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Governor Cox’s Prayer Wasn’t Just Misguided—It Was Dangerous

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Mail-in restrictions in Minnesota latest target of a Democratic lawsuit

Minnesota voting

Minnesota voters, like this one in Minneapolis earlier this year, face numerous obstacles to vote by mail. A lawsuit is challenging those barriers.

Stephen Maturen/Getty Images
Bill Theobald
By Bill TheobaldMay 14, 2020
Bill Theobald

Bill Theobald is senior writer at The Fulcrum, where he focuses on everything to do with voting. This December marks his 40th anniversary in the business, and he still believes -- now more than ever -- that the glow from great journalism can truly light the world.

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Another upper Midwest battleground, Minnesota, is the latest target in the barrage of litigation seeking to compel states to make voting by mail easier this year.

The new lawsuit, filed by Democrats in state court Wednesday, focuses on two aspects of Minnesota's election rules that have already been targeted as overly burdensome in several of the other suits: an Election Day deadline for the return of absentee ballots and the requirement that those envelopes have a witness signature.

Only one in eight ballots was cast by mail in Minnesota two years ago, about half the national average. But because of the coronavirus pandemic, a "mass influx of absentee voters will exacerbate existing disenfranchising laws" unless a court intervenes before the Aug. 11 primaries, said Marc Elias, the lawyer once again helming the lawsuit.

The suit says Minnesota's requirement that ballot envelopes be countersigned, by another registered voter or a notary, is punitive at a time when social distancing will likely remain highly recommended even though stay-at-home orders have been relaxed. And it says there should be a "reasonable" extension of the deadline for making sure absentee ballots are received by election offices — currently poll-closing time on election days — in a year when a surge in election mail volume and a strapped Postal Service could result in long delivery delays.

President Trump plans to contest the state's 11 electoral votes aggressively this fall after coming within 45,000 votes, or 2 percentage points, four years ago. But the Democrat has carried the state every time since 1972, and the party also has a strong shot at picking up a pair of House seats.

The suit was filed by the National Redistricting Foundation, a Democrat-aligned group spearheaded by former Attorney general Eric Holder, on behalf of the Minnesota Alliance for Retired Americans Educational Fund and several voters.

It's part of a multimillion-dollar legal strategy announced by Democratic campaign officials in January. Elias says he has active cases in 16 states — including Wisconsin and Michigan in the upper Midwest — and several more will be filed in the coming weeks. The Republican National Committee and the Trump campaign announced last week they were doubling their legal cash commitment to $20 million in order to respond to the Democratic lawsuits.

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Young people worldwide form new parties to reshape politics—yet America’s two-party system blocks them.

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No Country for Young Politicians—and How To Fix That

In democracies around the world, young people have started new political parties whenever the establishment has sidelined their views or excluded them from policymaking. These parties have sometimes reinvigorated political competition, compelled established parties to take previously neglected issues seriously, or encouraged incumbent leaders to find better ways to include and reach out to young voters.

In Europe, a trio in their twenties started Volt in 2017 as a pan-European response to Brexit, and the party has managed to win seats in the European Parliament and in some national legislatures. In Germany, young people concerned about climate change created Klimaliste, a party committed to limiting global warming to 1.5 degrees Celsius, as per the Paris Agreement. Although the party hasn’t won seats at the federal level, they have managed to win some municipal elections. In Chile, leaders of the 2011 student protests, who then won seats as independent candidates, created political parties like Revolución Democrática and Convergencia Social to institutionalize their movements. In 2022, one of these former student leaders, Gabriel Boric, became the president of Chile at 36 years old.

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How To Fix Gerrymandering: A Fair-Share Rule for Congressional Redistricting

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How To Fix Gerrymandering: A Fair-Share Rule for Congressional Redistricting

The natural progress of things is for liberty to yield, and government to gain ground. ~ Thomas Jefferson, Letter to Col. Edward Carrington, Paris, 27 May 1788

The Problem We Face

The U.S. House of Representatives was designed as the chamber of Congress most directly tethered to the people. Article I of the Constitution mandates that seats be apportioned among the states according to population and that members face election every two years—design features meant to keep representatives responsive to shifting public sentiment. Unlike the Senate, which prioritizes state sovereignty and representation, the House translates raw population counts into political voice: each House district is to contain roughly the same number of residents, ensuring that every citizen’s vote carries comparable weight. In principle, then, the House serves as the nation’s demographic mirror, channeling the diverse preferences of the electorate into lawmaking and acting as a safeguard against unresponsive or oligarchic governance.

Nationally, the mismatch between the overall popular vote and the partisan split in House seats is small, with less than a 1% tilt. But state-level results tell a different story. Take Connecticut: Democrats hold all five seats despite Republicans winning over 40% of the statewide vote. In Oklahoma, the inverse occurs—Republicans control every seat even though Democrats consistently earn around 40% of the vote.

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Once Again, Politicians Are Choosing Their Voters. It’s Time for Voters To Choose Back.
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Photo by Marek Studzinski on Unsplash

Once Again, Politicians Are Choosing Their Voters. It’s Time for Voters To Choose Back.

Once again, politicians are trying to choose their voters to guarantee their own victories before the first ballot is cast.

In the latest round of redistricting wars, Texas Republicans are attempting a rare mid-decade redistricting to boost their advantage ahead of the 2026 midterms, and Democratic governors in California and New York are signaling they’re ready to “fight fire with fire” with their own partisan gerrymanders.

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Stolen Land, Stolen Votes: Native Americans Defending the VRA Protects Us All – and We Should Support Them

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Stolen Land, Stolen Votes: Native Americans Defending the VRA Protects Us All – and We Should Support Them

On July 24, the Supreme Court temporarily blocked a Circuit Court order in a far-reaching case that could affect the voting rights of all Americans. Native American tribes and individuals filed the case as part of their centuries-old fight for rights in their own land.

The underlying subject of the case confronts racial gerrymandering against America’s first inhabitants, where North Dakota’s 2021 redistricting reduced Native Americans’ chances of electing up to three state representatives to just one. The specific issue that the Supreme Court may consider, if it accepts hearing the case, is whether individuals and associations can seek justice under Section 2 of the Voting Rights Act (VRA). That is because the Eighth Circuit Court of Appeals, contradicting other courts, said that individuals do not have standing to bring Section 2 cases.

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