Legislative Ethics

The reform proposals that voters adopted during the last decade to stop gerrymandering were thwarted because redistricting remained in the hands of politicians, says Common Cause Ohio Executive Director Catherine Turcer. Now, she’s supporting a new citizen initiative that would put an independent citizen commission in charge of mapmaking. She said states that redistricted through independent citizen commissions got legislative and congressional district lines that didn’t unfairly favor one party or another. “Ohioans put good rules into the Ohio Constitution, and those rules would have been adequate if elected officials had actually followed them rather than drawing lines that favored one political party,” says Turcer. “These folks are drunk on power. What do you do with someone who is drunk? You take away their keys.” Turcer, Miller, and others who back the upcoming proposal for an independent commission say legislative maps in Arizona, California, Colorado and Michigan became more competitive after they were drawn by an independent commission.

When I was in the Supreme Court last December listening to oral arguments in Moore v. Harper, I was struck by Justice Amy Coney Barrett’s questions in this case that put the future of American democracy’s checks and balances at risk. Barrett doubted that the “independent state legislature theory” should give state legislatures absolute power to write laws for federal elections without facing state judicial review. And Barrett probed repeatedly about when, if at all, the Supreme Court should intervene in state court interpretations of state constitutions in these election cases.

Jay Heck, executive director of Common Cause in Wisconsin, a government watchdog group, said Ms. Wolfe’s removal would be a major blow to the state, which is likely to once again be a crucial battleground for the presidential race. “The vast majority of Wisconsin’s voters and citizens can and will lose confidence and trust in our elections,” he said.

All of this is a concern for voting rights groups. Katya Ehresman, voting rights program manager for Common Cause Texas, said its been just four years since the state attempted to purge tens of thousands of people incorrectly identified as noncitizens from the state's voter rolls. The furor over that effort helped to sink Acting Secretary of State David Whitley's bid for confirmation in the post. Ehresman noted that Keith Ingram, who served as elections director under Whitley, was appointed by current Secretary of State Jane Nelson to head the effort to come up with Texas' replacement for ERIC. "I think that’s something that we’re concerned about, is if these lists matching and list maintenance systems are within that same office, that Texas voters should be paying attention and watchdog organizations like ours are going to be paying attention," Ehresman said. Alicia Pierce said voters should not be overly concerned about being removed from the rolls. "They’re not simply removed," Pierce said. "They receive a notice, and then there’s a waiting period before they are removed. And also, under the National Voting Rights Act, there is a window before federal elections, which is 90 days, when people will not be removed through these wholesale actions, where we’re doing large-scale list maintenance. So those are some things that can help reassure people that they’re not going to be removed in an untimely manner." Still, Katya Ehresman said that voters should doublecheck their voting status well in advance of the October deadline for this fall's elections and the February deadline for the 2024 primaries, in order to make sure they're registered at their current address. "I think that Texas leaving ERIC adds a heightened level of vigilance that is needed on the back of everyday voters, which should not be required to participate in their elections but might need to be now," Ehresman said.

Jay Heck, director of Common Cause, told the Wisconsin Law Journal he believes Vos’ threat of impeachment is hypocritical. “It’s such self-serving hypocrisy with Vos. Where was Vos in 2012 when conservatives all voted to dismiss illegal coordination with Walker and Club For Growth? It has been well documented that Walker engaged in coordination to raise money for his recall election, which was illegal. Candidates cannot coordinate with outside special interests, and the Legislature changed that in 2015, but I didn’t hear Vos, or conservative justices who received funding from Club for Growth, to recuse,” Heck said during an interview with the Wisconsin Law Journal. “It’s selective outrage,” Heck said, noting that Common Cause also held former Democrat Jim Doyle accountable for actions taken during his administration.

Regardless of how the state court rules, plaintiffs in an ongoing federal lawsuit plan to proceed with their case, explained Kathay Feng, an attorney and vice president of programs for Common Cause Florida, one of the groups challenging the map. "If they come to a final remedy that is very narrowly focused, there is still an opportunity for the federal case to examine the entire state map as a whole," Feng said. Although plaintiffs suing in state court have agreed to skip a trial, that's not expected to happen in the federal case, Feng said: "We are fully prepared to go to trial in September."