Voting Rights

The major voting rights case is scheduled for oral arguments in front of the U.S. Supreme Court on Dec. 7.

Kathay Feng, who leads anti-gerrymandering efforts for the national group Common Cause, calls it “the case of the century” — and not out of admiration. “It is a case that asserts a bizarre and fabricated reading of the United States Constitution ... to create a situation where elections are already rigged from the start,” she said.

“When you’re with your family and friends this Thanksgiving, remind everyone to make a plan of how they’ll cast a ballot in the U.S. Senate race,” said Aunna Dennis, executive director for Common Cause Georgia. “These close races come down to 1% margins, and you could be the 1% that moves Georgia forward.”

Good-government groups such as Common Cause have been going after gerrymanders in both Democratic and Republican states for some time. The Supreme Court, in a 2019 case, held that federal courts can’t hear claims of partisan gerrymandering. The Court said that there’s just no standard to apply, and so federal courts are closed—there are other ways of dealing with these problems. Some states have created redistricting commissions; others have state courts that have policed partisan gerrymandering. That’s what happened in Moore v. Harper. After Common Cause lost in the U.S. Supreme Court, the group argued before the state Supreme Court in North Carolina that partisan gerrymandering violates the state constitution, and they won on that claim. The state Supreme Court ordered North Carolina to redraw its districts, to make them a little fairer in a state that is pretty evenly divided between Democrats and Republicans.

Generally, turnout considers “the number of registered voters who actually get to the polls or send in their mail-in ballots,” said Khalif Ali of Common Cause Pennsylvania. ... The delays happen, in part, because Pennsylvania is one of nine states that forbids election workers from processing ballots before Election Day. The state’s Democratic governor and Republican-controlled legislature haven’t been able to agree on a bill to change that. Most other U.S. states, including Florida, New Jersey and Wyoming, do allow ballots to be processed pre-election. “Since we don't have that, then what is required of us is patience,” said Common Cause’s Ali. “I'm more concerned about an accurate count than I am a quick count.”

Even when researchers can get through to Twitter, responses are slow—sometimes taking more than a day. Jesse Littlewood, vice president of campaigns at the nonprofit Common Cause, says he’s noticed that when his organization reports tweets that clearly violate Twitter’s policies, those posts are now less likely to get taken down.