Defending Democracy with Marc Elias

From attempts to overturn election results to county officials refusing to certify vote totals and Republicans’ continued attacks on mail-in voting, Pennsylvania has seen its fair share of election drama over the past few years. Marc sat down with U.S. Rep. Mary Gay Scanlon (D) of Pennsylvania’s 5th Congressional District to discuss recent election issues in the Keystone State and how they highlight the dire need for federal voting rights legislation. For a transcript of this episode, please email transcripts@democracydocket.com. Make sure you’re following us on all platforms: Twitter Post Facebook Instagram TikTok Subscribe to our free newsletters  Related links: A Constitutional Crisis Is Brewing in Pennsylvania When Election Officials Refuse To Certify Complete Election Results Message to Counties: Certifying Elections Is Not Optional 50 States of Lawsuits: Pennsylvania Act 77 lawsuits: Bonner v. Chapman and McLinko v. Degraffenreid

Wisconsin has long been an important swing state for presidential elections, but it has grown into a major battleground in the fight for democracy. All eyes are on the Wisconsin Supreme Court race that will determine decisions related to gerrymandering, abortion access and the 2024 presidential election. Wisconsin Democratic Party Chair Ben Wikler joins to discuss what’s at stake in the April 4 election, Republicans’ continued attacks on democracy and how people — in and out of state — can help. Volunteer with WisDems | Donate to WisDemsFor a transcript of this episode, please email transcripts@democracydocket.com. Make sure you’re following us on all platforms:Twitter Post Facebook Instagram TikTok Subscribe to our free newsletters Related links:The Wisconsin Win: Investing in Long-term Infrastructure by Ben WiklerMeet Wisconsin’s Proudest Vote Suppressor by Marc EliasMeet the Wisconsin Supreme Court Candidates Who Want To Protect DemocracyDebunking the Wisconsin Supreme Court’s Drop Box Opinion50 States of Lawsuits: Wisconsin

Civil and voting rights groups have long challenged voter suppression laws and unfair maps in court using federal voting rights protections. But the conservative legal movement is now arguing that individuals and groups cannot bring these lawsuits — only the U.S. Department of Justice can — proposing that there is no private right of action in crucial federal voting laws. If courts endorse this concept, laws like the Voting Rights Act would be severely undermined and become largely unenforceable. Marc and Paige discuss where this surge of private right of action lawsuits came from, the current cases pushing this theory and what could potentially happen. Make sure you’re following us on all platforms. Twitter Post Facebook Instagram TikTok Subscribe to our free newsletters Related links: The Conservative Legal Movement’s Latest Target Private Right of Action, Explained This Civil Rights Provision Protects Your Vote from Simple Mistakes Is the DOJ Doing Enough To Protect Voting Rights? Case pages: Vote.org v. Callanen Arkansas State Conference NAACP v. Arkansas Board of Apportionment Brnovich v. Democratic National Committee

In 1876, North Carolina added a felony disenfranchisement provision to its state constitution with the express purpose of disenfranchising Black voters. The provision remains in place today and is being challenged in Community Success Initiative v. Moore. The outcome of the case is currently pending before the North Carolina Supreme Court and will determine if individuals on probation, parole or post-release supervision — over 56,000 North Carolinians — have the right to vote. We’re joined by Forward Justice Co-Director, and attorney in the case, Daryl Atkinson to discuss what’s at stake in this crucial lawsuit. Support Forward Justice’s work here. Volunteer with Forward Justice and Unlock Our Vote here. Make sure you’re following us on all platforms: Twitter Post Facebook Instagram TikTok Subscribe to our free newsletters Related links: The History of Felony Disenfranchisement in North Carolina North Carolina’s Felony Disenfranchisement Law Heads to Court Inside Forward Justice’s Fight To Restore Voting Rights to 56,000 North Carolinians Community Success Initiative v. Moore

Mississippi passed a bill to create an unelected court system in Jackson, a city with a Black population of over 80%, with judges appointed entirely by white state officials. Unfortunately, the proposed court system is just the tip of the iceberg in a state with a long history of undermining Black political power. We’re joined by Arekia Bennett-Scott, the executive director of Mississippi Votes and Mississippi Votes Action Fund, to discuss the history of anti-democratic legislation, the slew of bills targeting Jackson and what people can do to help. Make sure you’re following us on all platforms. Twitter Post Facebook Instagram TikTok Subscribe to our free newsletters Related links: Mississippi Continues To Deny Black Americans Political Power Support Mississippi Votes Sign the petition against HB 1020 The book Arekia mentions is Redemption: The Last Battle of the Civil War by Nicholas Lehmann

There are 17 states where Democrats control the governorship and both chambers of the state legislature. These so-called “trifectas” should use their power to pass robust legislation to protect the right to vote in their states. Marc and Paige discuss five voting laws that all blue states should pass this year. Make sure you’re following us on all platforms: Twitter Post Facebook Instagram TikTok Subscribe to our free newsletters | Support our work Related links: Five Voting Laws Needed To Protect Democracy The Worst Provision of a Very Bad Law Poll Watchers: Republicans’ Latest Weapon Message to Counties: Certifying Elections Is Not Optional The Independent State Legislature Theory

The U.S. Supreme Court is already poised to issue decisions in two major elections cases that could fundamentally alter American democracy, but there are more voting rights cases coming its way. Marc and Paige discuss what’s next on the Supreme Court’s docket and what’s at stake. Make sure you’re following us on all platforms: Twitter Post Facebook Instagram TikTok Subscribe to our free newsletters | Support our work Related links: North Carolina Supreme Court Will Rehear Two Voting Rights Cases With New GOP Majority The Independent State Legislature Theory Case pages: Moore v. Harper Merrill v. Milligan Ohio Congressional Redistricting: Neiman v. LaRose South Carolina Redistricting: South Carolina NAACP v. Alexander Mississippi Congressional Redistricting: Buck v. Reeves Mississippi Felony Disenfranchisement: Harness v. Watson Maryland Mail-in Ballots: Cox v. Maryland State Board of Elections Kansas Congressional Redistricting: Rivera v. Schwab

A major voter intimidation case out of Georgia went to court this week. Fair Fight Action sued True the Vote, a Texas-based, right-wing "election integrity" group, for illegally intimidating voters after the group challenged the voter eligibility of over 364,000 Georgians in the run-up to the 2021 Senate runoff elections. Marc and Paige break down how voter challenges like these work and their impact on voters.  Make sure you’re following us on all platforms: Twitter Post Facebook Instagram TikTok Subscribe to our free newsletters | Support our work Related links: University of Georgia Poll Challenging Someone Else’s Voter Eligibility Shouldn’t Be So Easy. But It Is. Voter Testimony: Intimidation and Disenfranchisement in the Georgia Senate Runoffs The Worst Provision of a Very Bad Law U.S. Department of Justice Submits Brief in Georgia Voter Intimidation Case True The Vote's connection to Clean Elections USA Lawsuits mentioned: Fair Fight v. True the Vote Arizona Alliance for Retired Americans v. Clean Elections USA

Update: On Feb. 3, 2023, the North Carolina Supreme Court agreed to rehear both cases. Find out more here. North Carolina’s Republican-controlled Legislature wants the newly red state Supreme Court to rehear two major voting rights cases that they lost last term. Marc and Paige discuss how this is just North Carolina Republicans' latest scheme in its long history of undermining free and fair elections. Make sure you’re following us on all platforms. Twitter Post Facebook Instagram TikTok Mastodon Subscribe to our free newsletters | Support our work Related links: GOP Lawmakers Want Re-do of Partisan Gerrymandering Case After North Carolina Supreme Court Flips North Carolina Republicans Ask State Supreme Court To Rehear Photo ID Law Read The Latest Gambit From North Carolina Republicans by Marc Elias Read: Partisan Control Was on the Line in These State Supreme Court Races by Mac Brower Shelby County v. Holder Moore v. Harper Holmes v. Moore Community Success Initiative v. Moore

On the 13th anniversary of Citizens United and the 50th anniversary of Roe v. Wade, we’re joined by special guest Sen. Sheldon Whitehouse (D-R.I.) to discuss issues facing the judiciary and the network of anti-democratic forces influencing our courts. Make sure you’re following us on all platforms. Twitter Post Facebook Instagram TikTok Subscribe to our free newsletters | Support our work Related links: Moore v. Harper Case Page Merrill v. Milligan Case Page American Tradition Partnership, Inc. v. Bullock Read Sen. Whitehouse’s amicus brief in Moore v. Harper Read Sen. Whitehouse’s book The Scheme: How the Right Wing Used Dark Money to Capture the Supreme Court Read A Constellation of Anti-Voting Groups Threaten Democracy by Marc Elias