers said, he had already used part of his federal stimulus check to pay off more than $3,000 in costs related to his criminal record so he could reinstate his driver’s license and return to work.

“I should have known there would be some kind of catch,” Rivers said.

Florida’s history of felon disenfranchisement dates back to 1838, when the state’s first constitution prohibited people convicted of bribery or assorted “high crimes and misdemeanors” from voting. After the Civil War, faced with the prospect of formerly enslaved Black men voting, the state expanded the law so that anyone convicted of a felony lost the franchise. But in 2018, 64% of Florida voters approved Amendment 4, allowing people convicted of felonies, except for murder or sexual offense convictions, to vote.

This embrace of new voters became more complicated the following year when the state legislature passed its law. It required that people convicted of felonies must determine their own eligibility before registering to vote. The Florida Department of Corrections and county detention facilities are required to provide notice to inmates at the time of their release of their outstanding financial obligations.

But it is unclear if all of the facilities do so.

Florida charges those convicted of crimes with an array of fines and fees, some of which statutorily cannot be eliminated or reduced. Defendants facing felony charges are assessed $100 to use a public defender, as well as a $100 prosecution fee. At least one person already sentenced in the Alachua County cases has been charged an additional $671 for his voting fraud charges on top of the financial obligations he already owed.

Finding out what someone owes is time-consuming and expensive. An analysis led by Traci Burch, a political science professor at Northwestern University, tried to determine the legal financial obligations owed by a random sample of 153 Florida residents convicted of felonies and found consistent information for only three of them. Counties often keep poor records, have cumbersome websites and employ unhelpful clerks.

What’s more, it can cost money merely to find out how much money you owe. Four in 10 Florida counties charged either a payment or processing fee to look at their databases, and 15% charged a fee to access certain records, according to Burch’s research.

In 2020, Smith, the Florida political scientist, estimated that just over 1 million people would be eligible to vote under Amendment 4. Of that number, about 77% had outstanding legal financial obligations, rendering them ineligible to vote under Florida’s new law until they paid their debts. Four out of five Floridians with felony convictions owed at least $500 in fines and fees, Smith’s analysis found. More than 59% owed more than $1,000.

The state legislature immediately disqualified about 750,000 people from being able to vote when it passed its law requiring people convicted of felonies to pay their debts first, Smith estimated. And the new law’s impact was felt much more harshly by Black people, who faced greater fines and fees: 26% of white Floridians with a felony conviction would be eligible to get their voting rights restored under the new requirement, but only 18% of Black people, according to Smith.

In May 2020, a district court judge ruled that parts of the law were unconstitutional and that the law had established a pay-to-vote system. The 11th Circuit Court of Appeals overturned the ruling the following September, saying it was in the state’s power to require the payoffs and the law didn’t violate people’s rights. The state Supreme Court has also issued an advisory opinion that deemed the law legitimate.

Unsurprisingly, the number of people with felony convictions who have registered to vote has fallen far short of what supporters hoped. More than 85,000 such people registered in Florida ahead of the 2020 election.

Supporters of the law say that it’s only fair to have people fulfill their full sentences, including paying any crime-related debts. Some state attorneys, including Kramer, the attorney prosecuting the Alachua cases, have also developed processes within their jurisdictions by which people with felony convictions can verify their voting eligibility or request to reduce their fines and fees.

Felons who have not yet registered to vote can also appeal to the state to have certain fees reduced or eliminated, said Republican State Sen. Jeff Brandes, the sponsor of the law demanding the payoffs before voting rights restoration.

“We truly believe there are people who are indigent that will just simply never be able to pay,” he said. “The court only collects a fraction of what is given out anyways. And so there should be a way for the state to grant some grace or for the court to grant some grace and provide people flexibility.”

Kelvin Bolton has been sitting in the Alachua Council Jail since April, waiting for his case to proceed.

He’s been in and out of the system since he was 16, piling up a long record of mostly nonviolent crimes, most recently for stealing a car, groping a woman in a store and taking cigarettes from a Dollar General.

He aims this time to keep a vow he made to his family and himself to stay straight. He said he is frustrated that the prosecutor subsequently created a program for people convicted of felonies to check their voting eligibility while he and the others are still facing charges.

“Why would they want to keep charging us for something that they’re in the wrong for?” he said. “The state is in the wrong for what they did to us.”

Exactly What Needs To Happen

The Inspector General of the Department of Homeland Security has ordered the Secret Service to stop its internal investigations into its deleted text messages because it could interfere with his own investigation of what happened. I was wondering why this hadn’t happened yet, frankly. Given the facts as we know them, no Secret Service investigation would be credible. And it would be hard to have confidence that it would not become a vehicle for destroying or covering up evidence about the data purge itself.

Continue reading “Exactly What Needs To Happen”

Biden Has COVID

President Biden has tested positive for COVID. The White House says Biden is experiencing “very mild symptoms” and has begun taking the Paxlovid antiviral treatment and will isolate in the White House. He will continue with regular meetings and work by phone and Zoom.

GOP Candidate Calls Example Of 14-Year-Old Incest Survivor ‘Perfect’ For Abortion Ban

Tudor Dixon, a top-polling contender in the GOP primary for Michigan governor, recently argued that young incest survivors who were impregnated by their rapist are a perfect case in support of banning abortion.

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DHS IG Delayed Reporting Secret Service’s Deleted Texts For Months

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

What’s Going On?

Joseph Cuffari, the inspector general at the Department of Homeland Security, found out all the way back in February that the Secret Service had deleted texts from Jan. 5 and 6, 2021–but he chose not to report it to Congress, according to the Washington Post.

  • Cuffari also reportedly didn’t put out a public alert his office had prepared in October 2021 reporting that the Secret Service was stonewalling his requests for records on the Jan. 6 attack.
  • Two whistleblowers who worked with Cuffari recently alerted the Project on Government Oversight (POGO) on the inspector general’s delay, according to the Post.

What To Expect At Today’s Jan. 6 Hearing

The House Jan. 6 Committee will hold what could be its last public hearing tonight at 8 p.m. ET (the panel’s first primetime hearing since the very first session). It will scrutinize Trump’s refusal to act as the violence at the Capitol unfolded. Stay tuned for our liveblog!

  • Here’s everything we’ve learned so far about what the then-president was doing for 187 minutes during the attack.
  • The committee will present outtakes of Trump’s recorded message to his supporters that he issued on Jan. 7, panel members confirmed to CNN yesterday. Those outtakes will show how the then-president struggled to tape that message.
  • The reported witnesses are two Trump White House officials who resigned immediately after the insurrection:
    • Matthew Pottinger, Trump’s ex-deputy national security advisor
    • Sarah Matthews, Trump’s ex-deputy White House press secretary

Bipartisan Senate Group Crafts Trump Coup-Proof Election Safeguards

A bipartisan group of senators that includes nine Republicans struck a deal on legislation on Wednesday that aims to keep Trump (and other future would-be authoritarians) from exploiting loopholes in the 1887 Electoral Count Act to try to overturn an election again.

  • One part of the legislative package cements the rule that a vice president’s role in certifying the election results is “solely ministerial.” Not hard to imagine why that’s a crucial point to address with reforming the ECA!
  • Another part addresses threats against election workers, voters and candidates.
  • The House Jan. 6 Committee responded to news of the senators’ proposed ECA reforms on Wednesday night, saying that the committee’s legislative recommendations will include “a bipartisan approach” to the ECA.

Trump White House Aide Loses It After Meeting With Jan. 6 Panel

Garrett Ziegler, a Trump White House staffer who privately testified in front of the House Jan. 6 Committee on Tuesday, posted a livestream of himself having a meltdown about the Jan. 6 panel and witnesses who have publicly testified. Part of said meltdown included Ziegler accusing the committee of being “Bolsheviks” and “anti-White.”

Where GOP Sens Stand On Protecting Marriage Equality

Now that the House has passed legislation codifying the right for same-sex couples to get married into federal law, all eyes are on the Senate, where Senate Majority Leader Chuck Schumer (D-NY) is working to find the 10 GOP votes needed to bypass the filibuster and pass the bill in the chamber. Per CNN, here’s where Republican senators stand at the moment:

  • Four GOP senators have said they support or are likely to support the bill:
    • Rob Portman (R-OH)
    • Susan Collins (R-ME)
    • Lisa Murkowski (R-AK)
    • Thom Tillis (R-NC)
  • Eight GOP senators have said they oppose the bill:
    • Bill Cassidy (R-LA)
    • John Cornyn (R-TX)
    • Ted Cruz (R-TX)
    • Lindsey Graham (R-SC)
    • Josh Hawley (R-MO)
    • Jim Inhofe (R-OK)
    • Marco Rubio (R-FL)
    • Roger Wicker (R-MS)
  • The rest are either undecided or haven’t given a response yet.

Must Read

“A floating abortion clinic is in the planning stage, and people are already on board” – NPR

Trump-Backed Arizona Hopeful Posted Anti-Trump Meme

Far-right Arizona gubernatorial candidate Kari Lake, an outspoken 2020 election denier whose election-denying naturally earned her an endorsement from Trump – which was great news for Lake because she’s a huge Trump fan – posted a decidedly less MAGA-friendly meme on Facebook in response to Trump’s inauguration in 2017, Fox News found.

  • The meme featured a picture of Trump with “NOT MY PRESIDENT” splashed over his face, and called his inauguration day “National Day of Mourning and Protest.” In the caption she wrote with the meme, Lake offered several suggestions for protesting the inauguration, like donating to the ACLU and Planned Parenthood, or using the hashtag #NotMyPresident, or boycotting TV coverage of the event.
  • The post (which Fox reported got deleted when the outlet reached out to Lake’s campaign) is yet another indicator that Lake’s MAGA-ness was either borne of diving into the same internet hellscape your Uncle Frank did upon seeing too many 4-chan memes or just one giant scam. Maybe the drag queen she used to be friends with for decades might know.
  • Term-limited Arizona Gov. Doug Ducey (R) has openly accused Lake of being a fraud who’s been putting on an “act.” He and ex-Vice President Mike Pence have broken from Trump in the gubernatorial race by endorsing Lake’s rival, Karrin Taylor Robson, instead.

Giuliani Ordered To Testify Before Georgia Special Grand Jury

A New York Supreme Court justice on Wednesday ordered ex-Trump lawyer Rudy Giuliani to testify before the special grand jury in Fulton County District Attorney Fani Willis’ investigation in Georgia, beginning on Aug. 9 “and on any such other dates as this Court may order.”

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