Legislative Ethics

Speaking of the upcoming U.S. Supreme Court hearing of Moore v. Harper during a Monday webinar co-hosted by the Southern Coalition for Social Justice, Kathay Feng, national redistricting director at Common Cause, said that "the date has yet to be set, but what we do know is the question at issue: Whether state legislatures should be given absolute and supreme power to create voting laws and redistricting maps for congressional elections." Feng blasted what she called the GOP's "down and dirty" map rigging as "illegal and unconstitutional partisan gerrymanders with devastating consequences for voters, particularly Black voters, and their ability to elect candidates of their choice." "The danger is not just that partisan political leaders will be able to draw lines without any kind of checks, but also that we the people will no longer have a representative government," she asserted. "Our government will be of, by, and for the politicians, not regular people."

Heather Ferguson, the state director of Common Cause in New Mexico — a progressive voting rights and elections reform organization — spoke with investigators in the Ayana complaint. Ivey-Soto once referred to Ferguson and her co-director as “hips and lips,” and has publicly admitted to doing so. Ferguson said what concerns her the most is knowing that experiences like hers are happening around the country.  “In varying degrees, this is something that occurs in different statehouses based on the level of transparency on harassment, the tolerance level for harassment,” Ferguson said.  She calls the bullying and harassment of men lawmakers toward women  the “worst kept open secret.” In a state like New Mexico, where the political sphere is “extremely small,” Ferguson said coming forward with a complaint of harassment meant risking “having every bill you touch destroyed thereafter.”  “We are frustrated because we have a personal, vested interest in creating a safe work environment,” Ferguson said. “Our statehouse is supposed to be the people’s house. The public should feel safe there. I shouldn’t have to instruct my staff to not go into a senator’s office or be alone for fear of being harassed or bullied.”

As the January 6th Select Committee is reportedly set to hold more hearings this month, and less than two years since January 6th, Common Cause is releasing its 2022 Democracy Scorecard, which tracks the positions of every Member of Congress on issues vital to the health of our democracy during the 117th Congress. Throughout this Congress, members of the House and Senate were notified that various votes on key democracy issues – including many related to January 6th and its aftermath - would be counted in the Scorecard, which will be distributed to our 1.5 million members, as well as to state and national media.  

“The problem for Republicans is that the Wisconsin Elections Commission was pretty scrupulous. It did not tilt elections towards Republicans like they thought it would,” said Jay Heck, executive director of the democracy group Common Cause Wisconsin. If a Republican secretary of state presided over elections, they could tighten up rules around voting, from identification requirements to who could cast an absentee ballot and where they could drop it off — policies that, individually, might not cause a huge drop-off in voting, but together, amount to “death by a thousand cuts,” Heck said. And, if the secretary of state did assume the commission’s current power to certify the election results, they could try to disrupt that process as well. Essentially, Heck said, “Republicans are trying to weaken the Wisconsin Elections Commission for 2024 so that, when Trump runs again and Wisconsin will again be a very closely divided state, the election apparatus would be able to make decisions that would be very favorable for a Republican presidential candidate.”

“This is a tale as old as time. Everybody knows there is a massive transparency problem at the heart of California’s legislative process,” said Jonathan Mehta Stein, executive director of California Common Cause, a good government watchdog. It may be old hat for longtime members of the Capitol community, but Stein said that every time a new employee joins his organization, they are shocked to discover that there is a process where bills can be killed or amended with zero public scrutiny. “It is just so established that it doesn’t get scrutinized in the way that it probably should,” he said.

Republicans appear to have cynically calculated that these “ballot security” measures to suppress the vote may be harmful to some of their own voters, but that it will block  more Wisconsinites who might vote for their political opponents.  Republicans have targeted voters who reside in urban areas like Milwaukee, Madison, Racine and Green Bay. They have also homed in on college and university students by making it more difficult for that population to vote, even with a college-issued photo ID, than almost anywhere else in the nation. Most cruelly, Republicans have targeted Wisconsinites with disabilities, the elderly and the poor who must rely on public transportation and don’t have or cannot easily obtain the required photo ID needed to vote in Wisconsin. Republicans have not always behaved like this in Wisconsin. The question now is when, or even if, they will come to their senses and abandon this vicious assault on the very essence of our being as Americans, a promise that has made this state and this nation a beacon of  freedom and hope in the world: our 233-year-old commitment to free and fair elections.